97-15516. In the Matter of Vermont Yankee Nuclear Power Corporation; (Vermont Yankee Nuclear Power Station) )  

  • [Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
    [Notices]
    [Pages 32386-32387]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-15516]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-271]
    
    
    In the Matter of Vermont Yankee Nuclear Power Corporation; 
    (Vermont Yankee Nuclear Power Station) )
    
    Exemption
    
        The Vermont Yankee Nuclear Power Corporation (the licensee) is the 
    holder of Facility Operating License No. DPR-28, which authorizes 
    operation of the Vermont Yankee Nuclear Power Station (the facility) at 
    power levels no greater than 1593 megawatts thermal. The facility is a 
    single-unit boiling-water
    
    [[Page 32387]]
    
    reactor located at the licensee's site in Windham County, Vermont.
        The License provides, among other things, that the Vermont Yankee 
    Nuclear Power Station is subject to all rules, regulations, and orders 
    of the Nuclear Regulatory Commission (the Commission) now or hereafter 
    in effect.
    
    II.
    
        On November 19, 1980, the Commission published a revised Section 10 
    CFR 50.48 and a new Appendix R to 10 CFR Part 50 regarding fire 
    protection features of nuclear power plants. The revised Section 50.48 
    and Appendix R became effective on February 17, 1981. Section III of 
    Appendix R contains 15 subsections, lettered A through O, each of which 
    specifies requirements for a particular aspect of the fire protection 
    features at a nuclear power plant. Subsection III.G is the subject of 
    the licensee's exemption request. Paragraph III.G.2.c of Section III.G, 
    ``Fire Protection of Safe Shutdown Capability,'' of Appendix R to 10 
    CFR part 50, requires the following:
        Enclosure of cable and equipment and associated non-safety circuits 
    of one redundant train in a fire barrier having a 1-hour fire rating. 
    In addition, fire detectors and an automatic fire suppression system 
    shall be installed in the fire area.
        The licensee requested an exemption from these requirements to 
    allow the use of fire-resistant cables in the cable vault instead of 
    enclosing the cables in fire barriers having a 1-hour fire resistance 
    rating. An exemption is needed because the Firezone R cables do not 
    meet the literal requirements of the regulation. Installation of fire 
    detectors and an automatic fire suppression system is not part of this 
    exemption.
    
    III.
    
        By letter dated May 28, 1996, as supplemented by letters dated July 
    26 and November 15, 1996, the licensee requested an exemption from 
    Section III.G of Appendix R. In particular, the licensee requested an 
    exemption from the requirements of Section III.G.2.c to allow the use 
    of fire-resistant cables instead of enclosing the cables in fire 
    barriers having a 1-hour fire resistance rating. The licensee proposed 
    to use Rockbestos Firezone R Appendix R fireproof cable to control 
    equipment that is necessary to ensure cooling of the corner room of the 
    Reactor Building in the event of a fire in the cable vault. The cables 
    of concern consist of four stainless steel steathed cables. The 
    Rockbestos Firezone R Appendix R fireproof cable has been tested by 
    Underwriters Laboratories (UL) Inc., in order to provide data on the 
    electrical characteristics of the fire resistant cable under controlled 
    fire exposure conditions and during an extended cool down period. The 
    staff concluded that the cables as they were installed were bounded by 
    the UL fire test, used to justify the 1-hour rating of the cables. 
    Based on the automatic detection and suppression systems provided for 
    the area, and fire brigade response for manual fire fighting 
    activities, there is reasonable assurance that postulated fires in the 
    Cable Vault would be detected, controlled, and extinguished prior to 
    temperatures rising to a level that could challenge structural support 
    capabilities of the fire resistant cables, cable tray network, and 
    overhead conduit. Following from the discussion above, and on the bases 
    of the same cable construction for the tested and installed cables, the 
    test results for the Firezone R cable as contained in the UL report, 
    and the installed and tested configurations for the cables, the staff 
    concludes that the installed Firezone R cables provide an equivalent 
    electrical functionality as would be provided by enclosing cables in a 
    1-hour fire rated barrier in the licensee's specific application. On 
    the basis of the staff's review of the information provided by the 
    licensee, the staff has concluded that the Firezone R cables proposed 
    by the licensee will remain functional during postulated fires at 
    Vermont Yankee and, therefore, postulated fires would not prevent plant 
    operators from achieving and maintaining safe shutdown. The staff 
    concluded, therefore, that the use of the Firezone R cables at Vermont 
    Yankee in lieu of a 1-hour fire-rated barrier satisfies the underlying 
    purpose of Section III.G.2.c of Appendix R to 10 CFR Part 50. 
    Therefore, the licensee's request for exemption from Section III.G.2.c 
    of Appendix R to 10 CFR part 50 should be granted.
    
    IV.
    
        Pursuant to 10 CFR 50.12(a)(2), the Commission will not consider 
    granting an exemption except under special circumstances. Under 
    subsection (a)(2)(ii), special circumstances are present whenever 
    application of the subject 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.
        The underlying purpose of Section III.G of Appendix R is to 
    establish fire protection features such that the plant will maintain 
    the ability to perform safe shutdown functions in the event of a fire. 
    The staff has reviewed the proposed alternative and has concluded, as 
    previously described, that use of Firezone R cables in lieu of a 1-hour 
    fire-rated barrier ensures that one train of systems that is necessary 
    to achieve and maintain hot shutdown is free of fire damage. Therefore, 
    the staff concludes that special circumstances exist for the licensee's 
    requested exemption in that imposition of the literal requirements of 
    the regulation in these particular circumstances is not necessary to 
    achieve the underlying purpose of Appendix R to 10 CFR part 50.
        Accordingly, the Commission has determined that pursuant to 10 CFR 
    50.12(a)(2)(ii), special circumstances exist in that use of Firezone R 
    cables in lieu of a 1-hour fire-rated barrier in the cable vault 
    satisfies the underlying purpose of Appendix R to 10 CFR part 50. 
    Further, the staff has concluded that the requested exemption 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 the exemption request from the 
    requirements of Section III.G of Appendix R to 10 CFR Part 50 described 
    in Section III above.
        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 (62 FR 30357).
        This exemption is effective upon issuance.
    
        Dated at Rockville, Maryland, this 9th day of June 1997.
    
        For the Nuclear Reactor Regulation.
    Samuel J. Collins,
    Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-15516 Filed 6-12-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
06/13/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-15516
Pages:
32386-32387 (2 pages)
Docket Numbers:
Docket No. 50-271
PDF File:
97-15516.pdf