[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Notices]
[Pages 39975-39976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19199]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]


Duquesne Light Company, Ohio Edison Company, Pennsylvania Power 
Company, The Cleveland Electric Illuminating Company, The Toledo Edison 
Company (Beaver Valley Power Station, Units 1 and 2); Exemption

I

    Duquesne Light Company, et al. (the licensee), is the holder of 
Operating License Nos. DPR-66 and NPF-73, which authorize operation of 
the Beaver Valley Power Station, Units Nos. 1 and 2, at steady state 
reactor core power levels not in excess of 2652 megawatts thermal (per 
unit). The licenses provide, 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 facilities are two pressurized water reactors located at the 
licensee's site in Beaver County, Pennsylvania

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 for the primary reactor containment and 
systems and components which penetrate the containment.
    Section III.D.2(b)(ii) of appendix J to 10 CFR part 50 requires 
that an overall air lock Type B test shall be performed on air locks 
opened during periods when containment integrity is not required by the 
plant's Technical Specifications at the end of such periods at not less 
than Pa (the calculated peak containment internal pressure related 
to the design basis accident and specified either in the technical 
specification or associated bases). The overall air lock Type B tests 
are intended to detect local leaks and measure leakage across each 
pressure-containing or leakage-limiting boundary of the air locks.

III

    By letter dated February 4, 1994, the licensee requested an 
exemption to the requirements of Section III.D.2(b)(ii) of 10 CFR part 
50, appendix J. The proposed exemption would permit local leak rate 
testing to be substituted for an overall air lock leakage test where 
the design permits. The exemption would be applicable to only those air 
lock components which are designed to be local leakage rate tested at a 
pressure of at least Pa. The leakage rate of each component would 
then be measured and verified to be within acceptable limits (i.e., 
containment leakage would be limited such that offsite radiation 
exposures will not exceed the guidelines of 10 CFR part 100 in the 
event of a design basis accident).
IV

    The licensee presented information in support of its request for an 
exemption from the requirements of section III.D.2(b)(ii) of appendix J 
to 10 CFR part 50. The proposed exemption would allow maintenance to be 
performed on the air lock that could affect its sealing capability 
without requiring performance of the overall air lock leakage test. The 
licensee indicated that performance of the overall air lock test is 
very time consuming and results in additional occupational radiation 
exposure. The proposed exemption would allow local leakage testing to 
be substituted for the overall air lock leakage test when the design of 
the components permits local leakage rate testing at a pressure of at 
least Pa. A leakage rate would then be measured in accordance with 
the requirements of appendix J. The typical air lock components which 
could be tested in this manner are components such as the o-ring seals 
on the personnel air lock door(s), the mechanical penetrations for the 
18-inch escape hatches, and the equalizing valves located on each of 
the air lock doors. 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 airlock Type B testing is to ensure that 
each containment air lock will perform its safety function as part of 
the containment to control offsite radiation exposure resulting from a 
design basis accident. The proposed local leakage testing is sufficient 
to achieve the underlying purpose of the requirements of 10 CFR part 
50, appendix J, section III.D.2(b)(ii) because it provides adequate 
assurance of the continued leak-tight integrity of the air lock(s). As 
a result, the application of the regulation in the particular 
circumstances is not necessary to achieve the underlying purpose of the 
rule.
    With respect to the requirements of 10 CFR 50.12(a)(1), the NRC 
staff has concluded that the requested action is authorized by law in 
that no prohibition of law exists which would preclude the activities 
which would be authorized by the exemption. In addition, for the 
reasons discussed above, the NRC staff has determined that the 
requested exemption does not present an undue risk to the public health 
and safety, is 

[[Page 39976]]
consistent with the common defense and security and that there are 
special circumstances present, as specified in 10 CFR 50.12(a)(2)(ii).

V

    Based on the above, the NRC staff finds the requested exemption, to 
allow local leak rate testing to be substituted for an overall air lock 
leakage test where the design permits, acceptable. Accordingly, the 
Commission has determined that, pursuant to 10 CFR 50.12(a), the 
requested 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. The Commission finds that the special 
circumstances as required by 10 CFR 50.12(a)(2)(ii) are present.
    An exemption is hereby granted from the requirements of section 
III.D.2(b)(ii) of appendix J to 10 CFR part 50, which requires an 
overall leakage test of air locks opened during periods when 
containment integrity is not required by the plant's Technical 
Specifications at the end of such periods at a pressure of not less 
than Pa. Local leak rate testing shall be substituted for the 
overall leakage test whenever this exemption is utilized.
    Pursuant to 10 CFR 51.32, the Commission has determined that 
granting of this exemption will have no significant impact on the 
quality of the human environment (60 FR 30611).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 26th day of July 1995.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-19199 Filed 8-3-95; 8:45 am]
BILLING CODE 7590-01-M