[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27863]


[[Page Unknown]]

[Federal Register: November 10, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286]

 

Power Authority of the State of New York; Indian Point Nuclear 
Generating Unit No. 3; Exemption

I

    The Power Authority of the State of New York (the licensee) is the 
holder of Facility Operating License No. DPR-64, which authorizes 
operation of the Indian Point Nuclear Generating Unit No. 3 (IP3). 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 September 29, 1994, the licensee requested an 
amendment to the Technical Specifications (TSs) that would allow 
Residual Heat Removal (RHR) containment isolation valves AC-732, AC-
741, AC-MOV-743, AC-MOV-744, and AC-MOV-1870 Type C local leak rate 
tests (LLRTs) to be performed during refueling outage (RFO) 9/10, 
scheduled for spring of 1996. 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 LLRTs of containment isolation valves.
    The licensee commenced operating on 24-month fuel cycles in August 
1992, instead of the previous 18-month fuel cycles, starting with fuel 
cycle 9. The requirements of 10 CFR Part 50, Appendix J, Paragraph 
III.D.3, indicate that Type C LLRTs must be performed during each 
reactor shutdown for refueling at intervals no greater than 2 years (24 
months). On January 12, 1993, the NRC staff issued an exemption that 
allowed Type C LLRTs to be performed at intervals up to 30 months, 
thus, permitting operating on a 24-month fuel cycle.
    Approximately 6 months after startup from RFO 8/9, IP3 began an 
extended unplanned nonrefueling outage. In November and December of 
1994, RHR containment isolation valves AC-732, AC-741, AC-MOV-743, AC-
MOV-744, and AC-MOV-1870 are due for their Type C LLRT. Currently, the 
interval for Type C testing of these valves is 30 months. Therefore, 
the licensee requested a one-time schedular exemption to allow Type C 
LLRTs of the above listed valves to be deferred until the 9/10 RFO, 
which is currently scheduled for the spring of 1996.
    By letter dated November 2, 1994, the licensee requested withdrawal 
of the proposed changes to the TSs and modified the exemption request. 
Specifically, the licensee requested that the exemption extend until 
the return to power following the current outage, which is defined as 
prior to Tavg exceeding 350 deg. F. The NRC staff granted the 
request for withdrawal of the proposed changes to the TSs in a letter 
dated November 3, 1994.

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 whenever application 
of the regulation in the particular circumstances is not necessary to 
achieve the underlying purpose of the rule.
    The CFR at 10 CFR part 50, Appendix J, Paragraphs 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 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 test to 
be conducted during scheduled refueling outages. The requirements to 
perform Type C LLRTs 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 1973. However, IP3, along with several other facilities, 
are utilizing core designs which allow operation on a 24-month cycle. 
In January 12, 1993, the NRC staff issued an exemption that allowed 
Types B and C LLRTs to be performed at intervals up to 30 months, thus, 
permitting operation on a 24-month fuel cycle.
    The licensee commenced operating on 24-month fuel cycles, instead 
of the previous 18-month fuel cycles, starting with fuel cycle 9. Fuel 
cycle 9 started in August 1992. Approximately 6 months after startup 
from 8/9 RFO, IP3 began an extended unplanned nonrefueling outage. 
Startup from the outage is currently expected for early 1995. After 
startup from the current outage, the plant expects to run until its 
next FRO 9/10 which is scheduled to begin in spring of 1996. In 
November and December of 1994, RHR containment isolation valves AC-732, 
AC-741, AC-MOV-743, AC-MOV-744, and AC-MOV-1870 are due for their Type 
C LLRT.
    Currently, the interval for Type C testing of these valves is 30 
months. These LLRTs are normally performed during a refueling outage 
when the reactor is defueled and the RHR system is not providing a 
source of cooling water. The current outage is a nonrefueling outage; 
therefore, the reactor is not defueled and RHR system is providing core 
cooling water. The licensee's procedure and the system design require 
the RHR system to be out of service in order to perform the LLRTs. The 
licensee has requested a one-time schedular exemption to allow Type C 
LLRTs of the above listed valves to be deferred to provide additional 
time to finalize plans to accomplish this testing.
    The NRC staff has reviewed the LLRT data provided by the licensee 
as well as methodology used by the licensee to extrapolate LLRT data to 
a 30-month test interval and the staff concludes that there is 
reasonable assurance that the containment leakage rate would be 
maintained within acceptable limits with a one-time LLRT interval 
increase until the return to power following the current outage, which 
is defined as prior Tavg exceeding 350  deg.F. As a result, the 
application of the regulation in the particular circumstances is not 
necessary to achieve the underlying purpose of the rule. Thus, there 
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 are 
authorized by law, will not endanger life or property, and are 
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 Power Authority of the State of New York is exempt from the 
requirement of 10 CFR part 50, Appendix J, Paragraph III.D.3, in 
that the interval for Type C tests of RHR containment isolation 
valves AC-732, AC-741, AC-MOV-743, AC-MOV-744, and AC-MOV-1870 may 
be extended until the return to power following the current outage 
at Indian Point Nuclear Generating Unit No. 3, which is defined as 
prior to Tavg exceeding 350  deg.F.

    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 54478).
    This exemption is effective upon issuance.

    Dated at Rockeville, Maryland, this 4th day of November, 1994.

    For the Nuclear Regulatory Commission.
Frederick J. Hebdon,
Acting Director, Division of Reactor Projects--I/II, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-27863 Filed 11-9-94; 8:45 am]
BILLING CODE 7590-01-M