[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20422]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482]

 

Wolf Creek Nuclear Operating Corporation (Wolf Creek Generating 
Station, Unit 1); Exemption

I

    On June 4, 1985, the Commission issued Facility Operating License 
No. NPF-42 to Wolf Creek Nuclear Operating Corporation (the licensee) 
for Wolf Creek Generating Station, Unit 1. The license provides, among 
other things, that it is subject to all rules, regulations, and orders 
of the Nuclear Regulatory Commission (the Commission) now and hereafter 
in effect.

II

    Section III.D.1(a) of Appendix J to 10 CFR Part 50 requires, ``* * 
* a set of three Type A tests [Overall Integrated Containment Leakage 
Rate Tests, or ILRTs] shall be performed, at approximately equal 
intervals during each 10-year service period. The third test of each 
set shall be conducted when the plant is shutdown for the 10-year plant 
inservice inspections.'' By letter dated October 27, 1993, the licensee 
requested an exemption from this requirement of the Commission's 
regulations.
    The NRC may grant exemptions from the requirements of the 
regulations, pursuant to 10 CFR 50.12, that (1) Are authorized by law, 
will not present an undue risk to the public health and safety, and are 
consistent with the common defense and security; and (2) present 
special circumstances. Section 50.12(a)(2) of 10 CFR Part 50 describes 
special circumstances as including cases that would not serve the 
underlying purpose of the rule or are not necessary to achieve the 
underlying purpose of the rule.
    In a letter also dated October 27, 1993, the licensee applied for 
an amendment to Facility Operating License No. NPF-42 to change related 
provisions of the Wolf Creek Generating Station Technical 
Specifications.

III

    The Type A test is defined in 10 CFR Part 50, Appendix J, Section 
II.F, as a ``test intended to measure the primary reactor containment 
overall integrated leakage rate (1) After the containment has been 
completed and is ready for operation, and (2) at periodic intervals 
thereafter.'' The licensee conducted ILRTs during October 1988 and 
September 1991 that satisfied the requirements of Appendix J and 
related technical specifications. The measured leakage rates during 
these tests were well below the acceptance criteria with the majority 
of leakage being from containment penetrations and not the containment 
barrier itself. The requested exemption does not affect the performance 
of local leakage rate testing which would be expected to detect the 
most probable sources of containment leakage.
    In order to schedule the next ILRT such that it coincides with the 
10-year inservice inspections, as required by Appendix J, the licensee 
has requested a one-time exemption and related technical specification 
changes to perform the test during the eighth refueling outage. The 
eighth refueling outage is currently scheduled for Spring 1996 and 
would result in a test interval of approximately 54 months with the 
test being performed approximately six months after the end of the 
first 10-year service period. In the absence of the exemption and 
related technical specification changes, the licensee would be required 
to perform an ILRT during both the seventh and eighth refueling 
outages. This discrepancy results from the circumstances related to the 
operating cycle schedules and their correlation with the end of the 10-
year service period. Performance of a fourth ILRT coincident with the 
10-year inservice inspections is clearly beyond the intent of the 
regulations or technical specifications which specifically require 
three tests during 10-year service intervals.
    For the reasons set forth above, the NRC staff concludes that this 
one-time relief from the requirement to perform the third ILRT within a 
10-year service is not significant in terms of complying with the 
intent of Appendix J, Section III.D.1(a). Accordingly, the staff finds 
that the performance of ILRTs during both the seventh and eighth 
refueling outages would not result in a commensurate increase in the 
confidence of containment integrity. Therefore, the subject exemption 
request meets the special circumstances of 10 CFR 50.12, in that the 
fourth test is not necessary to achieve the underlying purpose of the 
rule.
    On this basis, the NRC staff finds that the licensee has 
demonstrated that special circumstances are present as required by 10 
CFR 50.12. Further the staff also finds that extending the schedule for 
the third ILRT to beyond the 10-year service period will not present an 
undue risk to the public health and safety.

IV

    Accordingly, the Commission has determined pursuant to 10 CFR 
50.12, this exemption is authorized by law and will not endanger life 
or property or the common defense and security and is otherwise in the 
public interest. Therefore, the Commission hereby grants Wolf Creek 
Nuclear Operating Corporation an exemption from the requirements of 10 
CFR part 50, Appendix J, Section III.D.1(a).
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
environment (59 FR 27076).

    Dated at Rockville, Maryland this 10th day of August 1994.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-20422 Filed 8-18-94; 8:45 am]
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