[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48770-48771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24460]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281]


In the Matter of Virginia Electric and Power Company Surry Power 
Station, Unit Nos. 1 and 2; Exemption

    The Virginia Electric and Power Company (VEPCO, the licensee) is 
the holder of Facility Operating License Nos. DPR-32 and DPR-37, which 
authorize operation of the Surry Power Station (SPS), Unit Nos. 1 and 
2. The licenses provide, among other things, that the licensee is 
subject to all rules, regulations, and orders of the Nuclear Regulatory 
Commission (the Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors at the 
licensee's site located in Surry County, Virginia.

II

    Title 10 of the Code of Federal Regulations (10 CFR), Section 
20.1703, ``Use of individual respiratory protection equipment'' 
requires in subsection (a)(1) that `` * * * the licensee shall use only 
respiratory protection equipment that is tested and certified or had 
certification extended by the National Institute for Occupational 
Safety and Health/Mine Safety and Health Administration (NIOSH/MSHA).'' 
Further, 10 CFR 20.1703(c) requires that ``the licensee shall use as 
emergency devices only respiratory protection equipment that has been 
specifically certified or had certification extended for emergency use 
by NIOSH/MSHA,'' and 10 CFR Part 20, Appendix A, Protection Factors for 
Respirators, Footnote d.2 (d), states that `` * * * the protection 
factors apply for atmosphere-supplying respirators only when supplied 
with adequate respirable air. Respirable air shall be provided of the 
quality and quantity required in accordance with NIOSH/MSHA 
certification (described in 30 CFR part 11). Oxygen and air shall not 
be used in the same apparatus.'' By letter dated March 3, 1998, as 
supplemented May 5, 1998, the licensee requested an exemption from 
certain requirements of 10 CFR 20.1703(a)(1), 10 CFR 20.1703(c) and 10 
CFR Part 20, Appendix A, Footnote d.2 (d).
    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of the regulations in Part 20 if it determines that the 
exemption is authorized by law and would not result in undue hazard to 
life or property.

III

    The SPS 1&2 containments are designed to be maintained at 
subatmospheric pressure during power operations. The containment 
pressure can range from 9.0 to 11.0 pounds per square inch absolute 
(psia). This containment environment could potentially impact personnel 
safety due to reduced pressure and resulting oxygen deficiency. Such 
environment requires the use of a Self-Contained Breathing Apparatus 
(SCBA) with enriched oxygen breathing gas. The licensee initially 
purchased Mine Safety Appliances, Inc. (MSA) Model 401

[[Page 48771]]

open-circuit, dual-purpose, pressure-demand SCBAs constructed of brass 
components which were originally intended for use with compressed air. 
The licensee qualified the Model 401 cylinders for use with 35% oxygen/
65% nitrogen following the recommendations of the Compressed Gas 
Association's Pamphlet C-10, Recommended Procedures for Changes of Gas 
Service for Compressed Gas Cylinders, which established procedures to 
utilize these devices with an enriched oxygen mixture. The licensee is 
currently using these SCBAs with 35% oxygen/65% nitrogen instead of 
compressed air. The MSA Model 401 SCBA has received the NIOSH/MSHA 
certification for use with compressed air, but has not been tested for 
35% enriched oxygen applications. Using these SCBAs without the NIOSH/
MSHA certification covering such applications requires an exemption 
from 10 CFR 20.1703(a)(1), 10 CFR 20.1703(c) and 10 CFR Part 20, 
Appendix A, Protection Factors for Respirators, Footnote d.2.(d).

IV

    Pursuant to 10 CFR 20.1703(a)(2), SCBAs that have not been tested 
or certified or for which certification has not been extended by NIOSH/
MSHA require a demonstration by testing or reliable test information 
that the material and performance characteristics of the equipment are 
capable of providing the proposed degree of protection under 
anticipated conditions of use. VEPCO contracted with National 
Aeronautic and Space Administration's (NASA) White Sand Test Facility 
(WSTF) and Lawrence Livermore National Laboratory (LLNL) to conduct 
applicable oxygen compatibility testing. WSTF evaluated the 
compatibility of the MSA Custom 4500 SCBA (testing of the model ``MSA 
Custom 4500'' envelops the lower pressure applications of models ``MSA 
Ultralite'' and ``Model 401'') with an oxygen-enriched breathing gas 
mixture. Based on these evaluations, the licensee concluded that 
compatibility exists provided (1) all hydrocarbon contamination is 
removed, (2) the SCBAs are maintained so as to preclude the 
introduction of hydrocarbon contamination, and (3) the temperature of 
the system does not exceed 135 deg. F when the regulator is first 
activated. LLNL also concluded that an MSA Custom 4500, equipped with 
the interchangeable silicone facepiece, meets the National Fire 
Protection Association Flame and Heat Test requirements whether 
operated with 35% oxygen/65% nitrogen breathing gas mixture or with 
compressed air.
    The licensee has indicated that the above conditions are met as 
follows: (1) the MSA repair guidance which is followed stipulates that 
no hydrocarbon-based compounds are to be used within the pressure 
boundary during maintenance, (2) the SCBAs are stored and repaired in 
clean, dry locations free of chemical contamination, (3) containment 
average temperature, required by Technical Specification, is less than 
or equal to 125 deg.F at SPS 1&2, and (4) under VEPCO procedural 
guidance, SCBAs using 35% oxygen/65% nitrogen breathing gas mixture are 
equipped with a silicone facepiece. VEPCO has also stated that it has 
over 20 years of actual safe operating experience using SCBAs with 35% 
oxygen/65% nitrogen mixture with no incidents of oxygen-induced failure 
or equipment maintenance problems associated with the enriched oxygen 
operation.
    The combination of the existing NIOSH/MSHA certification of the 
SCBAs (with compressed air), the testing of the SCBA with the enriched 
oxygen-nitrogen mixture conducted for VEPCO by NASA and LLNL, and 
VEPCO's safe use history constitutes an adequate basis for granting the 
requested exemption to permit the use of MSA SCBAs Model 401, Custom 
4500 and Ultralite with 35% oxygen-65% nitrogen breathing air mixture 
in the sub-atmospheric containments of SPS, Units 1 and 2.

V

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the requested exemption is authorized by law, and will not 
result in undue hazard to life or property. Therefore, the Commission 
hereby grants the requested exemption from the requirements of 10 CFR 
20.1703(a)(1), 10 CFR 20.1703(c) and 10 CFR Part 20, Appendix A, 
Footnote d.2.(d), for Surry Power Station, Unit 1 and Unit 2, provided 
VEPCO uses SCBAs identified and meeting the formal testing outlined 
above and follows the above described conditions.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (63 FR 45097).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 3rd day of September 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-24460 Filed 9-10-98; 8:45 am]
BILLING CODE 7590-01-P