ML17037B617

Letter Regarding the 11/29/1976 Federal Register Notice Amending 10 CFR 20.103, 20.104 and 20.405

ML17037B617
Person / Time
Site:	Nine Mile Point
Issue date:	07/29/1977
From:	Lear G Office of Nuclear Reactor Regulation
To:	Rhode G Niagara Mohawk Power Corp
References
Download: ML17037B617 (10)

Text

Distribution ocket ORB 83 Local PDR NRC PDR JUL 2 8 197$

Docket No. 50-220 GLear CParrish SNowicki GZwetzig Attorney, OELD OI&E (3)

Niagara mohawk Power Corporation DEisenhut ATTN: Nr. Gerald K. Rhode TBAbernathy Vice President - Engineering JRBuchanan 300 Erie Boulevard Rest ACRS (16)

Syracuse, Hew York 13202 Gentlemen:

RE: NINE NILE POINT NUCLEAR STATION UNIT NO. 1 On November 29, 1976, the Commission published in the Federal Register, (copy enclosed) an amended Section 20.103 of 10 CFR 20, which became effective on December 29, 1976. One effect of this revision is that in order to receive credit for limiting the inhalation of airborne radioactive material, respiratory protective equipment must be used as stipulated in Regulatory Guide 8.15. Another requirement of the amended regulation is that licensees authorized to make allowance for use of respiratory protective equipment prior to December 29, 1976, must bring the use of their respiratory protective equipment into conformance with Regulatory Guide 8.15 by December 29, 1977.

Because the respiratory protective program described in Section 6.12 of your facility Technical Specifications differs from that stipulated in Regulatory Guide 8.15, the effect of this change in the regulations is to require amendment of your Technical Specifications. In view of the provisions of Section 6.11 of your Technical Specifications, which require conformance with 10 Ct R 20, the fact that Section 20.103 no longer requir es specific authorization to emiploy respiratory protective equipment,, and the revocation provisions of subsection 6.12.3, we conclude that the necessary amendment to your facility's Technical Specifications can be effected by merely deleting Section this is to advise that pursuant to 10 CFR 20.103(c) 6.12.'ccordingly, you and (f), if you desire to receive credit for use of respiratory protective equipment at your facility after Oecember 28, 1977, such use must be as stipulated in Regulatory Guide 8.15 rather than as specified in your DPPICII~

SURNAMSW DATS~

NRC FORM 318 (9.76) NRCM 0240 *UI$ OOVSRNMSNT PRINTINO OPPICSs ISTS S20 S24

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Hiagara Mohawk Power w 2 Corporation JULY 9 1977 current Technical Specifications. Based on the revocation provision of your current specification on respiratory protection and in the absence of prior written objection from you, we will include deletion of this speci-fication in an amendment of your Technical Specifications approved after December 28, 1977. Ho response to this letter is required.

Sincerely, George Lear, Chief Operating Reactors Branch 83 Division of Operating, Reactors

Enclosure:

Federal Register Notice, November 29, 1976, amending 10 CFR 20.103, 20.104 and 202405 cc w/enclosure:

Ar vin E. Upton, Esquire LeBoeuf, Lamb, Leiby & MacRae 1757 H Street, H. W.

Mashington, D. C. 20036 Anthony Z. Roisman, Esquire Roisman, Kessler and Cashdan 1025 15th Street, Il. M.

5th Floor Washington, D. C. 20005 Nr. Eugene G. Saloga, Applicant Coordinator Nine f1ile Point Energy Information Center P. 0. Box 81 Lycoming, Hew York 13093 OFFICE~ ORB ¹3 ORB ¹3 ORB ORB BB SURNAME~ . CBar~b SNowicki. jf GZwetzig GLear DATE~ )/$/77 7 /g/77 1/@/77 g/P/77 NRC 1IORM 318 (9-76) NRCM 0240 NU 8, OOYERNMENT FRINTINO OFFICEI 1075 &2IM24

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0 QULH'ND RKGULAYlONS of (s zefated manual of respiratory pro-Cectfon against ra(hoacth c materials 9m n)so announced ln the notice of Proposed gule maldrig.

Interested persons were invited to sub-fnft written comments or suggestions for conslderat(on ln connection with the proposed amendments by October 7, 1974.

(Lnd the comment period was extended, Upon request. to November 6, 1974. In (zddltfon, copies of the draft guide and manual were provided iu response to re-.

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Ciuests.

Licensing and rc)ated regulatory func-Cfons of the AEC were transferred to the NRC pursuant to section 201 of the En-ergy Reorgan)zat) on hct of 1974.

After consideration of the comments geceived and other considerations, the Suc) car Regulatory Commission has .

Odopted the proposed amendments to Part 20 published for comment, with cer-Cain clarifying modifications and edito-changes. The more important changes, based largely on the comments gecelved, are summarized as foi)ows:

Since the limits on exposure to air-borne radioactive materials are now ex-pressed in terms of intake of such mate-,

ria's into the body. lt was suggested that reference be made in the regulation (5 20.103(a) (1) ) to some standardized bases for estimating intake. Accordingly, Cho effective rule includes a reference to (Ln NBC Regulatory Guide on acceptable

. concepts, models, equations and assump-Cfons for a bioas~ay program (Regulatory Qulde 8.9).

The intake limi~ for certain mixtures of uranium in soluble form (f 20.103(a)

(2) ) have been changed to conform with those adopted by the htomic Energy.

Commission on July 29, 1974 (35 FR 23990).

Licensees may, under Cho amended t regu)ation, ordlnari)y control exposures Co radioactive materia)s in much the

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< C. same way as thev do under the reguh-Clon before amendmcnt. For example. if from mcasurcd concentrations of radio-

~ active materials in air, and from gen-erally known work patterns and stay-times ln airborne radioacthlty areas. 1!

can be ascertained that no exposu"e o!

an individual in excess of the quarter)y limit could occur, indhldual estimates o!

intake of radioactive material ~ au)d not be required. In those circumstances where the licensee finds lt necessary to

'Title XO Energy ma(ntafn fndhldualized records of ir-CHAFfER f NUCLEAR REGULATORT take estimates, a requirement to record COMMISSION very small assessments of intake couid phffT~TANDARDSFOR PROTECT)ON result in burdensome and unnecessarv AGAlNST RAD(AT(ON recordkeeping. To avoid such a require-Exposure of fnct(v)due)s to Concentrations ment, the e(fcctlve regu)at(on has been of Radioactive materials in Air in Re. c)arif)ed so that assessment of indiv)dua) stricted Areas intakes less than rpecified amounts need On hugust 21, 1974. (39 FR 30164) t e not be fnc)uded ln such records (f 20.103 hlnmic Energy Commssion pub)shed n 'a ) ( 3) ) Li ec might of couwe thc Frmau. Rzourxa proposed amend- ~

ent ry into ments to)0CFRPart20concerningcon- maintain notes of indhldual a en n o trol of internal occupational exposures airborne .r'ad)oacthity areas through to radioactive materials inc)udi..g pro- a()rk permit or simUar means. for pu.

vision for usc cf resp~ra(ory pro(ect)ve pos~ such as checking e(fectivcness o(

equipment. The avaiiabRity o( drafts o ory protection p-ogram~ <<it):-

a related regulatory gu!Ce on acccptr. be l res@ i ra tory progranu for resp)ratosy Protection and out eszimating fntakes (u~

ffDKRAt a(GISrfrL, VOL 41, f(O. 22~CWPAY, f(OVEMSER 29, 1914

t J II 5

s kULES AND REGULATIONS ~ ' '

'581 jndlvidual intake records tmless they active material for 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per week for (2) VFhen it.is LmpracUcalde to apply needed. 13 weeks at uniform concentraUons sPec- process or other engineering controls to

, ere Some commenters were concerned that lfled ln Appendix B. Table I, CoLumn 1. )Lmit concentrations of radioactive ma-Regulatory Guide 8.15, which ls refer- (2) No licensee shall Possess, use. or terial in air below those deQned enced in the amended 120.103(c), might transfer mixtures of U-234. U-235, and l 20203(d) (1) (il), other precauUona!y b(y changed wiihout sufllclent notice to U-238 ln soluble form ln such a manner procedures, such as increased surveIL-Qcensees. Chai!ges to the guide would as to permit any individual in a restricted lance. )imitation of working times, or besu)t in a redatlng or renuinbering of area to inhale a quantity of such material provision of respiratory protective equip-Qu guide with appropriate changes to in excess of the intake limits specifled Ln ment, shall be used to maintain intake (20.103(c) including prior public notice Appendix B, Table I, Column 1 of this of,radioacUve material by any indlv!d-and Procedures thereof in the Fxassa!. part. If such soluble uranium ls of a form ual within any Period of s ven consec-Rzcysrxx. In addLUon, a drat t of Regula- such that absorpUon through the skin is uUve days as far below that intake of Coiy Ou!de 8.15 and its associated man<< likely, individual exposures to such ma- radioactive material which woidd result bla) WerernOtlCCd With publlCatiOn Of the terial shall be controlled so that the up- from lnhaiaUon of such material for 40 Iyroposed rule and made avai)able for take of such material by any organ from hours at the uniform concertraUons comment even before adoption of the either inhalationror absorption or both specifie ln Appendix B, Table 1, Colon

~ @resent procedures. routes of intake'oes not exceed that umn 1 as is reasonably achievable.

While no reference is made in the new which would result from inhaling such whenever the intake of rad(oactive ma-a11)e tO aHou~ce for particle size in de- material at the limits speclfled in 'hp- terial by any Lndisldua) exceeds th)s 40-

, Cermining exposures to airborne radio- pendix B, Table I, Column 1 and footnote hour control measure, the licensee shall activity. Hcensees may continue to apply 4 thereto. make such evaluations and take such for an exception far such aHoss1!ace un- (3) For purposes of determ)ning com- actions as are necessary to assure

<ha the Provisions of f 20501. pliance with the requirements of this sec- against recurrence. The licensee shall Pursuant to the Atondc Energy Act of tion the licensee shaH use suitable meas- maintain records oof such occurrences, urements of c2ncentratfons of radioaceo evaluat!ons, and actions taken in a clear 1954, as amended, the Energy Reorgani-bqstion Act of 1974. and sections 552 and tive materia" .in air for dctcctlng and evaluating airborne radioactlvlty ln re-and readOy identifiable form su)tab)e for summary review and evaluation.

553 of the United States Code, the fol-lowing amendment to Title 10, Chapter stricted areas and in addition, as appro- (c) When resp!ratory protect!ve X, Code of Pederal Regidat)ons. Part 20.

priate. shaH use measuremeats of radio- equipment Ls used to lindt the inhala-fs pubHshed as a document subJect to activity in the body. measurements of tlon of airborne radioacthe material Oodiflcation. radioactislty excreted from the body, or pursuant to paragraph (by(2) of this

1. Section 20.103 1s amended to read any combination of hach measurements section. the licensee may make a))ow-aS may be neCeSSary SOr timely IsbteCtLOn ance fcr such use in estlmatirg expo-as follows: and assessment of Lnd)yidua) sntakes of sures of Lndhidua)s to such materials I 20o103 Exposure of individuals to con.

eenteaiione of vadioac!ive snaierlala radioactivity by exposed individuals. It Ls assumed that. an individual inhales provided that such equipment is used as stipula(,ed in Regulatory Guide 8.15, fa air in res!r)e!ed areas. radioactive material at the airborne con- "Acceptable Programs for Respiratory Ca) 0) No licensee shall possess, use. centration in which he is present unless Protection."

or transfer licensed material ln such a he uses respiratory protective equ!pmcnt hotwithstanding the provi ion's of

'd) manner as to permit any individual ln a pursuant to paragraph (c) of th)s sec- paragraphs Ib) and (c) of this section,

.restricted area to inhale a quantity of tion. When assessment, of a particular the ComaILsslon may impose further

...:. ' tadioaCt)ve material ln any period of individual's intake of radioactive yna- restrictions:

one calendar quarter greater then the terlal Ls necessary. intakes ) ess then those

--: b)uantfty syhlch svould result from inha- which would result from lnhalaUon for (1) On the extent to:which a Hcensee lation for 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per week for 13 weeks 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in any one day or for 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> may make aHoaance for use of ~p}ra-fit uniform concentrations radiosct)ve in any one week at uniform concentra- tors ln lieu of provision of process. con-

~ " - fnater)a) in air SpeClfled LnofAppendIX "B, tions sp&ifled in Appendix B. Table I, tainment. ventilation, or other en ineer- .

.- 'I@hie I, Column 1.' If the radioactive Column 1 need not be included'ln such lng controls, lf application of such con-bnaterial is of such form that intake by assessment. provided that for any assess- trols is found to be practicable; and IbbsorpUon through the skin Ls likely. Ln- meat in excess of these amounts the en- (2) As might be necessary to assure sffvidua) exposures to radloacUve mate- tire amour'.t is included. that the respiratory protective progmm Rfa) shaH be controlled so that the up- (b) (1) The licensee shall. as a precau- of the licensee ls adequate in )Lm)Ung take of radioactive ma!crial.by any or- tionary procedure. use process or other exposures of personne) to airborne ra-gan from either inhalation or absorption engineering controls, to the extent prac- dioacUve materials.

or both routes of intake" in any calen- ticable. to )imlt concentrations of radio- (e) The licensee shall notify. Ln writ-dar quarter does not exceed that which active materials in air to levels below ing, the Director of the appropr!ate Nu-wou)d result from inha))ng such radio-. those which delimit an airborne radio- clear Regulatory Commission Inspection activity area as defined in $ 20 n03(d) (1) and Enforcement Regional Offlce '"ted (LL). Ln Appendix D at )east 30 days before the

• Since the concentration speeieed for irit- date that respiratory protective equip-fum oxide vapor assumes equal Iniakcs by skin sLbso~s!oa and !aha)asioa, sbe total sS!ga!Scant intake by Ingestion or Infec- ment ts first used under the Provisions intake permitted Ia swlce that which would tion Is presumed so occur only as a resuls af of this section.

sexuls from iaha)a!ioa alone as the coacea- circuamsances such as aec!dens. Inadrersenee. <fy A Hccnsee who is~ authorized to trattoa apeciaed for ff 3 S ia hppcadix B. poor procedure. or s!mllar special ccad! s!oas. make allowance for use of respiratory

~hie L Column 1 for 40 house Per week for Such Iasakes musS be eve!assed and ac- prosecUve equipment prior to Decem-13 v eeks. counted for by Sechn!ques and procedures as ber 29. 1926 sh3)) bring his.rcspew-e For radleeesive snaterla!s desfgaated may be appeepe!ate so the clecumssanees of tory protective program into conform-..

Suhoo ia She "Isotope" Column er she table, the occurrence. Exposures so evaluated ahau arce with the requirements of para-the concentration raIue spccyeed is based be Included Ia deserm!a!ng whether sbe upon exposure So the ma!eels! as aa exseenal 1!my!as!nn on iad!rlduai exposures ia f 20.- graph (c) of this section ssltldn one radiation aotsrce. yndlrldua! exposures so 103( a'I II I has been exceeded. year of that date, and is exempt from these materia!s may be accounted for as paeS sReeu!ainey gu!dance On axveaxmens nf of the I!m!tat!on on Iad!v!dual dose In Indiv!dual Insakes af sad!naeuve maserlal is f 20.101. These maSerlals shall be sub)ecS So g!ven In negulalory Guide 8.9, "hcceptable rneoneronon nr, rere roe nro r-the precauilonary procedures required by Coneenss. hindcls. Equations and hssump- a!an was approved by the DIxeesor of the Fed-

'f 20.103(b) (I). Sfons for a Rlnassay Program," alngye ceplea eral Reg!sier on OeSnner 19. 1916. Slnele

~ aiult!pie the COneensratIOn ra!"ex Spec! ~ ar <<h!eh are ava!!able Irom ihe C'rice of cop!ex oi Regulatory Ou!de 0.15 a.e aradab:e fed ia hppend!x B. Table I. celuran 1 by S'andaeds nese!ripmen:. Il S. Nue!ear negu- from the OCee of Standards Dere!o mens.

IS X Ios mi SOObSayn She qaa !ee!y quariiiy Inseey Cnmmhs!an. Sca~hiagSoa. D.C. 20355. D.s. Hueless Reculaseer comm!xs!nn. svm Qmit. upon wrlssen requess. Ingtoa, D.C. 20SSS. upon arstlea seq4ecs.

ffofRAL RfOIS)fRo VOL 41 ~ NO. 23~ONDAY>> NOVfMbfb 29o Nyd

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V RULES AND REGULATIONS Efic requirement of paragraph (e) of with a copy lo thc appropriate Nuclear exposure as.required by paragraph (b) this section. Regulatory Commission Inspection and of this section; lcvcls of radiation and Enforccincnt Regional Office lis(cd ln concentrations of radioactive matenal

2. In $ 20.104. paragraph (c) fs revised Appendix D, of (1) each exposure of an lnvolvcd; thc cause of the ex)iosure, fo read as foUous: individual to radi. "" in excess of thc levels or concentrations; and corrective applicable IimiLc. in sr 20.101 or 20.104 steps taken or plaruicd to assure against Q 20.10$ Expoaure of ininara. (a) or tlic liccnsc; (2! each exposure a recurrence.

~ ~ of an indlvldual to rad!oactlvc material a (c) I3)e provisions of '$ 20.103(b) (2) in excess of thc applicable limits in Etfcctlve date. These amcndmcnts be-and 20.103(c) shall apply to exposures 1$ 20.103(a) (1), 20.103(a) (2i, 20.104(bi come effective on December p9. 1970.

subject to paragraph (b) of this section or thc license; (3i levels of radiation or except that tnc references in lf 20.103 ronrentrations of radioactive material (Secs. 53. 63, 81, 103. 104, 161 b and c.

(b)(2) and 20.103ic) to Appendix B, ii. a restricted area ln excess of ary Pub L. 83-')03,88-489, 91-560. 68 S:at 930.

'Tab)c I, Column 1 shall bc deemed to be other ap>>licablc limi(. in the license: (4i 933, 935. 937, 948-949. 70 Stat. 1069. "8 S(a(.

references to Appendix B, Table I.. Col- any n:c:dent for which notification is re- 602, 84 SLat. 1472. 88 Stat. 475 F42 O,S.C.

mnn I. quired by < 20.403; and iS i levy)s of ra- 2073, 2093, 21)1, 2133. 2134. 220'i); See. 201, (3) In l 20.405. paragraph (ai is re- diation or concentrations of radioactive Pub. L. 93&38, 88 Stat. 1242 (42 1)S.C.

vised to read as follows: material (whether or not invol(lng ex- 5841) ).

cessive exposure of any individual) in I 20AOS Pirpor(s of ovrrexpnaurra and an unrcstric(.cd area in excess of ten excessive levels and conrrn(rations.

Dated at Washington, D.C. this 23rd times any applicable limit set forth in day of November 1976.

(a) Zn additicn to any notification tlds part or in thc license. Each report For the Nuclear Regulatory Commi:-

required by 120.403. each licciisce shall rcquircd under this paragraph shall de- slon.

maL.c a rcport in wri'ing uithln 30 days to thc Director, Office of Inspection and scribe the extent of exposure of persons SAlsUKL J. Ci(?Lx, Enforccmcnt, U.S. Nuclear Rem,)story to radiation or to radioactive material, Sccrctort) of thc Commission.

Commission, Washington, D.C. 20555, including estimates of each Individual'8 IPR Doc.')6-35131 Flied 11-26-16:8:45 ain I fEDERAl REGIS(ER, VOL. O'I, E(O. 23~ONDAY HOVEMRER 29m )976

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