[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 419-420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-147]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341]
Detroit Edison Co., (Fermi 2); Exemption
I
Detroit Edison Company (the licensee) is the holder of Facility
Operating License No. NPF-43, which authorizes operation of the Enrico
Fermi Atomic Power Plant, unit 2 (the facility). The facility is a
boiling water reactor located at the licensee's site in Monroe County,
Michigan. This license provides, among other things, that the facility
is subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (the Commission) now or hereafter in effect.
II
By letter dated September 1, 1995, the licensee requested, pursuant
to 10 CFR 50.12(a), a one-time schedular exemption for Fermi, unit 2,
from the local leak rate test intervals for types B and C leak rate
tests required by 10 CFR part 50, appendix J, sections III.D.2(a) and
III.D.3. types B and C tests are associated with leakage testing of
bellows, manway gasket seals, flanges, and containment isolation
valves. The purpose of the tests is to assure that leakage through
primary reactor containment does not exceed allowable leakage rate
values as specified in the Technical Specifications and that periodic
surveillance is performed. Sections III.D.2(a) and III.D.3 require, in
part, that types B and C tests be performed at intervals no greater
than 2 years. The licensee has proposed a one-time exemption to allow a
25-percent extension to the 2-year testing interval.
The exemption is requested to support a revised outage schedule and
to avoid the potential for a forced reactor shutdown. If a forced
outage is imposed to perform testing, it would present undue hardship
and cost in the form of increased radiological exposure. Furthermore,
if a forced outage is imposed to perform the required testing, an
additional plant shutdown and startup will be required.
III
Due to a lengthy turbine outage and power ascension program, the
licensee has deferred the 1996 refueling outage from March 1996 until
September 1996. This will permit targeted fuel burnup to be met so that
cycle 6 operation can be conducted as planned. However, the 2-year
interval for performing types B and C tests expires in April 1996.
Since these tests cannot be performed when the plant is at power,
performance of these tests to meet the 2-year interval would
necessitate a plant shutdown. Therefore, Detroit Edison has proposed a
one-time exemption to allow a 25-percent extension to the testing
interval. This will allow for a maximum types B and C test interval of
30 months and will permit continued plant operation until the September
27, 1996, outage date.
The proposed exemption would add a one-time only 6-month extension
to the appendix J test intervals for types B and C testing. As stated
in 10 CFR part 50, appendix J, the purpose of the primary containment
leak rate testing requirements is to ensure that leakage rates are
maintained within the Technical Specification requirements and to
assure that proper maintenance and repair is performed throughout the
service life of the containment boundary components. The requested
exemption is consistent with the intent of 10 CFR 50.12(a), in that it
represents a one-time only schedular extension of short duration. The
required leak tests will still be performed to assess compliance with
Technical Specification requirements, albeit later, and to assure that
any required maintenance or repair is performed. As noted in section
III.D.2(a) of appendix J, it was intended that the testing be performed
during refueling outages or other convenient intervals. Extending the
appendix J intervals by a small amount to reach the next refueling
outage will not significantly impact the integrity of the containment
boundary, and therefore, will not significantly impact the consequences
of an accident or transient in the unlikely event of such an occurrence
during the 6-month extended period.
Past Unit 2 local leak rate test data have, in general,
demonstrated good leak rate test results. A combined Type B and C
leakage rate was established by the licensee at the conclusion of the
last refueling outage and a running total leakage is maintained during
each operating cycle. This running total leakage rate is 73.81 standard
cubic feet per hour, which is 41.5 percent of the limit of 0.6 La.
Based on this margin, it is clear that extending the test interval a
maximum of 6 months will not affect the overall integrity of the
containment.
On September 12, 1995, shortly after the licensee's submittal, the
Commission approved amendments to 10 CFR Part 50, Appendix J, to adopt
performance-oriented and risk based approaches to containment leakage
testing. The new rule allows licensees the option of continuing to
comply with the previous Appendix J or to adopt the new performance-
based standards. The new rule allows for extending the test intervals
for up to 5 years for Type C tests and 10 years for Type B tests.
Industry guideline NEI 94-01 provides a methodology for establishing
test frequencies based on performance. An interval of 30 months is
initially established (except for air locks), with provisions to
increase the test intervals based on satisfactory performance.
Additionally, an extension of up to 25-percent of the test interval
(not to exceed 12 months) is allowed for scheduling purposes only.
Thus, the licensee's proposal to extend the interval for Type B and C
tests to a maximum of 30 months is within the most limiting test
interval that is permitted by the new rule, i.e., 30 months plus 25-
percent extension for scheduling.
As indicated, the revised Appendix J was not available when the
licensee was preparing this exemption request. The option involving
performance-oriented and risk-based approaches is strictly voluntary
and the licensee is under no obligation to adopt it. Adoption of the
new rule would require revisions to the technical specifications,
additional training, a number of planning and scheduling changes, and a
considerable amount of procedural modifications that are inconsistent
with the time remaining before the April 1996 end date for the 2-year
interval for Type B and C tests.
IV
Based on the above, the staff concludes that the licensee's
proposed extension of the test intervals for test components identified
in its submittal is acceptable. This is a one-time exemption from the
Type B and C test interval requirements as prescribed in Appendix J,
and is intended to be in effect until the tests are performed during
the fall 1996 refueling outage. This approval is based on the
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assumption that all other tests will be conducted in accordance with
the requirements of Appendix J.
The Commission's regulations at 10 CFR 50.12 provide that special
circumstances must be present in order for an exemption from the
regulations to be granted. According to 10 CFR 50.12(a)(2)(ii), special
circumstances are present whenever application of the regulation in the
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the rule.
As discussed above, the intent of Appendix J is to assure that
containment leakage does not exceed technical specifications limits,
and the staff finds that this small interval extension will not
significantly affect that assurance. To require a shutdown solely for
surveillance testing is not necessary to achieve the underlying purpose
of the rule.
Accordingly, the Commission has determined, pursuant to 10 CFR
50.12, that this exemption is authorized by law and will not present an
undue risk to the public health and safety, and is consistent with the
common defense and security. The Commission further determines that
special circumstances as provided in 10 CFR 50.12(a)(2)(ii) are present
in that application of the regulation in these particular circumstances
is not necessary to achieve the underlying purpose of the rule.
Therefore, the Commission hereby grants the exemption from 10 CFR Part
50, Appendix J, Sections III.D.2(a) and III.D.3 to the extent that the
Appendix J test interval for performing Type B and Type C tests may be
extended by 25 percent until the fall 1996 refueling outage, on a one-
time only basis, for Fermi 2, as described in Section III above.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will have no significant impact on the
quality of the human environment (60 FR 61576).
Dated at Rockville, Maryland this 18th day of December 1995.
For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects--III/IV, Office of Nuclear
Reactor Regulation.
[FR Doc. 96-147 Filed 1-4-96; 8:45 am]
BILLING CODE 7590-01-P
