[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15752]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-247]

 

Consolidated Edison Co. of New York, Inc.; Indian Point Nuclear 
Generating Unit No. 2 Exemption

I

    The Consolidated Edison Company of New York, Inc. (the licensee) is 
the holder of Facility Operating License No. DPR-26. which authorizes 
operation of the Indian Point Nuclear Generating Unit No. 2 (IP2). The 
license provides, among other things, that the licensee is subject to 
all rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (the Commission) now or hereafter in effect.
    The facility consists of a pressurized water reactor at the 
licensee's site located in Westchester County, New York.

II

    By letter dated January 28, 1994, the licensee requested an 
amendment to the Technical Specifications (TSs) that would allow 
containment isolation valve leak rate tests to be performed at 
intervals up to 30 months. In addition, the licensee's letter requested 
an exemption from the requirements of the Code of Federal Regulations 
(CFR) since 10 CFR Part 50, Appendix J, Paragraph III.D.3, requires 
that licensees perform Type C tests during each reactor shutdown for 
refueling but in no case at intervals greater than 2 years. Type C 
tests are tests that measure containment isolation valve leakage rates.
    The licensee commenced operating on 24-month fuel cycles, instead 
of the previous 18-month fuel cycles, with fuel cycle 12. Fuel cycle 12 
started in April 1993. In order to conform with the requirements of 10 
CFR Part 50, Appendix J, Paragraph III.D.3, the licensee could be 
required to shutdown IP2 and enter a forced outage prior to the next 
scheduled refueling outage. The next refueling outage is scheduled to 
commence in the February 1995 time frame.

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 and 
safety, and are consistent with the common defense and security and (2) 
when special circumstances are present. According to 10 CFR 
50.12(a)(2)(ii), special circumstances are present when, ``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 CFR at 10 CFR Part 50, Appendix J, Paragraph III.D.3, states: 
``Type C tests shall be performed during each reactor shutdown for 
refueling but in no case at intervals greater than 2 years.* * *'' The 
underlying purpose of the requirement to perform Type B and Type C 
containment leak rate tests of 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 
requirement to perform Type C leak rate tests at intervals no greater 
than 2 years presumed the 2-year time interval was adequate to 
accommodate the 12-month fuel cycles which were common when Appendix J 
to 10 CFR Part 50 was published in 1993. However, IP2, along with other 
facilities, is utilizing a core design which allows operation on a 24-
month cycle.
    The NRC staff recognized that the current 2-year intervals for Type 
C leak rate tests would likely require a facility to shutdown to 
perform these tests before completion of the facility's 24-month fuel 
cycle. Consequently, the NRC staff issued Generic Letter (GL) 91-04, 
``Changes in Technical Specification Surveillance Intervals to 
Accommodate a 24-Month Fuel Cycle.'' This GL provides guidance to 
licensees on how to prepare requests for TS amendments and CFR 
exemptions which are needed to accommodate a 24-month fuel cycle. 
Enclosure 3 to GL 91-04 indicated, in part, that two issues should be 
addressed to justify extending the 2-year Type C test interval: (1) a 
possible reduction in the combined leakage limit for Types B and C 
tests and (2) the basis for concluding that the containment leakage 
rate would be maintained within the acceptable limits with a Type C 
test interval of up to 30 months. The licensee's letter of January 28, 
1994, addressed both of these issues.
    The first issue is a reduction in the combined containment 
penetration and isolation valve leakage rate limit for Types B and C 
tests which increases the margin to the maximum allowable leakage rate. 
The maximum allowable leakage rate, which is referred to as La, is 
specified in the facility's TSs. The acceptance criterion for Types B 
and C leak rate tests is that the combined leakage rate shall be less 
than 0.60 La. This constitutes a margin of 0.40 La (40 
percent of La). Enclosure 3 to GL 91-04 states, in part, that in 
order to justify an exemption to the Appendix J requirements and extend 
Type C test intervals up to 30 months, licensees should either: (1) use 
leak rate test data to demonstrate that the margin of 0.40 La will 
not be reduced as a result of the test interval increase or (2) propose 
an acceptance criterion limit of less than 0.60 La change. The 
licensee has proposed an acceptance criterion limit of 0.50 La for 
IP2. This constitutes a 25 percent increase in margin (40 percent to 50 
percent). The staff has reviewed the proposed reduction in the combined 
leakage rate limit to 0.50 La and finds that it is consistent with 
the recommendations of Enclosure 3 to GL 91-04 and is, therefore, 
acceptable.
    The second issue is the basis for concluding that containment 
leakage would be maintained within acceptable limits with a Type C test 
interval of up to 30 months. Eleven leak rate tests have been performed 
at IP2 since the beginning of commercial operation. The first three 
tests (1976, 1978, and 1979) did not meet the allowable leakage limit 
due to excessive leakage from several valves which were subsequently 
repaired and retested. The as-found results of the next eight tests 
were below the allowable leakage limit. The licensee has concluded that 
there has been a noticeable downward trend in the as-found valve 
leakage over the last seven years. The as-found value for testing 
during the 1993 refueling outage was 9.093 La. The NRC staff has 
considered the test result information provided by the licensee and 
concluded that there is reasonable assurance that containment leakage 
rate would be maintained within acceptable limits with a Type C test 
interval of up to 30 months.
    Therefore, the application of the regulation in the particular 
circumstances is not necessary to achieve the underlying purpose of the 
rule. Thus, these are special circumstances present which satisfy the 
requirements of 10 CFR 50.12(a)(2)(ii).

IV

    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12, that (1) the exemption as described in Section III is authorized 
by law, will not endanger life or property, and is otherwise in the 
public interest and (2) special circumstances exist pursuant to 10 CFR 
50.12(a)(2)(ii). Therefore, the Commission hereby grants the following 
exemption:
    The Consolidated Edison Company of New York, Inc. is exempt from 
the requirement of 10 CFR Part 50, Appendix J, Paragraph III.D.3, in 
that the interval for Type C tests may be extended greater than 2 years 
but in no case greater than 30 months for the Indian Point Nuclear 
Generating Unit No. 2.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (59 FR 25130).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of June 1994.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director of Reactor Projects--I/II Office of Nuclear Reactor 
Regulation.
[FR Doc. 94-15752 Filed 6-28-94; 8:45 am]
BILLING CODE 7590-01-M