97-8915. Oyster Creek Nuclear Generating Station; Issuance of Final Director's Decision Under 10 CFR 2.206  

  • [Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
    [Notices]
    [Pages 17252-17257]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-8915]
    
    
    -----------------------------------------------------------------------
    
    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-219, License No. DPR-16]
    
    
    Oyster Creek Nuclear Generating Station; Issuance of Final 
    Director's Decision Under 10 CFR 2.206
    
        Notice is hereby given that the Director, Office of Nuclear Reactor 
    Regulation, U.S. Nuclear Regulatory Commission (NRC), has granted in 
    part and denied in part Petitions, dated September 19, 1994, and 
    supplemented by a letter dated December 13, 1994, submitted by Messrs. 
    Paul Gunter and William deCamp, Jr. (Petitioners) on behalf of Oyster 
    Creek Nuclear Watch, Reactor Watchdog Project, and Nuclear Information 
    and Resource Service. Petitioners requested that the NRC take immediate 
    action with regard to Oyster Creek Nuclear Generating Station (OCNGS) 
    operated by GPU Nuclear Corporation (GPU or licensee). By letter dated 
    December 13, 1994, Petitioners supplemented the Petition dated 
    September 19, 1994.
        Specifically, the Petition of September 19, 1994, requested that 
    the NRC (1) immediately suspend the OCNGS operating license until the 
    licensee inspects and repairs or replaces all safety-class reactor 
    internal component parts subject to embrittlement and cracking, (2) 
    immediately suspend the OCNGS operating license until the licensee 
    submits an analysis regarding the synergistic effects of through-wall 
    cracking of multiple safety-class components, (3) immediately suspend 
    the OCNGS operating license until the licensee has analyzed and 
    mitigated any areas of noncompliance with regard to irradiated fuel 
    pool cooling as a single-unit boiling water reactor (BWR), and (4) 
    issue a generic letter requiring other licensees of single-unit BWRs to 
    submit information regarding fuel pool boiling in order to verify 
    compliance with regulatory requirements, and to promptly take 
    appropriate mitigative action if the unit is not in compliance.
        The supplemental Petition, in addition to providing more 
    information on the original request, requested that the NRC (1) suspend 
    the OCNGS operating license until the Petitioners' concerns regarding 
    cracking are addressed, including inspection of all reactor vessel 
    internal components and other safety-related systems susceptible to 
    intergranular stress-corrosion cracking and completion of any and all 
    necessary repairs and modification; (2) explain the discrepancies 
    between the response of the NRC staff dated October 27, 1994, to the 
    Petition of September 19, 1994, and time-to-boil calculations for the 
    FitzPatrick plant; (3) require GPU to produce documents for evaluation 
    of the time-to-boil calculation for the OCNGS irradiated fuel pool; (4) 
    identify redundant components that may be powered from onsite power 
    supplies to be used for spent fuel pool cooling as qualified Class IE 
    systems; (5) hold a public meeting in Toms River, New Jersey, to permit 
    presentation of additional information related to the Petition; and (6) 
    treat the Petitioners' letter of December 13, 1994, as a formal appeal 
    of the denial of their request of September 19, 1994, to immediately 
    suspend the OCNGS operating license.
        The Director of the Office of Nuclear Reactor Regulation has 
    granted requests (3), with the exception of suspending OCNGS operating 
    license which was previously denied, and in part (4) of the Petition of 
    September 19, 1994, and requests (2), (3), and (4) of the supplemental 
    Petition of December 13, 1994. The reasons for these decisions are 
    explained in the ``Final Director's Decision Under 10 CFR 2.206: (DD-
    97-08), the complete text of which follows this notice. The decision 
    and the documents cited in the decision are available for public 
    inspection and copying at the Commission's Public
    
    [[Page 17253]]
    
    Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
    and at the local public document room located at Ocean County Library, 
    Reference Department, 101 Washington Street, Toms Rivers, NJ 08753.
        A copy of this Final Director's Decision will be filed with the 
    Secretary of the Commission for review in accordance with 10 CFR 
    2.206(c). As provided in that regulation, the decision will contribute 
    the final action of the Commission 25 days after the date of its 
    issuance, unless the Commission, on its own motion, institutes a review 
    of the decision within that time.
    
    For the Nuclear Regulatory Commission.
    
        Dated at Rockville, Maryland, this 2nd day of April 1997.
    
    Attachment: DD 97-08
    Samuel J. Collins,
    Director, Office of Nuclear Reactor Regulation.
    
    Final Director's Decision Under 10 CFR 2.206
    
    I. Introduction
    
        By a Petition submitted pursuant to 10 CFR 2.206 on September 19, 
    1994 (Petition), Reactor Watchdog Project, Nuclear Information and 
    Resource Service, and Oyster Creek Nuclear Watch (Petitioners) 
    requested that the U.S. Nuclear Regulatory Commission (NRC) take 
    immediate action with regard to Oyster Creek Nuclear Generating Station 
    (OCNGS) operated by GPU Nuclear Corporation (GPU or Licensee). By 
    letter dated December 13, 1994, Petitioners supplemented the Petition.
        In the Petition of September 19, 1994, Petitioners requested that 
    the NRC: (1) immediately suspend the OCNGS operating license until the 
    Licensee inspects and repairs or replaces all safety-class reactor 
    internal component parts subject to embrittlement and cracking, (2) 
    immediately suspend the OCNGS operating license until the Licensee 
    submits an analysis regarding the synergistic effects of through-wall 
    cracking of multiple safety-class components, (3) immediately suspend 
    the OCNGS operating license until the Licensee has analyzed and 
    mitigated any areas of noncompliance with regard to irradiated fuel 
    pool cooling as a single-unit boiling water reactor (BWR), and (4) 
    issue a generic letter requiring other licensees of single-unit BWRs to 
    submit information regarding fuel pool boiling in order to verify 
    compliance with regulatory requirements and to promptly take 
    appropriate mitigative action if the unit is not in compliance.
        In addition to providing more information on the original request, 
    the supplement dated December 13, 1994, requested that the NRC: (1) 
    suspend the OCNGS operating license until Petitioners' concerns 
    regarding cracking are addressed, including inspection of all reactor 
    vessel internal components and other safety-related systems susceptible 
    to intergranular stress-corrosion cracking and completion of any and 
    all necessary repairs and modifications, (2) explain the discrepancies 
    between the response of the NRC staff dated October 27, 1994, to the 
    Petition and time-to-boil calculations for the FitzPatrick Plant, (3) 
    require GPU to produce documents for evaluation of the time-to-boil 
    calculations for the OCNGS irradiated fuel pool, (4) identify redundant 
    components that may be powered from onsite power supplies to be used 
    for spent fuel pool cooling as qualified Class 1E systems, (5) hold a 
    public meeting in Toms River, New Jersey, to permit presentation of 
    additional information related to the Petition, and (6) treat 
    Petitioners' letter of December 13, 1994, as a formal appeal of the 
    denial of their request of September 19, 1994, to immediately suspend 
    the OCNGS operating license.
        On October 27, 1994, the Director of the Office of Nuclear Reactor 
    Regulation informed the Petitioners that he was denying their request 
    for immediate suspension of the OCNGS operating license, that their 
    Petition was being evaluated under 10 CFR 2.206 of the Commission's 
    regulations, and that action would be taken in a reasonable time. By 
    letter dated April 10, 1995, the Director denied requests (5) and (6) 
    of Petitioner's supplemental Petition. On August 4, 1995, the Director 
    issued a Partial Director's Decision (DD-95-18), denying requests (1) 
    and (2) of their Petition of September 19, 1994, and request (1) of the 
    supplemental Petition of December 13, 1994. A decision regarding 
    requests (3) and (4) of the Petition of September 19, 1994, and 
    requests (2), (3), and (4) of the supplemental Petition of December 13, 
    1994, was deferred pending completion of our review.
        The NRC staff's review of the Petition and supplemental Petition is 
    now complete. For the reasons set forth below, requests (3), with the 
    exception of suspending OCNGS operating license which was previously 
    denied, and (4) of the Petition of September 19, 1994, are granted in 
    part and requests (2), (3), and (4) of the supplemental Petition of 
    December 13, 1994 are granted as described below.
    
    II. Background
    
        On November 27, 1992, a report was filed pursuant to 10 CFR Part 21 
    by two contract engineers that notified the Commission of potential 
    design deficiencies in spent fuel pool decay heat removal systems and 
    containment systems at Susquehanna Steam Electric Station (SSES). The 
    report noted that under certain conditions, systems designed to remove 
    decay heat from the spent fuel pool would be unable to perform their 
    intended function, and that as a result of concurrent plant conditions 
    it would not be possible for operators to place backup systems in 
    service or that backup systems would otherwise be unable to perform 
    their intended function. The report concluded that under such 
    conditions, the spent fuel pool could reach boiling conditions and that 
    the adverse environment created by a boiling pool would render systems 
    designed to remove decay heat from the reactor core and systems 
    designed to limit the release of fission products to the environment 
    unable to perform their intended function. The ultimate consequence of 
    these conditions could be the failure (meltdown) of fuel in both the 
    reactor vessel and the spent fuel pool and a substantial release of 
    fission products to the environment that would cause significant harm 
    to public health and safety.
        Although the issues raised by this Part 21 report appeared to be of 
    low safety significance, because of the low probability that the 
    necessary sequence of events would take place,\1\ the complex nature of 
    the issues prompted the NRC staff to undertake an extensive evaluation 
    of the matter. The NRC staff review process, which continued from 
    November 1992 to June 1995, included information-gathering trips to the 
    licensee's engineering offices and to SSES, public meetings with the 
    licensee, public meetings and written correspondence with the authors 
    of the Part 21 report, and numerous written requests for information to 
    the licensee and corresponding responses.
    ---------------------------------------------------------------------------
    
        \1\ Specifically, the NRC staff observed that a loss-of-coolant 
    accident followed by multiple failures of emergency core cooling 
    systems would be necessary to achieve the adverse radiological 
    conditions that would preclude operator actions to ensure continued 
    adequate decay heat removal from the spent fuel pool.
    ---------------------------------------------------------------------------
    
        The staff issued Information Notice (IN) 93-83, ``Potential Loss of 
    Spent Fuel Pool Cooling After a Loss-of-Coolant Accident or a Loss of 
    Offsite Power,'' on October 7, 1993, which informed licensees of all 
    operating reactors of the nature of the issues raised in the Part 21 
    report.
    
    [[Page 17254]]
    
        The NRC staff issued a draft safety evaluation (SE) addressing the 
    issues raised in the Part 21 report on SSES for comment on October 25, 
    1994. After receiving comments from the licensee, the authors of the 
    Part 21 report, and the Advisory Committee on Reactor Safeguards, the 
    staff issued a final SE regarding the issues raised in the Part 21 
    report for the SSES on June 19, 1995 (SSES SE).\2\
    ---------------------------------------------------------------------------
    
        \2\ Letter to R. Byram, Pennsylvania Power & Light Company, from 
    J. Stolz, NRC, ``Susquehanna Steam Electric Station, Units 1 and 2, 
    Safety Evaluation Regarding Spent Fuel Pool Cooling Issues (TAC No. 
    M85337),'' dated June 19, 1995.
    ---------------------------------------------------------------------------
    
        The NRC staff reviewed and evaluated the SSES plant design and 
    inspected operation of SSES plant equipment with respect to the various 
    event sequences described in the Part 21 report. The staff also 
    evaluated the response of SSES plant equipment to a broader range of 
    initiating events than was identified in the Part 21 report. For 
    example, the staff considered the safety significance of a loss of 
    spent fuel pool decay heat removal capability resulting from a loss of 
    offsite power events, from seismic events, and from flooding events. 
    The staff considered the safety significance of such events potentially 
    leading to spent fuel pool boiling sequences that could, in turn, 
    jeopardize safety-related equipment needed to maintain reactor core 
    cooling. The NRC staff conducted both deterministic and probabilistic 
    evaluations to fully understand the safety significance of the issues 
    raised. The staff evaluated the safety significance of the issues as 
    they pertained to the plant at the time the Part 21 report was 
    submitted and as they pertained to the plant after the completion of 
    certain voluntary modifications made at SSES during the course of the 
    NRC staff's review. Finally, the staff examined licensing issues 
    associated with the design of the spent fuel pool cooling system to 
    determine the extent to which SSES's design and operation met the 
    applicable regulatory requirements.
        On the basis of the staff's deterministic analysis of the plant as 
    it was configured at the time the SSES SE was prepared, the NRC staff 
    concluded that systems used to cool the spent fuel storage pool are 
    adequate to prevent unacceptable challenges to safety-related systems 
    needed to protect the health and safety of the public during design-
    basis accidents.
        On the basis of its probabilistic evaluation, the NRC staff 
    concluded that the specific scenario involving a large radionuclide 
    release from the reactor vessel, which was described in the Part 21 
    report, is a sequence of very low probability. The staff's evaluation 
    concluded that even with consideration of the additional initiating 
    events previously described, ``loss of spent fuel pool cooling events'' 
    represented a challenge of low safety significance to the plant at the 
    time the Part 21 report was submitted. However, the staff also 
    concluded that the plant modifications and procedural upgrades made 
    during the course of the staff's review, which included removing the 
    gates that separate the spent fuel storage pools from the common cask 
    storage pit, installation of remote spent fuel pool temperature and 
    level indication in the control room, and numerous procedural upgrades, 
    provided a measurable improvement in plant safety and that these 
    conclusions had potential generic implications. In summary, with regard 
    to loss of spent fuel pool cooling events, the SSES SE concluded that 
    the design of the SSES facility was adequate to protect public health 
    and safety.
        With regard to licensing-basis design issues, the staff concluded 
    that only a loss of spent fuel pool cooling initiated by a seismic 
    event was considered in the original granting of the SSES license by 
    the NRC.
        The staff issued IN 93-83, Supplement 1, ``Potential Loss of Spent 
    Fuel Pool Cooling After a Loss-of-Coolant Accident or a Loss of Offsite 
    Power,'' to all power reactor licensees on August 24, 1995, describing 
    the conclusions of the June 19, 1995, SSES SE. The information notice 
    described the staff's plans to implement a generic action plan to 
    evaluate the generic concerns raised in the SSES SE and to address 
    certain additional concerns arising from a special inspection at a 
    permanently shutdown reactor facility.\3\ The generic action plan, 
    entitled ``Task Action Plan for Spent Fuel Storage Pool Safety'' (Task 
    Action Plan), was issued on October 13, 1994, and included the 
    following actions: (1) A search for and analysis of information 
    regarding spent fuel storage pool issues, (2) an assessment of the 
    operation and design of spent fuel storage pools at selected reactor 
    facilities, (3) an evaluation of the assessment findings for safety 
    concerns, and (4) selection and execution of an appropriate course of 
    action based on the safety significance of the findings.
    ---------------------------------------------------------------------------
    
        \3\ On January 25, 1994, the licensee for Dresden, Unit 1, a 
    permanently shutdown facility, discovered approximately 55,000 
    gallons of water in the basement of the unheated Unit 1 containment. 
    The water originated from a rupture of the service water system that 
    occurred as a result of freeze damage. The licensee investigated 
    further and found that although the fuel transfer system was not 
    damaged, there was a potential for a portion of the fuel transfer 
    system inside containment to fail and result in a partial draindown 
    of the spent fuel pool that contained 660 spent fuel assemblies. The 
    NRC issued NRC Bulletin 94-01, ``Potential Fuel Pool Draindown 
    Caused by Inadequate Maintenance Practices at Dresden Unit 1,'' on 
    April 8, 1994, to all licensees with permanently shutdown reactors 
    that had spent fuel stored in spent fuel pools. The NRC requested 
    that such licensees take certain actions to ensure that spent fuel 
    storage safety did not become degraded.
    ---------------------------------------------------------------------------
    
        As part of the Task Action Plan review, the staff reviewed 
    operating experience, as documented in licensee event reports and other 
    information sources, as well as in previous studies of spent fuel pool 
    issues. The staff also gathered detailed design data relating to the 
    design basis and functional capability of the fuel storage pool, the 
    fuel pool cooling system, and other systems associated with fuel 
    storage for every operating reactor and analyzed these data to identify 
    potential safety issues regarding a loss of spent fuel pool cooling or 
    a loss of coolant inventory.
        The NRC staff forwarded the results of its Task Action Plan review 
    to the Commission on July 26, 1996.\4\ The staff concluded that 
    existing spent fuel storage pool structures, systems, and components 
    provided adequate protection of public health and safety at all 
    operating reactors. Protection is provided by several layers of 
    defenses that perform accident prevention functions (e.g., quality 
    controls on design, construction, and operation), accident mitigation 
    functions (e.g., multiple cooling systems and multiple makeup water 
    paths), radiation protection functions, and emergency preparedness 
    functions. Design features addressing each of these areas for spent 
    fuel storage for each operating reactor have been reviewed and approved 
    by the staff. In addition, the risk analyses available for spent fuel 
    storage suggest that current design features and operational 
    constraints cause issues related to spent fuel pool storage to be a 
    small fraction of the overall risk associated with an operating light-
    water reactor.
    ---------------------------------------------------------------------------
    
        \4\ Memorandum to the Commission, from J. Taylor, ``Resolution 
    of Spent Fuel Storage Pool Action Plan Issues,'' dated July 26, 
    1996.
    ---------------------------------------------------------------------------
    
        Notwithstanding these findings, the NRC staff reviewed the design 
    of every operating reactor's spent fuel pool to identify strengths and 
    weaknesses and potential areas for safety enhancements. The NRC staff 
    identified seven categories of design features that reduce the 
    reliability of spent fuel pool decay heat removal, increase the 
    potential for loss of spent fuel coolant inventory, or increase the 
    potential for consequential loss of essential safety functions at an 
    operating reactor. The NRC staff determined that these design features 
    existed at 22 sites; OCNGS was not one
    
    [[Page 17255]]
    
    of the 22 sites. As the staff has concluded that present facility 
    designs provided adequate protection of public health and safety, 
    possible safety enhancements will be evaluated pursuant to 10 CFR 
    50.109(a)(3). The analyses for possible safety enhancement backfits 
    will consider whether modifications to the plant design to address the 
    plant-specific design features identified by the NRC staff could 
    provide a substantial increase in the overall protection of public 
    health and safety and whether such modifications could be justified on 
    a cost-benefit basis.
        The NRC staff also identified three additional categories of design 
    features that may have the potential to reduce the reliability of spent 
    fuel pool decay heat removal, increase the potential for loss of spent 
    fuel coolant inventory, or increase the potential for consequential 
    loss of essential safety functions at an operating reactor. The NRC 
    staff preliminarily determined that these design features existed at 11 
    sites. OCNGS was not one of the 11 sites. The staff has insufficient 
    information at this time to determine whether backfits pursuant to 10 
    CFR 50.109(a)(3) are warranted at the 11 sites. For plants identified 
    as having design features in these three categories, the NRC staff will 
    gather and evaluate additional information prior to determining whether 
    to require any backfits.
        In addition to the plant-specific analyses described above for 22 
    sites which will address certain design features, the NRC staff 
    informed the Commission in the July 26, 1996, Task Action Plan report 
    that it plans to address issues related to the functional performance 
    of spent fuel pool decay heat removal, as well as the operational 
    aspects related to coolant inventory control and reactivity control, in 
    a new proposed performance-based rule for shutdown operations (10 CFR 
    50.67) at all operating reactors. The new rule is schedule to be issued 
    for public comment in 1997.
        The NRC staff sent the Task Action Plan report of July 26, 1996, to 
    all operating power reactor licensees. For those licensees whose plants 
    have one or more of the design features that warrant a plant-specific 
    safety enhancement backfit analysis, the staff has provided an 
    opportunity to comment on: (1) The accuracy of the NRC staff's 
    understanding of the plant design, (2) the safety significance of the 
    design concern, (3) the cost of potential modifications to address the 
    design concern, and (4) the existing protection from the design concern 
    provided by administrative controls or other means. In developing a 
    schedule and plans for conducting all of the plant-specific regulatory 
    analyses, the NRC staff will consider comments received from licensees.
    
    III. Discussion
    
    A. Issuance of Generic Letter, Compliance Verification, and Mitigative 
    Action (September 19, 1994 Petition Items (3) and (4))
        The Petitioners requested (Items (3) and (4) of the September 19, 
    1994, Petition) that the NRC immediately suspend the OCNGS operating 
    license until GPU analyzes and mitigates any areas of noncompliance 
    with regard to irradiated fuel pool cooling as a single-unit boiling 
    water reactor, and that the NRC issue a generic letter requiring other 
    licensees of single unit BWRs to submit information regarding fuel pool 
    boiling in order to verify compliance with NRC requirements and to take 
    quick mitigative action if the unit is not in compliance.
        As stated in the cover letter, the October 27, 1994, Director's 
    letter informed you that he denied your request for immediate 
    suspension of the OCNGS operating license.
        While the NRC has not issued and does not plan to issue a generic 
    letter, the staff has communicated the importance of conducting 
    relevant spent fuel pool decay heat removal activities in accordance 
    with technical specifications and other plant-specific applicable 
    regulatory requirements to licensees through the issuance of other 
    generic communications, as described below. The staff also surveyed all 
    operating reactor licensees, including GPU Nuclear Corporation, 
    licensee for OCNGS, to collect information on, among other things, 
    parameters affecting boiling of the spent fuel pool. Results of the 
    survey relevant to this Petition are discussed below.
        The NRC staff issued three information notices on matters related 
    to adequate removal of decay heat from the spent fuel pool. IN 93-83, 
    ``Potential Loss of Spent Fuel Pool Cooling After a Loss-of-Coolant 
    Accident or a Loss of Offsite Power,'' was issued on October 7, 1993, 
    and described the concerns in the November 27, 1992, SSES Part 21 
    report discussed above. IN 93-83, Supplement 1, ``Potential Loss of 
    Spent Fuel Pool Cooling After a Loss-of-Coolant Accident or a Loss of 
    Offsite Power,'' issued on August 8, 1995, informed licensees of the 
    results of the NRC's review of the concerns at SSES. IN 95-54, ``Decay 
    Heat Management Practices During Refueling Outages,'' was issued on 
    December 1, 1995, and described recent NRC assessments of events at 
    certain plants regarding the licensee's control of refueling operations 
    and the methods for removing decay heat produced by the irradiated fuel 
    stored in the spent fuel pool during refueling outages. IN 95-54 
    communicated to licensees that the plant-specific events described 
    therein and in the previous information notices illustrated the 
    importance of ensuring that (1) planned core offload evolutions, 
    including refueling practices and irradiated fuel decay heat removal, 
    are consistent with the licensing basis, including the final safety 
    analysis report, technical specifications, and license conditions; (2) 
    changes to these evolutions are evaluated through the application of 
    the provisions of 10 CFR 50.59, as appropriate; and (3) all relevant 
    procedures associated with core offloads have been appropriately 
    reviewed.
        The staff surveyed operating reactors, including Oyster Creek, as 
    part of the (a) Spent Fuel Pool (SFP) Task Action Plan, and (b) follow-
    up actions related to issues identified at Millstone, and reviewed the 
    degree to which fuel pool operations compared with each facility's 
    design basis and the degree that the fuel pool design features 
    conformed with accepted guidance and standards. In the case of Oyster 
    Creek, the NRC staff found no deviations in operation or design as a 
    result of either review. The staff issued its report on the results of 
    spent fuel pool survey regarding Millstone follow-up issues on May 21, 
    1996. As described in Section II of this decision, the NRC staff 
    forwarded its report on the resolution of the SFP Task Action Plan on 
    July 26, 1996, to all operating power reactor licensees.
        As part of the SFP Task Action Plan, the staff considered, on a 
    generic basis, the history of regulatory requirements related to spent 
    fuel pools as they were applied in plant licensing actions. The staff 
    found that SFP-related regulatory requirements have been evolving since 
    the first nuclear power plants were licensed and that specific 
    regulatory guidance on the design of spent fuel pool cooling systems 
    was not formalized until 1975, when the Standard Review Plan was 
    issued, which was after the issuance of construction permits for most 
    currently operating reactors. Because the regulatory requirements were 
    evolving during the era in which the staff was conducting licensing 
    reviews for the current generations of operating reactors, staff-
    approved designs varied from plant to plant. However, based on the 
    recent survey results, the staff concluded that all operating reactors 
    had design features
    
    [[Page 17256]]
    
    for spent fuel storage (e.g., addressing accident prevention functions, 
    accident mitigation functions, radiation protection functions, and 
    emergency preparedness functions), which had been reviewed and approved 
    in the past by the NRC. In addition, based on the review of the survey 
    results, the staff found that all licensees were in compliance with 
    current NRC requirements.
        Although the NRC staff concluded that all plants, including OCNGS, 
    are in compliance with the NRC spent fuel pool design requirements, the 
    staff reviewed certain operating practices at all operating reactor 
    plants to verify that the plants were being operated consistent with 
    the plant design as described in the licensing basis,\5\ specifically 
    with respect to refueling outage practices associated with offloading 
    irradiated fuel into the spent fuel pool. The staff concluded, on the 
    basis of the information collected and reviewed and the specific 
    licensee actions taken and commitments made during the course of this 
    review, that core offload practices are consistent with the spent fuel 
    pool decay heat removal licensing basis for all plants, or will be 
    before the next refueling outage. It should be noted, however, that 
    during the course of its review, the staff determined that nine sites 
    (involving fifteen units) needed to modify their licensing basis or 
    plant practices, pursuant to 10 CFR 50.59 or 10 CFR 50.90, to ensure 
    that their refueling practices adhered to their licensing basis. This 
    is an indication that these plants may have previously performed full 
    core offloads inconsistent with their licensing basis. The staff is 
    reviewing potential enforcement action for these facilities. It should 
    be noted that OCNGS is not one of the nine sites.
    ---------------------------------------------------------------------------
    
        \5\ Memorandum to the Commission, from J. Taylor, dated May 21, 
    1996.
    ---------------------------------------------------------------------------
    
        The Petitioners requested that the NRC immediately suspend the 
    OCNGS operating license until GPU analyzes and mitigates any areas of 
    noncompliance with regard to irradiated fuel pool cooling as a single-
    unit BWR, and that the NRC issue a generic letter requiring other 
    licensees of single unit BWRs to submit information regarding fuel pool 
    boiling in order to verify compliance with NRC requirements and take 
    quick mitigative action if the unit is not in compliance. These 
    requests are granted in part as described above. Petitioners' request 
    for immediate suspension of OCNGS operating license was previously 
    denied.
    B. Time-to-Boil Calculations (December 13, 1994, Supplemental Petition 
    Items (2) and (3))
        Petitioners' supplementary request of December 13, 1994, asked the 
    NRC to explain ``discrepancies'' between the response of the NRC staff 
    dated October 27, 1994, to the Petition and the documented time-to-boil 
    calculations for the FitzPatrick Plant as they bear on time-to-boil 
    calculations for other single-unit General Electric BWRs, including 
    OCNGS. Petitioners contend that documents available in the Public 
    Document Room for FitzPatrick Plant, a single-unit site, indicated a 
    time-to-boil following a loss-of-coolant accident of 8 hours, 
    considerably less than the 25 hours SSES, a dual-unit site, committed 
    to in a letter dated June 1, 1994. Petitioners also requested that the 
    Licensee, GPUN, produce time-to-boil calculations for OCNGS.
        The NRC staff letter of October 27, 1994, to Petitioners concluded 
    that time-to-boil conditions at single-unit BWR sites, such as OCNGS, 
    are of low safety significance because, unlike dual-unit sites, such as 
    SSES, a large decay heat rate associated with a short time to reach 
    boiling conditions is an unrealistic assumption during periods when the 
    unit is operating and fuel in the reactor vessel is subject to a loss-
    of-coolant accident.
        As explained in the Director's letter to Petitioners dated April 
    10, 1995, the time-to-boil calculation results for the FitzPatrick 
    Plant single-unit BWR, which were presented in a New York Power 
    Authority document dated May 31, 1990, were based on the maximum 
    postulated decay heat rates during a refueling outage fuel discharge 
    and full core offload that occurred about 7 and 10 days, respectively, 
    after reactor shutdown. These calculations also assumed that spent fuel 
    pool cooling was lost when the pool was at its maximum calculated 
    temperature. In contrast, the staff calculated the time-to-boil for 
    FitzPatrick to be 25 hours for a one-third core discharge 30 days after 
    reactor shutdown, assuming the spent fuel pool was at its maximum 
    temperature limit for normal operation, which is 125  deg.F. The 
    details of this calculation were provided in our Director's letter to 
    you dated April 10, 1995. Additionally, the staff had surveyed the 
    factors that would most significantly affect the time-to-boil (i.e., 
    spent fuel pool volumes, rated reactor thermal power level, total 
    number of fuel assemblies in the reactor vessel, and spent fuel pool 
    temperature limits) for 12 General Electric Company BWR/3 and BWR/4 
    reactors. The staff concluded that its time-to-boil calculations for 
    FitzPatrick are representative for United States single-unit BWRs as a 
    whole, and OCNGS in particular.
        As part of the NRC staff's Task Action Plan activities, the staff 
    collected information from licensee documents to calculate the time-to-
    boil for all operating reactors on a consistent basis. While the staff 
    did not specifically require licensees (including GPU) to provide 
    documentation to support time-to-boil calculations, the staff did 
    independently calculate the time-to-boil for each plant from licensee-
    supplied information in Final Safety Analysis Reports and other design 
    documents. On this basis, the staff determined that the time-to-boil at 
    Oyster Creek is average among single-unit BWRs, thus confirming the 
    same conclusion reached earlier in the Director's letter of April 10, 
    1995.
        Accordingly, the Petitioners' requests to explain the 
    ``discrepancies'' between the response of the NRC staff dated October 
    27, 1994, to the Petition and the documented time-to-boil calculations 
    for the FitzPatrick Plant as they bear on time-to-boil calculations for 
    other single-unit General Electric BWRs, including OCNGS, and that GPU 
    produce documents for evaluation of time-to-boil calculations are 
    granted as described above.
    C. Redundant Class 1E Components and Power Supplies (December 13, 1994, 
    Supplemental Petition Item (4))
        In the supplemental Petition submittal of December 13, 1994, the 
    Petitioners requested that the NRC identify redundant components that 
    may be powered from on-site power supplies to be used for spent fuel 
    pool cooling as qualified Class 1E systems at Oyster Creek.
        The Petitioners noted that while Oyster Creek may have redundant 
    components, in their view it is meaningless to have redundant 
    components and power supplies if they have not been qualified to 
    operate under emergency conditions.
        At Oyster Creek, spent fuel decay heat removal consists of a two-
    train spent fuel pool cooling system. The first train (``Spent Fuel 
    Pool Cooling System'') has two pumps and two heat exchangers. The 
    second or augmented train, installed in parallel with the first train, 
    contains two full capacity pumps and a single heat exchanger. The four 
    pumps in both trains are powered from electrical busses supported by 
    safety-related emergency diesels (MCCs 1A21, 1A23, 1B21 and 1B23). The 
    augmented train is seismically qualified. Portions of
    
    [[Page 17257]]
    
    the spent fuel pool cooling system, initially designed to be a non-
    seismic system, has been upgraded to Seismic Category I requirements. 
    Those portions of the system that do not meet seismic requirements can 
    be isolated from the spent fuel pool cooling system if a seismic event 
    renders them inoperable.
        It should be made clear that the NRC staff does not require Class 
    1E qualification for spent fuel pool cooling equipment and 
    instrumentation. Class 1E is the safety classification of electric 
    equipment and systems that are essential to emergency reactor shutdown, 
    containment isolation, reactor core cooling, and containment and 
    reactor heat removal, or are otherwise essential in preventing 
    significant release of radioactive material to the environment.\6\ The 
    spent fuel pool cooling system and monitoring instrumentation are not 
    required for such functions.
    ---------------------------------------------------------------------------
    
        \6\ IEEE Std 308-1980.
    ---------------------------------------------------------------------------
    
        In his letter of April 10, 1995, the Director informed Petitioners 
    that they have not presented, nor was the staff aware of, any evidence 
    that the spent fuel pool cooling system fails to comply with its design 
    basis, or that the licensee failed to qualify these components to the 
    degree Petitioners describe such that it would alter his decision as it 
    pertains to the safety significance of these issues. Therefore, further 
    review of the qualification of spent fuel cooling system components at 
    OCNGS is not warranted. Additionally, Petitioners were informed that 
    the staff would continue its generic review of spent fuel storage pool 
    safety and would take appropriate action based on the conclusions of 
    that review. Based on the results of the generic review of spent fuel 
    storage pool safety thus far, the staff has concluded that no 
    additional actions are warranted for the spent fuel pool cooling system 
    components at OCNGS.
        The Petitioners' request to identify redundant qualified Class 1E 
    systems was granted as described above.
    
    IV. Conclusion
    
        Although the staff has not initiated formal enforcement proceedings 
    in response to the Petition, the staff has taken a number of actions 
    that address the concerns raised in the Petition. For example, during 
    the course of its review, the NRC staff has issued generic 
    communications responsive to Petitioners' request (4) of September 19, 
    1994. In addition, the NRC staff reviewed the compliance of NRC 
    licensed facilities in the area of spent fuel pool design responsive to 
    Petitioners' request (3) of September 19, 1994. To this extent, the 
    Petition is granted in part. Finally, Petitioners' supplemental 
    petition requests (2), (3), and (4) are granted as explained above.
        A copy of this Final Director's Decision will be filled with the 
    Secretary of the Commission for review in accordance with 10 CFR 
    2.206(c). This Decision will become the final action of the Commission 
    25 days after its issuance unless the Commission, on its own motion, 
    institutes review of the Decision within that time.
    
        For the Nuclear Regulatory Commission.
    
        Dated at Rockville, Maryland, this 2nd day of April 1997.
    Samuel J. Collins,
    Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-8915 Filed 4-8-97; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
04/09/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Action:
(1) A search for and analysis of information regarding spent fuel storage pool issues, (2) an assessment of the operation and design of spent fuel storage pools at selected reactor facilities, (3) an evaluation of the assessment findings for safety concerns, and (4) selection and execution of an appropriate course of action based on the safety significance of the findings.
Document Number:
97-8915
Pages:
17252-17257 (6 pages)
Docket Numbers:
Docket No. 50-219, License No. DPR-16
PDF File:
97-8915.pdf