[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Page 21575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10734]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]


Rochester Gas and Electric Company (R. E. Ginna Nuclear Power 
Plant); Exemption

I

    Rochester Gas and Electric Corporation (RG&E) is the holder of 
Facility Operating License No. DPR-18, which authorizes operation of R. 
E. Ginna Nuclear Power Plant at steady-state power levels up to a 
maximum of 1520 megawatts thermal. The facility is a pressurized water 
reactor located at the licensee's site in Wayne County, State of New 
York. The license provides among other things, that the facility is 
subject to all rules, regulations, and Orders of the Commission.

II

    Appendix J of Part 50 of Title 10 of the Code of Federal 
Regulations, ``Primary Reactor Containment Leakage Testing for Water-
Cooled Reactors,'' Section III.D.3, requires that Type C leakage rate 
testing be performed each reactor shutdown for refueling, but in no 
case at intervals greater than 2 years.
    By letter dated March 15, 1995, RG&E requested a one-time Exemption 
from two parts of 10 CFR Part 50, Appendix J, Section III.D.3. First, 
RG&E requests an Exemption from performing Type C tests during the 1995 
refueling outage except for isolation valves which have maintenance 
performed on them or valves which have not demonstrated acceptable 
leakage during the previous two leakage rate tests. Second, RG&E 
requests an Exemption from performing Type C tests within a 2-year 
interval, as required by the regulation. RG&E requests up to a 1-month 
extension of the 2-year interval for 129 containment isolation valves.
    The last Type C tests were performed during the 1994 refueling 
outage after March 10, 1994. RG&E stated in the March 15, 1995, letter 
that the 1996 refueling outage will commence on March 31, 1996, with 
Cold Shutdown reached on April 1, 1996. RG&E requested an Exemption 
from the 2 year test interval until April 10, 1996, an interval 1 month 
greater than the required 2 year test interval.
    The R. E. Ginna Nuclear Power Plant has a total of 151 containment 
isolation valves. RG&E has proposed to exempt 129 of these valves from 
Type C testing during the 1995 refueling outage. The other valves would 
be tested during the 1995 refueling outage either because maintenance 
has been done on them or they have not passed the RG&E's criterion for 
exemption of two successful consecutive tests.
    The NRC staff finds RG&E's proposal to be acceptable for several 
reasons. As discussed in RG&E's March 15, 1995 letter, the performance 
of the containment isolation valves and the R. E. Ginna Nuclear Power 
Plant overall containment integrity have been good. The as-left Type A 
test leakage rate is 35% of L<INF>a. The current Type B and C as-left 
maximum path leakage rate is 61% of the 0.6 L<INF>a Appendix J limit. 
Therefore, there is reasonable assurance that the 1-month extension of 
the 2-year interval will not result in exceeding the Appendix J limits.
    In addition, RG&E has proposed to limit the Exemption only to those 
valves on which no maintenance has been done and which have passed the 
last two consecutive Type C leakage rate tests. The NRC staff has 
granted similar requests in the past. On February 2, 1994, the NRC 
staff granted a similar Exemption to the River Bend Station licensee, 
and by letter dated April 29, 1987, the NRC staff granted a similar 
request to the Washington Public Power Supply System, Unit 2 licensee.
    The NRC staff, therefore, grants the requested one-time Exemption 
to the R. E. Ginna Nuclear Power Plant licensee subject to the 
condition that the Exemption apply only to those valves on which no 
maintenance has been done and which have passed the last two 
consecutive Type C leakage rate tests. The Exemption is granted until 
plant shutdown for the 1996 refueling outage, not to extend beyond 
April 10, 1996.

III

    Section 50.12 of the Commission's regulations permit granting an 
Exemption from the regulations when special circumstances are present. 
According to 50.12(a)(2)(ii), special circumstances are present 
whenever application of the regulation in question is not necessary to 
achieve the underlying purpose of the rule.
    The underlying purpose of Appendix J, Section III.D.3, is to assure 
a leak tight containment to mitigate the consequences of an accident. 
The past leakage rate data and available margin to the allowed 
technical specifications, as discussed above, are sufficient to assure 
that the underlying purpose of Appendix J, Section III.D.3, is 
achieved.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, this 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.
    Accordingly, the Commission hereby grants an Exemption from 10 CFR 
Part 50, Appendix J, Section III.D.3.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of the Exemption will have no significant impact on the 
environment (60 FR 20513).

    Dated at Rockville, Maryland, this 26th day of April 1995.

    This Exemption is effective upon issuance.
    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 95-10734 Filed 5-1-95; 8:45 am]
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