95-13357. Exemption  

  • [Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
    [Notices]
    [Pages 28633-28634]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-13357]
    
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket No. 50-443 (License No. NPF-86)]
    
    
    Exemption
    
        In the Matter of North Atlantic Energy Service Corporation 
    (Seabrook Station, Unit No. 1).
    
    I
    
        North Atlantic Energy Service Corporation (North Atlantic or the 
    licensee) is the holder of Facility Operating License No. NPF-86, which 
    authorizes operation of Seabrook Station, Unit No. 1 (the facility or 
    Seabrook), at a steady-state reactor power level not in excess of 3411 
    megawatts thermal. The facility is a pressurized water reactor located 
    at the licensee's site in Rockingham County, New Hampshire. The license 
    provides among other things, that it is subject to all rules, 
    regulations, and Orders of the U.S. Nuclear Regulatory Commission (the 
    Commission or NRC) now or hereafter in effect.
    
    II
    
        Section III.D.I.(a) of Appendix J to 10 CFR Part 50 requires the 
    performance of three Type A containment integrated leakage rate tests 
    (ILTRs) at approximately equal intervals during each 10-year service 
    period of the primary containment. The third test of each set shall be 
    conducted when the plant is shutdown for the 10-year inservice 
    inspection.
    
    III
    
        By letter dated February 17, 1995, North Atlantic requested 
    temporary relief from the requirement to perform a set of three Type A 
    tests at approximately equal intervals during each 10-year service 
    period of the primary containment. The requested exemption would permit 
    delaying performance of the of the second Type A test by approximately 
    22 months (from the 1995 refueling outage currently scheduled to being 
    November 4, 1995, to the 1997 refueling outage projected to start 
    September 1997). The last Type A test was completed October 30, 1992. 
    Thus, if the next Type A test is delayed until the 1997 refueling 
    outrage, the interval between tests will be 59 months.
        North Atlantic's request cites the special circumstances provision 
    of 10 CFR 50.12, paragraph (a)(2)(ii), as the basis for the exemption. 
    North Atlantic notes that the existing Type B and C testing programs 
    are not being modified by its request and that these testing programs 
    will continue to detect effectively containment leakage caused by the 
    degradation of active containment isolation components as well as 
    containment penetrations. It has been the consistent and uniform 
    experience at Seabrook during the three Type A tests conducted from 
    1986 to date, that any significant containment leakage paths are 
    detected by the Type B and C testing. The Type A test results have been 
    only confirmatory of the results of the Type B and C tests results. 
    Therefore, application of the regulation in this particular 
    circumstances would not serve, nor is it necessary to achieve the 
    underlying purpose of the rule.
        Additionally, North Atlantic stated that the exemption request 
    meets the requirements of 10 CFR 50.12, paragraphs (a)(1) and 
    (a)(2)(ii), for the following reasons:
         Based on the excellent performance of the Appendix J Type 
    B and C test program and companion programs, the exemption would not 
    result in undue risk to the health and safety of the public.
         The Type A test results demonstrate that Seabrook has a 
    low-leakage containment. Three Type A tests have been performed at 
    Seabrook without a single test failure, and the highest [as-found] 
    leakage rate of 0.07092 percent per day is well below the acceptance 
    limit of 0.1125 percent per day and the design limit of 0.15 percent 
    per day.
         An assessment of the risk-impact of the exemption 
    concludes that there would be no undue risk to the public health and 
    safety as a result of the proposed schedular extension of the Type A 
    test.
         Resources now being expended on meeting the requirements 
    of Appendix J for the fourth refueling outage Type A test could be 
    better utilized to prepare for and execute other functions with a 
    higher impact on safety during the remainder of Cycle 4 and during the 
    refueling outage.
         The proposed exemption only extends the ILRT from the 
    fourth refueling outage to the fifth refueling outage. North Atlantic 
    is requesting a one time exemption from Section III.D.1(a) of Appendix 
    J that refers to performing ILRTs ``* * *  at approximately equal 
    intervals'' during each 10-year service period.
    
    IV
    
        Section III.D.1.(a) of Appendix J to 10 CFR part 50 states that a 
    set of three Type A leakage rate tests shall be performed at 
    approximately equal intervals during each 10-year period.
        North Atlantic has proposed an exemption to this section which 
    would provide a one-time interval extension for the second Type A test 
    in the current 10-year service period by approximately 22 months.
        The Commission has determined that pursuant to 10 CFR 50.12(a)(1) 
    this exemption is authorized by law, 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 
    justifying the exemption; namely, that application of the regulation in 
    the particular circumstances is not necessary to achieve the underlying 
    purpose of the rule.
        The underlying purpose of the requirement to perform Type A 
    containment leak rate tests at intervals during the 10-year service 
    period is to ensure that any potential leakage pathways through the 
    containment boundary are identified within a time span that prevents 
    significant degradation from continuing or becoming unknown. The NRC 
    staff has reviewed the basis and supporting information provided by 
    North Atlantic in the exemption request. The NRC staff has noted that 
    North Atlantic has a good record of ensuring a leak-tight containment. 
    All Type A tests have passed with significant margin and North Atlantic 
    has noted that the results of the Type A testing have been confirmatory 
    of the Type B and C tests which will continue to be performed. North 
    Atlantic also has committed to perform, notwithstanding the granting of 
    the proposed exemption, a general inspection of the containment and 
    containment enclosure during the fourth refueling outage even though 
    such an inspection is required by Appendix J, Section V.A. and the 
    Seabrook Appendix A Technical Specifications to be performed only prior 
    to Type A tests. The NRC staff considers that these inspections, though 
    limited in scope, provide an important added level of confidence in the 
    continued integrity of the containment boundary.
        The licensee performed a risk analysis which demonstrates that the 
    extension in the Type A test interval would result in a negligible 
    increase in risk. These results are consistent with calculations 
    performed for EPRI (as reported in EPRI [[Page 28634]] TR-104285, 
    ``Risk Impact Assessment of Revised Leak Rate Testing Intervals, August 
    1994) and the staff study reported in NUREG-1493, ``Performance-Based 
    Containment Leak Test Program.''
        the NRC staff has also made use of the information in a draft staff 
    report, NUREG-1493, which provides the technical justification for the 
    present Appendix J rulemaking effort which also includes a 10-year test 
    interval for Type A tests. The integrated leakage rate test, or Type A 
    test, measures overall containment leakage. However, operating 
    experience with all types of containments used in this country 
    demonstrates that essentially all containment leakage can be detected 
    by local leakage rate tests (Type B and C). According to results given 
    in NUREG-1493, out of 180 ILRT failure reports covering 110 individual 
    reactors and approximately 770 years of operating history, only 5 ILRT 
    failures were found which local leakage rate testing could not detect. 
    Thus, Type A testing detected failures not discovered by Type B and C 
    testing in about 3% of the tests, and in these tests the actual leakage 
    rates were only marginally in excess of leak-tightness requirements. 
    This study agrees well with previous NRC staff studies which show that 
    Type B and C testing can detect a very large percentage of containment 
    leaks.
        The Nuclear Management and Resources Council (NUMARC), now known as 
    the Nuclear Energy Institute (NEI), provided the NRC staff with 
    summaries of data to assist in the Appendix J rulemaking effort. NUMARC 
    collected results of 144 ILRTs from 33 units; 23 ILRTs exceeded 
    1.OLa. Of these, only nine were not due to Type B or C leakage 
    penalties. The NEI data also added another perspective. The NEI data 
    show that in about one-third of the cases exceeding allowable leakage, 
    the as-found leakage was less than 2La; in one case the leakage 
    was found to be approximately 2La; in one case the as-found 
    leakage was less than 3La; one case approached 10La; and in 
    one case the leakage was found to be approximately 21La. For about 
    half of the failed ILRTs the as-found leakage was not quantified. These 
    data show that, for those ILRTs for which the leakage was quantified, 
    the leakage values are small in comparison to the leakage value at 
    which the risk to the public starts to increase over the value of risk 
    corresponding to La (approximately 200La, as discussed in 
    NUREG-1493). Therefore, based on these considerations, it is unlikely 
    that an extension of one cycle for the performance of the Appendix J, 
    Type A test at Seabrook would result in significant degradation of the 
    overall containment integrity. As a result, the application of the 
    regulation in these particular circumstances is not necessary to 
    achieve the underlying purpose of the rule.
        Based on generic and plant specific data, the NRC staff finds the 
    basis for North Atlantic's proposed exemption to allow a one-time 
    exemption to permit a schedular extension of one cycle for the 
    performance of the Appendix J Type A test to be acceptable provided 
    that the general containment inspection is performed.
        Pursuant to 10 CFR 51.32, the Commission has determined that 
    granting this Exemption will not have a significant impact on the 
    environment (60 FR 27569).
        This Exemption is effective upon issuance and shall expire at the 
    completion of the fifth refueling outage, presently expected to start 
    in September 1997.
    
        Dated at Rockville, Maryland, this 25th day of May 1995.
    
        For the Nuclear Regulatory Commission.
    John A. Zwolinski,
    Acting Director, Division of Reactor Projects--I/II, Office of Nuclear 
    Reactor Regulation.
    [FR Doc. 95-13357 Filed 5-31-95; 8:45 am]
    BILLING CODE 7590-01-M
    
    

Document Information

Published:
06/01/1995
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
95-13357
Pages:
28633-28634 (2 pages)
Docket Numbers:
Docket No. 50-443 (License No. NPF-86)
PDF File:
95-13357.pdf