[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Notices]
[Pages 944-947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-315]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-423]
Dominion Nuclear Connecticut, Inc., Millstone Power Station, Unit
No. 3; Exemption
1.0 Background
Dominion Nuclear Connecticut, Inc. (DNC or the licensee) is the
holder of Facility Operating License Nos. DPR-65 and NPF-49, which
authorize operation of Millstone Power Station, Unit Nos. 2 and 3 (MP2
and MP3), respectively. The licenses provide, among other things, that
the licensee is subject to all rules, regulations, and orders of the
U.S.
[[Page 945]]
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in
effect.
The facility consists of two pressurized-water reactors (PWRs)
located in New London County in Connecticut; this exemption addresses
only MP3. The nuclear steam system supplier for MP2 is Combustion
Engineering, and the supplier for MP3 is Westinghouse Electric
Corporation.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Sec.
54.17(c) stipulates that an application for a renewed license may not
be submitted to the Commission earlier than 20 years before the
expiration of the operating license currently in effect.
DNC, however, requested by application dated December 13, 2002, as
supplemented by letters dated April 28, 2003, and September 3, 2003, a
schedular exemption from the 20-year restriction specified in 10 CFR
54.17(c) to allow it to submit a renewal application for MP3 earlier
than 20 years before expiration of its operating license. Such an
exemption would allow DNC to submit one application for renewal of the
operating licenses of both MP2 and MP3, with the goal of attaining
efficiencies for preparation and review of the application. The current
operating license for MP2 (DPR-65) expires on July 31, 2015, whereas
the current operating license for MP3 (NPF-49) expires on November 25,
2025. At the time the exemption request was filed, MP2 had more than 29
years of operating experience and MP3 had more than 18 years
experience.
3.0 Discussion
Pursuant to 10 CFR 54.15, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 54, in accordance with the provisions
of 10 CFR 50.12, when (1) The exemptions are authorized by law, (2)
will not present an undue risk to public health or safety, and (3) are
consistent with the common defense and security. However, an exemption
will not be granted unless special circumstances are present, as
defined in Section 50.12(a)(2).
3.1 Authorized by Law
The Commission's basis for establishing the 20-year limit contained
in 10 CFR 54.17(c) is discussed in the 1991 Statements of Consideration
for part 54 of 10 CFR (56 FR 64963). The limit was established to
ensure that substantial operating experience was accumulated by a
licensee before a renewal application is submitted such that any plant-
specific concerns regarding aging would be disclosed. In amending the
rule in 1995, the Commission sought public comment on whether the 20-
year limit should be reduced. The Commission determined that sufficient
basis did not exist to generically reduce the 20-year limit. However,
the Commission did indicate in the Statements of Consideration for the
amended rule (60 FR 22488), that it was willing to consider plant-
specific exemption requests by applicants who believe that sufficient
information is available to justify applying for license renewal prior
to 20 years from expiration of the current license. DNC's exemption
request is consistent with the Commission's intent to consider plant-
specific requests and is permitted by 10 CFR 54.15.
The current operating licenses for MP2 and MP3, were issued in
accordance with the Atomic Energy Act of 1954, as amended (AEA), and 10
CFR 50.51 which limit the duration of an operating license to a maximum
of 40 years. In accordance with 10 CFR 54.31, the renewed license will
be of the same class as the operating license currently in effect and
cannot exceed a term of 40 years. Therefore, the terms of the renewed
licenses for MP2 and MP3, are limited both by law and the Commission's
regulations to 40 years. Additionally, 10 CFR 54.31(b) states that:
A renewed license will be issued for a fixed period of time, which
is the sum of the additional amount of time beyond the expiration of
the operating license (not to exceed 20 years) that is requested in
a renewal application plus the remaining number of years on the
operating license currently in effect. The term of any renewed
license may not exceed 40 years.
The potential exists that because DNC's decision to apply early for
license renewal for MP3, DNC may not obtain the maximum 20-year period
of extended operation permitted by 10 CFR 54.31(b). Any actual
reduction will depend on the date the renewed licenses are issued. If a
reduction in the 20-year extension is required, and DNC desires further
extension of MP3's operating licenses in the future, an additional
renewal application can be submitted in accordance with 10 CFR part 54.
Therefore, should the Commission determine to renew the MP3
operating license, the term of the license will not exceed 40 years,
and granting of MP3's exemption request will not result in violation of
the AEA or the Commission's regulations.
3.2 No Undue Risk to Public Health and Safety
DNC's exemption request seeks only schedular relief regarding the
date of submittal, and not substantive relief from the requirements of
10 CFR parts 51 or 54. DNC must still conduct all environmental reviews
required by 10 CFR part 51 and all safety reviews and evaluations
required by 10 CFR part 54 when preparing the applications for MP2 and
MP3. The staff's review will verify that all applicable Commission
regulations have been met before issuing the renewed licenses.
Therefore, the staff finds that granting this schedular exemption will
not represent an undue risk to public health and safety.
3.3 Consistent With the Common Defense and Security
As discussed previously, the exemption requested is only a
schedular exemption. The NRC staff will review the license renewal
application DNC submits pursuant to the requested exemption, to
determine whether all applicable requirements are fully met.
Accordingly, granting the requested exemption will be consistent with
the common defense and security.
3.4 Special Circumstances Supporting Issuance of the Exemption
An exemption will not be granted unless special circumstances are
present as defined in 10 CFR 50.12(a)(2). Specifically, 10 CFR
50.12(a)(2)(ii) states that a special circumstance exists when
``application of the regulation in the particular circumstances * * *
is not necessary to achieve the underlying purpose of the rule.'' In
initially promulgating 10 CFR 54.17(c) in 1991, the Commission stated
that the purpose of the time limit was ``to ensure that substantial
operating experience is accumulated by a licensee before it submits a
renewal application'' (56 FR 64963). At that time, the NRC found that
20 years of operating experience provided a sufficient basis for
renewal applications. However, in issuing the amended 10 CFR part 54 in
1995, the Commission indicated it would consider an exemption to this
requirement if sufficient information was available on a plant-specific
basis to justify submission of an application to renew a license before
completion of 20 years of operation (60 FR 22488).
The 20-year limit was imposed by the NRC to ensure that sufficient
operating experience was accumulated to identify any plant-specific
aging concerns. As set forth below, MP2 is sufficiently similar to MP3,
such that the operating experience for MP2 applies to MP3. In
[[Page 946]]
addition, MP3 has accumulated significant operating experience.
Accordingly, under the requested exemption, sufficient operating
experience will have been accumulated to identify any plant-specific
aging concerns for both units.
DNC states that the two units at the Millstone site are similar in
materials of construction and operating environments, many of the aging
analyses to be performed for the structures, systems, and components
(SSCs) of MP2 will be directly applicable to the SSCs of MP3. Both
units are PWR units that utilize recirculating, U-tube type steam
generators that produce saturated steam to drive turbine-generators.
DNC states that the materials of construction for SSCs on both units
are typically identical or similar. The materials used and the
environments to which these materials are subjected determine the
existence of aging effects. Both units at the Millstone site share
common facilities/environments and have many similar components and
materials.
DNC also stated that many of the procedures that govern site
activities are not unit-specific and require the consideration of
operating experience at both Millstone units. Both units share many of
the same maintenance activities and other existing aging management
programs, making them more effective by relying on the experience at
both units. The Millstone site organization shares a common operating
experience review department, such that operating experience and
corrective actions are continually shared between the units. The
Millstone site also utilizes their Corrective Action Program (CAP), in
which a multi-disciplinary team reviews Condition Reports (CRs). As
part of this review, the team identifies CRs that could affect other
operating units and that need to be evaluated for both units. The
direct exchange of operating experience by this common operating
experience review and by the CAP ensures the evaluation of MP2 aging
issues that could be applicable to MP3. The shared operating experience
and dedicated system engineering responsibilities also result in a
continual evaluation of the effectiveness of plant programs used to
manage the effects of aging of plant equipment for both units.
While the units at the Millstone site have common operation,
maintenance, use of operating experience, and environment, MP2 and MP3
are of different PWR design. MP2 is a Combustion Engineering PWR design
and MP3 is a Westinghouse 4-Loop PWR design. The nuclear steam supply
system (NSSS) design, thermal output, containment and Category 1
structures, of these two designs are significantly different. In a
letter dated April 28, 2003, the applicant provided supplemental
information to justify the applicability of MP2's operating experience
as the basis for the exemption request or to discuss how industry-wide
Westinghouse 4-Loop operating experience can supplement MP3's operating
experience. In addition, on July 18, 2003, the NRC requested additional
information to justify the applicability of MP2's containment and
Category 1 structures operating experience as the basis for the
exemption or to discuss how industry-wide operating experience can
supplement MP3's operating experience.
3.4.1 NSSS Design
The staff reviewed the supplemental information provided by the
applicant in its letter to the NRC dated April 28, 2003. DNC compared
the MP2 and MP3 NSSS SSCs to those in the applicable sections of the
Generic Aging Lessons Learned (GALL) Report and listed the comparative
results in the attachment to the letter. Based on Section II.A of the
attachment and its related discussions, the applicant stated that the
operating experience from MP2 is applicable to MP3 with regard to
identifying NSSS-related aging effects. The staff reviewed the contents
of Section II.A and determined that although there are differences in
NSSS design and configuration between MP2 and MP3, both units do
exhibit similar aging effects, and their aging effects are comparable
to those of the GALL Report. The staff also reviewed the applicant's
assertions that: (1) MP3 has the benefit of industry operating
experience, particularly for those PWRs that have the same NSSS design
(Surry and North Anna); (2) as of the date of their submittal, nine
Westinghouse 4-Loop PWRs have accumulated at least 20 years of
operating experience and five other plants have close to 20 years of
operating experience; and (3) the MP3 license renewal application (LRA)
will also reflect industry experience identified in the GALL Report as
well as other industry programs.
The staff finds that the justifications provided by the applicant
for these assertions are based on factual information and are
reasonable. Based on the above discussion, the staff concludes that
with respect to MP2 and MP3 NSSS design, configuration, and management
of NSSS-related aging effects, the applicant has provided adequate
justifications for the NRC consideration of granting MP3's request for
exemption from the requirements of 10 CFR 54.17(c)
3.4.2 Thermal Output
The staff reviewed the supplemental response provided by the
applicant in its letter to the NRC dated April 28, 2003. The staff
noted that DNC compared MP2 and MP3 thermal outputs, which results in
differences in neutron flux and fluence to which the reactor vessels
and the reactor vessel internals (RVI) are exposed. DNC indicated that
the differences in thermal output do not significantly affect the
reactor coolant temperature. In addition, it was noted that the MP2 and
MP3 reactor vessel operating temperatures are similar and closely match
those specified in the GALL Report for the PWR reactor vessel
environment. The staff compared the operating temperatures through the
reactor vessel integrity database with those in the GALL Report and
found that the licensee's justification was reasonable.
In addition, DNC indicated that the higher core power density and
correspondingly, a higher fluence for MP3 which may result in the
emergence of certain aging effects earlier in plant life than would be
the case for MP2. However, it was noted that there are no unique aging
effects for the MP3 RVI and that the same aging effects would require
management for both units.
The licensee also stated that on an industry-wide basis, the
Electric Power Research Institute (EPRI) Materials Reliability Program
(MRP) addresses aging effects associated with PWR RVI. It was noted
that the EPRI MRP reviewed the function of each internal PWR component
(including Westinghouse and CE). For those internals that could impact
safety, the EPRI MRP considered the aging mechanisms that could cause
degradation of RVI component and is developing strategies to manage the
resulting aging effects. Therefore, the licensee indicated that the
operating experience gained from the EPRI MRP could be applied to MP3
in assisting in the identification of plant-specific concerns regarding
aging. The staff finds this approach acceptable.
The staff finds that the justification provided by the applicant
for these assertions are based on factual information and are
reasonable. Based on the above discussion, the staff concludes that
with respect to MP2 and MP3 thermal output differences, the applicant
has provided adequate justification for the staff's consideration of
granting the MP3 request for
[[Page 947]]
exemption from the requirements of 10 CFR 54.17(c).
3.4.3 Containment and Category 1 Structures
The staff reviewed the additional information provided by the
applicant in its letter to the NRC dated September 3, 2003. In the
attachment to the letter, DNC compared the MP2 and MP3 containment and
Category 1 structures and components in Table 1; MP3 and other Stone
and Webster Engineering Corp. plants' containment and Category 1
structures and components in Table 2; and MP3 and the applicable
sections of the GALL Report containment and Category 1 structures and
components in Table 3. Based on the Table 1 comparisons and its related
discussions, the applicant stated that the operating experience from
MP2 is applicable to MP3 with identifying containment and Category 1
structure-related aging effects, except when there were differences
such as in the architect-engineer, containment type, and groundwater
protection. For the differences previously noted, the applicant relied
on the operating experience from plants (Table 2) that have the same
architect-engineer, containment type, and groundwater protection such
as North Anna Units 1 and 2, Surry Units 1 and 2, Beaver Valley Unit 1,
and Haddam Neck. Even though these plants have the same architect-
engineer, containment type, and groundwater protection as MP3, the
environments are different. MP3 is located in a coastal area and the
other plants are located in inland environments. For the environmental
difference, the applicant relied on the GALL Report for additional
operating experience. The staff reviewed the applicant's assertions
that MP3 also has the benefit of industry operating experience,
particularly for those PWRs with the same architect engineer,
containment type, and groundwater protection; and the MP3 LRA will also
reflect industry experience identified in the GALL Report, as well as
other industry programs.
The staff finds that the justifications provided by the applicant
for these assertions are based on factual information and are
reasonable. Based on the above discussion, the staff concludes that,
with respect to MP2 and MP3 containment and Category 1 structures
design, structural configuration and management of structural-related
aging effects, the applicant has provided adequate justifications for
the NRC's consideration of granting MP3's request for exemption from
the requirements of 10 CFR 54.17(c).
Therefore, sufficient combined operating experience from MP2 and
industry exists to satisfy the intent of 10 CFR 54.17(c), and the
application of the regulation in this case is not necessary to achieve
the underlying purpose of the rule. The staff finds that DNC's request
meets the requirement, in 10 CFR 50.12(a)(2), that special
circumstances exist to grant the exemption.
3.5 Summary
Based on the foregoing, the staff finds that the requested
exemption is acceptable in that it is authorized by law; will not
present an undue risk to public health and safety; is consistent with
the common defense and security; and that special circumstances are
present, under 10 CFR 50.12(a)(2)(ii). Should DNC submit an application
to renew the licenses for MP2 and MP3, the application must demonstrate
full compliance with 10 CFR parts 51 and 54 for both units and include
information addressing the similarity in design, operation,
maintenance, operating experience, and environments of the units to
support submittal of the dual-unit application. In the course of its
review of an application to renew the licenses for the units at the
Millstone site, the NRC staff will examine how the actual operating
experience, available from both units and from industry, applies to the
particular SSCs evaluated.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the 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. Also, special circumstances are present.
Therefore, the Commission hereby grants DNC a schedular exemption from
the requirements of 10 CFR 54.17(c). Specifically, this schedular
exemption allows DNC to apply for a renewed license for MP3 earlier
than 20 years before the expiration of the operating license currently
in effect.
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 (68 FR 7529).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of December, 2003.
For the Nuclear Regulatory Commission.
Cornelius Holden,
Acting Director, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 04-315 Filed 1-6-04; 8:45 am]
BILLING CODE 7590-01-P