Commission canadienne. de surete nucleaire. Revised Notice of Public Hearing

Transcription

1 .+. Canadian Nuclear Safety Commission Commission canadienne de surete nucleaire NK38-CORR Revised Notice of Public Hearing July 29, 2014 Ref H-04 Revision I The Canadian Nuclear Safety Commission (CNSC) annoullces the postponement ofthe pub lic hearing scheduled for November 2014 to consider the application from Ontario Power Generation (OPO) to renew the Power Reactor Operating Licence (PROL) for the Darlington Nuclear Generating Station (NOS). The Darlington NOS is located in the municipality of Clarington, on the north shore of Lake Ontario. During a hearing held on July 23,2014, the Commi ss ion approved OPG's request for a 12 month extension of its li cence to allow additional time to provide more comprehensive documentation, reflect new CNSC expectations and facilitate publi c engagement in the upcoming public hearing. The public hearing to consider OPG' s application to renew the.prol for the Darlington NGS wi ll take place in the summer and fall 0[ During this hearing, the Commission will consider OPO's request [or a licence to cover the period required for comp let ing the proposed refurbishment of all four Darlington NOS units, and the completion of the major activities outlined in its /ntegrtlted jllmlelllenlatioll Phll/. A new Notice oj Public Hearing will be issued, and the publ ic wil l be invited to participate. c/o Louise Levert Secretariat Canadian Nuclear Safety Commission 280 Slater St., P.O. Box 1046 Ottawa, Ontario KIP 5S9 Tel.: or Fax: E mail: interventions@cnsc--ccsn.gc Canada

2 Commission canadienne Canadian Nuclear de surele nuch~aire Safety Commission Avis revise d' audience publique Le 29 juillet Rtf Revision 1 La Commission canadienne de sorete Ilud~aire (CCSN) annonce Ie report de I' audience publique prevue pour novembre 2014 en vue d'etudier la demande d'ontario Power Generation (OPG) concernant Ie renollvellement du perm is d'exploitation d'lln reacteur de puissance (PERP) pou r sa centrale nucu:aire de Darlington. La centrale de Darl ington est situee dans la municipa li te de Clarington, sur 13 rive nord du lac Ontario. Au COUfS d' une audience qui s'es! deroulcc Ie 23 juillet 2014, 1a Commission a approllve la demande d'opg qui souhaita it obtenir une prolongation de douze mois de son perm is atin de lui donner plus de temps pour fournir une documentation plus compu:te, tenir compte des nouvelles attelltes J ~ 1<1 CCSN et faciliter la mobilisation du public en vue de la prochaine audience puh li quc. L'alidience publique visanl it cwdicr la demande de renouvellemenl du PERl) d'opg polir sa centrale nucleai re de Darlington aura lieu it l'ete et it!'aulomne Au cours de cette audience, la Commission examinera la demande d'opg concernant un penn is qui couvrira la periode requ ise pour term iner la refection des quatre reacteurs de la centrale de Darlington et l'achevement des princi pales acti vites decrites dans son Phm integn! de mise ell Q;//vre (en ang lais seulement). Un nouvel Avis d'audience puhlique sera public et Ie public sera invite it participer. afs de Louise Levert Secretariat Comm ission canadienne de sqrete nucleai re Tel. : ou , rue Slater, c.p Telec.: Ottawa (Ontario) K IP 5S9 COUlTiel : interventions@cnsc-ccsn.gc Canada

3 NK38-CORR P Canadian Nuclear Safety Commission Secretariat Commission canadienne de sorete nucleaire Secretariat July 29,2014 Edocs Word Edocs PDF By Courier Mr. Brian Duncan Senior Vice President Darlington Nuclear. Ontario Power Generation Highway Holt Road South Bowmanville, ON L 1 C 3Z8 SUBJECT: Record of Proceedings and Licence - Ontario Power Generation Inc. Dear Mr. Duncan: In response Ontartio Power Generation Inc.'s request to amend the expiry date ofthe current Darlington Nuclear Generating Station Power Reactor Operating Licence from December 31, 20 J4 to December 31, 2015, we are writing to advise you that the Commission approved the requested amendment. Enclosed please find the Licence and the Record of Proceedings signed by the President. Sincerely, ~ Senior Tribunal Officer (613) , interventions@cnsc-ccsn.gc.ca Enclosures: Edocs Record ofproceedings Edocs Licence PROL 13.00/2015 cc: (by ) CNSC:M. Leblanc, G. Rentkowski, F. Rinfret and A. Ling OPG: W. Robbins and D. Coleman Slater SlI'eel 280. rue Slater Post Office Box 1046, Slation B Case pos!sie Sua:ursale B Ottawa, Ontario K1P SS9 CANADA Ottawa (0ntetI0~5S9 CANADA Facsimile: T6/8cX.lpieur : nuclearsalely.gc.ca suretenuclealf(f.gc.ca

4 - 2 Federal/Provincial Contacts: Dave Fumerton District Manager Ministry ofthe Environment York Durham District Office 230 Westney Road South, 5th Floor Ajax, Ontario L1 S 7J5 Nardia Ali Manager Environment Canada Compliance Promotion & Expert Support Section AES HQ-Ontario Storm Prediction 4905 Dufferin St. Toronto, Ontario M3H 5T4 Ted Wieclawek Fire Marshal ofontario & Chief of Emergency Management Office of the Fire Marshal and Emergency Management Place Nouveau, 7th FIr 5775 Yonge St Toronto ON M2M4JI Lothar Doehler Manager (A) Radiation Protection Service Ontario Ministry of Labour 81 A Resources Road Toronto, Ontario M9P 3Tl

5 Commission canadienne.de surel' nucleaire Record of Proceedings, Including Reas-ons for Decision In the Matter of :"?Applfcant... - Ontario Power Generation Inc. Applicalionto Amend the Power Reactor. Operating Licence for the Darlington Nuclear Generating Station.July 23, 2014! ii.,. j l I -.!, i BdocsPdf Canada

6 RECORD OF PROCEEDINGS Applicant: Address/Location: Purpose: Application received: Date ofhearing: Location: Members present: Secretary: Recording Secretary: Ontario Power Generation P.O. Box 4000, Bowmanville, Ontario, LIC 3Z8 Application to Amend the Power Reactor Operating Licence for the Darlington Nuclear Generating Station June 18,2014 July 23,2014 Canadian Nuclear Safety Commission (CNSC) 280 Slater St., Ottawa, Ontario M. Binder, Chair M. Leblanc D. Carriere Licence: Amended

7 Table of Contents 1.0 INTRODUCTION DECISION ISSUES AND COMMISSION FINDINGS CONCLUSION... 4

8 1.0 INTRODUCTION 1. Ontario Power Generation Inc. (OPG) has applied to the Canadian Nuclear Safety Commission J (CNSC), under subsection 24(2) of the Nuclear Safety and Control Acl (NSCA), for an amendment to the Power Reactor Operating Licence (PROL) for its Darlington Nuclear Generating Station (NGS) located in the municipality of Clarington, on the north shore of Lake Ontario. The current licence, PROL 13.00/2014, expires on December 31, OPG had earlier submitted an application for the renewal of the Darlington NGS PROL in December 2013, and submitted additional infonnation to support its application in February OPG requested a licence amendment to extend the expiry date of the current Darlington NGS PROL by twelve months to December 31, 2015 under the same tenns and conditions as the current licence. OPG has requested this licence amendment to allow additional time to provide more comprehensive documentation, reflect new CNSC expectations and facilitate public engagement in the upcoming hearing process for a longtenn licence, including refurbishment (CMD 14-Hl12.1, paragraphs a) to d». 4. In this Record ofproceedings, the Commission also responds to 3 ruling requests relating to the Darlington NGS licence renewal application, made pursuant to subsection 20(3) of the CNSC Rules ofprocedure 3 by several non-governmental organizations (NGOs) in a letter sent to the CNSC on June 18,2014, the same date as the licensee's amendment application. 5. In considering the application, the Commission was required to decide, pursuant to subsection 24(4) of the NSCA: a) ifopg is qualified to carry on the activity that the amended licence would authorize; and b) if in carrying on that activity, OPG would make adequate provision for the protection of the environment, the health and safety ofpersons and the maintenance ofnational security and measures required to implement international obligations to which Canada has agreed. I The Canadian Nuclear Safety Commission is referred to as the "CNSC" when referring to the organization and its staff in general, and a..'! the "Commission" when referring to the tribunal component. 2 Statutes ofcanada (S.C.) 1997, chapter (c.) 9. 3 Statutory Orders and Regulations (SOR)/

9 -2 Hearing 6. Pursuant to section 22 ofthe NSCA, the President of the Commission established a Panel of the Commission to review the application. The Commission, in making its decision, considered information presented by written material only for a hearing held on July 23, 2014 in Ottawa, Ontario. The Commission considered written submissions from OPG (CMD 14-Hl12.1) and CNSC staff(cmd 14-Hl12). 7. The Commission considered a request dated July 8, 2014 from six Non-Governmental Organizations requesting that the hearing not take place in closed session. The Commission considered that the information provided by OPG and CNSC staff was sufficient for it to make a decision without a public hearing. Submissions from OPG and CNSC staffhave been available to the public, as stated in the published Notice of Hearing and the July 8,2014 letter is also available upon request through the Secretariat. 2.0 DECISION 8. Based on its consideration of the matter, as described in more detail in the following sections ofthis Record ofproceedings, the Commission concludes that OPG has met the conditions of subsection 24(4) of the NSCA. Therefore, the Commission, pursuant to section 24 of the Nuclear Safety and Control Act, amends the Power Reactor Operating Licence issued to Ontario Power Generation Inc. for its Darlington Nuclear Generating Station located in the municipality of Clarington, Ontario. The amended licence, PROL 13.00/2015, is valid until December 31, 2015, unless suspended, amended, revoked or replaced. 3.0 ISSUES AND COMMISSION FINDINGS 9. OPG applied for an amendment to the expiry date of the current Darlington NOS PROL to provide (CMD 14-Hl12.1, paragraphs a) to d»: sufficient time for OPG to prepare supplementary material in support ofits request for a longer licence term and approval of the scope of work supporting extended future operations; the opportunity to reflect any new CNSC expectations regarding periodic safety reviews, which supports the transition to longer term operating licences, in supplemental OPG submissions; time to prepare material to meet new Commission expectations regarding Probabilistic Safety Assessment (PSA) related results; and sufficient time for OPG to make additional information publicly available to facilitate public engagement in the licence renewal process and allow the public adequate time to prepare and participate.

10 CNSC staff stated that OPO's application to amend the expiry date ofthe PROL has no impact on the nuclear substances, land, areas, buildings, structures, components, equipment and systems at the Darlington NOS. CNSC also staff stated that none ofthe Darlington NOS units will reach 210,000 Effective Full Power Hours (EFPHs) during the proposed extended licence term. 11. CNSC staff stated that, based on OPO's past performance and ongoing CNSC oversight, OPO is meeting and will continue to meet the regulatory requirements outlined in the PROL to operate the Darlington NOS safely. 12. CNSC staff also stated that, with the current regulatory framework in place, there are no nuclear safety related issues that would be negatively affected by a twelve-month extension of the PROL. 13. CNSC staff reported that OPO would be required to submit supplemental information regarding the licence renewal application that was submitted in December 2013, as detailed above. Requests for Ruling 14. In a letter sent to the CNSC on June 18,2014, representatives from Durham Nuclear Awareness, Lake Ontario Waterkeeper, Canadian Environmental Law Association, New Clear Free Solutions, Greenpeace Canada, and International Institute of Concern for Public Health made requests for rulings pursuant to subsection 20(3) ofthe CNSC Rules ofprocedure. This letter is available upon request through the Secretariat. 15. The Commission accepts the first request to conduct a two-part hearing regarding OPO's request for the renewal of its operating licence for the Darlington NOS. The hearing is expected to take place in Ottawa (Part 1) and in the community (Part 2) in the summer and fall 2015 respectively. The hearing will be webcast. 16. In the second request, the Commission is asked to permit members of the public to submit written questions to OPO and CNSC staff regarding their submissions on the licence application on or before the first part ofthe hearing. The Commission does not accept this request. The Commission notes that, should intervenors have questions for OPO or CNSC staff, they are invited to state them in their written submissions that will be considered for the second part of the hearing, which is mostly focused on considering information provided by stakeholders, as well as in the content of their oral presentations. 17. The third request is that the Commission will require that OPO and CNSC staff proactively release all documentation, including correspondence between the two organizations related to the licence application that is not security sensitive to the public. It is requested that this documentation be available at least 60 days before the deadline for making written submissions. The Commission will do everything in its power to ensure that relevant documentation is available within appropriate timelines. The Commission notes that a key consideration for extending the current licence period by 12 months is to

11 -4 ensure that more comprehensive, timely infonnation is available to all participants prior to the hearing. 4.0 CONCLUSION 18. The Commission has considered the infonnation and submissions from OPO and CNSC staff and is satisfied that the requested amendment will not adversely impact the safety of the Darlington NOS operations. Indeed, the Commission is of the view that the amendment will facilitate a renewal hearing with comprehensive infonnation. 19. The Commission currently considers the Darlington NOS to be safe. The Commission also notes that there are in place provisions for strict monitoring of the facility and that OPO does report regularly to CNSC staff. The Commission also notes that CNSC staff will report to the Commission on a timely basis any significant event at the Darlington facility, and that CNSC staffwill report on the status of the Darlington facility as part of the CNSC Staff Integrated Safety Assessment of Canadian Nuclear Power Plants for 2013 at the August 2014 public Comm ission Meeting. JUL Michael Binder President, Canadian Nuclear Safety Commission Date

12 Canadian Nuclear Commission canadienne 1+1 Safety Commission de sqrete nucleaire PDF Ref.: e-doc Word Ref.: e-doc File / Dossier: 2.01 NUCLEAR POWER REACTOR OPERATING LICENCE DARLINGTON NUCLEAR GENERATING STATION I) LICENCE NUMBER: PROL 13.00/2015 II) LICENSEE: Pursuant to section 24 ofthe Nuclear Safety and Control Act this licence is issued to: Ontario Power Generation Inc 700 University Avenue Toronto, Ontario M5G lx6 III) LICENCE PERIOD: This licence is valid from March 1,2013 to December 31,2015, unless suspended, amended, revoked or replaced. IV) LICENSED ACTIVITIES: This licence authorizes the licensee to: (i) (ii) operate the Darlington Nuclear Generating Station which includes the Darlington Tritium Removal Facility housed within the Heavy Water Management Building (hereinafter "the nuclear facility") at a site located in the Township of Darlington, in the Municipality of Clarington, in the Regional Municipality ofdurham, in the Province of Ontario; possess, transfer, use, package, manage and store the nuclear substances that are required for, associated with, or arise from the activities described in (i); (iii) possess and use prescribed equipment and prescribed information that are required for, associated with, or arise from the activities described in (i); V) EXPLANATORY NOTES: (i) Nothing in this licence shall be construed to authorize non-compliance with any other applicable legal obligation or restriction. (ii) (iii) Unless otherwise provided for in this licence, words and expressions used in this licence have the same meaning as in the Nuclear Safety and Control Act and associated Regulations. The Darlington NGS Licence Conditions Handbook (LCH) provides compliance verification criteria in order to meet the conditions listed in the licence. The LCH also provides information regarding delegation ofauthority, applicable versions of documents and non-mandatory recommendations and guidance on how to achieve compliance.

13 Page 2 of5 Nuclear Power Reactor Licence PROL 13.00/2015 VI) CONDITIONS: 1. General 1.1 The licensee shall conduct the activities described in Part IV ofthis licence in accordance with the licensing basis, as defined in Canadian Nuclear Safety Commission (CNSC) document INFO-0795 LICENSING BASIS OBJECTIVE AND DEFINITION, unless otherwise approved in writing by the CNSC (hereinafter "the Commission"). 1.2 The licensee shall give written notification ofchanges made to the licensee documents submitted to support the licence application. 1.3 The licensee shall report any apparent non-compliance ofapplicable law at the federal, provincial or municipal level that pertains to the activities licensed under this licence to the Commission or a person authorized by the Commission. 1.4 The licensee shall control the use and occupation ofany land within the exclusion zone so that no permanent dwelling is permitted. 1.5 The licensee shall provide, at the nuclear facility and at no expense to the Commission, office space for employees ofthe Commission who customarily carry out their functions on the premises ofthat nuclear facility (on-site Commission staff). The licensee shall keep the office space ofon-site Commission staff separate from the remainder ofthe building in which it is located by walls or other suitable structures. 1.6 The licensee shall maintain financial guarantees for decommissioning acceptable to the Commission and shall satisfy the Commission that the financial guarantee remains valid and in effect and sufficient to meet the decommissioning needs. 1.7 The licensee shall, in the event ofany conflict or inconsistency between licence conditions, codes or standards or regulatory documents referenced in this licence, direct the conflict or inconsistency to the Commission, or a person authorized by the Commission, for resolution. 1.8 The licensee shall implement and maintain a public information and disclosure program in accordance with CNSC regulatory document RD/GD-99.3 PUBLIC INFORMATION AND 2. Management System 2.1 The licensee shall implement and maintain a management system in accordance with the Canadian Standards Association (CSA) standard N286 MANAGEMENT SYSTEM REQUIREMENTS FOR 3. Hnman Performance Mana2ement 3.1 The licensee shall implement and maintain a human performance program. 3.2 The licensee shall implement and maintain the minimum shift complement for the nuclear facility.

14 Page 3 of5 Nuclear Power Reactor Operating Licence PROL 13.00/ The licensee shall implement and maintain a training program that includes certification training and examinations for positions requiring certified personnel in accordance with CNSC regulatory document RD-204 CERTIFICATION OF PERSONS WORKING AT NUCLEAR POWER PLANTS. Persons appointed to the following positions require certification: (i) (ii) (iii) (iv) (v) Responsible Health Physicist; Shift Manager; Control Room Shift Supervisor; Authorized Nuclear Operator; and Unit 0 Control Room Operator. 4. Operating Performance 4.1 The licensee shall implement and maintain an operations program, which must have as components: (i) (ii) (iii) a Safe Operating Envelope in accordance with CSA standard N290.1S REQUIREMENTS FOR TIlE SAFE OPERATING ENVELOPE FOR NUCLEAR POWER PLANTS; a set ofoperating policies and principles; and accident management procedures and/or guides for design basis and beyond design basis accidents, including overall strategies for recovery. 4.2 The licensee shall not restart the reactor after a serious process failure or a potential serious process failure, without the prior written approval of the Commission, or prior written consent ofa person authorized by the Commission. 4.3 The licensee shall notify and report in accordance with CNSC regulatory document S-99 REpORTING REQUIREMENTS FOR OPERATING NUCLEAR POWER PLANTS. S. Safety Analysis 5.1 The licensee shall implement and maintain a safety analysis program in accordance with CNSC regulatory documents: (i) (ii) RD-310 SAFETY ANALYSIS FOR NUCLEAR POWER PLANTS; and S-294 PROBABILISTIC SAFETY ASSESSMENT (PSA) FOR NUCLEAR POWER PLANTS. 5.2 The licensee shall ensure that design and analysis computer codes and software used to support the safe operation of the nuclear facility are in accordance with CSA standard N286.7 QUALITY ASSURANCE OF ANALYTICAL, SCIENTIFIC AND DESIGN COMPUTER PROGRAMS FOR NUCLEAR POWER PLANTS. 6. Physical Design 6.1 The licensee shall implement and maintain a design program. 6.2 The licensee shall implement and maintain a pressure boundary program in accordance with CSA standard N28S.0 GENERAL REQUIREMENTS FOR PRESSURE RETAINING SYSTEMS AND COMPONENTS IN CANDU NUCLEAR POWER PLANTS and have in place a fonnal agreement, deemed acceptable to the Commission or a person authorized by the Commission, with an Authorized Inspection Agency. 6.3 The licensee shall implement and maintain an environmental qualification program in accordance with CSA standard N ENVIRONMENTAL OUALIFICATION OF EQUIPMENT FOR CANDU NUCLEAR POWER PLANTS.

15 Page 4 of5 Nuclear Power Reactor Operating Licence PROL Fitness for Service 7.1 The licensee shall implement and maintain a fitness for service program in accordance with CNSC regulatory documents and CSA standards: (i) S-210 MAINTENANCE PROGRAMS FOR NUCLEAR POWER PLANTS; (ii) RD/GD-98 RELIABILITY PROGRAMS FOR NUCLEAR POWER PLANTS; (iii) N285.4 PERIODIC INSPECTION OF CANDU NUCLEAR POWER PLANT COMPONENTS; (iv) N285.5 PERIODIC INSPECTION OF CANDU NUCLEAR POWER PLANT CONTAINMENT COMPONENTS; and (v) N IN SERVICE EXAMINATION AND TESTING REQUIREMENTS FOR CONCRETE CONTAINMENT STRUCTURES FOR CANDU NUCLEAR POWER PLANTS. In addition, the fitness for service program shall include an in-service inspection program for the safety significant balance of plant pressure retaining systems and components, and safety-related structures. 8. Radiation Protection 8.1 The licensee shall implement and maintain a radiation protection program, which includes a set of action levels. When the licensee becomes aware that an action level has been reached, the licensee shall notify the Commission within three working days. 9. Conventional Health and Safety 9.1 The licensee shall implement and maintain a conventional health and safety program. 10. Environmental Protection 10.1 The licensee shall implement and maintain an environmental protection program in accordance with CNSC regulatory document S-296 ENVIRONMENTAL PROTECTION POLICIES, PROGRAMS AND PROCEDURES AT CLASS I NUCLEAR FACTLITIES AND URANIUM MINES AND MILLS The licensee shall control and monitor releases of nuclear substances to the environment in accordance with CSA standard N288.1 GUIDELINES FOR CALCULATING DERIVED RELEASE LIMITS FOR RADIOACTIVE MATERIAL IN AIRBORNE AND LIQUID EFFLUENTS FOR NORMAL OPERATION OF NUCLEAR FACILITIES. The licensee shall also have a set of environmental action levels. When the licensee becomes aware that an environmental action level has been reached, the licensee shall notify the Commission within three working days The licensee shall control and monitor the releases of hazardous substances. 11. Emergency Management and Fire Protection 11.1 The licensee shall implement and maintain an emergency preparedness program, and conduct exercises in accordance with CNSC regulatory document RD-353 TESTING AND IMPLEMENTATION OF EMERGENCY MEASURES The licensee shall implement and maintain a fire protection program in accordance with CSA standard N293 FIRE PROTECTION FOR CANDU NUCLEAR POWER PLANTS.

16 Page 5 of5 Nuclear Power Reactor Operating Licence PROL Waste Management 12.1 The licensee shall implement and maintain an in-plant waste management program The licensee shall implement and maintain a decommissioning program in accordance with CSA standard N294 DECOMMISSIONING OF FACILmES CONTAINING NUCLEAR SUBSTANCES. 13. Security 13.1 The licensee shall implement and maintain a security program in accordance with CNSC regulatory documents: (i) (ii) (iii) (iv) 14. Safeguards S-298 NUCLEAR RESPONSE FORCE STANDARD; RD-363 NUCLEAR SECURllY OFFICER MEDICAL. PHYSICAL. AND PSYCHOLOGICAL FITNESS; RD-32t CRITERIA FOR PHYSICAL PROTECTION SYSTEMS AND DEVICES AT HIGH SECURITY SITES; and RD-361 CRITERIA FOR EXPLOSIVE SUBSTANCE DETECTION. X-RAY IMAGING. AND METAL DETECTION DEVICES AT HIGH-SECURIlY SITES The licensee shall implement and maintain a safeguards program and undertake all measures required to ensure safeguards implementation at the nuclear facility. IS. Packaging and Transport 15.1 The licensee shall implement and maintain a packaging and transport program. 16. Nuclear Facility-Specific 16.1 The licensee shall implement and maintain an operations program for the Tritium Removal Facility, which includes as a component a set ofoperating policies and principles. SrGNED at OTTAWA J_U_l_Z_5_20_14 / Michael Binder President CANADIAN NUCLEAR SAFETY COMMISSION