L-2019-142, NextEra Energy Duane Arnold, Llc'S Request for Rescission of Commission Order EA-13-109, Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions.

NextEra Energy Duane Arnold, Llc'S Request for Rescission of Commission Order EA-13-109, Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions.

ML19220A089
Person / Time
Site:	Duane Arnold
Issue date:	08/08/2019
From:	Dean Curtland NextEra Energy Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
EA-13-109, L-2019-142, NG-19-0085
Download: ML19220A089 (5)

Text

NEXTeraM ENERGY. DUANE ARNOLD August 8, 2019 NG-19-0085 L-2019-142 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket No. 50-331 Renewed Facility Operating License No. DPR-49 NextEra Energy Duane Arnold. LLC's Request for Rescission of Commission Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions"

References:

1. Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions," dated June 6, 2013(ML13130A067)

2. NextEra Energy Duane Arnold, LLC, "Certification of Permanent Cessation of Power Operations," dated January 18, 2019 (ML19023A196)

On June 6, 2013, the Nuclear Regulatory Commission ("NRC" or "Commission") issued Order EA-13-109 (Reference 1) to Next Era Energy Duane Arnold, LLC (NEDA). A discussion of NEDA's implementation of the Order is included in the Enclosure.

By letter dated January 18, 2019 (Reference 2), NEDA provided formal notification to the NRC pursuant to 10 CFR 50.82(a)(1)(i) and 10 CFR 50.4(b)(8) of the intention to permanently cease power operations at the DAEC in the fourth quarter of 2020 .

The purpose of this letter is to request rescission of Order EA-13-109 upon docketing of the Title 10 Code of Federal Regulations (CFR) 50.82(a)(1) certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel. The enclosure to this letter provides the good cause justification for this request.

This letter contains no new regulatory commitments. If you have any questions regarding this submittal, please contact Michael Davis, Licensing Manager at 319-851-7032.

NextEra Energy Duane Arn old , LLC, 3277 DAEC Road , Palo , IA 523 24

Document Control Desk NG-19-0085 Page 2 of 2 I declare under penalty of perjury that the foregoing is true and correct.

Executed on August _8_, 2019.

Dean Curtland Site Director, Duane Arnold Energy Center NextEra Energy Duane Arnold, LLC Enclosure cc: Director, Office of Nuclear Reactor Regulation USNRC Regional Administrator Region Ill USNRC Project Manager, Duane Arnold Energy Center USNRC Resident Inspector, Duane Arnold Energy Center

Enclosure to NG-19-0085 NextEra Energy Duane Arnold, LLC's Request for Rescission of Commission Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions" 2 pages follow

Enclosure to NG-19-0085 - NextEra Energy Duane Arnold, LLC's Request for Rescission of Commission Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions" 1 Request for Order Rescission NextEra Energy Duane Arnold, LLC (NEDA) hereby submits a request that U.S.

Nuclear Regulatory Commission (NRG) Order EA-13-109, "Order Modifying Licensees with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions," be rescinded for the Duane Arnold Energy Center (DAEC) upon docketing of the Title 10 Code of Federal Regulations (CFR) 50.82(a)(1) certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessel.

2 Background

On June 6, 2013, the NRG issued Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions," (Reference 1) to all licensees that operate boiling-water reactors with Mark I or Mark 11 containment designs. The Order was effective immediately and is applicable to DAEC. The Order required NEDA to install hardened containment venting systems that can be maintained functional during severe accident conditions (i.e., following significant core damage) and included two separate implementation phases. Phase 1 included modifications to wetwell venting systems, while Phase 2 included modifications to drywell venting systems or implementation of a reliable containment strategy that met regulatory approval.

By letter dated December 19, 2018 (Reference 2), NEDA notified the NRG, as required by Item IV. D.4 of Order EA-13-109, that full compliance with the requirements of the Order, for Phases 1 and 2, had been achieved for the DAEC.

By letter dated January 18, 2019 (Reference 3), NEDA provided formal notification to the NRG pursuant to 10 CFR 50.82(a)(1)(i) and 10 CFR 50.4(b)(8) of the intention to permanently cease power operations at the DAEC in the fourth quarter of 2020.

Consequently, NEDA requests the requirements of NRG Order EA-13-109 be rescinded for DAEC upon docketing of the 10 CFR 50.82(a)(1) certifications for permanent cessation of operation and permanent removal of fuel from the reactor vessel.

Order EA-13-109, Section IV.D., states that "the Director, Office of Nuclear Reactor Regulation may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause."

3 Basis for Rescission Request Upon docketing of the 10 CFR 50.82(a)(1) certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR Part 50 license will no longer authorize operation of the reactor or emplacement or retention of fuel into the reactor vessel.

1

Enclosure to NG-19-0085 - NextEra Energy Duane Arnold, LLC's Request for Rescission of Commission Order EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions" With permanent removal of fuel from the reactor vessel, the function of primary containment will cease. Primary containment has no design function regarding protection of the fuel in the Spent Fuel Pool (SFP), or mitigation of SFP accident scenarios. Therefore, implementation of the requirements in Order EA-13-109 will no longer have any nexus to reasonable assurance of adequate protection of the public health and safety.

The proposed request is similar to those approved by the NRC for the permanently shut down and defueled Vermont Yankee Nuclear Power Station (ML14055A323),

Oyster Creek Nuclear Generating Station (ML18176A068), and Pilgrim Nuclear Power Station (ML19094A533).

4 Conclusion Based on the above, the Director, Office of Nuclear Reactor Regulation is requested to rescind Order EA-13-109 for DAEC upon docketing of the 10 CFR 50.82(a)(1) certifications for permanent cessations of operations and permanent removal of fuel from the reactor vessel.

5 References

1. NRC Order Number EA-13-109, "Order Modifying Licenses with Regard to Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions" dated June 6, 2013(ML13130A067).

2. NextEra Energy Duane Arnold, LLC, "Completion of Required Action for NRC Order Number EA-13-109, Reliable Hardened Containment Vents Capable of Operation Under Severe Accident Conditions," dated December 19, 2018 (ML18360A170).

3. NextEra Energy Duane Arnold, LLC, "Certification of Permanent Cessation of Power Operations," dated January 18, 2019(ML19023A196).

2