Carolina Power & Light Company; Brunswick Steam Electric Plant, Units 1 and 2 Exemption, 13050-13051 [05-5276]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Notices]
[Pages 13050-13051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5276]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-325 and 50-324]


Carolina Power & Light Company; Brunswick Steam Electric Plant, 
Units 1 and 2 Exemption

1.0 Background

    The Carolina Power & Light Company (CP&L, the licensee) is the 
holder of Facility Operating Licenses Nos. DPR-71 and DPR-62, which 
authorize operation of the Brunswick Steam Electric Plant (BSEP), 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 boiling-water reactors located in 
Brunswick County in North Carolina.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Section 
50.54(o) requires that primary reactor containments for water-cooled 
power reactors be subject to the requirements of Appendix J to 10 CFR 
Part 50. Appendix J specifies the leakage test requirements, schedules, 
and acceptance criteria for tests of the leaktight integrity of the 
primary reactor containment and systems and components that penetrate 
the containment. Appendix J, Option B, Section III.A requires that the 
overall integrated leak rate must not exceed the allowable leakage (La) 
with margin, as specified in the Technical Specifications (TS). The 
overall integrated leak rate, as specified in the 10 CFR Part 50, 
Appendix J definitions, includes the contribution from main steam 
isolation valve (MSIV) leakage. By letter dated October 6, 2004, the 
licensee has requested exemption from Option B, Section III.A 
requirements to permit exclusion of MSIV leakage from the overall 
integrated leak rate test measurement.
    Option B, Section III.B of 10 CFR Part 50, Appendix J requires that 
the sum of the leakage rates of all Type B and Type C local leak rate 
tests be less than the performance criterion (La) with margin, as 
specified in the TS.
    On May 30, 2002, the NRC issued Amendment Nos. 221 and 246 to the 
Facility Operating Licenses for BSEP, Units 1 and 2, respectively. 
These amendments revised the TS to replace the accident source term 
used in loss-of-coolant accident (LOCA), main steamline break (MSLB) 
accident, and control rod drop accident (CRDA) design-basis analyses 
with an alternate source term (AST) in accordance with 10 CFR 50.67, 
``Accident Source Term.'' On March 14, 2002, the NRC issued Amendment 
Nos. 218 and 244 for BSEP, Units 1 and 2, respectively, revising the 
facility TS to replace the accident source term used in the fuel 
handling accident (FHA) design-basis accident analyses with an AST in 
accordance with 10 CFR 50.67. In the previous

[[Page 13051]]

design-basis accident radiological consequence analyses, MSIV leakage 
was added to the overall containment integrated leakage rate, as 
measured by the Type A test specified in 10 CFR 50, Appendix J, Option 
B. By Amendment Nos. 181 and 213 issued on February 1, 1996, for BSEP 
Units 1 and 2, respectively, the licensee was authorized to use the 
Option B provisions of 10 CFR Part 50, Appendix J.
    Based on the Safety Evaluation supporting Amendment Nos. 221 and 
246 issued on May 30, 2002, the NRC has accepted that MSIV leakage for 
design-basis accident analyses has been accounted for separately from 
the overall leakage associated with the primary containment boundary 
and overall doses meet appropriate regulatory limits. As such, the 
requirement of 10 CFR 50, Appendix J, Option B, Section III.A that MSIV 
leakage be included as part of the Type A test results is not necessary 
to achieve the underlying purpose of the rule; that is, ensuring the 
actual radiological consequences of design-basis accidents remain below 
those analyzed as demonstrated through the measured containment leakage 
test.

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 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 Part 50.12(a)(2)(ii), 
``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. * * *''
    The underlying purpose of the rule that implements Appendix J 
(i.e., 10 CFR 50.54(o)) is to assure that containment leaktight 
integrity is maintained (a) as tight as reasonably achievable, and (b) 
sufficiently tight so as to limit effluent release to values bounded by 
the analyses of radiological consequences of design-basis accidents. 
The revised design-basis radiological consequences analyses address 
these pathways as individual factors, exclusive of the primary 
containment leakage. The staff has determined that the intent of the 
rule is not compromised by the proposed action, and that 10 CFR 
50.12(a)(2)(ii) applies.

4.0 Conclusion

    Accordingly, the Commission has determined that pursuant to 10 CFR 
Part 50.12(a)(1), an exemption is authorized by law and will not 
present an undue risk to the public health and safety, is consistent 
with the common defense and security, and that there are special 
circumstances present, as specified in 10 CFR 50.12(a)(2). An exemption 
is hereby granted to CP&L, BSEP Units 1 and 2 from the requirements of 
Sections III.A and III.B of Option B of Appendix J to 10 CFR Part 50. 
The exemption allows exclusion of MSIV leakage from the overall 
integrated leak rate test measurement.
    Based on the foregoing, the separation of the main steam pathways 
from the other containment leakage pathways is warranted because a 
separate radiological consequence term has been provided for these 
pathways. The revised design-basis radiological consequences analyses 
address these pathways as individual factors, exclusive of the primary 
containment leakage. Therefore, the NRC staff finds the proposed 
exemption from Appendix J, to separate MSIV leakage from other 
containment leakage, to be acceptable.
    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 (70 FR 11034).
    This exemption is effective upon issuance.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 9th day of March 2005.
Ledyard B. Marsh,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 05-5276 Filed 3-16-05; 8:45 am]
BILLING CODE 7590-01-P