RNP-RA/05-0026, Request for Exemption from 10 CFR 72.212(b)(7)

Request for Exemption from 10 CFR 72.212(b)(7)

ML051180370
Person / Time
Site:	Robinson, 07200003, 07200060
Issue date:	04/19/2005
From:	Lucas J Progress Energy Carolinas
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
+KBR1SISP20050523, RNP-RA/05-0026
Download: ML051180370 (6)

Text

10 CFR 72.7 Progress Energy Serial: RNP-RA/05-0026 APR 1 9 2005 United States Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261[LICENSE NO. DPR-23 REQUEST FOR EXEMPTION FROM 10 CFR 72.212(b)(7)

Ladies and Gentlemcn:

Pursuant to the provisions of 10 CFR 72.7, "Specific exemptions," Progress Energy Carolinas, Inc., also known as Carolina Power and Light Company, requests an exemption from a requirement specified in 10 CFR 72.212, "Conditions of general license issued under §72.210,"

for H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2.

As detailed in the attachment, the specific exemption would be from the requirement of 10 CFR 72.212(b)(7), which states, "The licensee shall comply with the terms and conditions of the certificate." The exemption would only apply to compliance with one specific requirement in the Technical Specifications for 10 CFR 72, Certificate of Compliance No. 1004, which is issued to Transnuclear, Inc., for the Standardized NUHONMS System. The requirement involves cask lift height restrictions when outside the spent fuel pool building. Justification for this requested exemption, including an environmental assessment, is provided in the attachment to this letter.

The exemption is required to load fuel into the planned dry fuel storage facility at HBRSEP, Unit No. 2. The first loading is scheduled for late July/early August 2005, following the issuance of the final rule change to 10 CFR 72.214 to incorporate Amendment No. S to 10 CFR 72, Certificate of Compliance No. 1004. Loading must occur at that time to ensure full core offload capability upon startup from Refueling Outage No. 23, which is scheduled to begin on September 17, 2005.

Progress Energy Carolinas. Inc.

Rohinwsor Nucleat Plant 3581 West Entance RoadI

[Hallsvfile. SC2955Uj

United States Nuclear Regulatory Commission Serial: RNP-RA/05-0026 Page 2 of 2 Proposed Amendment No. 9 to Certificate of Compliance No. 1004 includes proposed changes to the Technical Specifications that would make this exemption unnecessary. However, the estimated effective date for the final rule change to 10 CF;R 72.214 to incorporate Amendment No. 9 would not support the HBRSEP, Unit No. 2, scheduled loading. Therefore, it is requested that this exemption be granted by the same date that the final rule change for Amendment No. 8 becomes effective, which is currently estimated for the end of July 2005. The exemption would remain in effect until Amendment No. 9 is issued.

If you have any questions concerning this matter, please contact Mr. C. T. Baucom at (843) 857-1253.

Sincerely, Ja Lucas Manager - Support Services - Nuclear RAC/rac Attachment c: NRC Resident Inspector, HBRSEP Dr. WV. D. Travers, NRC, Region II Mr. J. R. Hall, NRC, NMSS, SFPO Mr. L. R. Wharton, NRC, NMSS, SFPO Mr. C. P. Patel, NRC, NRR

United States Nuclear Regulatory Commission Attachment to Serial: RNP-RAI05-0026 Page 1 of 4 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 REQUEST FOR EXEMPTION FROM 10 CFR 72.212(b)(7)

I. Background The current Technical Specifications for 10 CFR 72, Certificate of Compliance (CoC)

No. 1004, which is issued to Transnuclear, Inc., for the Standardized NLUHOMS System, contains the following requirements in regard to lifting height restrictions for a Transfer Cask (TC)/Dry Shielded Canister (DSC):

Specification 1.2.10, "DSC Handling Height Outside the Spent Fuel Building," states:

"Limit/Specification: 1. The loaded TC/DSC shall not be handled at a height greater than 80 inches outside the spent fuel pool building."

Specification 1.2.13, "TC/DSC Lifting Heights as a Function of Low Temperature and Location," states: "Limit/Specification: 4. The maximum lift height and handling height for all transfer operations outside the spent fuel pool building shall be 80 inches and the basket temperature may not be lowver than 00 F."

The above wording has not caused a problem at sites where the evolution of lifting the TCJDSC out of the spent fuel pool and then lowering it onto the transfer trailer takes place within the spent fuel pool building. However, at H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2, the cask handling crane is outside the spent fuel pool building. After roof and wall panels are removed, the TC/DSC must be lifted out of the spent fuel pool and then moved outside the spent fuel pool building before it is lowered onto the transfer trailer. Therefore, for a short period of time, the TC/DSC would be lifted higher than 80 inches while outside the spent fuel pool building. This would not be in compliance with the current Technical Specifications wording.

The basis for the 80 inch lift height limit is related to the structural integrity of the TC/DSC. Evaluations have determined that drops of the TC/DSC of up to 80 inches can be sustained without breaching the confinement boundary, causing a criticality accident, or preventing the removal of spent fuel assemblies from the TC/DSC for transfer back into the spent fuel pool. These evaluations would be applicable to a drop inside or outside the spent fuel pool building. The reason the Technical Specifications requirements distinguish between inside and outside the spent fuel pool building is based on the assumption that all lifts within the spent fuel pool building will be in compliance with the heavy load requirements and procedures of the 10 CFR 50 license and hence a TC/DSC drop is not considered credible inside the spent fuel pool building.

The proposed Amendment No. 9 to CoC No. 1004, as transmitted in an October 8, 2004 letter from Transnuclear, Inc., to the NRC, includes proposed changes to Specifications 1.2.10 and 1.2.13 to clarify the intent. The proposed wording states:

.71 United States Nuclear Regulatory Commission Attachment to Serial: RNP-RA/05-0026 Page 2 of 4 Specification 1.2.10, 'TC/DSC Handling Height Outside the Spent Fuel Building,"

states: "Limit/Specification: 1. The loaded TC/DSC shall not be handled at a height greater than 80 inches outside the spent fuel pool building when it is not being handled in accordance with the General Requirements and Conditions of Specification 1.1.4."

Specification 1.2.13, "TC/DSC Lifting Heights as a Function of Low Temperature and Location," states: "Limit/Specification: 4. The maximum lift height and handling height for all transfer operations outside the spent fuel pool building shall be 80 inches (when it is not being handled in accordance with the General Requirements and Conditions of Specification 1.1.4) and the basket temperature may not be lower than 00 F."

Specification 1.1.4 requires that lifts of the TC/DSC be made within the existing heavy load requirements of the 10 CFR 50 license. HBRSEP, Unit No. 2, will be in compliance with the revised wording, as the only time the TCIDSC will be lifted above 80 inches when inside or outside the spent fuel pool building is when the TC/DSC is being lifted by the spent fuel cask crane, which meets the 10 CFR 50 license heavy load requirements.

However, Amendment No. 9 is not expected to be incorporated into 10 CFR 72.214 in time to support the scheduled TC/DSC loading.

II. Exemption Request Pursuant to the provisions of 10 CFR 72.7, "Specific exemptions," Progress Energy Carolinas, Inc. (PEC), also known as Carolina Power and Light Company, requests an exemption from a requirement specified in 10 CFR 72.212, "Conditions of general license issued under §72.210," for H. B. Robinson Steam Electric Plant (HBRSEP),

Unit No. 2. The specific exemption would be from the requirement of 10 CFR 72.212(b)(7), which states, "The licensee shall comply with the terms and conditions of the certificate.""

The exemption would be limited to compliance with the requirements of Technical Specifications 1.2.10 and 1.2.13 for Certificate of Compliance No. 1004. Specifically, the exemption would be from the requirement to limit the lift height of a loaded TC/DSC to 80 inches when outside the spent fuel pool building. In lieu of this requirement, PEC procedures ensure that the TC/DSC will not be lifted higher than 80 inches when not being handled by devices that meet the existing 10 CFR 50 license heavy load requirements.

Proposed Amendment No. 9 to Certificate of Compliance No. 1004 includes changes to the Technical Specifications that would make this exemption unnecessary. However, the estimated effective date for the final rule change to 10 CFR 72.214 to incorporate Amendment No. 9 would not support the scheduled fuel loading. Therefore, it is requested that this exemption be granted and remain in effect until Amendment No. 9 is issued.

United States Nuclear Regulatory Commission Attachment to Serial: RNP-RA/05-0026 Page 3 of 4 MII. Justification Paragraph 10 CFR 72.7 specifies that the Commission may grant exemptions from the requirements of 10 CFR Part 72 when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

The procedures that will be employed at HBRSEP, Unit No. 2, for handling of the TCIDSC will meet the intent of the Technical Specifications requirements. The intent is to preclude a drop of the TCIDSC from a height of greater than 80 inches. This will be accomplished by use of handling devices that meet the heavy load requirements whenever the TC/DSC is lifted over 80 inches, and hence a drop need not be postulated either inside or outside the spent fuel pool building. Since the intent of the Technical Specifications will be met, the exemption will not endanger life or property or the common defense and security. The exemption will be in the public interest in that it will allowv for the safe and efficient storage of spent nuclear fuel at HIBRSEP, Unit No. 2.

IV. Environmental Assessment Information The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exemption.

Identification of the Proposed Action Progress Energy Carolinas, Inc. (PEC), also known as Carolina Power and Light Company, requests an exemption from a requirement specified in 10 CFR 72.212, "Conditions of general license issued under §72.210," for H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2. The specific exemption would be from the requirement of 10 CFR 72.212(b)(7), which states, "The licensee shall comply with the terms and conditions of the certificate."

The exemption would be limited to compliance with the requirements of Technical Specifications 1.2.10 and 1.2.13 for Certificate of Compliance No. 1004.

Specifically, the exemption would be from the requirement to limit the lift height of a loaded TC/DSC to 80 inches when outside the spent fuel pool building. In lieu of this requirement, PEC procedures ensure that the TC/DSC will not be lifted higher than 80 inches when not being handled by devices that meet the existing 10 CFR 50 license heavy load requirements.

The Need for the Proposed Action In order to transport fuel from the spent fuel pool to an Independent Spent Fuel Storage Installation (ISFSI) being constructed on the HBRSEP, Unit No. 2, site, the TC/DSC must be lifted above a height of 80 inches while outside the spent fuel pool building. This action would not be permitted based on the current Technical

^ - s United States Nuclear Regulatory Commission Attachment to Serial: RNP-RA/05-0026 Page 4 of 4 Specifications. Therefore, the exemption is required to allow for the transfer of fuel to the ISFSI and implementation of plans for dry fuel storage at HBRSEP, Unit No. 2.

Dry fuel storage is required at HBRSEP, Unit No. 2, to allow for full core offload capability following the scheduled 2005 refueling outage.

10 CFR 72.7 specifies that the Commission may grant exemptions from the requirements of 10 CFR Part 72 when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. PEC has concluded that these conditions for granting an exemption are met and has provided the justification in this submittal.

Environmental Impacts of the Proposed Action PEC has determined that the requested exemption will ensure that the intent of the Technical Specifications are met, which is to preclude a drop of a loaded TC/DSC from greater than 80 inches. Therefore, PEC concludes that the exemption wvill not significantly increase the probability or consequences of accidents, that no changes are being made in the types or amounts of effluents that may be released off site, and that there is no significant increase in occupational or public radiation exposure as a result of the proposed activities. Therefore, there are no significant radiological environmental impacts associated with the proposed exemption. With regard to potential non-radiological environmental impacts, PEC has determined that the proposed exemption has no potential to affect any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental impacts associated with the requested exemption.

Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the requested exemption, the Commission could consider denial (i.e., the "no-action" alternative). Denial of the exemption would result in no change to the current environmental impacts. PEC considers the "no-action" alternative to potentially impact PEC's ability to provide safe, affordable, competitive, and reliable electrical power generation.

Alternative Use of Resources The requested exemption does not involve the use of any different resources than those previously considered in the Final Environmental Statement for 14BRSEP, Unit No. 2, dated April 1975. Accordingly, the proposed action is not a major federal action significantly affecting the quality of the environment.