[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24343]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]

 

The Cleveland Electric Illuminating Company, Centerior Service 
Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania 
Power Company, and, Toledo Edison Company; Exemption

I

    The Cleveland Electric Illuminating Company, Centerior Service 
Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania 
Power Company, and, Toledo Edison Company (the licensees) hold Facility 
Operating License No. NPF-58, which authorizes operation of the Perry 
Nuclear Power Plant (PNPP), Unit No. 1. The license provides, among 
other things, that the facility is subject to all rules, regulations 
and orders of the Nuclear Regulatory Commission (the Commission) now or 
hereafter in effect. This facility is a boiling water reactor located 
on the shore of Lake Erie in Lake County, Ohio, approximately 35 miles 
northeast of Cleveland, Ohio, and approximately 23 miles southwest of 
Ashtabula, Ohio.

II

    Subsection (a) of 10 CFR 70.24, ``Criticality Accident 
Requirements,'' requires that each licensee authorized to possess 
special nuclear material shall maintain in each area where such 
material is handled, used, or stored, an appropriate criticality 
monitoring system. In accordance with Subsection (a)(1) of 10 CFR 
70.24, coverage of all such areas at PNPP, Unit No. 1, shall be 
provided by two criticality detectors. However, exemptions may be 
requested pursuant to 10 CFR 70.24(d), provided that the licensee 
believes that good cause exists for the exemption. In particular, 
Regulatory Guide 8.12, Revision 2, ``Criticality Accident Alarm 
System,'' states that it is appropriate to request an exemption from 10 
CFR 70.24 if an evaluation determines that a potential for criticality 
does not exist, as for example where geometric spacing is used to 
preclude criticality.
    By letter dated February 28, 1992, the license requested an 
exemption from the requirements of 10 CFR 70.24. A previous exemption 
from the provisions of 10 CFR 70.24 for the storage of special nuclear 
material, including reactor fuel assemblies (maximum amount of 2,602 kg 
of U-235 in uranium enriched to no more than 3.00 weight percent (w/
o)), was granted to PNPP in NRC Material License No. SNM-1928. The 
materials license was issued on March 7, 1985, and expired upon 
conversion of the construction permit to an operating license on 
November 13, 1986. The bases for the current exemption request is the 
same as for the original 1985 request. Specifically, the licensees 
proposed to handle and store unirradiated fuel in the fuel handling 
building in the new fuel pool without having a criticality monitoring 
system with two separate criticality detectors as required by 10 CFR 
70.24.
    The bases for the exemption is that the potential for accident 
critically is precluded because of the geometric spacing of fuel in the 
storage pool and administrative controls imposed in fuel handling 
procedures from the time the fuel is removed from approved shipping 
containers, until it is placed in specially designed storage racks. 
Administrative control encompass placing the assemblies in the fuel 
inspection stand, receipt inspection activities, and lifting and 
placement of the assemblies into specified locations into the new fuel 
storage vaults. Design of the new fuel racks precludes criticality, 
i.e., an effective multiplication factor of 0.95 or less in the normal 
dry condition or abnormal completely water flooded condition. 
Criticality during optimal moderation (foam, small droplets, spray, or 
fogging) is precluded by storing new fuel assemblies in the new fuel 
vaults in alternate rows and columns. Administrative controls will 
prevent placement of each fuel assembly in adjacent storage cells. 
Restrictions on this exemption ensure that personnel are trained, 
equipment is operable, an assembly storage plan is developed, reviewed, 
and approved, and verification is undertaken by the Reactor Engineer or 
licensed Senior Reactor Operator at the completion of each fuel 
assembly transfer to ensure criticality is precluded. These 
restrictions are listed in the enclosure as items 1, 2, 3, and 4. 
Restriction 5 requires performing and maintaining criticality analyses 
documenting that the maximum effective multiplication factor for each 
fuel assembly does not exceed 0.95 when optimally moderated and fully 
reflected by water. Restriction 6 limits maximum fuel enrichment to 5 
w/o of U-235 independent of the results of analyses performed in 
accordance with Restriction 5. Fuel assemblies, when stored in their 
shipping containers, shall be stacked no more than three containers 
high (Restriction 7). No more than three fuel assemblies shall be 
outside their shipping containers or storage racks at any one time 
(Restriction 8). The minimum edge-to-edge distance between the group of 
three fuel assemblies and all other fuel assemblies shall be 12 inches 
(Restriction 9).
    Based upon the information provided, there is reasonable assurance 
that unirradiated fuel will remain subcritical because of the new fuel 
pool design and administrative controls. The special circumstances for 
granting an exemption to 10 CFR 70.24 are met because criticality is 
precluded with the present design configuration, Technical 
Specification requirements, and the restrictions placed upon the 
exemption. Therefore, the staff concludes that the licensee's request 
for an exemption from the requirements of 10 CFR 70.24 for unirradiated 
fuel in the fuel handling building is acceptable and should be granted. 
This exemption is subject to the restrictions listed in the enclosure.

III

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
70.24, an exemption is authorized by law and will not endanger life or 
property or the common defense and security and is otherwise in the 
public interest.
    Accordingly, the Commission hereby grants an exemption as described 
in Section II above from 10 CFR 70.24, ``Criticality Accident 
Requirements,'' such that the licensee is exempt from providing two 
criticality detectors. This exemption is subjection to the restrictions 
in the enclosure.
    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 47363).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, the 26th day of September 1994.
    For the Nuclear Regulatory Commission.

Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-24343 Filed 9-30-94; 8:45 am]
BILLING CODE 7590-01-M