[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33535-33536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2915]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


Nuclear Management Company, LLC, Point Beach Nuclear Plant, Units 
1 and 2; Exemption

1.0 Background

    Nuclear Management Company, LLC (NMC, the licensee), is the holder 
of Facility Operating License Nos. DPR-24 and DPR-27 which authorizes 
operation of the Point Beach Nuclear Plant, Units 1 and 2. The licenses 
provide, among other things, that the facility is subject to all rules, 
regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, 
the Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors (PWR) 
located in Manitowoc County, Wisconsin.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 50, 
Appendix R, ``Fire Protection Program for Nuclear Power Facilities 
Operating Prior to January 1, 1979,'' established fire protection (FP) 
requirements to satisfy 10 CFR 50, appendix A, General Design Criterion 
3, ``Fire Protection.''
    Appendix R, Section III.G.1.a of 10 CFR Part 50 requires: ``one 
train of systems necessary to achieve and maintain hot shutdown from 
either the control room or emergency control station(s) is free of fire 
damage * * *''
    By letter dated March 5, 2004, the licensee requested a permanent 
exemption from the requirements of 10 CFR Part 50, appendix R, Section 
III.G.1.a for a repair consisting of powering a dedicated air 
compressor from one of two pre-planned 480 volt power sources using 
pre-staged power cords and connecting the air compressor to nitrogen 
bottle manifolds on one or both reactor units using a pre-staged 
pneumatic hose with quick connect fittings.
    The licensee stated:

    The existing Safe Shutdown Analysis (SSA) for Point Beach 
credits a hard-piped nitrogen bottle bank to provide the first 
several hours of charging pump control air during hot shutdown. 
However, if the normal source of instrument air is not restored 
prior to depletion of this bottle bank, a dedicated air compressor 
is available to provide continued support for long term hot shutdown 
(and/or subsequent transition to cold shutdown) operation. This air 
compressor must be connected to a suitable power supply by means of 
electrical cables and to the charging pump backup control air 
manifolds by portable hoses.

3.0 Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present. Section 50.12(a)(2)(ii) of 
10 CFR states that 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. * * *''
    10 CFR Part 50, Appendix R, Section III.G.1.a requires that, ``one 
train of systems necessary to achieve and maintain hot shutdown 
conditions from either the control room or emergency control station(s) 
is free of fire damage.'' Appendix R, Section III.L.1, of 10 CFR Part 
50 requires that an alternative or dedicated shutdown capability shall 
be able to, among other things, ``(c) achieve and maintain hot standby 
conditions for a PWR; and (d) achieve cold shutdown conditions within 
72 hours.'' NRC Inspection Report 50-266/2003-007; 50-301/2003-007, 
dated February 4, 2004, documents a Non-Cited Violation of Appendix R, 
Section III.L.1.c, in that NMC, ``failed to ensure, without the need 
for 'hot standby repairs,' adequate

[[Page 33536]]

control air to the speed controllers for the charging pumps during a 
postulated fire requiring an alternative shutdown method.'' The 
installed backup nitrogen gas bottle bank (for the charging pump speed 
controllers) meets the requirements of the regulation, with the 
exception that it is of limited capacity. This means that the hot 
shutdown conditions could not be maintained indefinitely while relying 
only on the installed bottle bank. However, the 8 to 14 hour capacity 
of the bottle banks is ample time to extinguish the fire, achieve 
stable plant conditions in hot shutdown, augment staff with personnel 
from the emergency response organization, and connect dedicated power 
cabling and hoses to the dedicated compressor using the furnished plugs 
and quick connect fittings (i.e., no tools required).
    Because the bottle banks, hoses, cables, and compressor are all 
located in areas that would not be affected by the fires of concern, 
none would be damaged. The installed backup bottle banks are normally 
isolated from the charging pump pneumatic controls by the bottle stop-
cocks, a manual valve on the bottle manifold, and an in-line manual 
isolation valve. These valves must be opened to bring the backup 
nitrogen on line. In contrast, the (staged) dedicated air compressor 
must be connected to its power supply by retrieving the staged cable 
and hose(s) from their storage locations in the same fire area (Turbine 
Hall), laying them out from the compressor to the selected power supply 
and to the affected unit's backup bottle bank manifold, and then 
connecting the cable and hoses using the installed plugs and quick 
connect fittings before starting the compressor.
    Although this activity could be considered a ``hot standby 
repair,'' connection of these undamaged components to support continued 
hot shutdown conditions within 8 hours of the initiating event is 
reasonably achievable. This can be performed without invoking 
extraordinary action and without perturbing the stable plant 
conditions. Therefore, strict application of the interpretation 
proscribing any hot standby repair is not necessary to achieve and 
maintain hot shutdown conditions while relying only on the operating 
shift personnel, without undue encumbrances, and without having to 
resort to significant time consuming ``repairs.'' The NRC staff 
concludes that application of Section III.G.1.a under these 
circumstances is not necessary to achieve the underlying purpose of the 
rule.
    The NRC staff examined the licensee's rationale to support the 
exemption request and concluded that sufficient time (8 hours) is 
available to make the necessary connections to operate the backup air 
compressor. The NRC staff is satisfied that on-site and augmented 
response resources will be available to complete the repair. The 
appropriate equipment for this evolution is pre-staged. The NRC staff 
considered the location of the air compressor, the transformer, the 
pre-staging locations and routing of the electrical cables, and the 
pre-staging locations and routing of the pneumatic hoses. Equipment is 
pre-staged such that no single fire will affect permanent plant 
equipment and the repair equipment. The repair steps are feasible and 
reliable. The actions requested, hooking up power cables and connecting 
pneumatic fittings for the air compressor, are repairs as commonly 
implemented by appendix R [but would not meet the requirements of] 
Section III.G.1.a (achieving and maintaining hot standby). The NRC 
staff agrees, therefore, that an exemption is appropriate to meet the 
underlying purpose of Section III.G.1.a, and that the 10 CFR 
50.12.(a)(2)(ii) criterion applicable to this request.

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 NMC an exemption from the 
requirements of 10 CFR Part 50, appendix R, Part III.G.1.a, for Point 
Beach Nuclear Plant, Units 1 and 2.
    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 (70 FR 30819).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of June, 2005.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
 Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. E5-2915 Filed 6-7-05; 8:45 am]
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