[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Notices]
[Pages 33875-33876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15965]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-445]


Texas Utilities Electric Company (Comanche Peak Steam Electric 
Station, Unit 1); Exemption

I

    Texas Utilities Electric Company (the licensee) is the holder of 
Facility Operating License No. NPF-87 for the Comanche Peak Steam 
Electric Station (CPSES), Unit No. 1. The license provides, among other 
things, that the licensee is subject to all rules, regulations, and 
orders of the Commission now or hereafter in effect.
    The facility consists of a pressurized water reactor at the 
licensee's site in Somervell County, Texas.

II

    The Code of Federal Regulations, 10 CFR 50.55a(f)(4)(ii), requires 
that inservice tests to verify operational readiness of pumps and 
valves, whose function is required for safety, conducted during 
successive 120-month intervals must comply with the requirements of the 
latest edition and addenda of Section XI of the ASME Boiler and 
Pressure Vessel Code incorporated by reference in paragraph (b) of 10 
CFR 50.55a, twelve months prior to the start of the 120-month interval.
    NRC regulations in 10 CFR 50.12(a) provide for specific exemptions 
from the requirements of the regulation in Part 50 if: (1) The 
exemption 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; and, (2) special circumstances are present. The regulations 
in, 10 CFR 50.12(a)(2)(ii) provide that special circumstances are 
present where 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 10 CFR 50.55a(f)(4)(ii) is to assure that 
inservice test (IST) programs are routinely updated to conform to 
advances in the industry in order to assure continued operability of 
pumps and valves required for safe operation.

III

    Pursuant to 10 CFR 50.12, the licensee requested on March 1, 1994, 
an exemption from the requirement of 10 CFR 50.55a(f)(4)(ii) which 
would allow the first periodic 120-month interval revision for the 
CPSES Unit I IST plan to be based on the Unit 2 commercial operation 
date (August 3, 1993). The first periodic interval for Unit 1 is 
currently based on the Unit 1 commercial operation date (August 13, 
1990). The staff had requested additional information to supplement the 
March 1, 1994, letter. The licensee provided the requested information 
in its letter dated August 12, 1994.
    CPSES Unit 1 and Unit 2 began commercial operation approximately 
three years apart and are therefore on different schedules for periodic 
IST program revisions. In order to maintain the consistency of the IST 
program between CPSES Units 1 and 2, the licensee intends to perform 
future 120-month program revisions for both units coincidently. The 
licensee proposes to accomplish this by performing all future IST 
program revisions for both units at 120-month intervals based on the 
Unit 2 commercial operation date. This would effectively extend the 
first test interval for Unit 1 from 120 months to approximately 156 
months.
    At the licensee's request, the NRC staff previously granted 
permission to use the later approved 1989 edition of American Society 
of Mechanical Engineers Boiler and Pressure Vessel Code (ASME) Section 
XI for the interval of inservice testing at CPSES Unit 2 and at the 
same time granted permission to update the Unit 1 IST program to the 
use of that same Code. Effectively, the pumps and valves at CPSES Units 
1 and 

[[Page 33876]]
2 are being tested to the requirements of a later Code edition that 
might otherwise not be required to be implemented until the year 2000 
for Unit 1 and the year 2003 for Unit 2. The changes to the 1989 
edition of ASME Section XI regarding pump and valve testing represent a 
substantial technical improvement over the 1986 edition not usually 
found from edition to edition. Since none of the IST test frequencies 
are directly tied to the 120-month interval, except for safety and 
relief valve testing, the test frequencies are unchanged and remain 
compliant with the committed edition of the code or as modified by 
approved relief requests. The schedule for safety and relief valves 
must be maintained on a five- or ten-year frequency; however, this can 
be accomplished even if both units are placed on a concurrent interval.
IV

    Therefore, based on these considerations, it is unlikely that the 
IST program for Unit 1 will not be updated such that there would be an 
increase in the risk of failure for operational readiness of pumps and 
valves whose function is required for the safety of Unit 1. Since the 
Unit 1 IST was updated to the Code edition required to support the 
commercial operation of Unit 2 on August 3, 1993, Unit 1 was 
effectively updated per 10 CFR 50.55a(f)(4)(ii) at that time. Thus, 
using that date as the start of the 120-month interval will achieve the 
underlying purpose of 10 CFR 50.55a(f)(4)(ii). However, as noted above, 
the licensee must maintain the safety and relief valve testing on a 5- 
and 10-year frequency, in accordance with American National Standards 
Institute (ANSI)/ASME OM-1, which is referenced in the 1989 edition of 
ASME Section XI as applicable for testing of safety and relief valves.
    Consequently, the Commission concludes that the special 
circumstances of 10 CFR 50.12(a)(2)(ii) exist in that application of 
the regulation in this particular circumstance is not necessary to 
achieve the underlying purpose of the rule.
    Further, it is advantageous for a facility with two similar units 
to implement an IST program which is consistent between units by 
testing each unit to the same Code edition and by scheduling 120-month 
program updates on each unit to coincide. CPSES Units 1 and 2 are 
similar units and the licensee has therefore attempted to capture these 
advantages through the use of one IST program which specifies the same 
test requirements for both units based on the same Code Edition.
    The advantages include a significant reduction in the 
administrative effort required in preparing periodic program updates, a 
corresponding reduction in the program review effort by the NRC staff 
and a reduction in the potential for personnel errors in the 
performance of testing requirements. Further, a significant unit 
difference is eliminated by applying the same Code requirements to the 
testing of both units. In addition, this exemption increases plant 
safety through simplification and standardization of plant testing 
procedures, does not present an undue risk to the public health and 
safety, and is consistent with the common defense and security.

V

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, this exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest and that the special circumstances required by 10 CFR 
50.12(a)(ii) are present. Therefore, the Commission hereby grants Texas 
Utilities Electric Company an exemption from those requirements of 10 
CFR 50.55a(f)(4)(ii) such that the CPSES Unit 1, periodic 120-month IST 
program interval revisions will be based on the Unit 2 commercial 
operation date (August 3, 1993).
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant effect on the 
quality of the human environment (60 FR 32356). This exemption is 
effective upon issuance.

    Dated at Rockville, Maryland, this 21st day of June 1995.

    For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Acting Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 95-15965 Filed 6-28-95; 8:45 am]
BILLING CODE 7590-01-M