[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15835-15836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8029]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
Vermont Yankee Nuclear Power Corporation; Correction Notice
On February 25, 1999, the NRC published (64 FR 9360) ``issuance of
Director's Decision Under 10 CFR 2.206.'' The text of the actual
Director's Decision should have followed the notice but did not. The
text of ``Director's Decision Pursuant to 10 CFR 2.206'' (DD-99-04)
follows this notice.
Dated at Rockville, Maryland this 25th day of March 1999.
For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate 1-2, Division of Licensing Project
Management Office of Nuclear Reactor Regulation.
Office of Nuclear Reactor Regulation, Samuel J. Collins, Director
In the Matter of Vermont Yankee Nuclear Power Corporation (Vermont
Yankee Nuclear Power Station)
Docket No. 50-271
License No. DPR-28
(10 CFR 2.206)
Director's Decision Pursuant to 10 CFR 2.206
I. Introduction
By a Petition submitted pursuant to 10 CFR 2.206 on April 9, 1998,
Michael J. Daley, on behalf of the New England Coalition on Nuclear
Pollution, Inc., (Petitioner), requested that the U.S. Nuclear
Regulatory Commission (NRC) take immediate action with regard to the
Vermont Yankee Nuclear Power Station (VYNPS) operated by the Vermont
Yankee Nuclear Power Corporation (licensee or Vermont Yankee).
The Petitioner requested that the NRC issue an order requiring that
the licensee's administrative limits, which were in effect at the time
and precluded VYNPS from operating with a torus water temperature above
80 deg.F or with a service water injection temperature greater than 50
deg.F, shall remain in force until certain conditions are met. The
conditions listed include a complete reconstitution of the licensing
basis for the maximum torus water temperature, submittal to the NRC of
a technical specifications (TSs) amendment request establishing the
correct maximum torus water temperature, and completion of NRC's review
of the amendment request.
On May 13, 1998, the Director of the Office of Nuclear Reactor
Regulation informed the Petitioner that he was denying the request for
immediate action at VNYPS, that the Petition was being evaluated under
10 CFR 2.206 of the Commission's regulations, and that action would be
taken in a reasonable time.
The NRC staff's review of the Petition is now complete. For the
reasons set forth below, the Petitioner's remaining requests have been
approximately addressed. The conditions associated with the
Petitioner's request have been completed, including establishment of
the correct licensing basis for the maximum torus temperature,
submittal of a TS amendment request establishing the correct maximum
torus water temperature limit, and completion of the NRC's review of
the amendment request.
[[Page 15836]]
II. Background
In support of these requests, the Petitioner raised concerns about
the licensee being unable to demonstrate an ability to either justify
the operational limits for the maximum torus water temperature or to
maintain operations within existing administrative limits (torus water
temperature is critical to the proper functioning of the containment).
The Petitioner asserted that since 1994, events have caused the
licensee to question VYNPS's maximum torus water temperature limits
four times, leading to the self-imposed administrative limits
previously noted. The Petitioner stated that the NRC must move from a
``wait and see'' posture to active intervention, with immediate
imposition of the order recommended by the Petitioner as a first step.
The staff notes that the limits proposed by the Petitioner were in
effect at VYNPS on an interim basis while the licensee determined the
correct maximum torus water temperature limits since it was determined
that the TS limit of 100 deg.F was incorrect. The licensee
subsequently completed the analysis and determined that the correct
limit for the maximum torus water temperature is 90 deg.F. This
administrative limit was then established at 90 deg.F and a TS
amendment request was submitted to establish this as the maximum torus
water temperature.
III. Discussion
As indicated in the May 13 letter, Petitioner's request for
immediate action was denied. Although the NRC identified concerns
regarding the licensee's handling of the torus water temperature issue
in the past, as evidenced by the NRC's enforcement action (Notice of
Violation and Proposed Imposition of Civil Penalty of $55,000 dated
April 14, 1998), there was insufficient basis for concluding that the
limits proposed by the Petitioner must be imposed on the licensee while
the NRC reviewed the associated TS amendment request. The NRC took
several actions in this area, including performing a design inspection
and conducting several meetings with the licensee on this issue. The
NRC concluded that the licensee's actions to resolve this issue were
acceptable.
In May and June 1997, the NRC performed a design inspection to
evaluate the capability of selected systems to perform their intended
safety function as described in design-basis documentation. Also, the
NRC assessed the licensee's adherence to its design and licensing basis
for selected systems, and the consistency of the as-built configuration
and system operations with the final safety analysis report. The team
concluded that although some concerns were identified, the systems
evaluated were capable of performing their intended functions and the
design engineers had excellent knowledge and capabilities. The report
findings were documented in NRC Inspection Report Number 50-271/97-201,
which was provided with our May 13 letter to the Petitioner.
One of the concerns identified during the inspection was associated
with the licensee's previous handling of the torus water temperature
issue and resulted in enforcement action being taken on April 14, 1998,
because of a failure to (1) properly translate the design basis of the
plant into specifications, procedures, and instructions and (2)
promptly correct design deficiencies once they were identified.
However, credit was warranted for corrective actions because NRC
considered the licensee's actions, once the violations were identified,
to be prompt and comprehensive.
At the NRC's request, several public meetings were conducted to
discuss issues, including the licensee's analysis to determine the
appropriate torus water temperature limit. As a result of discussions
with the licensee during public meetings on March 5, March 24, and
April 7, 1998, the NRC concluded that the licensee was taking the
appropriate actions to resolve this issue and to ensure that the
appropriate maximum torus water temperature was specified in the TS and
administratively controlled while the TS amendment was being reviewed
by the NRC. During the April 7 meeting, the licensee committed to
submit the TS amendment request to limit the torus water temperature to
90 deg.F, which is an input value to the containment analysis
calculations, before restart. The calculations supporting the amendment
request were subjected to the licensee's formal quality process for
assuring accuracy and completeness and provided additional assurance
that the 90 deg.F limit is correct. The more restrictive
administrative limits (80 deg.F torus water temperature and 50 deg.F
service water injection water temperature) were put in place by the
licensee, while the detailed analysis was performed to verify that 90
deg.F was the correct limit.
The licensee proposed a TS amendment to establish a maximum torus
water temperature limit of 90 deg.F by letter dated May 8, 1998, as
supplemented on July 10 and October 2, 1998. The NRC reviewed the
licensee's analysis and concluded, for the reasons specified in the
safety evaluation, that the appropriate maximum torus water temperature
is 90 deg.F. Therefore, imposition of the more restrictive
administrative limits specified in the Petition are not necessary.
IV. Conclusion
The NRC staff has evaluated the information provided by the
Petitioner as its basis for the actions requested. As indicated in the
May 13 letter to the Petitioner, the NRC has concluded that issuing an
immediate order, as requested, was unnecessary since the licensee took
appropriate actions to determine the proper limit on torus water
temperature, sought a TS amendment to impose the correct torus water
temperature, and administratively implemented the limit while the NRC
reviewed the analysis in support of the TS amendment. Although the NRC
denied Petitioner's request to take immediate action to issue an order
imposing certain limits on VYNPS, the conditions associated with the
request have been completed, including establishment of the correct
licensing basis for the maximum torus temperature, submittal of a TS
amendment request establishing the correct maximum torus water
temperature limit, and completion of the NRC's review of the amendment
request.
Since the conditions listed in the Petition have been met and the
NRC had previously addressed Petitioner's immediate request for
imposition of an order, all actions associated with the request are
complete. For the reasons contained in the safety evaluation, we have
concluded that the appropriate limit for maximum torus water
temperature is 90 deg.F, making the limits requested in the Petition
unnecessary. Accordingly, the staff has addressed the issues raised by
the Petitioner and has completed its actions relating to the Petition.
As provided in 10 CFR 2.206(c), a copy of this Decision will be
filed with the Secretary of the Commission for the Commission's review.
This Decision will constitute the final action of the Commission 25
days after issuance unless the Commission, on its own motion,
institutes review of the Decision within that time.
Dated at Rockville, Maryland, this 10th day of February 1999.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-8029 Filed 3-31-99; 8:45 am]
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