[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