99-10489. GPU Nuclear, Inc. et al. (Three Mile Island Nuclear Generating Station, Unit 1); Exemption  

  • [Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
    [Notices]
    [Pages 22655-22657]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-10489]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-289]
    
    
    GPU Nuclear, Inc. et al. (Three Mile Island Nuclear Generating 
    Station, Unit 1); Exemption
    
    I
    
        GPU Nuclear, Inc., et al. (GPUN or the licensee) is the holder of 
    Facility Operating License No. DPR-50, which authorizes operation of 
    the Three Mile Island Nuclear Generating Station, Unit 1 (TMI-1 or the 
    facility) at power levels not to exceed 2568 megawatts thermal. The 
    facility consists of one pressurized-water reactor located at the 
    licensee's site in Dauphin County, Pennsylvania, and was licensed to 
    operate on April 19, 1974. The license provides, among other things, 
    that the licensee is subject to all rules, regulations, and orders of 
    the Nuclear Regulatory Commission (the Commission) now or hereafter in 
    effect.
    
    II
    
        Appendix R to 10 CFR part 50 contains specific requirements 
    regarding fire protection features of nuclear power plants operating 
    prior to January 1, 1979. Subsection III.G.2.c of Appendix R specifies, 
    in part, the enclosure of cable and equipment and associated non-
    safety-related circuits of one redundant train in a fire barrier having 
    a 1-hour rating. The underlying purpose of Subsection III.G.2.c of 
    Appendix R is to provide reasonable assurance that one safe shutdown 
    train and associated circuits used to achieve and maintain safe 
    shutdown are free of fire damage. By letter dated December 31, 1996, as 
    supplemented by letters dated September 8, 1997, December 30, 1997, May 
    21, 1998, October 14, 1998, November 25, 1998, and December 23, 1998, 
    the licensee requested an exemption from the requirements of section 
    III.G.2.c of Appendix R to the extent that they require the enclosure 
    of one train of redundant safe-shutdown circuits in 1-hour fire-rated 
    barriers. The licensee is requesting this exemption in accordance with 
    the provisions of 10 CFR 50.12.
        The licensee's request encompasses 10 fire zones/areas that have 
    Thermo-Lag installed on electrical raceways for the original purpose of 
    providing a 1-hour rated barrier separating redundant circuits located 
    in the same fire area in accordance with section III.G.2.c of Appendix 
    R. In its December 31, 1996, letter, the licensee provided information 
    indicating that the Thermo-Lag envelopes in the zones/areas for which 
    exemptions are requested, have fire endurance ratings of less than 1 
    hour. The exemption was requested for fire zones/areas AB-FZ-3, AB-FZ-
    4, AB-FZ-5, AB-FZ-7, CB-FA-1, FH-FZ-1, FH-FZ-2, FH-FZ-6, ISPH-FZ-1, and 
    ISPH-FZ-2. In its submittal, the licensee states that modification of 
    the identified fire barriers to achieve a 1-hour fire rating in 
    accordance with American Society for Testing and Materials Standard E-
    119 (ASTM E-119) would cost approximately $1.0 million, which 
    represents a substantial expenditure for minimal safety enhancement.
        The staff holds to a defense-in-depth philosophy when determining 
    adequate fire protection. In areas in which fire barriers are required 
    to be rated at 1 hour, barriers that have actual fire endurance ratings 
    of less than 1 hour are acceptable only if the fire area/zone also has 
    automatic detection and fire suppression systems provided in accordance 
    with applicable National Fire Protection Association (NFPA) standards 
    and when the fire hazard to the Thermo-Lag-protected envelope is 
    minimal. The combination of these features and conditions provides 
    defense in depth.
        The fire areas/zones that are the subject of this exemption request 
    do not currently meet the technical requirements of section III.G.2.c 
    of Appendix R because the Thermo-Lag electrical raceway fire barrier 
    envelopes for the fire zones discussed above are not rated at 1 hour in 
    accordance with the rating requirements of NRC Generic Letter 86-10, 
    Supplement 1. Section III.G.2.c of Appendix R could only be satisfied 
    by protecting each envelope with a 1-hour fire-rated barrier. The fire 
    zones reviewed do not have any Thermo-Lag envelopes rated at 1 hour or 
    more; therefore, the criteria for granting an exemption, for the most 
    part, are based on the availability of automatic detection and 
    suppression systems and the fire hazards present in each fire zone.
    
    III
    
        The staff has completed its evaluation of the licensee's request 
    for an exemption. The licensee has administrative controls in place 
    over transient combustibles and work in the plant in accordance with 10 
    CFR part 50, Appendix R, section III.K, Items 1-8, as documented in an 
    NRC safety evaluation dated June 4, 1984. These controls require total 
    in situ plus allowable transient fire load in a fire area/zone (or 
    cumulative load) to be half of what would challenge the lowest rated 
    barrier in the zone based on equivalent fire severity. These limits are 
    documented in licensee procedures that are referenced in and implement 
    the licensee's Fire Protection Program under License Condition 2.c(4).
        On December 31, 1996, the licensee submitted an evaluation of all 
    Thermo-Lag Fire barriers that are the subject of this exemption request 
    in Topical Report #094, Revision 2, ``TMI 1 Evaluation of Thermo-Lag 
    Fire Barriers,'' dated December 20, 1996. The licensee found that most 
    of the barriers currently have a fire rating of less than 1 hour (when 
    tested in accordance with the ASTM E-119). In each of the areas/zones 
    that have automatic suppression and/or automatic detection features, 
    the systems installed in the plant meet all applicable NFPA codes, 
    specifically the criteria for a Class 1 detection system specified in 
    NFPA 72D and NFPA 13 or NFPA 15 for suppression systems.
        Fire zones AB-FZ-4 and FH-FZ-1 contain both automatic suppression 
    and detection features. Fires in these zones are postulated to be 
    slowly developing cable fires, with possible ignition sources including 
    cable overload or transient combustibles. If a fire were to occur in 
    these fire zones, indication of the fire would be received in the 
    control room, through the ionization smoke detection system, and either 
    the automatic pre-action system (AB-FZ-4) or the wet pipe sprinkler 
    system (FH-FZ-1) would initiate suppression if the fire continued to 
    grow. If necessary, the fire brigade would be dispatched soon 
    thereafter. The licensee estimates that the fire brigade will respond 
    to these fire zones 15 minutes after receiving an alarm. Manual fire 
    fighting equipment (hand-held fire extinguishers and hose stations) is 
    available in or adjacent to these fire zones.
        Fire area CB-FA-1 contains both automatic suppression and detection 
    capability. A fire in this area is postulated to be a slowly developing 
    cable fire, with possible ignition sources being overload or transient 
    combustibles. Exposure of the protected envelope to fire is possible 
    through ignition of cable insulation. There is also an acetylene gas 
    line running above the suspended ceiling from an external tank. The 
    licensee committed in its October 14, 1998, and December 23, 1998, 
    letters to install detectors for
    
    [[Page 22656]]
    
    combustible gas in this area to provide prompt detection and 
    notification of an acetylene leak, so that the leak could be promptly 
    isolated at the source prior to reaching the lower explosive threshold 
    for acetylene gas. If a fire were to occur in this fire area, 
    indication of the fire would be received in the control room, through 
    the ionization smoke detection system which is above the suspended 
    ceiling. An automatic wet-pipe sprinkler system which is below the 
    suspended ceiling would actuate to suppress the fire should it continue 
    to develop. If necessary, the fire brigade would be dispatched soon 
    thereafter, and response has been estimated by the licensee to be 15 
    minutes. A hand-held dry chemical extinguisher is also available 
    adjacent to this fire area.
        Fire zone FH-FZ-6 is provided with automatic detection and will be 
    provided with automatic suppression. The licensee committed to install 
    an automatic wet-pipe sprinkler suppression system in this fire zone in 
    its letter dated December 23, 1998. A fire in this zone is postulated 
    to be a slowly developing cable fire, with possible ignition sources 
    being transient combustibles. If a fire were to occur in this fire 
    zone, indication of the fire would be received in the control room by 
    the ionization smoke detection system or through the actuation of the 
    wet-pipe sprinkler system to be installed. If necessary, the fire 
    brigade would be dispatched soon thereafter, and the licensee estimates 
    a brigade response would occur within 15 minutes. Manual fire 
    suppression capability (hose stations and dry chemical extinguisher) is 
    available in or adjacent to this fire zone.
        Fire zone ISPH-FZ-1 contains both automatic detection and 
    suppression features. A fire in this zone is postulated to be a slowly 
    developing cable fire, with electrical switchgear as a possible 
    ignition source. If a fire were to occur in this zone, indication of 
    the fire would be received in the control room by the ionization smoke 
    detector system. A zone-wide automatic wet-pipe sprinkler system is 
    available to suppress the fire, should it develop, and portable 
    extinguishers (carbon dioxide and dry chemical) are available within 
    the fire zone. The fire brigade would be dispatched, if necessary, and 
    the licensee estimates a brigade response time of 25 minutes. A 
    portable extinguisher and yard hydrant are located outside the fire 
    area and are available to fight fires in this fire zone. Protected 
    envelopes consisting of cables and conduits passing through this fire 
    zone are fire rated at 39 and 50 minutes respectively, and pass within 
    the vicinity of in-situ combustibles in only limited instances.
        Fire zone ISPH-FZ-2 contains both automatic detection and 
    suppression features. A fire in this zone is postulated to be a slowly 
    developing cable fire, with electrical switchgear as a possible 
    ignition source. If a fire were to occur in this zone, indication of 
    the fire would be received in the control room by the ionization smoke 
    detector system. A zone-wide automatic wet-pipe sprinkler system is 
    available to suppress the fire, should it develop, and a portable 
    extinguisher (carbon dioxide) is available within the fire zone. The 
    fire brigade would be dispatched, if necessary, and the licensee 
    estimates a brigade response time of 25 minutes. A portable 
    extinguisher and yard hydrant are located outside the fire area and are 
    available to fight fires in this fire zone. Protected envelopes 
    consisting of cables and conduits passing through this fire zone are 
    fire rated at 39 and 50 minutes, respectively, and pass within the 
    vicinity of in-situ combustibles in only limited instances.
        The staff is relying on the licensee's commitments made in its 
    October 14, 1998, and December 23, 1998, letters for approval of the 
    exemptions for fire area CB-FA-1 and fire zone FH-FZ-6. Therefore, 
    approval of an exemption for that fire area and zone is contingent upon 
    the licensee completing the modifications described in those 
    submittals. The staff believes that reasonable assurance exists that an 
    adequate level of fire safety has been provided through the 
    availability of automatic suppression and detection in these fire 
    zones/areas to ensure that one division of safe-shutdown components 
    necessary to achieve safe shutdown will remain free of fire damage. 
    Therefore, the underlying purpose of the rule is satisfied and this 
    request for exemption with respect to the foregoing fire areas/zones 
    from the requirements of 10 CFR part 50, Appendix R, section III.G.2.c 
    meets the special circumstances delineated in 10 CFR 50.12(a)(2)(ii) in 
    that the application of the regulation in these particular 
    circumstances is not necessary to achieve the underlying purpose of the 
    rule. While the installed Thermo-Lag barriers in the fire zones 
    demonstrate less than a 1-hour fire endurance rating, they do provide 
    measured resistance to fire. The areas in which the Thermo-Lag 
    envelopes are located have a low combustible loading in the area of the 
    protected envelopes, have available manual suppression capability, and 
    are equipped with automatic suppression and detection features; the 
    combination of these features and circumstances reflect a level of 
    safety that meets the underlying purpose of the rule. Therefore, the 
    staff believes that the exemption should be granted for fire zones/
    areas AB-FZ-4, FH-FZ-1, CB-FA-1, FH-FZ-6, ISPH-FZ-1, and ISPH-FZ-2.
        The staff does not believe the same assurance has been provided for 
    fire zones AB-FZ-3, AB-FZ-5, AB-FZ-7, and FH-FZ-2. Fire zones AB-FZ-3, 
    AB-FZ-5, and AB-FZ-7, have automatic detection but not suppression. 
    Fire zone FH-FZ-2 has automatic suppression but not detection.
        The licensee has failed to provide reasonable assurance that one 
    division of safe-shutdown components necessary to achieve safe shutdown 
    will remain free of fire damage in the four zones immediately discussed 
    above. Accordingly, as discussed above and in the staff's Safety 
    Evaluation dated April 20, 1999, the staff has concluded that the 
    licensee's request for an exemption from the technical requirements of 
    section III.G.2.c of Appendix R should be denied for fire zones AB-FZ-
    3, AB-FZ-5, AB-FZ-7, and FH-FZ-2.
    
    IV
    
        Pursuant to 10 CFR 50.12(a)(2), the Commission will not consider 
    granting an exemption from the requirements of a regulation unless 
    special circumstances are present. Subsection (ii) of 10 CFR 
    50.12(a)(2) includes as special circumstances situations where 
    application of the subject regulation would not serve the underlying 
    purpose of the rule or is not necessary to achieve the underlying 
    purpose of the rule.
        The underlying purpose of section III.G of Appendix R is to provide 
    reasonable assurance that one safe shutdown train and associated 
    circuits used to achieve and maintain safe shutdown are free of fire 
    damage. As stated above, the staff has determined that the underlying 
    purpose of the rule has been satisfied with respect to fire zones AB-
    FZ-4, FH-FZ-1, CB-FA-1, FH-FZ-6, ISPH-FZ-1 and ISPH-F2-2. Accordingly, 
    the Commission has determined that, pursuant to 10 CFR 50.12(a)(2)(ii) 
    special circumstances are present in connection with these fire zone/
    areas.
        The Commission has also determined that, pursuant to 10 CFR 50.12, 
    the exemption requested by the licensee for fire zones/areas AB-FZ-4, 
    FH-FZ-1, CB-FA-1, FH-FZ-6, ISPH-FZ-1, and ISPH-FZ-2 is authorized by 
    law, will not present an undue risk to public health and safety, and is 
    consistent with the common defense and security.
        Therefore, the Commission hereby grants GPU Nuclear, Inc., an 
    exemption
    
    [[Page 22657]]
    
    from the technical requirements of section III.G.2.c of Appendix R to 
    10 CFR part 50, to the extent that it requires the enclosure of certain 
    redundant safe-shutdown circuits in 1-hour fire-rated barriers, for 
    fire zones/areas AB-FZ-4, FH-FZ-1, CB-FA-1, FH-FZ-6, ISPH-FZ-1, and 
    ISPH-FZ-2 at TMI-1. The exemption for fire area CB-FA-1 and fire zone 
    FH-FZ-6 is contingent upon the licensee completing the commitments 
    identified in its letters of October 14, 1998, and December 23, 1998, 
    for that fire area and zone. The request for exemption for fire zones 
    AB-FZ-3, AB-FZ-5, AB-FZ-7, and FH-FZ-2 is denied.
        Pursuant to 10 CFR 51.32, the Commission has determined that the 
    issuance of this exemption will have no significant impact on the 
    quality of the human environment (64 FR 19205).
        This exemption is effective upon issuance.
    
        Dated at Rockville, Maryland, this 20th day of April 1999.
    
        For the Nuclear Regulatory Commission.
    John A. Zwolinski,
    Director, Division of Licensing Project Management, Office of Nuclear 
    Reactor Regulation.
    [FR Doc. 99-10489 Filed 4-26-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
04/27/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-10489
Pages:
22655-22657 (3 pages)
Docket Numbers:
Docket No. 50-289
PDF File:
99-10489.pdf