00-725. Bob Christie; Receipt of Petition for Rulemaking  

  • [Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
    [Proposed Rules]
    [Pages 1829-1830]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 00-725]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Part 50
    
    [Docket No. PRM-50-68]
    
    
    Bob Christie; Receipt of Petition for Rulemaking
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Petition for rulemaking; notice of receipt.
    
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    SUMMARY: The Nuclear Regulatory Commission has received and requests 
    public comment on a petition for rulemaking filed by Mr. Bob Christie, 
    Performance Technology, Knoxville, Tennessee. The petition was docketed 
    on November 15, 1999, and has been assigned Docket No. PRM-50-68. The 
    petitioner requests that the NRC amend its regulations concerning 
    hydrogen control systems at nuclear power plants. The petitioner 
    believes that the current regulations on hydrogen control systems at 
    some nuclear power plants are detrimental and present a health risk to 
    the public. The petitioner believes that similar detrimental situations 
    may apply to other systems as well (such as the requirement for a 10-
    second diesel start time). The petitioner believes the proposed 
    amendments would eliminate those situations that present adverse 
    conditions at nuclear power plants.
    
    DATES: Submit comments by March 27, 2000. Comments received after this 
    date will be considered if it is practical to do so, but the Commission 
    is able to assure consideration only for comments received on or before 
    this date.
    
    ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
    Adjudications Staff.
        Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, 
    between 7:30 a.m. and 4:15 p.m. on Federal workdays.
        For a copy of the petition, write to David L. Meyer, Chief, Rules 
    and Directives Branch, Division of Administrative Services, Office of 
    Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555-0001.
        You may also provide comments via the NRC's interactive rulemaking 
    website at http://ruleforum.llnl.gov. This site provides the capability 
    to upload comments as files (any format), if your web browser supports 
    that function. For information about the interactive rulemaking 
    website, contact Ms. Carol Gallagher, (301) 415-5905 (e-
    mail:cag@nrc.gov).
        The petition and copies of comments are also available 
    electronically at the NRC's Public Electronic Reading Room on the 
    Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From this site, 
    the public can gain entry into the NRC's Agencywide Document Access and 
    Management System (ADAMS), which provides text and image files of NRC's 
    public documents.
        The petition and copies of comments received may be inspected and 
    copied for a fee at the NRC Public Document Room, 2120 L Street, NW. 
    (Lower Level), Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: David L. Meyer, Chief, Rules and 
    Directives Branch, Division of Administrative Services, Office of 
    Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555-0001, Telephone: 301-415-7162 or Toll Free: 1-800-368-5642 or 
    email: DLM1@nrc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Grounds for Petition
    
        The petitioner performed a detailed review of the San Onofre Task 
    Zero Safety Evaluation Report (Pilot Program for Risk-Informed 
    Performance-Based Regulation) conducted by the NRC staff and dated 
    September 3, 1998, concerning that plant's hydrogen control system. The 
    petitioner is convinced that action by the Commission is necessary to 
    remedy possible adverse conditions at nuclear power plants.
    
    Background
    
        The petitioner includes three topics of discussion in support of 
    the proposed amendments:
    
    A. Public Health Risk From Nuclear Electric Power Units
    
        The petitioner states that since the publication of the Reactor 
    Safety Study (WASH-1400) in 1975, there has been a growing agreement 
    between the practitioners of probabilistic risk assessment and 
    licensing personnel (both at the NRC and within the industry) that 
    there is a greater risk to public health from the release of fission 
    products from the reactor core during a severe accident at a nuclear 
    power plant, than from a design-basis accident. The petitioner asserts 
    that the NRC staff has formally recognized this position. The 
    petitioner sets out the following excerpts from the San Onofre Task 
    Zero Safety Evaluation Report in support of his assertion.
        1. ``Subsequent risk studies have shown that the majority of risk 
    to the public is from accident sequences that lead to containment 
    failure or bypass, and that the contribution to risk from accident 
    sequences involving hydrogen combustion is quite small.''
        2. ``As mentioned in the previous section, the risk associated with 
    hydrogen combustion is not from design-basis accidents but from severe 
    accidents.''
        3. ``The overall public risk and radiological consequences from 
    reactor accidents is dominated by the more severe core damage accidents 
    that involved containment failure or bypass.''
    
    [[Page 1830]]
    
    B. Consideration of Design-Basis Accidents
    
        The petitioner also states that since the publication of the 
    Reactor Safety Study (WASH-1400) in 1975, there has been growing 
    agreement between practitioners of probabilistic risk assessment and 
    licensing personnel that compliance with some design-basis accident 
    requirements can be detrimental to public health. The petitioner 
    asserts that the NRC staff has formally recognized this position. The 
    petitioner sets out the following excerpts from the San Onofre Task 
    Zero Safety Evaluation Report in support of his assertion.
        1. ``Although the recombiners are effective in maintaining the 
    Regulatory Guide 1.7 hydrogen concentration below the lower 
    flammability limit of 4 volume percent, they are overwhelmed by the 
    larger quantities of hydrogen associated with severe accidents which 
    are typically released over a much shorter time period (e.g., 2 
    hours).''
        2. ``From this information, the NRC staff concludes that the 
    quantity of hydrogen, prescribed by 10 CFR 50.44(d) and Regulatory 
    Guide 1.7, which necessitates the need for hydrogen recombiners and its 
    backup, the hydrogen purge system is bounded by the hydrogen generated 
    during a severe accident. The NRC staff finds that the relative 
    importance of hydrogen combustion for large, dry containments with 
    respect to containment failure to be quite low. This finding supports 
    the argument that the hydrogen recombiners are insignificant from a 
    containment integrity perspective.''
        3. ``In a postulated Loss of Coolant Accident, the San Onofre 
    Nuclear Generating Station Units 2 and 3 Emergency Operating 
    Instructions direct the control room operators to monitor and control 
    the hydrogen concentration inside the containment after they have 
    carried out the steps to maintain and control the higher priority 
    critical safety functions. The key operator actions in controlling the 
    hydrogen concentration are to place the hydrogen recombiners or 
    hydrogen purge system in operation which involves many procedural 
    steps. These hydrogen control activities could distract operators from 
    more important tasks in the early phases of accident mitigation and 
    could have a negative impact on the higher priority critical operator 
    actions.''
    
    C. Recommended Policy Statement on ``Design-Basis Accident Requirements 
    Versus Severe Accident Information''
    
        The petitioner states that according to the San Onofre Safety 
    Evaluation Report, the NRC granted an exemption to San Onofre from the 
    design-basis accident requirements from the hydrogen control system on 
    the basis of information obtained in the analysis of severe accidents. 
    According to the petitioner, NRC staff's evaluation also indicated that 
    adherence to the requirements of design-basis accidents could have a 
    detrimental effect on public health. The petitioner asserts that it is 
    likely that similar situations exist with respect to the hydrogen 
    control systems at other nuclear units, and also for other systems at 
    San Onofre and other nuclear units. The petitioner believes that the 
    Commission should issue an interim policy statement concerning 
    requirements for design-basis accidents. The petitioner believes that 
    the interim policy statement would clarify the role of the NRC staff to 
    ensure that matters that present a risk to public health are given 
    appropriate high-level attention. The petitioner recommends the 
    following ``strawman'' statement.
    
        All situations where there is an indication that adherence to 
    design basis requirements would be detrimental to public health must 
    be brought to the immediate attention of the Executive Director for 
    Operations of the Nuclear Regulatory Commission. The Executive 
    Director for Operations will make a decision on whether an exemption 
    to the design basis requirements should be granted on an expedited 
    basis.
    
        The petitioner believes that the NRC would want all individuals who 
    may be aware of a situation where adherence to design-basis 
    requirements could be adverse to public health, to bring the situation 
    to the attention of the NRC staff without fear of recrimination and 
    regardless of the present licensing basis for each nuclear unit. The 
    petitioner states that, in the present culture of licensing at nuclear 
    electric power units, there are few individuals (at the NRC or within 
    the industry) who would suggest that adherence to design-basis accident 
    requirements can be detrimental to safety. The petitioner believes that 
    this culture must change and ``change with NRC blessings.''
        The petitioner states that he recommends an interim policy 
    statement because the NRC, nuclear industry, and the public are in the 
    process of changing the NRC regulations to eliminate situations where 
    adherence to the regulations could present a risk to public health.
        The petitioner believes that the current regulations concerning 
    combustible gas control systems have serious flaws and proposes that 10 
    CFR 50.44 be revised to read as follows:
    
    Section 50.44  Standards for Combustible Gas Control System in Light-
    Water Cooled Power Reactors
    
        (a) An inerted reactor containment atmosphere shall be provided 
    for each boiling light-water nuclear power reactor with a Mark I or 
    Mark II type containment.
        (b) Each licensee with a boiling light-water nuclear power 
    reactor with a Mark III type of containment and each licensee with 
    an ice condenser type of containment shall provide its nuclear power 
    reactor containment with a hydrogen control system. The hydrogen 
    control system must be capable of handling (based on realistic 
    calculations) the hydrogen equivalent to that generated from a 
    metal-water reaction involving 75 percent of the fuel cladding 
    surrounding the active fuel region (excluding the cladding 
    surrounding the plenum volume).
        (c) All light-water reactors with other types of containment 
    than those in paragraphs (a) or (b) of this section, must 
    demonstrate that the reactor containment (based on realistic 
    calculations) can withstand, without any hydrogen control system, a 
    hydrogen burn for accidents with a high probability of causing 
    severe reactor core damage. If such an evaluation of reactor 
    containment capability can not be demonstrated, then the licensee 
    shall provide a hydrogen control system per the backfit process. 
    This hydrogen control system must be capable of handling (based on 
    realistic calculations) the hydrogen equivalent to that generated 
    from a metal-water reaction involving 75 percent of the fuel 
    cladding surrounding the active fuel region (excluding the cladding 
    surrounding the plenum volume).
        (d) Each light-water nuclear power reactor shall be provided 
    with high point vents for the reactor coolant system, for the 
    reactor vessel head, and for other systems required to maintain 
    adequate reactor core cooling if the generation of noncondensible 
    gases in these systems would realistically lead to severe reactor 
    core damage during an accident. High point vents are not required, 
    however, for the tubes in U-tube steam generators.
    
        The petitioner proposes that 10 CFR Part 50, Appendix A--General 
    Design Criteria 41 be revised to read as follows:
    
    Appendix A--General Design Criteria 41--Containment Atmosphere Cleanup
    
        As necessary, systems to control fission products, hydrogen, 
    oxygen, and other substances which may be released into the reactor 
    containment shall be provided, consistent with the functioning of 
    other associated systems, to assure that reactor containment 
    integrity is maintained for accidents where there is a high 
    probability that fission products may be present in the reactor 
    containment.
    
        Dated at Rockville, Maryland, this 6th date of January, 2000.
    
        For the Nuclear Regulatory Commission.
    Annette L. Vietti-Cook,
    Secretary of the Commission.
    [FR Doc. 00-725 Filed 1-11-00; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
01/12/2000
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Petition for rulemaking; notice of receipt.
Document Number:
00-725
Dates:
Submit comments by March 27, 2000. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
Pages:
1829-1830 (2 pages)
Docket Numbers:
Docket No. PRM-50-68
PDF File:
00-725.pdf
CFR: (1)
10 CFR 50