99-33970. In the Matter of Duke Energy Corporation (Oconee Nuclear Station, Units 1, 2, and 3); Exemption  

  • [Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
    [Notices]
    [Pages 73593-73594]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-33970]
    
    
    
    [[Page 73593]]
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket Nos. 50-269, 50-270, and 50-287]
    
    
    In the Matter of Duke Energy Corporation (Oconee Nuclear Station, 
    Units 1, 2, and 3); Exemption
    
    I
    
        The Duke Energy Corporation (Duke/the licensee) is the holder of 
    Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, that 
    authorize operation of the Oconee Nuclear Station, Units 1, 2, and 3 
    (Oconee), respectively. The licenses provide, among other things, that 
    the facilities are subject to all rules, regulations, and orders of the 
    U.S. Nuclear Regulatory Commission (the Commission) now or hereafter in 
    effect.
        The facilities consist of three pressurized water reactors located 
    on Duke's Oconee site in Seneca, Oconee County, South Carolina.
    
    II
    
        Title 10 of the Code of Federal Regulations (10 CFR) Part 50, 
    Appendix J, contains the following requirements:
        a. Section III.D.2(b)(i) requires that air locks be tested prior to 
    initial fuel loading and at 6-month intervals thereafter at an internal 
    pressure not less than Pa (the calculated peak containment 
    internal pressure related to the design basis accident).
        b. Section III.D.2(b)(ii) requires that air locks opened during 
    periods when containment integrity is not required shall be tested at 
    the end of such periods at Pa.
        c. Section III.D.2(b)(iii) requires that air locks opened during 
    periods when containment integrity is required shall be tested within 3 
    days after being opened. For air locks opened more frequently than once 
    every 3 days, the air lock shall be tested at least once every 3 days 
    during the period of frequent openings. For air lock doors having 
    testable seals, testing the seals fulfills the 3-day test requirement.
    
    III
    
        The proposed action is in accordance with the licensee's 
    application for exemption contained in a submittal dated October 5, 
    1999.
        Whenever the plant is in cold shutdown (Mode 5) or refueling (Mode 
    6), containment integrity is not required. However, if an airlock is 
    opened when in Modes 5 or 6 (which is usually the case), 10 CFR 50, 
    Appendix J, Section III.D.2(b)(ii) requires that an overall air lock 
    leakage test at not less than Pa be performed before plant 
    heatup and startup (i.e., before Mode 4 is entered). The licensee has 
    requested an exemption that would allow this test requirement to be met 
    by performing an air lock door seal leakage test per 10 CFR 50, 
    Appendix J, Section III.D.(b)(iii) during plant startup prior to 
    entering Mode 4 if no maintenance has been performed on the air lock 
    that could affect its sealing capability. If maintenance has been 
    performed that could affect its sealing capability, an overall air lock 
    leakage test per 10 CFR 50, Appendix J, Section III.D.2(b)(ii) would be 
    necessary prior to establishing containment integrity.
        The existing air lock doors are designed so that the air lock 
    pressure test can only be performed after a strongback (structural 
    bracing) has been installed on the inner door, since the pressure used 
    to perform the test is opposite that of accident pressure and would 
    tend to unseat the door. Performing the full air lock test in 
    accordance with the present requirements takes approximately 12 hours, 
    since it requires installation of the strongback, performing the test, 
    and removing the strongback. During the test, access through the air 
    lock is prohibited, which, therefore, requires evacuation of personnel 
    from the containment or the personnel must remain inside the 
    containment during the test until Mode 4 is reached. The licensee has 
    determined that pressurizing the volume between the seals to 60 pounds 
    per square inch gauge pressure after each opening, and prior to 
    establishing containment integrity, provides the necessary surveillance 
    to ensure the sealing capability of the door seals.
        If the periodic 6-month test of 10 CFR 50, Appendix J, Section 
    III.D.(b)(i) and the test required by 10 CFR 50, Appendix J, Section 
    III.D.(b)(iii) are current, no maintenance has been performed on the 
    air lock that could affect its sealing capability, and the air lock is 
    properly sealed as determined by the seal test, there is no reason to 
    expect that the air lock will leak just because it has been opened in 
    Modes 5 or 6. Therefore, there is no impact on plant operation or 
    safety. In addition, due to the design of the air lock, the 6-month 
    test should detect air lock deterioration.
    
    IV
    
        Pursuant to 10 CFR 50.12, the Commission may, upon application by 
    any interested person or upon its own initiative, grant exemptions from 
    the requirements of 10 CFR Part 50, when (1) the exemptions are 
    authorized by law, will not present an undue risk to public health or 
    safety, and are consistent with the common defense and security; and 
    (2) when special circumstances are present. This is also consistent 
    with the determination that the staff has reached for other licensees 
    under similar conditions based on the same considerations.
        Accordingly, the staff concludes that the licensee's proposed 
    approach of substituting the 3-day seal leakage test requirements of 10 
    CFR 50, Appendix J, Section III.D.(b)(iii) for the full pressure test 
    of 10 CFR 50, Appendix J, Section III.D.(b)(ii) is acceptable when no 
    maintenance that could affect the sealing capability has been performed 
    on the air lock. Whenever maintenance that could affect the sealing 
    capability has been performed on the air lock, the full pressure test 
    requirements of 10 CFR 50, Appendix J, Section III.D.(b)(ii) must still 
    be met.
        Therefore, the staff concludes that requesting the exemption under 
    the special circumstances of 10 CFR 50.12(a)(2)(ii) is appropriate and 
    that application of the regulation is not necessary to serve the 
    underlying purpose of the rule. The underlying purpose of the rule is 
    to ensure that: (a) leakage through the primary containment, and 
    systems and components penetrating the primary containment, does not 
    exceed the allowable leakage rate values specified in the Technical 
    Specifications or associated Bases; and (b) periodic surveillance of 
    containment penetrations and isolation valves, and systems and 
    components penetrating the containment, is performed so that proper 
    maintenance and repairs are made during the service life of the 
    containment.
    
    V
    
        Accordingly, the Commission has determined that, pursuant to 10 CFR 
    50.12(a), the exemption is authorized by law, will not endanger life or 
    property or common defense and security, and is, otherwise, in the 
    public interest. Therefore, the Commission hereby grants Duke an 
    exemption from the requirements of 10 CFR Part 50, Appendix J, Section 
    III.D.2(b)(ii) for containment air lock tests as described above, for 
    the Oconee Nuclear Station, Units 1, 2, and 3.
        Pursuant to 10 CFR 51.32, the Commission has determined that the 
    granting of this exemption will not result in any significant effect on 
    the quality of the human environment (64 FR 70072).
        This exemption is effective upon issuance.
    
        Dated at Rockville, Maryland, this 23rd day of December 1999.
    
    
    [[Page 73594]]
    
    
        For the Nuclear Regulatory Commission.
    John A. Zwolinski,
    Director, Division of Licensing Project Management, Office of Nuclear 
    Reactor Regulation.
    [FR Doc. 99-33970 Filed 12-29-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
12/30/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-33970
Pages:
73593-73594 (2 pages)
Docket Numbers:
Docket Nos. 50-269, 50-270, and 50-287
PDF File:
99-33970.pdf