[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Pages 37691-37692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17996]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-298]


In the Matter of: Nebraska Public Power District (Cooper Nuclear 
Station); Exemption

I

    Nebraska Public Power District (the licensee) is the holder of 
Facility Operating License No. DPR-46, which authorizes operation of 
the Cooper Nuclear Station (CNS) at power levels not in excess of 2381 
megawatts thermal. The facility consists of a boiling water reactor at 
the licensee's site in Nemaha County, Nebraska. The operating license 
provides, among other things, that CNS is subject to all rules, 
regulations, and orders of the Commission now or hereafter in effect.

II

    Section 50.54(o) of 10 CFR Part 50 requires that primary reactor 
containments for water-cooled power reactors be subject to the 
requirements of Appendix J to 10 CFR Part 50. Appendix J contains the 
leakage test requirements, schedules and acceptance criteria for tests 
of the leak tight integrity of the primary reactor containment and 
systems and components which penetrate the containment.
    Section III.D.2(a) of Appendix J to 10 CFR Part 50 requires that 
Type B leak rate tests, except for airlocks, be performed during 
reactor shutdown for refueling, or at other convenient intervals, but 
in no case at intervals greater than two years. Type B tests are 
intended to detect local leaks and to measure leakage across each 
pressure-containing or leakage-limiting boundary for certain reactor 
containment penetrations.
    NRC regulations in 10 CFR 50.12(a) provide for specific exemptions 
from the requirements of the regulations 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.

III

    By letter dated December 27, 1994, the licensee requested a one-
time exemption from the requirements of Appendix J, Section III.D.2(a) 
of the drywell head and manport penetrations. The requested exemption 
for an extension of the 2-year surveillance interval would allow these 
penetrations to be tested at the next refueling outage,

[[Page 37692]]
scheduled to commence on October 13, 1995. The current 2-year interval 
ends on July 17, 1995, when the plant is expected to be at power. The 
current operating cycle for the CNS commenced on August 1, 1993, and 
has included an extended, unplanned outage of nearly nine months (May 
25, 1994, through February 21, 1995). This factor, along with the 
anticipated load demand and fuel capacity, have resulted in the 
rescheduling of the next refueling outage to October 1995.
    During the unplanned outage, the licensee evaluated the schedule 
for performing the required Type B and C local leak rate tests (LLRTs) 
to ensure that all of these tests would be performed within the 
Technical Specification and 10 CFR part 50, Appendix J 2-year maximum 
surveillance interval. As a result of this evaluation, the licensee 
determined that only two LLRTs would come due when anticipated plant 
conditions could prohibit performance of the test. These are the Type B 
LLRTs required for both the drywell head and manport (penetrations DWH 
and X-4 respectively), which are currently due July 17, 1995. During 
reactor power operation, the extreme radiation environment prohibits 
personnel from performing the subject LLRTs or any of the activities 
(removal and replacement of the shield blocks on the refueling floor) 
associated with these tests. The subject LLRTs are normally performed 
during refueling outages. Therefore, the licensee would have to 
initiate a reactor shutdown solely for the purpose of conducting the 
subject Type B tests in order to comply with the current schedular 
requirement.
    The licensee provided additional information to support the 
requested exemption and to address the requirements of 10 CFR 50.12, 
``Specific Exemptions.'' With respect to the requirements of 10 CFR 
50.12(a)(1), the licensee states that the exemption will not present an 
undue risk to the public health and safety based on the following 
reasons:

    The drywell head and manport (X-4) have never failed an as found 
LLRT.
    The drywell head seal is made from a 45  5 durometer 
silicone rubber compound. Environmental conditions such as heat and 
radiation cause degradation in silicone compounds. It is reasonable 
to conclude that less degradation can be expected due to the 
extended shutdown and subsequent lower temperature and radiation 
levels experienced by the seals.
    The drywell head and manport penetrations are not active 
components, and therefore, are not subject to active failure 
criteria.

    With respect to the requirements of 10 CFR 50.12(a)(2)(ii), the 
licensee states that application of the regulation in this particular 
circumstance is not necessary to achieve the underlying purpose of the 
rule. The licensee indicates that the rule states that testing be 
conducted during reactor shutdown for refueling or other convenient 
intervals. The extend forced outage was not a convenient interval for 
performing the two Type B tests, as it was not a scheduled refueling 
outage and the significant effort in preparing for and performing the 
tests normally done in concert with other refueling activities was not 
planned for. The licensee also states that the intent of the regulation 
is to assure performance of LLRTs after every two years of full power 
operation, and that, due to the extended forced outage, CNS will not 
have operated at full power for two years between the performance of 
the LLRTs. Therefore, the licensee maintains that the time extension 
for performing the tests does not conflict with the intent of the 
regulation.
    The NRC staff has evaluated the licensee's exemption request and 
has determined that the licensee has provided adequate technical 
justification for the requested exemption and has demonstrated that 
special circumstances exist, in accordance with 10 CFR 50.12(a)(2). 
Specifically, the two subject penetrations have never failed their Type 
B tests since CNS commenced commercial operation in 1974; therefore 
there is a high degree of confidence in the leak tight integrity of 
those penetrations. Based on the licensee's schedule, the requested 
exemption would allow continued power operation without leak testing 
the penetrations for less than three months until the plant is shut 
down for refueling; in the cold shutdown condition, primary containment 
integrity is not required. The subject tests would then be performed 
prior to startup from the refueling outage. Based on the test history 
of these penetrations and the brief period of operation anticipated 
before shutdown, the staff concludes that the exemption request is 
justified.
    In addition, the staff concludes that the licensee has demonstrated 
that special circumstances exist in accordance with 10 CFR 
50.12(a)(2)(ii). Application of the regulation is not necessary to 
achieve the underlying purpose of the rule. The underlying purpose of 
conducting Type B tests is to detect local leaks and to measure leakage 
across each pressure-containing or leakage-limiting boundary for 
certain reactor containment penetrations. Type B tests on the subject 
penetrations will be performed in successive refueling outages not 
significantly beyond the 2-year interval and a convenient opportunity 
to conduct the testing was not otherwise available.

IV

    Accordingly, the Commission has determined that pursuant to 10 CFR 
50.12(a), the 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 and that the special circumstances required by 10 CFR 
50.12(a)(2) are present. An exemption is hereby granted from the 
requirement of Section III.D.2(a) of Appendix J to 10 CFR Part 50, 
which requires that Type B tests be performed during each reactor 
shutdown for refueling but in no case at intervals greater than two 
years, for the drywell head and manport (penetrations DWH and X-4 
respectively) at the CNS. The exemption allows a one-time extension for 
the Type B testing of these penetrations from July 17, 1995, until the 
next refueling outage, scheduled to commence on October 13, 1995.
    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 36312). This exemption is 
effective upon issuance.

    Dated at Rockville, Maryland, this 17th day of July 1995.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 95-17996 Filed 7-20-95; 8:45 am]
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