[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 419-420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-147]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341]


Detroit Edison Co., (Fermi 2); Exemption

I
    Detroit Edison Company (the licensee) is the holder of Facility 
Operating License No. NPF-43, which authorizes operation of the Enrico 
Fermi Atomic Power Plant, unit 2 (the facility). The facility is a 
boiling water reactor located at the licensee's site in Monroe County, 
Michigan. This license provides, among other things, that the facility 
is subject to all rules, regulations, and orders of the U.S. Nuclear 
Regulatory Commission (the Commission) now or hereafter in effect.
II
    By letter dated September 1, 1995, the licensee requested, pursuant 
to 10 CFR 50.12(a), a one-time schedular exemption for Fermi, unit 2, 
from the local leak rate test intervals for types B and C leak rate 
tests required by 10 CFR part 50, appendix J, sections III.D.2(a) and 
III.D.3. types B and C tests are associated with leakage testing of 
bellows, manway gasket seals, flanges, and containment isolation 
valves. The purpose of the tests is to assure that leakage through 
primary reactor containment does not exceed allowable leakage rate 
values as specified in the Technical Specifications and that periodic 
surveillance is performed. Sections III.D.2(a) and III.D.3 require, in 
part, that types B and C tests be performed at intervals no greater 
than 2 years. The licensee has proposed a one-time exemption to allow a 
25-percent extension to the 2-year testing interval.
    The exemption is requested to support a revised outage schedule and 
to avoid the potential for a forced reactor shutdown. If a forced 
outage is imposed to perform testing, it would present undue hardship 
and cost in the form of increased radiological exposure. Furthermore, 
if a forced outage is imposed to perform the required testing, an 
additional plant shutdown and startup will be required.
III
    Due to a lengthy turbine outage and power ascension program, the 
licensee has deferred the 1996 refueling outage from March 1996 until 
September 1996. This will permit targeted fuel burnup to be met so that 
cycle 6 operation can be conducted as planned. However, the 2-year 
interval for performing types B and C tests expires in April 1996. 
Since these tests cannot be performed when the plant is at power, 
performance of these tests to meet the 2-year interval would 
necessitate a plant shutdown. Therefore, Detroit Edison has proposed a 
one-time exemption to allow a 25-percent extension to the testing 
interval. This will allow for a maximum types B and C test interval of 
30 months and will permit continued plant operation until the September 
27, 1996, outage date.
    The proposed exemption would add a one-time only 6-month extension 
to the appendix J test intervals for types B and C testing. As stated 
in 10 CFR part 50, appendix J, the purpose of the primary containment 
leak rate testing requirements is to ensure that leakage rates are 
maintained within the Technical Specification requirements and to 
assure that proper maintenance and repair is performed throughout the 
service life of the containment boundary components. The requested 
exemption is consistent with the intent of 10 CFR 50.12(a), in that it 
represents a one-time only schedular extension of short duration. The 
required leak tests will still be performed to assess compliance with 
Technical Specification requirements, albeit later, and to assure that 
any required maintenance or repair is performed. As noted in section 
III.D.2(a) of appendix J, it was intended that the testing be performed 
during refueling outages or other convenient intervals. Extending the 
appendix J intervals by a small amount to reach the next refueling 
outage will not significantly impact the integrity of the containment 
boundary, and therefore, will not significantly impact the consequences 
of an accident or transient in the unlikely event of such an occurrence 
during the 6-month extended period.
    Past Unit 2 local leak rate test data have, in general, 
demonstrated good leak rate test results. A combined Type B and C 
leakage rate was established by the licensee at the conclusion of the 
last refueling outage and a running total leakage is maintained during 
each operating cycle. This running total leakage rate is 73.81 standard 
cubic feet per hour, which is 41.5 percent of the limit of 0.6 La. 
Based on this margin, it is clear that extending the test interval a 
maximum of 6 months will not affect the overall integrity of the 
containment.
    On September 12, 1995, shortly after the licensee's submittal, the 
Commission approved amendments to 10 CFR Part 50, Appendix J, to adopt 
performance-oriented and risk based approaches to containment leakage 
testing. The new rule allows licensees the option of continuing to 
comply with the previous Appendix J or to adopt the new performance-
based standards. The new rule allows for extending the test intervals 
for up to 5 years for Type C tests and 10 years for Type B tests. 
Industry guideline NEI 94-01 provides a methodology for establishing 
test frequencies based on performance. An interval of 30 months is 
initially established (except for air locks), with provisions to 
increase the test intervals based on satisfactory performance. 
Additionally, an extension of up to 25-percent of the test interval 
(not to exceed 12 months) is allowed for scheduling purposes only. 
Thus, the licensee's proposal to extend the interval for Type B and C 
tests to a maximum of 30 months is within the most limiting test 
interval that is permitted by the new rule, i.e., 30 months plus 25-
percent extension for scheduling.
    As indicated, the revised Appendix J was not available when the 
licensee was preparing this exemption request. The option involving 
performance-oriented and risk-based approaches is strictly voluntary 
and the licensee is under no obligation to adopt it. Adoption of the 
new rule would require revisions to the technical specifications, 
additional training, a number of planning and scheduling changes, and a 
considerable amount of procedural modifications that are inconsistent 
with the time remaining before the April 1996 end date for the 2-year 
interval for Type B and C tests.
IV
    Based on the above, the staff concludes that the licensee's 
proposed extension of the test intervals for test components identified 
in its submittal is acceptable. This is a one-time exemption from the 
Type B and C test interval requirements as prescribed in Appendix J, 
and is intended to be in effect until the tests are performed during 
the fall 1996 refueling outage. This approval is based on the 

[[Page 420]]
assumption that all other tests will be conducted in accordance with 
the requirements of Appendix J.
    The Commission's regulations at 10 CFR 50.12 provide that special 
circumstances must be present in order for an exemption from the 
regulations to be granted. According to 10 CFR 50.12(a)(2)(ii), special 
circumstances are present whenever 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. 
As discussed above, the intent of Appendix J is to assure that 
containment leakage does not exceed technical specifications limits, 
and the staff finds that this small interval extension will not 
significantly affect that assurance. To require a shutdown solely for 
surveillance testing is not necessary to achieve the underlying purpose 
of the rule.
    Accordingly, the Commission has determined, pursuant to 10 CFR 
50.12, that this exemption is authorized by law and will not present an 
undue risk to the public health and safety, and is consistent with the 
common defense and security. The Commission further determines that 
special circumstances as provided in 10 CFR 50.12(a)(2)(ii) are present 
in that application of the regulation in these particular circumstances 
is not necessary to achieve the underlying purpose of the rule. 
Therefore, the Commission hereby grants the exemption from 10 CFR Part 
50, Appendix J, Sections III.D.2(a) and III.D.3 to the extent that the 
Appendix J test interval for performing Type B and Type C tests may be 
extended by 25 percent until the fall 1996 refueling outage, on a one-
time only basis, for Fermi 2, as described in Section III above.
    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 (60 FR 61576). 

    Dated at Rockville, Maryland this 18th day of December 1995.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects--III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 96-147 Filed 1-4-96; 8:45 am]
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