ML070880358

Relief Request (RR) No. 3-42(A)

ML070880358
Person / Time
Site:	Indian Point
Issue date:	04/24/2007
From:	Mark Kowal NRC/NRR/ADRO/DORL/LPLI-1
To:	Kansler M Entergy Nuclear Operations
Boska J, NRR, 301-415-2901
References
TAC MD3352
Download: ML070880358 (9)

Text

April 24, 2007Mr. Michael R. KanslerPresident Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - RELIEF REQUEST(RR) NO. 3-42(A) (TAC NO. MD3352)

Dear Mr. Kansler:

By letter dated October 20, 2006, Entergy Nuclear Operations, Inc. (the licensee), submitted arequest to use the 2001 Edition through the 2003 Addenda of Section XI of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code) for repair and replacement activities at the Indian Point Nuclear Generating Unit No. 3 (IP3). The request would replace the current inservice inspection (ISI) Code of record which is the 1989 Edition for Class 1, 2, and 3 components and the 1998 Edition for Class MC and CC components. The authorization of the subsequent edition and addenda of the ASME Code will allow the use of the same rules for both IP3 and Indian Point Nuclear Generating Unit No. 2.Paragraph 50.55a(g)(4)(iv) of Title 10 of the Code of Federal Regulations (10 CFR) states thatinservice inspection of components and system pressure tests may meet the requirements set forth in subsequent editions and addenda of the ASME Code provided that they are incorporated by reference in 10 CFR 50.55a(b), subject to the limitations and modifications listed in 10 CFR 50.55a(b) and subject to Commission approval. Portions of editions or addenda may be used provided that all related requirements of the respective editions or addenda are met.Based on the enclosed safety evaluation, the Nuclear Regulatory Commission staff concludesthat the proposed request is acceptable and approves the use of the 2001 Edition through the 2003 Addenda to ASME Code,Section XI, for repair and replacement activities for the remainder of the third 10-year interval at IP3, which ends on July 21, 2009.

M. Kansler- 2 -If you have any questions regarding this approval, please contact the Indian Point ProjectManager, John Boska, at 301-415-2901. Sincerely,/RA/Mark G. Kowal, ChiefPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-286

Enclosure:

Safety Evaluationcc w/encl: See next page

ML070880358*See SE dated 3/6/07OFFICELPL1-1/PMLPL1-1/LACPNB/BCOGCLPL1-1/BCNAMEJBoskaSLittleTChan*ACuratolaMKowalDATE4/17/074/2/073/6/074/16/074/24/07 Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Mr. Gary J. TaylorChief Executive Officer Entergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213Mr. John T. HerronSenior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Fred R. DacimoSite Vice President Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249Mr. Paul RubinGeneral Manager, Plant Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway P.O. Box 249 Buchanan, NY 10511-0249Mr. Oscar LimpiasVice President Engineering Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Christopher SchwarzVice President, Operations Support Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. John F. McCannDirector, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Ms. Charlene D. FaisonManager, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Michael J. ColumbDirector of Oversight Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. James ComiotesDirector, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249Mr. Patric ConroyManager, Licensing Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P. O. Box 249 Buchanan, NY 10511-0249Assistant General CounselEntergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Peter R. Smith, PresidentNew York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399Mr. Paul EddyNew York State Department of Public Service 3 Empire State Plaza Albany, NY 12223 Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:

Regional Administrator, Region IU.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406Senior Resident Inspector's OfficeIndian Point 2 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511Senior Resident Inspector's OfficeIndian Point 3 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511Mr. Charles Donaldson, EsquireAssistant Attorney General New York Department of Law 120 Broadway New York, NY 10271Mayor, Village of Buchanan236 Tate Avenue Buchanan, NY 10511Mr. Raymond L. AlbaneseFour County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532Mr. William DiProfioPWR SRC Consultant 139 Depot Road East Kingston, NH 03827Mr. Garry RandolphPWR SRC Consultant 1750 Ben Franklin Drive, 7E Sarasota, FL 34236Mr. William T. RussellPWR SRC Consultant 400 Plantation Lane Stevensville, MD 21666-3232Mr. Jim RiccioGreenpeace 702 H Street, NW Suite 300 Washington, DC 20001Mr. Phillip MusegaasRiverkeeper, Inc.

828 South Broadway Tarrytown, NY 10591Mr. Mark JacobsIPSEC 46 Highland Drive Garrison, NY 10524 EnclosureSAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELIEF REQUEST 3-42(A)ENTERGY NUCLEAR OPERATIONS, INC.INDIAN POINT NUCLEAR GENERATING UNIT NO. 3DOCKET NO. 50-28

61.0INTRODUCTION

By letter dated October 20, 2006, Entergy Nuclear Operations, Inc. (the licensee), submitted arequest to use the 2001 Edition through the 2003 Addenda of Section XI of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code) for repair and replacement activities using ASME Code Part IWA-4000 at the Indian Point Nuclear Generating Unit No. 3 (IP3). The request would replace the current inservice inspection (ISI) Code of record which is the 1989 Edition, with no addenda, for Class 1, 2, and 3 components and the 1998 Edition, with no addenda, for Class MC and CC components. The approval of the subsequent edition and addenda of the ASME Code will allow the use of the same rules for both IP3 and Indian Point Nuclear Generating Unit No. 2 (IP2). This request is for the remainder of the third 10-year ISI interval at IP3, which began July 21, 2000, and is scheduled to end July 21, 2009.The licensee submitted this request in accordance with the guidance provided in the NuclearRegulatory Commission (NRC) Regulatory Issue Summary (RIS) 2004-16, dated October 19, 2004. In this RIS, the NRC staff stated that licensees who wish to use provisions of subsequent editions and addenda of the ASME Code,Section XI, for activities, including repair and replacement activities, must receive prior NRC approval as required by section 50.55a(g)(4)(iv) of Title 10 of the Code of Federal Regulations (10 CFR).

2.0REGULATORY EVALUATION

Pursuant to 10 CFR 50.55a(g)(4), ASME Code Class 1, 2, and 3 components (includingsupports) shall meet the requirements, except the design and access provisions and the pre-service examination requirements, set forth in the ASME Code,Section XI, "Rules for Inservice Inspection of Nuclear Power Plant Components," to the extent practical within the limitations of design, geometry, and materials of construction of the components.

Section 50.55a(g)(4)(ii) requires that ISI examination of components and system pressure tests conducted during successive 120-month inspection intervals must comply with the requirements in the latest edition and addenda of Section XI of the ASME Code incorporated by reference in 10 CFR 50.55a(b) 12 months prior to the start of the 120-month interval, subject to the limitations and modifications listed therein. The repair, replacement, and modification of plant components are not explicitly mentioned in10 CFR 50.55a(g)(4) and associated subparagraphs. However, these activities are specifically mentioned in ASME Code,Section XI. The NRC staff maintains that these activities are not separate and distinct but are included under inservice examinations. Therefore, the requirements of 10 CFR 50.55a(g)(4)(iv) are applicable to repair and replacement activities. Section 50.55a(g)(4)(iv) states that inservice examination of components and system pressuretests may meet the requirements set forth in subsequent editions and addenda of the ASME Code provided that they are incorporated by reference in 10 CFR 50.55a(b), subject to the limitations and modifications listed in 10 CFR 50.55a(b), and subject to Commission approval.

Portions of editions or addenda may be used provided that all related requirements of the respective editions or addenda are met. Currently, Section 50.55a(b)(2) incorporates by reference the ASME Code,Section XI, 1970 Edition through the 1976 Winter Addenda, and the 1977 Edition (Division 1) through the 2003 Addenda (Division 1), which includes the 2001 Edition through the 2003 Addenda of the ASME Section XI Code proposed by the licensee.3.0REQUEST TO USE A SUBSEQUENT EDITION AND ADDENDA TO ASME CODESECTION XI FOR REPAIR AND REPLACEMENT ACTIVITIES3.1ASME Code Component(s) AffectedAll Class 1, 2, and 3 components within the ASME Code,Section XI pressure boundary at IP3. Class MC and CC containment liner and concrete within the ASME Code,Section XI boundary at IP3. 3.2Applicable Code RequirementsThe Code of record for Section XI of the ASME Code for IP3 is the 1989 Edition, with noaddenda, for Class 1, 2, and 3 components and 1998 Edition, with no addenda, for Class MC and CC components.3.3Proposed Subsequent Code Edition and RequirementsThe licensee proposes to use the 2001 Edition through the 2003 Addenda of the ASME Code,Section XI for repair and replacement activities in IWA-4000. This ASME Code edition is approved for use pursuant to 10 CFR 50.55a(b)(2). The use of the 2001 Edition through the 2003 Addenda will allow the licensee to use the same rules for both IP2 and IP3.3.4Related Requirements 10 CFR 50.55a(b)(2) states:As used in this section, references to Section XI of the ASME Boiler and Pressure Vessel Code refer to Section XI, and include the 1970 Edition through the 1976 Winter Addenda, and the 1977 Edition (Division 1) through the 2003 Addenda (Division 1),

subject to the following limitations and modifications.The limitations, conditions or modifications affecting the use of IWA-4000 of the 2001 Edition,through the 2003 Addenda of Section XI are as follows: 10 CFR 50.55a(b)(2)(xii) Underwater Welding. The provisions of IWA-4660, "UnderwaterWelding," are not approved for use on irradiated material. 10 CFR 50.55a(b)(2)(xiii) Mechanical Clamping Devices. Licensees may use the provisions ofCode Case N-523-1, "Mechanical Clamping Devices for Class 2 and 3 Piping." Licensee choosing to apply Code Case N-523-1 shall apply all of its provisions.10 CFR 50.55a(b)(2)(xix) Substitution of alternative methods. The provisions in IWA-4520(c)allowing the substitution of alternative examination methods, a combination of methods, or newly developed techniques for the methods in the Construction Code are not approved for use. 10 CFR 50.55a(b)(2)(xxiii) Evaluation of Thermally Cut Surfaces. The use of the provisions foreliminating mechanical processing of thermally cut surfaces in IWA-4461.4.2 are prohibited.10 CFR 50.55a(b)(2)(xxv) Mitigation of Defects By Modification. The use of the provisions inIWA-4340, "Mitigation of Defects by Modification," are prohibited.10 CFR 50.55a(b)(2)(xxvi) Pressure Testing Class 1, 2, and 3 Mechanical Joints. The repairand replacement activity provisions in IWA-4540(c) of the 1998 Edition of Section XI for pressure testing Class 1, 2, and 3 mechanical joints must be applied. 4.0STAFF EVALUATIONThe NRC staff evaluated the licensee's request to use criteria contained in10 CFR 50.55a(g)(4)(iv), which states that inservice examination of components and system pressure tests may meet the requirements set forth in subsequent editions and addenda of the ASME Code provided certain criteria are satisfied.The first criterion is that the proposed edition and addenda is incorporated by reference in10 CFR 50.55a(b). Currently, Section 50.55a(b)(2) incorporates by reference the ASME Code,Section XI, 1970 Edition through the 1976 Winter Addenda, and the 1977 Edition (Division 1) through the 2003 Addenda (Division 1), which includes the 2001 Edition through the 2003 Addenda of the ASME Section XI Code proposed by the licensee. Therefore, the NRC staff finds that the first criterion has been satisfied.The second criterion is that the limitations and modifications listed in 10 CFR 50.55a(b) aresatisfied for the specific use of the proposed subsequent ASME Code edition and addenda.

The licensee has satisfactorily identified the restrictions on the use of ASME Code,Section XI, 2001 Edition through 2003 Addenda specified in 10 CFR 50.55a(b) in its submittal of October 20, 2006. Therefore, the NRC staff finds that the second criterion has been satisfied.The third criterion is that if portions of subsequent Code editions or addenda are used, allrelated requirements of the respective editions or addenda must be met. The NRC staff is satisfied that the licensee has listed all related requirements in the 2001 Edition through the 2003 Addenda of the ASME Code,Section XI that are relevant to repair and replacement activities. Therefore, the NRC staff finds that the third criterion has been satisfied. Based on the above, the NRC staff finds that the criteria of 10 CFR 50.55a(g)(4)(iv) aresatisfied and that the licensee

<s request to use the 2001 Edition through the 2003 Addenda of Section XI of the ASME Code for repair and replacement activities in IWA-4000 is acceptable.

5.0CONCLUSION

The NRC staff concludes that the proposed request to use the 2001 Edition through the 2003Addenda of Section XI to the ASME Code, for repair and replacement activities in IWA-4000, addresses all related requirements and associated modifications and limitations in 10 CFR 50.55a(b). Therefore, pursuant to 10 CFR 50.55a(g)(4)(iv), the NRC staff approves the use of the 2001 Edition through the 2003 Addenda of Section XI of the ASME Code for repair and replacement activities in IWA-4000 as modified by 10 CFR 50.55a for the remainder of the third 10-year ISI interval at IP3. All other requirements of the ASME Code,Section XI, for which relief has not been specifically requested and approved remain applicable, including third party review by the Authorized Nuclear Inservice Inspector.Principal Contributor: K. Hoffman Date: April 24, 2007