ML20076D890
| ML20076D890 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 07/24/1991 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| Shared Package | |
| ML20076D893 | List: |
| References | |
| NUDOCS 9107300305 | |
| Download: ML20076D890 (7) | |
Text
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7590-01 UNITED STATES OF APERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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POWER AUTHORITY OF THE Docket No. 50-333 STATE OF NEW YORK (James A. Fitzpatrick Nuclear Power Plant)
EXEMPTION 1.
The Power Authority of the State of New York (PASNY/ licensee) is the holder of Facility Operating License No. DPR-59, which authorizes operation of the James A. FitzPatrick Nuclear Power Plant (the facility). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the Nuclear Regulatory Comission (the Commission) now or hereafter in effect.
The facility is a boiling water reactor located at the licensee's site in Oswego County, New York.
4 11.
CFR 50.71(e)(4) requires that licensees submit a revision of the Final Safety Analysis Report (FSAR) no less frequently than annually that reflects all changes up to a maximum of 6 months prior to the date of filing. This regulation would require the submittal of the update of the FitzPatrick FSAR by July 22, 1991, t
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2 10 CTR 50.54(a)(3) requires, in part, that licensees submit changes to
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the quality assurance program description included or referenced in the FSAR l
at least annually provided these changes do not reduce the commitments in the program description previously accepted by the NRC.
This regulation would require the submittal of changes to the quality assursnce program description
. contained in Chapter 17 of the FSAR by July 22, 1991.
3 By [[letter::JPN-91-028, Requests Exemption from Schedular Requirements of 10CFR50.71(e)(4) for Submittal of Periodic Update to FSAR & Also Seeks Exemption from Schedular Requirements of 10CFR50.54(a)(3) for Annual Submittal of Revs to QA Program|letter dated June 28, 1991]], and supplemented by letter dated July 12,
-1991, the licensee requested a one-time schedular exemption from 10 CFR 50.71(e)(a) and10CFR50.54(a)(3).
Specifically, the licensee requested that it be permitted to delay the annual update of the FSAR from July 22, 1991, to January 22, 1992, which is a six-month delay.
Also, the licensee requested that it be permitted to delay the submittal of changes to the quality assurance program description contained in Chapter 17 of the FSAR from July 22, 1991, to January 22,1992, which.is a six-month delay.
- The Commission may' grant exemptions from the requirements of the regulationswhich,pursuantto10CFR50.12(a),are:
(1) authorized by law, will not present an undue risk to the public health and safety, and are consistentwiththecommondefenseandsecurity;and(2)presentspecial circumstances.
Section50.12(a)(2)(v)of.10CFRPart50indicatesthat i
specia1' circumstances exist'when an exemption would provide only temperary relief from the applicable regulation and the Itcensee has made good faith L
efforts to comply with the regulation.
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IV.
The requested exemption is administrative and would not affect plant equipment, operation, or procedures. The FSAR contains the analysis, assumptions, and technical details of the facility design and operating parameters. Until the FSAR is annually updated, the li ense amendment process and the reporting requirements of 10 CFR 50.59(b)(2), 10 CFR 50.72, and 10 CFR 50.73 continue to provide the NRC with adequate and timely notification of changes to the plant and its licensing basis.
Furthermore, the requested exemption from the schedular requirement of 10 CFR 50.54(a)(3) for annual submittal of changes to the quality assurance program description contained in Chapter 17 of the FSAR applies only to those changes that do not reduce the commitments in the program description previously accepted by the NRC.
Changes to the quality assurance program description that do reduce the connitments still nost be approved by the NRC prior to implementation.
The current licensing workload for the FitzPatrick plant, in addition to difficulties in finding qualified personnel to fill an abnormally high number of vacancies in licensing engineering positions, have contributed to the need forexemptionfrom10CFR50.71(e)(4)and10CFR50.54(a)(3). Furthermore, additional time is necessary to ensure that extensive improvements, designed to enhance the quality and clarity of the FSAR, are incorporated into the next update. These imp-ements include the complete revision of Chapter 14, "$afety Analysis," and the upgrading of many FSAR system drawings.
The licensing workload for the FitzPatrick plant includc-s the following issues:
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Individual Plant Evaluation (Generic Letter 88-20) 2.
Mark i Containment Hardened Vent 3.
Service Water System Evaluation (Generic Lett.c 89-13) 4 Station Blackout Analysis 5.
ATWS Rule diversity 6.
. Motor Operated Valve Operability (Generic Letter 89-10) 7 Thermal Hydraulic Stability 8.
IntegranularStressCorrosionCracking(GenericLetter88-01) 9.
Spent Fuel Pool Expansion
- 10. Licens'ing Actions Required for Refueling
- 11. Power Uprate
- 12. 24 Month Operating Cycle The stated licensing activities are important to the continued safe and efficient operation'of the FitzPatrick Plant and have therefore received priority over the annual updates of the FSAR and tne quality assurance program description contained in the FSAR, which are administrative requirements.
An increased burden on the FitzPatrick licensing staff has resulted from difficulties in finding qualified personnel to fill an abnormally high number of vacancies in licensing engineering positions. The licensee has made every
-effort to fill these vacancies as soon as they ocurred.
In spite of :his, vacancies to date in 1991 have exceeded one-third of the authorized licensing engineering-positions. The licensee has initiated corrective actions to compensate for this shortage of_ qualified personnel by-hiring-three contract engineers and two summer interns. These additional personnel should have a positive impact on the' efforts to reduce the current FitzPatrick licensing workload.
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5-Schedular relief is also requested to provide additional time to complete a total revision of FSAR Chapter 14. " Safety Analysis," and to facilitate other F3AR improvements.
The objective of the safety analyses in Chapter 14 of the FSAR is to evaluate the ability of the plant to mitigate the consequences of a postulated accident without undue hazard to the health and safety of the public.
The revisions to this chapter will result in the following improvements:
1.
The transient response figures will be enlarged for legibility and to make them more suitable for licensed operator training.
2.
The trantient and accident analyses for the fuel reloads will be added.
3.
The existing (cycle 1) analyses will be retained since they are the original licensing basis of the FitzPatrick plant.
4 The format will be revised to facilitate updates required by future reload cores, g,
Another FSAR improvement which requires additional time to implenent is the replacement of many of the FSAR flow diagrams with new drawings which are consistent with current computer generated Operating Procedure (0P) and Process and Instrument (P&ID) drawings. The new OP, P&ID, and FSAR drawings incorporate differing levels of detail overlaid on a common base drawing using computer aided drafting techniques.
This improves the consistency of all major plant drawings used for plant operator training.
The licensee has made a good faith effort to comply with the regulations by initiating corrective actions, both short term and long term, to improve its submittals and ensure that similar exemptions will not be necessary in
. the future.
Therefore, the exemption would only provide temporary relief from the applicable regulations.
Thus, there are special circumstances present which satisfy 10 CFR 50.12(a)(2)(v).
V.
Accordingly,theConnissionhasdetermined,pursuantto10CFR50.12(a),
that (1) the exemption as described in Section !!! is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security, and (2) in this case, special circumstances are present as described in Section IV.
Therefore, the Commission hereby grants the following exemption:
Accordingly, the Commission hereby grants a one-time exemption, as described in Section ill above from 10 CFR 50.71(e)(4) from the requirement to submit the annual revision of the FitzPatrick FSAR on July 22, 1991.
This revision shall be submitted by January 22, 1992.
Furthermore, the Commission hereby grants a one-time exemption, as described in Section 111 above from the 10CFR50.54(a)(3)requirenenttosubmittheannualchangestothe quality assurance program description contained in the FitzPatrick FSAR on July 22, 1991. These changes shall be submitted by January 22, 1992.
Pursuant to-10 CFR 51.32, the Commission has determined that the granting of this exemption would have no significant impact on the quality of the human environment (56 FR 33948, July 24, 1991).
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A copy of the licensee's request for exemption dated June 28, 1991, and the supplement letter dated July 12, 1991, are available for public inspection at the Comraission Public Docurent Poom, in the Gelman Evilding, ?120 L Street, ll.W., Vashington, D.C., and at the reference and Documents Departrent, Penfield Library, State l'niversity College of tJew York, Oswego, tiew York. Copies may be obtained upon written request addressed to the U.S. tiuclear Regulatory Cor.tnission, Washington, DC, 20555, Attention, Director, Division of Reactor Projects - 1/11.
This exemption is effective upon issuance.
FOR TPE ttVCLEAR EGULATORY COMMISS10tl
\\bgh,# Direc r e
Division of Reactor Pr
' cts - 1/11 Office of 14uclear Reactor Regulation Dated in Rockville Maryland this 24th day of July 1991.
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4 July 24,1991 Docket No. 50 333 DISTRIBUTION
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RCapra Mr. Ralph E. Beedle NRC & Local PDRs OGC Executive Vice President. Nuclear PDI.1 Reading EJordan Generation TMurley/FMiraglia GHill(4)
Power Authority of the State of JPartlow ACRS(10)
New York CRossi GPA/PA 123 Main Street SVarga OC/LfMB White Plains, New York 10601 JCalvo KBrockman KVogan CCowgill
Dear Mr. Beedle:
BMcCabe
SUBJECT:
ISSUANCE OF A ONE. TIME SCHEDULAR EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.71(e)(4) AND 10 CFR 50.54(a)(3) FOR THE JAMES A. TITZPATRICK NUCLEAR POWER PLANT (TAC NO. 80902)
The Nuclear Regulatory Commission, pursuant to 10 CFR 50.12 has granted the enclosed one-time schedular exemption to 10 CFR 50.71(c)(4),regarding the annual update of the Final Safety Analysis Report (FSAR) and 10 CTR 50.54(a)(3) regarding the annual submittal of changes to the quality assurance (QA) program description contained in the FSAR for the James A. FitzPatrick Nuclear Power Plant.
This.one-time schedular exemption extends the required submittal date from July 22, 1991, to January 22, 1992, a period of six months.
P We find that granting the exemation is authorized by law, will not present an undue risk to the public healt1 and safety is consistent with the comn.on defenseandsecurity,andmeetsthespecialcircumstancesdescribedin10CfR 50.12(a)(2)(v), in that the exemption provides only temporary relief from the applicable regulations and the licensee has made a good faith effort to comply with the regulations.
Therefore, your request for exemption is granted.
A copy of this Exetaption is being filed with the Office of the r deral e
Register for publication.
Sincerely, ORIGit%L SIGNED bye Brian C. McCabe, Project Manager Project Directorate 1-1 Division of Reactor Projects. 1/II Office of Nuclear Reactor Regulation
Enclosure:
Exemption cc w/ enclosure:
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