[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13250]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-316]

 

Indiana Michigan Power Co. (DC Cook 2); Exemption

I

    Indiana Michigan Power Company (the licensee) is the holder of 
Facility Operating License No. DPR-74 which authorizes operation of the 
Donald C. Cook Unit 2 Nuclear Plant at steady-state reactor power 
levels not in excess of 3411 megawatts thermal. The Cook 2 facility is 
a pressurized water reactor located at the licensee's site in Berrien 
County, Michigan. The license provides, among other things, that it is 
subject to all rules, regulations, and Orders of the Nuclear Regulatory 
Commission (the Commission) now or hereafter in effect.

II

    Section 50.54(o) of 10 CFR part 50 requires that primary reactor 
containments for water cooled power reactors be subject to the 
requirements of appendix J to 10 CFR part 50. Appendix J contains the 
leakage test requirements, schedules, and acceptance criteria for tests 
of the leak tight integrity of the primary reactor containment and 
systems and components which penetrate the containment.
    Paragraph III.D.2.(a) of appendix J to 10 CFR part 50 requires, in 
part, that Type B tests, except tests for air locks, shall be performed 
during reactor shutdown for refueling, or other convenient intervals, 
but in no case at intervals greater than 2 years. Type B tests are 
intended to detect local leaks and to measure leakage across each 
pressure-containing or leakage-limiting boundary for certain reactor 
containment penetrations.
    Paragraph III.D.3. of appendix J to 10 CFR part 50 requires that 
Type C tests shall be performed during each reactor shutdown for 
refueling but in no case at intervals greater than 2 years. Type C 
tests are intended to measure containment isolation valve leakage rates 
for certain containment isolation valves.
    Pursuant to 10 CFR 50.12(a), the NRC may grant exemptions from the 
requirements of the regulations (1) which are authorized by law, will 
not present an undue risk to the public health and safety, and are 
consistent with the common defense and security; and (2) where special 
circumstances are present.

III

    By letter dated March 9, 1994, and supplemented April 13, 1994, the 
licensee requested a one-time exemption from the requirements of 10 CFR 
part 50, appendix J, III.D.2.(a) and III.D.3 for a period of 150 days 
for the testing of Type B and C penetrations.
    The underlying purpose of the requirement to perform Type B and 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 historical 
data at Cook any incremental increase in leakage because of the 
extension would be expected to be small. Corrective actions taken for 
several Type C valves that were found with excessive leakage in 1992 
provide increased assurance that these components will perform their 
safety function. In addition, recent as-found leak rates, which were 
only a small fraction above the previous as-left leak rates, have been 
30 percent of the established reference leak rates. Therefore, since 
the extension is relatively short compared to the 2-year test interval 
requirement, it is unlikely that substantial degradation of the 
containment components leading to the failure of the containment to 
perform its safety function would occur. As a result, the application 
of the regulation in the particular circumstances is not necessary to 
achieve the underlying purpose of the rule.

IV

    Based on the above, the NRC staff has concluded that the licensee's 
proposed increase of the 2-year time interval for performing Type B and 
C containment leak rate tests will not present an undue risk to the 
public health and safety and is consistent with the common defense and 
security. The NRC staff has determined 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.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, this exemption as described in section III above 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 in that application of the regulation in 
the particular circumstances is not necessary to achieve the underlying 
purpose of the rule.
    Therefore, the Commission hereby grants a one-time exemption as 
described in section III above from the requirement in 10 CFR part 50, 
appendix J, III.D.2.(a) and III.D.3. to extend the allowed interval 
between the performance of Type B and C containment leak tests by 150 
days.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
environment (59 FR 22870).
    This exemption is effective upon issuance.

    For The Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 24th day of May 1994.
Jack W. Roe,
Director, Division of Reactor Projects--III/IV Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-13250 Filed 5-31-94; 8:45 am]
BILLING CODE 7590-01-M