[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Notices]
[Pages 47193-47194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22463]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-498 and 50-499]


Exemption

    In the matter of Houston Lighting & Power Company, City Public 
Service Board of San Antonio, Central Power and Light Company, City 
of Austin, Texas (South Texas Project, Units 1 and 2).

I

    Houston Lighting & Power Company, (the licensee) is the holder of 
Facility Operating License Nos. NPF-76 and NPF-80, which authorizes 
operation of the South Texas Project, Units 1 and 2 (STP). The 
operating licenses provide, among other things, that the licensee is 
subject to all rules, regulations, and orders of the Commission now and 
hereafter in effect.
    The facilities consist of two pressurized water reactors at the 
licensee's site in Matagorda County, Texas.

II

    Section III.D.3 of Appendix J to 10 CFR Part 50 states that Type C 
tests shall be performed during each reactor shutdown for refueling but 
in no case at intervals greater than 2 years. Type C tests are tests 
intended to measure containment isolation valve leakage rates.

III

    By letter dated May 25, 1995, Houston Lighting & Power (HL&P) 
requested relief from the requirement to perform Type C tests during 
each reactor shutdown for refueling. HL&P proposes to perform the 
required Type C tests while the plant is at power.
    The licensee's request cites the special circumstances of 10 CFR 
50.12, 

[[Page 47194]]
paragraph (a)(2)(ii), as the basis for the exemption. The licensee 
states that the underlying purpose of the rule is to assure that 
adequate testing is done to assure containment integrity. The 
licensee's view is that from the standpoint of testing adequacy, when 
the testing is performed is not relevant because the conditions of 
testing are the same regardless of when it is performed. Taking credit 
for testing performed during power operation provides the same degree 
of assurance of containment integrity as taking credit for testing 
performed during shutdown. Therefore, consistent with 10 CFR 50.12, 
paragraph (a)(2)(ii), the licensee proposes that application of the 
regulation in this particular circumstance is not necessary to achieve 
the underlying purpose of the rule.

IV

    Section III.D.3 of Appendix J to 10 CFR Part 50 states that Type C 
tests shall be performed during each reactor shutdown for refueling but 
in no case at intervals greater than 2 years. The licensee proposes an 
exemption to this section to perform the required Type C tests while 
the plant is at power.
    The Commission has determined that pursuant to 10 CFR 50.12(a)(1) 
that 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. The Commission further determines that special 
circumstances, as provided in 10 CFR 50.12(a)(2)(ii), are present 
justifying the exemption; namely, that application of the regulation in 
this particular circumstance is not necessary to achieve the underlying 
purpose of the rule.
    The NRC staff has reviewed the basis and supporting information 
provided by the licensee in the exemption request. The staff agrees 
with the licensee's views provided above. In addition, the NRC staff 
position is that the focus of Section III.D.3 of Appendix J is on the 
maximum time period between Type C tests, not the plant's condition 
when the tests are performed. This position is illustrated in Section 
III.D.2 of Appendix J regarding Type B tests (for detection of local 
leakage of containment penetrations), where it states that Type B tests 
shall be performed during reactor shutdown for refueling, or other 
convenient intervals, but in no case at intervals greater than 2 years. 
From a safety standpoint, Type B and Type C tests are the same kinds of 
tests, performed on somewhat different types of containment isolation 
barriers; therefore, Type B and Type C tests can be treated similarly. 
Also, there is no reason to restrict Type C tests to refueling outages 
as long as the 2-year maximum interval is not exceeded. Based on the 
above, the NRC staff finds the basis for the licensee's proposed 
exemption from the requirement to perform the Type C tests during each 
reactor shutdown for refueling to be acceptable.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this Exemption will not have a significant impact on the 
quality of the human environment (60 FR 45171). This exemption is 
effective upon issuance.

    Dated at Rockville, Maryland, this 31st day of August 1995.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 95-22463 Filed 9-8-95; 8:45 am]
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