[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6638-6640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3094]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316; License Nos. DPR-58, DPR-74]


Indiana Michigan Power Company (Donald C. Cook Nuclear Plant, 
Units 1 and 2); Confirmatory Order Modifying Post-Three Mile Island 
Requirements Pertaining to Containment Hydrogen Monitors

I

    Indiana Michigan Power Company (IM or the licensee) is the holder 
of Facility Operating License Nos. DPR-58, and DPR-74 issued by the 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
Part

[[Page 6639]]

50. The licenses authorize the operation of Donald C. Cook Nuclear 
Plant (CNP), Units 1 and 2, located in Berrien County, Michigan.

II

    As a result of the accident at Three Mile Island, Unit 2 (TMI-2), 
the NRC issued NUREG-0737, ``Clarification of TMI Action Plan 
Requirements,'' in November 1980. Generic Letters 82-05 and 82-10, 
issued on March 17 and May 5, 1982, respectively, requested licensees 
of operating power reactors to furnish information pertaining to their 
implementation of specific TMI Action Plan items described in NUREG-
0737. Orders were issued to licensees confirming their commitments made 
in response to the generic letters. The Confirmatory Order that was 
issued to IM on March 14, 1983, required the licensee to implement and 
maintain the various TMI Action Plan Items, including Item II.F.1, 
Attachment 6 pertaining to monitoring of the hydrogen concentration in 
the containment following a safety injection.
    Significant improvements have been achieved since the TMI accident 
in the areas of understanding risks associated with nuclear plant 
operations and developing better strategies for managing the response 
to potential severe accidents at nuclear power plants. Recent insights 
pertaining to plant risks and severe accident assessment tools have led 
the NRC staff to conclude that some TMI Action Plan items can be 
revised without reducing, and perhaps enhancing, the ability of 
licensees to respond to severe accidents. The NRC's efforts to 
understand the risks associated with commercial nuclear power plant 
operations more effectively and to reduce unnecessary regulatory burden 
on licensees and the public have prompted the NRC's decision to revise 
the post-TMI requirement to monitor containment hydrogen concentration.
    The Confirmatory Order of March 14, 1983, imposed requirements upon 
the licensee to have continuous monitoring of containment hydrogen 
concentration provided in the control room, as described by TMI Action 
Plan Item II.F.1, Attachment 6. Information about hydrogen 
concentration supports the licensee's assessments of the degree of core 
damage and whether a threat to the integrity of the containment may be 
posed by hydrogen gas combustion. TMI Action Item II.F.1, Attachment 6, 
states:

    If an indication is not available at all times, continuous 
indication and recording shall be functioning within 30 minutes of 
the initiation of safety injection.
    This requirement to have monitoring of the hydrogen concentration 
in the containment within 30 minutes following the start of safety 
injection has defined both design and operating characteristics for 
hydrogen monitoring systems at nuclear power plants since the 
implementation of NUREG-0737. In addition, the technical specifications 
of most nuclear power plants and NRC regulation 10 CFR 50.44, 
``Standards for combustible gas control system in light-water-cooled 
power reactors,'' require availability of hydrogen monitors.
    By letter dated December 22, 1999, IM used the Oconee and Arkansas 
Nuclear One confirmatory orders of November 29, 1999, and September 28, 
1998, respectively, as guidance to request relief for the two CNP units 
from the requirement to have indication of hydrogen concentration in 
the containment within 30 minutes of the initiation of safety 
injection. Specifically, the licensee requested that risk-informed 
insights be used to determine the functional requirements for 
monitoring of containment hydrogen concentration that would allow 
extending the monitoring requirement to more than 30 minutes following 
initiation of safety injection. The basis for this request was that the 
additional time would allow the operators to complete their initial 
accident assessment and mitigation duties before redirecting their 
attention to the relatively longer-term recovery actions, such as 
actuating the hydrogen recombiners, that are not needed for at least 24 
hours.
    Based on the staff's evaluation of the justification provided by 
the licensee, and improved understanding of insights pertaining to 
plant risks, severe accident assessment, and emergency planning since 
the TMI-2 accident, the staff has concluded that the licensee's request 
should be approved. Giving the licensee the flexibility and 
responsibility for determining the appropriate time limit for 
establishing monitoring of containment hydrogen concentration will 
preclude control room personnel from being distracted from various 
important tasks in the early phases of accident mitigation, while 
allowing cognizant personnel, mostly outside the control room, to be 
aware of hydrogen concentration based on a risk-informed functional 
assessment at a reasonable time following an accident. Because the 
appropriate balance between control room activities and longer-term 
management of the response to severe accidents can best be determined 
by the licensee, the NRC staff has determined that the licensee may 
elect to adopt a risk-informed functional requirement in lieu of the 
current 30-minute time limit for establishing monitoring of the 
hydrogen concentration as imposed by the Order dated March 14, 1983, 
and as described by TMI Action Item II.F.1, Attachment 6, in NUREG-
0737. The appropriate functional requirement is as follows:

    Procedures shall be established for ensuring that monitoring of 
hydrogen concentration in the containment atmosphere is available in 
a sufficiently timely manner to support the implementation of the 
Donald C. Cook Nuclear Plant Emergency Plan (and related procedures) 
and related activities such as guidance for severe accident 
management. Hydrogen monitoring will be initiated based on: (1) the 
appropriate priority for establishing monitoring of hydrogen 
concentration within the containment in relation to other activities 
in the control room, (2) the use of the monitoring of hydrogen 
concentration by decision makers for severe accident management and 
emergency response, and (3) insights from experience or evaluation 
pertaining to possible scenarios that result in significant 
generation of hydrogen that would be indicative of core damage or a 
potential threat to the integrity of the containment building. 
Affected licensing basis documents and other related documents will 
be appropriately revised and/or updated in accordance with 
applicable NRC regulations.

    The licensee's Post Accident Monitoring Instrumentation Technical 
Specifications and 10 CFR 50.44 require the licensee to maintain the 
ability to monitor hydrogen concentration in the containment. However, 
the details pertaining to design and manner of operation of the 
hydrogen monitoring system are determined by the licensee.

III

    Accordingly, pursuant to Sections 103, 104b, 161b, 161i, 161o, 182, 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS 
HEREBY ORDERED that:
    NRC License Nos. DPR-58 and DPR-74 are modified as follows:

    The licensee may elect to either maintain the 30-minute time 
limit for monitoring of hydrogen in the containment, as described by 
TMI Action Plan Item II.F.1, Attachment 6, in NUREG-0737 and 
required by the Confirmatory Order of March 14, 1983, or modify the 
time limit in the manner specified in Section II of this Order.

    The Director, Office of Nuclear Reactor Regulation, may, in 
writing, relax or rescind any of the above conditions upon 
demonstration by the licensee of good cause.

IV

    Any person adversely affected by this Confirmatory Order, other 
than the licensee, may request a hearing within

[[Page 6640]]

20 days of its issuance. Where good cause is shown, consideration will 
be given to extend the time to request a hearing. A request for 
extension of time must be made in writing to the Director, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and include a statement of good cause for 
the extension. Any request for a hearing shall be submitted to the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: 
Chief, Rulemakings and Adjudications Staff, Washington, DC 20555-0001. 
Copies of the hearing request shall also be sent to the Director, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, to the Deputy Assistant General 
Counsel for Hearings and Enforcement at the same address, to the 
Regional Administrator, NRC Region III, 801 Warrenville Road, Lisle, IL 
60532-4351, and to David W. Jenkins, Esquire, Indiana Michigan Power 
Company, Nuclear Generation Group, One Cook Place, Bridgman, MI 49106, 
attorney for the licensee. If such a person requests a hearing, that 
person will set forth with particularity the manner in which his 
interest is adversely affected by this Order and will address the 
criteria set forth in 10 CFR 2.714(d).
    If the hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing will be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above will be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV will be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 4th day of February 2000.
    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3094 Filed 2-9-00; 8:45 am]
BILLING CODE 7590-01-P