[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Pages 5255-5256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2688]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286]


Power Authority of the State of New York (Indian Point Nuclear 
Generating Unit No. 3); Amendment to Exemption

I

    The Power Authority of the State of New York (the licensee) is the 
holder of Facility Operating License No. DPR-64, which authorizes 
operation of the Indian Point Nuclear Generating Unit No. 3 (IP3). The 
license provides 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 a pressurized-water reactor at the 
licensee's site located in Westchester County, New York.

II

    By letter dated October 1, 1996, as supplemented December 5, 1996, 
the licensee requested an amendment to the Technical Specifications 
(TSs) and an amendment to an existing exemption issued on February 19, 
1993. The TS and existing exemption allow the licensee to conduct Type 
C containment isolation valve leak tests (Type C tests or LLRTs) at 
intervals up to 30 months as opposed to the 2-year interval specified 
by 10 CFR Part 50, Appendix J, Paragraph III.D.3. The requested 
amendments to the TS and to this exemption would allow a one-time 
extension of 4\1/2\ months to the Type C test interval.
    The TS and the existing exemption allow the licensee to operate 
with a 24-month fuel cycle. Due to a lengthy outage period, the current 
fuel cycle has been extended by several months. The amendments to the 
TS and to the exemption would allow the licensee to complete the 
current fuel cycle without another outage. The next refueling outage is 
scheduled to begin in April 1997.

III

    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 any undue risk to public health and 
safety, and are consistent with the common defense and security and (2) 
when special circumstances are present. Special circumstances are 
present whenever, according to 10 CFR 50.12(a)(2)(ii), ``Application of 
the regulation in the particular circumstance would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule. * * *''
    The underlying purpose of the requirement to perform Type C tests 
at intervals not to exceed 2 years is to ensure that any potential 
leakage pathways through the containment boundary are identified within 
a time span that is short enough to detect significant degradation and 
long enough to allow the tests to be conducted during scheduled 
refueling outages. This interval was originally published in Appendix J 
when refueling cycles were conducted at approximately annual intervals 
and has not been changed to reflect 2-year operating cycles; therefore, 
the staff issued Generic Letter 91-04, ``Changes in Technical 
Specification Surveillance Intervals to Accommodate a 24-Month Fuel 
Cycle.'' This generic letter provides guidance to licensees on how to 
prepare requests for TS amendments and exemptions that are needed to 
accommodate a 24-month cycle. Enclosure 3 to Generic Letter 91-04 noted 
that two issues should be addressed when justifying the extended Type C 
test interval: (1) a possible reduction in the combined leakage limit 
for Type B and Type C leakage tests, and (2) the basis for concluding 
that the containment leakage rate would be maintained within the 
acceptable limits with an extended test interval. The licensee's 
letters of July 17, 1992, and December 23, 1992, in which it applied 
for the existing exemption, addressed both of these issues. The 
licensee's letter of December 5, 1996, addressed both issues in light 
of the 4\1/2\ month extension.
    The first issue is a reduction in the combined containment 
penetration and isolation valve leakage rate limit for Type B and Type 
C tests that increases the margin to the maximum allowable leakage 
rate. The maximum allowable leakage rate, which is referred to as 
L<INF>a, is specified in the facility's TS. The acceptance criterion 
for Type B and C tests is that the combined leakage rate shall be less 
than 0.60 L<INF>a. This constitutes a margin of 0.40 L<INF>a (40 
percent of L<INF>a). Enclosure 3 to Generic Letter 91-04 states that in 
order to justify an exemption to the Appendix J requirements and extend 
Type C test intervals up to 30 months, licensees should either (1) use 
leakage test data to demonstrate that the margin of 0.40 L<INF>a will 
not be reduced as a result of the test interval increase or (2) propose 
an acceptance criterion limit of less than 0.60 L<INF>a as a TS change. 
The licensee has proposed an acceptance criterion limit of 0.50 L<INF>a 
for IP3. This constitutes a 25 percent increase in margin (40 percent 
to 50 percent). The staff has reviewed the proposed reduction in the 
combined leakage rate limit to 0. 50 L<INF>a and finds it is consistent 
with the recommendations of Enclosure 3 to Generic Letter 91-04 and is, 
therefore, acceptable. A one-time extension of the test interval by 
4\1/2\ months does not change the staff's determination in this matter.
    The second issue is the basis for concluding that containment 
leakage will be maintained within acceptable limits with an extended 
test interval. At the time of issuance of the existing amendment, ten 
LLRTs had been performed during the lifetime of IP3.

[[Page 5256]]

The as-found results of the first two tests (1978 and 1979) did not 
meet the acceptable leakage limit due to excessive leakage from one 
valve in 1978 and from four valves in 1979. The as-found results of the 
next six tests were below the acceptable leakage limit. The as-found 
results of the 1989 and 1990 tests did not meet the acceptable leakage 
limit due to excessive leakage from three valves in 1989 and from one 
valve in 1990. For each of the tests that did not meet the leakage 
limits, repairs to the noted valves were conducted, and the as-left 
values were well below acceptable leakage limits. The licensee reviewed 
the results of these ten LLRTs and concluded that the failures, except 
for one valve which was replaced in 1990, were random and non-
recurring. The licensee concluded that these failures were not 
indicative of a poor performance trend. The staff reviewed the LLRT 
data provided by the licensee as well as the methodology used by the 
licensee to extrapolate LLRT data to a 30-month test interval and the 
staff concluded that there is reasonable assurance that the containment 
leakage rate would be maintained within acceptable limits with an LLRT 
interval increase to 30 months.
    Since the request for the exemption allowing a 30-month LLRT test 
interval, two more tests have been conducted. In the first such test, 
conducted in 1992, the leakage for all valves was less than the minimum 
detectable for the test rig in use. In the second such test, conducted 
in 1994, the total leakage was 88 percent of the allowable value. The 
test rig used in the 1994 LLRT allowed the licensee to identify the 
valves that contributed most to total leakage. Maintenance was 
performed on these valves and the as-left leakage was less than 40 
percent of the allowable limit. Based on its review of all of the LLRT 
data, the staff has concluded that there is reasonable assurance that 
the containment leak rate will remain within acceptable limits if the 
LLRT interval is extended by 4\1/2\ months; therefore, the application 
of the regulation in the particular circumstances is not necessary to 
achieve the underlying purpose of the rule.

IV

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, that (1) the exemption described in Section III are authorized 
by law, will not endanger life or property, and are otherwise in the 
public interest and (2) special circumstances exist pursuant to 10 CFR 
50.12(a)(2)(ii). Therefore, the Commission hereby grants the following 
amendment to the exemption dated February 19, 1993: The Power Authority 
of the State of New York is exempt from the requirement of 10 CFR Part 
50, Appendix J, Paragraph III.D.3, in that the current interval between 
Type C tests may be extended beyond 30 months for the Indian Point 
Nuclear Generating Unit No. 3. The Type C tests must be conducted 
during an outage beginning no later than May 31, 1997. This amendment 
applies to the current test interval only.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (62 FR 3538).
    This exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.

Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
    Dated at Rockville, Maryland, this 28th day of January 1997.
[FR Doc. 97-2688 Filed 2-3-97; 8:45 am]
BILLING CODE 7590-01-P