NUCLEAR REGULATORY NUCLEAR REGULATORY the main steam pathway leakage
COMMISSION COMMISSION contributions from the sum of the leakage rates from Type B and Type C [Docket No. 50–298] [Docket No. 40–8968–ML] tests. The main steam leakage effluent has Nebraska Public Power District, Notice of Appointment of Adjudicatory a different pathway to the environment, Cooper Nuclear Station; Exemption Employees when compared to a typical 1.0 Background containment penetration. It is not Commissioners: Dale E. Klein, directed into the secondary containment Nebraska Public Power District (NPPD Chairman; Edward McGaffigan, Jr.; and filtered through the standby gas or the licensee) are the holders of treatment system as is other Jeffrey S. Merrifield; Gregory B. Facility Operating License No. DPR–46 containment leakage. Instead, the main Jaczko; Peter B. Lyons. which authorizes operation of the steam isolation valve (MSIV) leakage is In the Matter of Hydro Resources, Inc. Cooper Nuclear Station (CNS). The directed through the main steam drain (P.O. Box 777, Crownpoint, NM license provides, among other things, piping into the condenser and is 87313) that the facility is subject to all rules, released into the environment as an regulations, and orders of the Nuclear unfiltered ground level effluent. Pursuant to 10 CFR 2.4, notice is Regulatory Commission (NRC, the In summary, the licensee analyzed the hereby given that Mr. Jon Peckinpaugh, Commission) now or hereafter in effect. MSIV leakage pathway and the Commission employee of the Office of The facility consists of a boiling-water containment leakage pathways Nuclear Material Safety and Safeguards, reactor located in Nemaha County, separately in a dose consequences Division of Waste Management and Nebraska. analysis. The calculated radiological Environmental Protection, and Mr. 2.0 Request/Action consequences of the combined leakage Bruce Watson, Commission employee of were found to be within the criteria of the Office of Federal and State Materials Title 10 of the Code of Federal 10 CFR part 100 and General Design and Environmental Management Regulations (10 CFR), section 50.54(o), Criterion (GDC) 19. The NRC staff Programs, Decommissioning and requires primary reactor containments reviewed the licensee’s analyses and for water-cooled power reactors to be found them acceptable as described in Uranium Recovery Licensing subject to the requirements of Appendix a safety evaluation dated September 1, Directorate, have been appointed as J to 10 CFR part 50. Appendix J specifies 2004. By separating the MSIV leakage Commission adjudicatory employees the leakage test requirements, acceptance criteria from the overall within the meaning of Section 2.4, to schedules, and acceptance criteria for advise the Commission regarding issues integrated leak rate test criterion, and tests of the leak-tight integrity of the from the Type B and C leakage sum related to the pending Commission primary reactor containment, and review of LBP–06–19. Messrs. limitation, the CNS containment leakage systems and components that penetrate testing will be made more consistent Peckinpaugh and Watson have not the containment. Option B of Appendix previously performed any investigative with the limiting assumptions used in J is titled, ‘‘Performance-Based the associated accident consequences or litigating function in connection with Requirements.’’ Option B, Section III.A., this or any related proceeding. Until analyses. ‘‘Type A Test,’’ requires, among other such time as a final decision is issued things, that the overall integrated 3.0 Discussion in this matter, interested persons leakage rate must not exceed the Pursuant to 10 CFR 50.12, the outside the agency and agency allowable leakage rate (La) with margin, Commission may, upon application by employees performing investigative or as specified in the Technical any interested person or upon its own litigating functions in this proceeding Specifications (TSs). The overall initiative, grant exemptions from the are required to observe the restrictions integrated leak rate, is defined in 10 requirements of 10 CFR part 50 when (1) of 10 CFR 2.780 and 2.781 1 in their CFR part 50, Appendix J as ‘‘the total the exemptions are authorized by law, communications with Messrs. leakage rate through all tested leakage will not present an undue risk to public Peckinpaugh and Watson. paths, including containment welds, health and safety, and are consistent valves, fittings, and components that with the common defense and security, It is so ordered. penetrate the containment system.’’ This and (2) when special circumstances are Dated at Rockville, Maryland this 1st day includes the contribution from MSIV present. Special circumstances are of November 2006. leakage. The licensee has requested present whenever, according to 10 CFR For the Commission. exemption from Option B, Section III.A 50.12(a)(2): Annette L. Vietti-Cook, requirements to permit exclusion of (i) Application of the regulation in the Secretary of the Commission. MSIV leakage from the overall particular circumstances conflicts with integrated leak rate test measurement. other rules or requirements of the [FR Doc. E6–18715 Filed 11–6–06; 8:45 am] Main steam leakage includes leakage Commission; or BILLING CODE 7590–01–P through all four main steam lines and (ii) Application of the regulation in the main steam drain line. the particular circumstances would not Option B, Section III.B of 10 CFR part serve the underlying purpose of the rule 50, Appendix J, ‘‘Type B and C Tests,’’ or is not necessary to achieve the requires, among other things, that the underlying purpose of the rule; or 1 These rule designations are from our former Part sum of the leakage rates at accident (iii) Compliance would result in 2, which has been revised and renumbered. See pressure of Type B tests and pathway undue hardship or other costs that are ycherry on PROD1PC64 with NOTICES
‘‘Changes to Adjudicatory Process,’’ 69 FR 2182
leakage rates from Type C tests be less significantly in excess of those (Jan. 14, 2004). For cases such as this one, docketed prior to February 13, 2004, the previous procedural than the performance criterion (La) with contemplated when the regulation was rules, including 10 CFR 2.780 and 2.781, continue margin, as specified in the TSs. The adopted, or that are significantly in to apply. Substantially equivalent rules now appear licensee also requests exemption from excess of those incurred by others at 10 CFR 2.347 and 2.348. this requirement, to permit exclusion of similarly situated; or
VerDate Aug<31>2005 14:44 Nov 06, 2006 Jkt 211001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1