[Federal Register Volume 59, Number 132 (Tuesday, July 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16819]
[[Page Unknown]]
[Federal Register: July 12, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-277]
In the Matter of: Philadelphia Electric Co. (Peach Bottom Atomic
Power Station, Unit 2)
Exemption
I
Philadelphia Electric Company (the licensee), is the holder of
Facility Operating License No. DPR-44, which authorizes operation of
the Peach Bottom Atomic Power Station (PBAPS), Unit 2. 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 and hereafter in effect.
The PBAPS, Unit 2 facility consists of a boiling water reactor
located in York County, Pennsylvania.
II
In its letter dated April 18, 1994, the licensee requested an
exemption from the Commission's regulations. The subject exemption is
from a requirement in Appendix J to 10 CFR Part 50 that Type B and C
containment penetration leak rate tests be performed at intervals no
greater than 2 years. The exemption would allow a one-time 60-day
extension of the 2-year requirement. Hence, this one-time exemption
would allow the licensee to perform the testing in Sections III.D.2.(a)
and III.D.3 during Unit 2's Cycle 10 refueling outage scheduled to
begin no later than September 24, 1994.
The licensee is utilizing a new core design at PBAPS, Unit 2, which
allows the intervals between reactor shutdowns for refueling to extend
beyond the maximum allowable 2-year interval. Accordingly, the licensee
is unable to comply with the testing intervals specified in Appendix J
of 10 CFR Part 50. Prior to the current operating cycle, local leak
rate tests were performed in conjunction with an operating cycle of 18
months. The 18-month operating cycle was more conducive to the 2-year
testing interval.
Use of extended cycle core designs has been recognized as a growing
trend in the industry as discussed in the staff's Generic Letter 91-04,
``Changes in Technical Specification Surveillance Intervals to
Accommodate a 24-Month Fuel Cycle,'' dated April 2, 1991. The staff
previously granted the licensee two license amendments to allow PBAPS,
Unit 2 to perform selected surveillances on a 24-month interval (see
Amendment 169 dated August 19, 1992, and Amendment 179 dated August 2,
1993). However, the regulations cited by the licensee in the exemption
request have not yet been revised to reflect the use of a 24-month
operating cycle by some licensees. Therefore, the licensee has
requested an exemption in order to avoid a premature shutdown, which
would be needed to accomplish the testing, and also to properly
schedule the testing during the refueling outage.
III
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. Special circumstances are
present whenever, according to 10 CFR 50.12(a)(2)(ii), ``Application of
the 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 the requirement to perform Type B and
Type C containment leak rate tests at intervals not to exceed 2 years,
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 being unknown, and long
enough to allow the tests to be conducted during scheduled refueling
outages. This interval was originally published in Appendix J when
refueling cycles were conducted at approximately annual intervals and
has not been changed to reflect 18-month or 2-year operating cycles. It
is not the intent of the regulation to require a plant shutdown solely
for the purpose of conducting the periodic leak rate tests.
Based on the information presented in the licensee's application,
the proposed extended test interval would not result in a non-
detectable leakage rate in excess of the value established by 10 CFR
Part 50, Appendix J, or in any changes to the containment structure or
plant systems. Therefore, the containment integrity would be
maintained. As a result, the application of the regulation in the
particular circumstances is not necessary to achieve the underlying
purpose of the rule.
On this basis, the NRC staff finds that the licensee has
demonstrated that special circumstances are present as required by 10
CFR 50.12(a)(2)(ii). Since the licensee has justified the leaktight
integrity of the containment based on previous leakage test results,
the staff concludes that a one-time extension of no more than 60 days
beyond the 2-year permitted interval will not have a significant safety
impact. Therefore, the staff also finds that extending the interval
between tests will not present an undue risk to the public health and
safety.
IV
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, an exemption is authorized by law and will not endanger life or
property or the common defense and security and that there are special
circumstances present, as specified in 10 CFR 50.12(a)(2), such that
application of 10 CFR Part 50, Appendix J, Sections III.D.2(a) and
III.D.3 are not necessary in order to achieve the underlying purpose of
this regulation; and hereby grants the following exemption with respect
to the requirements of 10 CFR Part 50, Appendix J, Sections III.D.2.(a)
and III.D.3.
For the Peach Bottom Atomic Power Station, Unit 2, the testing
intervals specified in 10 CFR Part 50, Appendix J, Sections III.D.2.(a)
and III.D.3 are extended to allow the testing to be performed during
the Unit 2 cycle 10 refueling outage. This one-time extension is
granted for a maximum of 60 days from the 2 year interval required by
10 CFR Part 50, Appendix J, Sections III.D.2.(a) and III.D.3.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (59 FR 33312).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 5th day of July 1994.
For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor
Regulation.
[FR Doc. 94-16819 Filed 7-11-94; 8:45 am]
BILLING CODE 7590-01-M
