ML20211H669

Application for Amend to License DPR-36,eliminating Conditions,No Longer Appropriate in Permanently Defueled Condition

ML20211H669
Person / Time
Site:	Maine Yankee
Issue date:	09/30/1997
From:	Hebert J Maine Yankee
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
JRH-97-203, MN-97-107, NUDOCS 9710070050
Download: ML20211H669 (8)

Text

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MaineVankee MLl4LE ELE @ AlCl1Y SINCE 1972

. 329 DATH ROAD e BRUNSWICK, MAINE 04011 * (P07) 799 4100 September 30,1997 MN 97107 JRil 97-203 l

i UNITED STATES NUCLEAR REGULATORY COMMISSION Attention: Document Control Desk l . Washington,DC 20555 i

Refcrences: (a) License No. DPR 36 (Docket No. 50 309) ~

(b) Letter: M. B. Sellman to USNRC; Certifications of Permanent Cessation of Power Operation and Permanent Removal of Fuel from the Reactor; MN-97-89, dated August 7,1997 (c) Maine Board of Environmental Protection (MBEP) Finding of Fact and Order 4 establishing a mixing zone (8/23/72)

(d) NRC letter to Maine Yankee Atomic Power Company (MYAPC) of 9/15/72:

Original Facility Operating License No. DPR 36 (9/15/72)

(e) NRC letter to MYAPC of 2/22/74: Amendment No. 2 to Reference (a)

(f) ' MBEP I indings and Order application for Modified Mixing Zone and Renewed and Amended Wastewater Discharge License (7/30/75)

(g) Maine Department of Environmental Protection (MDEP) Waste Discharge License No 746( 7/30/75)

(h) US Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) Pennit No, ME 0002569 (8/l8/75)

(i) Letter: M. J. Meisner to USNRC; Proposed Technical Specification Change No.

2% - Facility Staffmg and Training; MN-97-96, dated August 15,1997.

(j) Letter: M. J. Meisner to USNRC; Request for Exemption from Certain i Requirements of10CFR$0.54, Conditions of License; MN 97 97, dated August i g

15,1997, i

Subject:

Request for Modification of Certain License Conditions Gentlemen:

In Reference (b), Maine Yankee informed the USNRC that the Board of Directors of Maine Yankee

- had decided to pennanently cease operations at th' c Maine Yankee Plant and that the fuel had been permanently removed from the reactor. In accordance with 10CFR50.82(a)(2), the certifications in the letter modified the Maine Yankee license to permanently withdraw Maine Yankee's authority to operate the reactor and to place fuel in the reactor vessel.

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,- MaineYankee UNITED STATES NUCLEAR REGULATORY COMMISSION MN 97107 Atte'ntion: Document Control Desk Page Two Maine Yankee has determined that many of the conditions ofits operating license are no longer rppmpriate in the pennanently defueled condition and is requesting an amendment to its license to w liminate these conditions in accordance with 10CFR50.90. Maine Yankee has determined that this triuest does not involve a significant hazards consideration as defined by 10CFR50.92.

Ver; truly yours, M.% <

ames R. Hebert, Manager Regulatory Affairs Department

-JRH/mwf '

Enclosure c: ' Mr. Hubert Miller Mr. Richard A. Rasmussen Mr. Daniel H. Dorman Mr. Patrick J.- Dostic .

Mr. Uldis Vanags

Mr. Singh S. Bajwa-i 4

ATTACilhiENT 1 REQUEST FOR ELlhilNATION OF LICENSE CONDITIONS AND ORDERS NOT APPLICABLE TO A PERhiANENTLY DEFUELED REACTOR I. REQUEST FOR LICENSE hiODIFICATION hiaine Yankee hereby requests, in accordance with 10CFR50.90, that the following provisions of hiaine Yankee's license be modified.

1. License Condition 2.B.6.c, dated April 5,1996. Amendment 156 to the Technical Specifications established a license condition which required the implementation of a Fire Protection Program as described in the FSAR and specified NRC SER's, and allowed changes to the program without prior NRC approval only if the changes did not adversely affect the ability to achieve and maintain safe shutdown. Since hiaine Yankee is in a permanent safe shutdown condition regardless of changes made in the Fire Protection Program, this is no longer an appropriate test for the acceptability of Fire Protection Program changes. This provision regarding changes to the fire protection program also conflicts with 10CFR50.48(f)(3) which allows changes to a fire protection program for licensees that have submitted the certifications required under 10CFR82(a)(1) without NRC approval provided the changes do not reduce the effectiveness of fire protection for facilities, systems, and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities. Therefore the license condition provision alTecting fire program modifications should be deleted.

2. License Condition 2.B 6.e, dated February 6,1981. Amendment 52 added a license condition requiring the implementation of a program to reduce leakage from systems outside containment that would or could contain highly radioactive fluids during a serious transient or accident to as low as practical levels. This condition should be deleted as it is no longer applieble to the permanently defueled plant condition.

3. License Condition 2.B 6.f, dated February 6,1981. Amendment 52 added a license condition requiring the implementation of a program to ensure the capability to accurately determine the airbome iodine concentration in vital areas under accident conditions. This condition should be deleted as it is no longer applicable to the permanently defueled plant condition.

4. License Condition 2.B.6.g, dated February 27,1981. Amendment 53 added a license condition requiring the Jicensee to maintain a secondary water chemistry monitoring program to inhibit steam generator tube degradation. This condition is not applicable to the permanently defueled plant ccndition and should be deleted.

5. License Condition 2.B.7(a), dated September 15,1972. The original operating license contained a condition requiring an environmental monitoring program to assess the impact ofcooling water discharge. This condition is no longer applicable and should be deleted.

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6. License Condition 2.B.7(b), dated June 29,1973. This condition requires adherence to the i thermtl mixing zone crPeria established by the Maine Department of Environmental Protection (MDEP) order dated August 23,1972, as amended. This condition is not applicable to the perman

ntly defueled plant condition and should be deleted.

= ~. Orders data May 23,1980, August 29,1980 and September 19,1980. These orders required the qtmlificatior. cf safety related electrical equipment in accordance with I&E Bulletin 79-01 B

[ and NUREG-058S ( or DOR guidelines). The requirements in these orders were superseded by the EQ IUle,10 CFR50.49 and should be deleted.

8. Licensc Condition B(6), dated November 13,1975. This license condition was added by 3~ huendment 14 to the Operating License. This license condition. in part, incorporates by h

reference 10 CFR 50.54. This license condition should be modified to reflect specific ~4 exemptions to portions of 10 CFR 50.54 which were requested in Reference (j).

II. BACKGROUND Many of the NRC's regulations and most of the provisions of the Mrine Yankee Operaiing License and Technical Specifications were established to ensure the protection of public health and safety during plant operation. On August 7,1997, Maine Yankee certified to the NRC that operation of the Maine Yankee plant had permanently ceased and that the fuel had been permanently removed from the reactor. In accordance w;th 10CFR 50.82(a)C), these certifications modified the Maine Yankee license such that operation of the reactoi and piacement of fuel into the reactor vessel are no longer permitted. It is important that as Maine Yankee proceeds with the decommissioning of (

the plant that a clear regulatory framework be established. Those requirements which are not relevant to the permanently defueled plant cudition should be eliminated to allow the staff to Tocus on those provisions which are still appropriate. The NRC recognized this in their decommissioning regulations which became effective on August 26,1996, and eliminated many regulations which were not appropriate for plants in the perimmently defueled condition. Maine Yanisce is seeking exemption to other regulations which it believe. are not appropriate for the current plant condition.

muy of the provisions of the Mame Yankee license are also not appropriate for the permanently defueled plant condition. In a letter dated August 15,1997, Maine Yankee submitted a request to modify the technical specifications related to staffing and training. Maine Yankee v?.ll be c submitting, under separate cover, a request for other changes to the technical specifications to make them appropriate for the permanently defueled condition. T1.is request for a license modification v would eliminate those license provisions, other inan technical specifications, which are still active and are not appropriate for the pemianently defueled conditicn. These provision have been imposed r.s license conditions or as orders for license modificction and are generally related to plant r

operation. These provisions should be eliminated for clarity and, in some cases involving plant equipment, must N eliminated to allow decommissioning to proceed.

Several of the provisions of the Maine Yankee license overlap with other regulator,i requiremet.ts including regulations and technical specifications. Therefore proposed changes to the license that

" would eliminate requirements which duphcate other requirena.mts are also included in this request.

Deletion of o cerlapping requirements wili allow us to focus on those requiiements which remain in

& effect and refine them as required to reflect the current plant conditions.

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III. JUSTIFICATION FOR GRANTING THE REQUEST FOR LICENSE MODIFICATION This amendment request would eliminate those provisions of the Maine Yankee license which are not appropriate for the current plant condition. Elimination of these inappropriate provisions will allow plant staff to focus on those license provisions which are appropriate in the permanently defueled plant condition and allow decommissioning to proceed.

1. License Condition 2.B.6.c, dated April 5,1996. Amendment 156 to the Technical Specifications established a license condition which, in part, allowed changes to the fire protection program without prior NRC approval only if the changes did not adversely affect the ability to achieve and maintain safe shutdown. Since Maine Yankee is in a permanent safe shutdown condition regardless of changes made in the Fire Protection Program, this is no longer an appropriate test of the acceptability of Fire Protection Program changes. This provision regarding cuanges to the -

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fire protection program also conflicts with 10CFR50.48(f)(3) which allows changes to a fire protection program for licensees that have submitted the certifications required under

] 10CFR82(a)(1) without NRC approval provided the changes do not reduce the effectiveness of fire protection for facilitics, systems, and equipment which could result in a radiological hazard, taking into account the decommissioning plant conditions and activities. Deletion of the lice'se condition provision related to modification of the Fire Protection Program will eliminate the existing conflict between the license and NRC regulations.

2. Liccuse Condition 2.B.6.e, dated February 6,1981. Amendment 52 added a license condition '

i requiring the implementation of a program to reduce leakage from systems outside containment that would or could contain highly radioactive fluids during a serious transient or accident to as low as practical levels. in the permanently defueled plant condition, those FSAR Chapter 14 accidents which would result in highly radioactive fluids in systems outside of containment can not occur. Therefore, this condition should be deleted as it is no longer appropriate in the permanently defueled plant condition.

3. License Condition 2.B.6.f, dated February 6,1981. Amendment 52 added a license condition requiring the implemet tation of a program to ensure the capability to accurately determine the airborne iodine concentration in vital areas under accident conditions. In the permanently defueled f ant condition, the only design basis accident which could result in the release of radioactive sodine is a fuel handling accident, and therefore the likelihood of a large release of radioactive iodine is significantly reduced. With a minimtun decay time of the spent fuel ofover eight months, the potential source term associated with a iel handling accident has been  !

reduced. The continued ability to monitor in plant radioactive .. dine from a postulated fuel handling accident will be retained as long as the potential source term warrants such monitoring abilty. Therefore, this condition should be deleted as it is no longer appropriate in the permanently defueled plant condition.

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, 9 i4.x License Condition 2 ..., B 6 g dated February 27 1981 Amendment 53 added a license condition iroquiring the licensee to maintain a secondary water chemistry monitoring program to inhibit i steam generatoriube degradation. :In the permanently defueled plant condition, secondary

systems ~ and the steam generators will'not be operated. Therefore, this condition is not (appropriate in the permaner.dy defueled plant condition and should be deleted.

5. License Condition 2.P.7(a), dated Ser : ember 15, 1972. The proposed change requests the

- deletion of the following section of the license:

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"(a) If the continuing environmental monitoring program shows that significant and adverse effects are taking place with respect to Montsweag Bay as a result of ,

' Maine Yaekee operation, the licensee will be required to take corrective action

. to alleviate the impact.  %.-

d iActions under consideration include adoption of an altemate cooling water-discharge. Choice of corrective action would depend on the nature of the adverse  ;

I' effect encountered."

LThis section, originally Section 4.B of Reference (d), resulted in studies in the 1968-1972 time frame. The result of the studies was a proposal for a mixing zone before the Maine Board of h Envimnmental Protection (MBEP). The MBEP approved this concept in Reference (c). Section -

4 9 ;2.B(7)(a) should have been renoved from the license as a result of Reference (c). )

6, . icense Condition 2.B.7(b), dated June 20,1973. The proposed change requests the deletion of Di the following section of the license: 1 1

"(b) The licensee will adhere to the mixing zone criteria establided in the August 23 ., l 19.72, order of the Department of Environmental Protection of the State of Maine, or any amendments to that order,"-

. This section was added by Reference (e) which was a result of Reference (c). The mixing zone.

criteria were actually met in 1974 by model basin studies and installation of a multiporti n - circulating and service water discharge diffuser. This condition requires adherence to the' mixing F  ; zone criteria established by the Maine Department et Environmental Protection order dated O August 23,1972, as amended. In the permanently defueled plant condition, the nse of cooling water.will be significantly reduced.- Cooling water will be used primarily for the removal of-I decay heat from spent fuel and the heat load will be a small fraction of the heat load during - -

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. normal operation. Therefore, this condition is not necessary in the permanently defueled plant condition and should be deleted.

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, Further, the Reference (c) mixing zone criteria, as further modified by-Reference'(f), were

_ contained in References (g) and (h). Over the years the mixing zone criteria have been regulated l~ and modified as renewals of References (g) and (h) were obtained. The EPA and 1%I)EP are the appropriate regulatory agencies continuing to ensure that these criteria as modified are met.

Therefore faere is no'need to maintain this condition in the Facility Operating License.

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When Sections 2.B(7)(a) and (b) are removed as requested above, then there is no longer any need for section 2.B.(7) and it may be deleted from the Facilhy Operating License. As a consequence of this change section 2.B.(8) should be renumbered as appropriate to the current licensc amendment format.

7. Orders dated May 23,1980, September 19,1980 and October 24,1980. These orders required the qualification of safety related electrical equipment in accordance with I&E Bulletin 79-01B and NUREG-0588 ( or DOR guidelines). The requirements in these orders were superseded by the '.Q Rule,10 CFR50.49 and should be deleted. The EQ Rule itself was amended to indicate inapplicability to plants which are in the decommissioning process.

8. License Candition B(6), dated November 13,1975. This license condition, in part, incorporates by reference 10 CFR 50.54. An exemption request to selected portions of 10CPR50.54 was + 4 submitted in Reference (j). This license condition should be modified so that the license would not conflict with the exemption when it is approved.

IV. SIGNIFICANT HAZARDS CONSIDERATION The proposed modification to the license has been evaluated against the standards of 10 CFR 50.92 and has been determined to not involve a significant hazards consideration. The proposed modification does not:

1. Involve a significant increase in the probability or consequence of an accident previously evaluated.

The purpose of the proposed change is to eliminate requirements which are not appropriate in the permanently defueled plant condition. Since the plant has pemianently ceased operation and will be maintained in a defueled condition, many provisions of the license related io the operation of the plant are no longer appropriate. Elimination of these unnecessary requirements allows the plant staff to focus on those requirements which continue to be appropriate to the existing plant conditions. The proposed change does not affect those Chapter '4 accidents which are appropriate to the current plant condition: fuel handling accident, spent fuel cask drop, and radioactive liquid waste system leaks and failures, and, therefore, does not involve a significant increase in the probability or consequence of an accident previously evaluated.

2. Create the possibility of a new or different kind of accident from any accident previously eva!uated.

The purpose of the proposed change is to eliminate requirements which are not appmpriate in the permanently defueled plant condition. Since the plant has permanently ceased l operation and will be maintained in a defueled condition, many provisions of the license l

related to the operation of the plant are no longer appropriate. Elimination of these '

unnecessary requirements allows the plant staff to focus on those requirements which continue to be appropriate to the existing plznt conditions. This proposed change does not affect storage of spent fuel and, therefore, does not create the possibility of a new or different accident from any accident previoasly evaluated.

3. Involve a reduction in a margm of safety.

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- The purpose of the proposed change is to eliminate requirements which are not appropriate?

' l in the permanently defueled plant condition, Since the plant has permanently ~ ceased - 1 operation and will be maintained in'a defueled condition, many provisions of the license i related to the operation of the plant are no longer appropriate. Elimination of these -

unnecessary requirements allows the plant staff to focus on those requirements which  ;

continue to be appropriate to the existing plant conditions. This pr, posed change does not affect storage of spent fuel and, thereforel does not involve a reduction in a margin of- ,

safety.

i V. CONCLUSION Maine Yankee has concluded that this request to modify the hcense _will eliminate license provisions which are not appropriate in the permanently defueled plant condition. The requested ; . -y c modifications will not present undue risk to the public health and safety, and are consistent with -

the common defense and security. The requested modificatons do not involve a significant. .

hazards consideration as defined by 10 CFR 50.92.

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