Text

License Amendment Request Revision to Technical Specification Administrative Controls for Permanently Defueled Condition
	ML16015A456
Person / Time
Site:	FitzPatrick
Issue date:	01/15/2016
From:	Brian Sullivan; Entergy Nuclear Northeast, Entergy Nuclear Operations
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	JAFP-15-0143
	Download: ML16015A456 (28)
	v • d • e

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

James A. FitzPatrick NPP P.O. Box 110 Lycoming, NY 13093 Tel 315-342-3840 Brian R. Sullivan Site Vice President - JAF JAFP-15-0143 January 15, 2016 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk 11555 Rockville Pike Rockville, MD 20852

SUBJECT:

License Amendment Request - Revision to Technical Specification Administrative Controls for Permanently Defueled Condition James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059

REFERENCES:

1. Letter, Entergy Nuclear Operations, Inc., to USNRC, Notification of Permanent Cessation of Power Operations, JAFP 15-0133, dated November 18, 2015 (ML15322A273)

2. Letter, Entergy Nuclear Operations, Inc., to USNRC, Request for Approval of Certified Fuel Handler Training Program," JAFP 15-0142 dated January 15, 2016

Dear Sir or Madam:

In accordance with 10 CFR 50.90, Entergy Nuclear Operations, Inc. (ENO) is proposing an amendment to Renewed Facility Operating License (OL) DPR-059 for James A. FitzPatrick Nuclear Power Plant (JAF).

In Reference 1, ENO notified the NRC that it has decided to permanently cease operations of JAF at the end of the current operating cycle. Once certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel are submitted to the NRC in accordance with 10 CFR 50.82(a)(1)(i) and (ii), per 10 CFR 50.82(a)(2), the 10 CFR Part 50 license no longer will permit operation of the reactor or placement of fuel in the reactor vessel.

The basis for the proposed amendment is that certain license conditions and administrative controls may be revised or removed to reflect the permanently defueled condition.

This request also proposes changes to the staffing and training requirements for the JAF staff contained in Section 5.0, Administrative Controls, of the JAF Technical Specifications (TS).

Reference 2 was submitted proposing a Certified Fuel Handler training program for NRC approval.

ENO has reviewed the proposed amendment in accordance with 10 CFR 50.92 and concludes it does not involve a significant hazards consideration.

JAFP-15-0143 Page 2 of 3 In accordance with 10 CFR 50.91, a copy of this application, with attachments, is being provided to the State of New York State Public Service Commission. to this letter provides a detailed description and evaluation of the proposed change. Attachment 2 contains a markup of the current TS pages. Attachment 3 contains the retyped TS pages.

ENO requests review and approval of this proposed license amendment by November 1, 2016 and a 60 day implementation period from the effective date of the amendment. ENO requests that the approved amendment become effective following NRC approval of the Certified Fuel Handler training program (Reference 2) and submittal of the certifications required by 10 CFR 50.82(a)(1 ).

This submittal contains no new regulatory commitments.

If you have any questions regarding the content of this submittal, please contact Chris M.

Adner, Regulatory Assurance Manager, at 315-349-6766.

I declare under penalty of perjury that the foregoing is true and correct.

Sincerely, Brian R. Sullivan Site Vice President BRS/CMA/ble Attachments:

1. Description and Evaluation of the Proposed Changes

2. Markup of the Current Technical Specification Pages

3. Retyped Technical Specification Pages cc: Mr. Daniel H. Dorman Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713

JAFP-15-0143 Page 3 of 3 cc list continued:

Mr. Douglas V. Pickett, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop O 8 G9A Washington, DC 20555 Ms. Bridget Frymire, NYSPSC Mr. John B. Rhodes., President NYSERDA NRC Resident Inspector

JAFP-15-0143 Docket 50-333 Attachment 1 James A. FitzPatrick Nuclear Power Plant License Amendment Request - Revision to Technical Specification Administrative Controls for Permanently Defueled Condition

JAFP 15-143 Attachment 1 Page 1 of 13

1.

SUMMARY

DESCRIPTION On November 18, 2015, Entergy Nuclear Operations, Inc. (ENO) announced that James A.

FitzPatrick Nuclear Power Plant (JAF) would be permanently retired at the end of the current operating cycle. In Reference 1, ENO provided formal notification of the intention to permanently cease power operations of JAF in accordance with 10 CFR 50.82(a)(1)(i).

This evaluation supports a request to amend Renewed Facility Operating License (OL) DPR-059 for JAF. The proposed changes would revise and remove certain requirements contained within Section 5.0, Administrative Controls, of the JAF Technical Specifications (TS). The TS requirements being changed would not be applicable once it has been certified that all fuel has permanently been removed from the JAF reactor in accordance with 10 CFR 50.82(a)(1)(ii). Once the certifications for permanent cessation of operations and permanent fuel removal from the reactor vessel are made, the 10 CFR Part 50 license for JAF no longer will authorize operation of the reactor or placement of fuel in the reactor vessel, in accordance with 10 CFR 50.82(a)(2).

The changes proposed by this amendment would not be effective until the certification of permanent removal of fuel from the reactor vessel has been submitted to the NRC and the NRC has approved the JAF Certified Fuel Handler training program submitted in Reference 2.

2. DETAILED DESCRIPTION AND BASIS FOR THE CHANGES The following table identifies each section that is being changed, the proposed changes, and the basis for the changes:

Proposed Changes to JAF Technical Specification Section 5.0, Administrative Controls 5.1 Responsibility Current TS 5.1.1 Proposed TS 5.1.1 The plant manager shall be responsible for The plant manager shall be responsible for overall plant operation and shall delegate in overall facility operation and shall delegate in writing the succession to this responsibility writing the succession to this responsibility during during his absence. his absence.

The plant manager or his designee shall The plant manager or his designee shall approve, prior to Implementation, each approve, prior to Implementation, each proposed proposed test, experiment, and modification test, experiment, and modification to systems or to systems or equipment that affect nuclear equipment that affect nuclear safety.

safety.

Current TS 5.1.2 Proposed TS 5.1.2 The shift supervisor shall be responsible for The shift supervisor shall be responsible for the the control room command function. During shift command function.

JAFP 15-143 Attachment 1 Page 2 of 13 any absence of the shift supervisor from the control room while the unit is in plant startup or normal operation, an individual with an active Senior Reactor Operator (SRO) license shall be designated to assume the control room command function. During any absence of the shift supervisor from the control room while the unit is in cold shutdown or refueling with fuel in the reactor, an individual with an active SRO license or Reactor Operator license shall be designated to assume the control room command function.

Basis This section identifies the responsibilities for the control room command function associated with Modes of plant operation, and is based on personnel positions and qualifications for an operating plant. It identifies the need for a delegation of authority for command in an operating plant when the principal assignee leaves the control room.

This section is being changed to eliminate the Mode dependency for this function and personnel qualifications associated with an operating plant. The proposed change establishes the shift supervisor as having command of the shift. Delegation of command is unnecessary once JAF is in the permanently defueled condition with fuel in the spent fuel pool. Any event involving loss of pool cooling would evolve slowly enough that no immediate response would be required to protect the health and safety of the public or station personnel.

5.2 Organization Current TS 5.2.1, Onsite and Offsite Proposed TS 5.2.1, Onsite and Offsite Organizations Organizations Onsite and offsite organizations shall be Onsite and offsite organizations shall be established for plant operation and corporate established for facility staff and corporate management, respectively. The onsite and management, respectively. The onsite and offsite offsite organizations shall include the organizations shall include the positions for positions for activities affecting safety of the activities affecting safety of the nuclear fuel.

nuclear power plant.

b. The plant manager shall be b. The plant manager shall be responsible for responsible for overall safe operation overall safe operation of the facility and shall of the plant and shall have control over have control over those onsite activities those onsite activities necessary for necessary for safe storage and maintenance safe operation and maintenance of the of the nuclear fuel; plant

c. The chief nuclear officer shall have c. The corporate officer shall have overall

JAFP 15-143 Attachment 1 Page 3 of 13 corporate responsibility for overall plant responsibility for the safe handling and storage nuclear safety and shall take any of nuclear fuel and shall take any measures measures needed to ensure needed to ensure acceptable performance of acceptable performance of the staff in the staff in operating, maintaining, and operating, maintaining, and providing providing technical support to the facility to technical support to the plant to ensure ensure safe management of nuclear fuel; and nuclear safety; and

d. The individuals who train the operating d. The individuals who train the Certified Fuel staff, carry out radiation protection, or Handlers, carry out radiation protection, or perform quality assurance functions perform quality assurance functions may may report to the appropriate onsite report to the appropriate onsite manager; manager; however, these individuals however, these individuals shall have shall have sufficient organizational sufficient organizational freedom to ensure freedom to ensure their independence their ability to perform their assigned functions.

from operating pressures.

Basis The introduction to this section identifies that organizational positions are established that are responsible for the safety of the nuclear plant. This is changed to require that positions be established that are responsible for the safe handling and storage of nuclear fuel. This change removes the implication that JAF can return to operation once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC.

The terms safe storage and maintenance of nuclear fuel and safe management of nuclear fuel are considered analogous to nuclear safety for a plant that will be in the permanently defueled condition. Proposed changes to replace nuclear safety with one of these analogues serves to narrow the focus of nuclear safety concerns to the nuclear fuel.

TS 5.2.1.a - No changes are proposed to this specification.

TS 5.2.1.b - This section identifies the organizational position responsible for the safe operation of the plant, and for control of activities necessary for the safe operation and maintenance of the plant.

To reflect the change in safety concerns from an operating plant to a permanently defueled plant, the responsibility for control of activities necessary for the safe operation and maintenance of the plant is changed to the responsibility for safe storage and maintenance of the nuclear fuel.

TS 5.2.1.c - This section identifies the organizational position responsible for overall nuclear plant safety.

To reflect the change in safety concerns from an operating plant to a permanently defueled plant, the responsibility for ensuring nuclear safety is changed to the responsibility for ensuring safe management of nuclear fuel. The assignment of this responsibility is changed from the JAF site vice president to a specified corporate officer. This change provides ENO the flexibility to assign overall responsibility to a corporate officer position other than a site vice president. The site vice president is considered a corporate officer position. This position has no qualification

JAFP 15-143 Attachment 1 Page 4 of 13 requirements beyond the applicable requirements established in ANSI/ANS 3.1-1978. The revised specification is consistent with TS 5.2.1.c of NUREG-1433, Standard Technical Specifications General Electric BWR/4 Plants, Revision 4 (Reference 3).

TS 5.2.1.d - This paragraph addresses the requirement for organizational independence of the personnel who train the operations staff, health physics personnel and quality assurance personnel from operating pressures.

This is changed to replace "operating staff' with "Certified Fuel Handlers" and to replace "their independence from operating pressures" to "their ability to perform their assigned functions."

These changes reflect the changed function of the previous operating staff to a focus on safe handling and storage of nuclear fuel, and to remove the implication that JAF can return to operation once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC.

Current TS 5.2.2, Plant Staff Proposed TS 5.2.2, Facility Staff The plant staff organization shall include the The facility staff organization shall include the following: following:

a. At least one non-licensed operator a. Each duty shift shall be composed of at shall be on site when the plant is in least one shift supervisor and one Non-Mode 4 or 5. At least two non- certified Operator. The Non-Certified licensed operators shall be on site Operator position may be filled by a when the plant is in Mode 1, 2, or 3. Certified Fuel Handler.

b. Shift crew composition may be less b. Shift crew composition may be less than than the minimum requirement of 10 the minimum requirements of 5.2.2.a for a CFR 50.54(m)(2)(i) and 5.2.2.a and period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in 5.2.2.f for a period of time not to order to accommodate unexpected exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to absence of on-duty shift crew members accommodate unexpected absence provided immediate action is taken to of on- duty shift crew members restore the shift crew composition to within provided immediate action is taken to the minimum requirements.

restore the shift crew composition to within the minimum requirements.

c. A radiation protection technician shall c. A radiation protection technician shall be be on site when fuel is in the reactor. on site during the movement of fuel and The position may be vacant for not during the movements of loads over fuel.

more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to The position may be vacant for not more provide for unexpected absence, than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to provide for provided immediate action is taken to unexpected absence, provided immediate fill the required position. action is taken to fill the required position.

d. Deleted d. Oversight of fuel handling operations shall be provided by a Certified Fuel Handler.

e. The operations manager or assistant e. The shift supervisor shall be a Certified operations manager shall hold an Fuel Handler.

SRO license.

f. When in MODES 1, 2, or 3 an f. At least one person qualified to stand

JAFP 15-143 Attachment 1 Page 5 of 13 individual shall provide advisory watch in the control room (Non-certified technical support to the unit Operator or Certified Fuel Handler)shall be operations shift crew in the areas of present in the control room when nuclear thermal hydraulics, reactor fuel is stored in the spent fuel pool.

engineering, and plant analysis with regard to the safe operations of the unit. This individual shall meet the qualifications specified by ANSI/ANS 3.1-1993 as endorsed by RG 1.8, Rev. 3, 2000.

Basis TS 5.2.2.a - At least one non-licensed operator shall be on site when the plant is in Mode 4 or 5.

At least two non-licensed operators shall be on site when the plant is in Mode 1, 2, or 3.

Since this can never occur again at JAF once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC, the minimum requirement is changed to a minimum crew compliment of one shift supervisor and one Non-certified Operator. This reflects the reduced number of systems, compared to an operating reactor, required to provide and support spent fuel pool cooling and monitor spent fuel pool parameters, such as pool level and temperature, while still maintaining the ability to ensure spent fuel handling operations are carried out in a safe manner.

Moreover, the spectrum of credible accidents and operational events, and the quantity and complexity of activities required for safety has been greatly reduced from that at an operating plant. The shift supervisor will be qualified as a Certified Fuel Handler in accordance with new paragraph 5.2.2.e. In this position, this individual will retain command and control responsibility for operational decisions and will be responsible for the functions required for event reporting and emergency response.

TS 5.2.2.b - This paragraph addresses the conditions under which the minimum shift compliment may be reduced. It contains a reference to 10 CFR 50.54(m) which establishes the minimum requirements for a licensed operating staff for facility operation. It also allows for shift crew composition to be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and Specifications 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to accommodate unexpected absence of on-duty shift crew members, provided immediate action is taken to restore the shift crew composition to within the minimum requirements The references to 10 CFR 50.54(m) are removed since JAF will not return to operation in the future once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC, and the requirement for licensed operating personnel will no longer be required to protect public health and safety. Reference to TS 5.2.2.f is removed to be consistent with the proposed change to delete the Specification. Additional provisions are added to ensure that shift crew composition is not below the minimum requirements when fuel movements are in progress, movements of loads over fuel are in progress or shift turnover is in progress.

TS 5.2.2.c - This paragraph establishes the requirement for a person qualified in radiation protection procedures to be onsite when fuel is in the reactor. This paragraph also allows for the position to be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

JAFP 15-143 Attachment 1 Page 6 of 13 This requirement is being deleted because once the fuel is certified removed from the reactor in accordance with 10 CFR 50.82(a)(1)(ii), JAF will be prohibited by 10 CFR 50.82(a)(2) from placing fuel back into the reactor vessel. Therefore, this requirement will no longer be applicable.

This requirement is being replaced with a requirement for an individual qualified in radiation protection procedures to be present on-site during the movement of fuel and during the movement of loads over fuel.

TS 5.2.2.d - This paragraph was originally deleted.

This paragraph is changed to establish the requirement for having oversight of fuel handling operations performed by a Certified Fuel Handler. Fuel moves and heavy load moves that could affect the safe handling and storage of nuclear fuel would be approved by the shift supervisor.

Proposed TS 5.2.2.e requires the shift supervisor to be a Certified Fuel Handler.

TS 5.2.2.e - This paragraph establishes the requirement for the operations manager, or an assistant operations manager, to hold a Senior Reactor Operator (SRO) license.

This paragraph is being revised to replace the requirement with a requirement that the shift supervisor shall be a Certified Fuel Handler. Once the certifications required by 10 CFR 50.82(a)(1) have been submitted, the requirements of 10 CFR 50.54(m) will no longer be applicable because the JAF Part 50 license no longer will authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel. These certifications also obviate the need for the operators' licenses specified in 10 CFR 55. Therefore, there is no longer a need for operations management staff to hold a SRO license. Replacing this with a requirement that the shift supervisor shall be a Certified Fuel Handler ensures that the senior individual on shift is appropriately trained and qualified, in accordance with the NRC-approved Certified Fuel Handler training program, to supervise shift activities.

The JAF management structure will not require positions above the shift supervisor to be a Certified Fuel Handler or attend equivalent training. JAF has determined that once the plant is permanently shutdown and defueled, the time available to mitigate credible events is expected to be greater than that for current design basis events. As such, management oversight of the plant can be performed by individuals meeting the applicable requirements of ANSI/ANS 3.1-1978 (as required by TS 5.3.1) and need not be qualified as Certified Fuel Handlers.

TS 5.2.2.f - This paragraph establishes the requirements for the Technical Advisor (TA) position.

This paragraph is deleted to remove the requirements for the TA since that position is only required for a plant authorized for power operations. Once the certifications required by 10 CFR 50.82(a)(1) have been submitted, the requirements of this specification will no longer be applicable because the JAF Part 50 license no longer will authorize operation of the reactor or emplacement or retention of fuel in the reactor vessel.

This paragraph is changed to reflect the requirement for having one qualified watch stander (either a Non-certified Operator or Certified Fuel Handler) in the control room when fuel is stored in the spent fuel pool. This reflects the reduced requirement for control room personnel training and qualification for a plant authorized for nuclear fuel storage only. JAF has submitted a Certified Fuel Handler training program for NRC approval in Reference 2. The training and qualification for the Non-certified Operator will be determined in accordance with the systems approach to training (SAT) as defined in 10 CFR 55.4. This process ensures that the Non-certified Operator will be

JAFP 15-143 Attachment 1 Page 7 of 13 qualified to perform the functions necessary to monitor and ensure safe storage of fuel. The SAT process requires (1) systematic analysis of the jobs to be performed, (2) learning objectives derived from the analysis which describe desired performance after training, (3) training design and implementation based on the learning objectives, (4) evaluation of trainee mastery of the objectives during training, and (5) evaluation and revision of the training based on the performance of trained personnel in the job setting. There will be a sufficient number of individuals qualified as Certified Fuel Handlers to staff the plant twenty four hours a day, seven days a week. Additional on-shift staffing will be provided to satisfy applicable security, fire protection, and emergency preparedness requirements.

The control room will remain the physical center of the command function. However, since control of activities may be performed either remotely from the control room or locally in the plant, the location of the command center is functionally where the shift supervisor is located, in accordance with proposed TS 5.2.2.f. Activities that could be performed from the control room that have the potential to affect forced cooling of spent nuclear fuel include starting and stopping cooling water pumps, as well as changing the electrical power distribution system alignment.

All spent fuel handling activities are performed locally at the spent fuel pool. Indications and/or alarms are also received in the control room that would be indicative of spent fuel pool abnormalities. The shift supervisor is responsible for directing response to those abnormalities, from either the control room or local to the spent fuel pool, in accordance with applicable response procedures.

For any conditions, incidents, or events that occur when the Non-certified Operator is in the control room alone and are not within the scope of qualifications that are possessed by the Non-certified Operator, the shift supervisor will be immediately contacted for direction by phone, radio, and/or plant page system. This philosophy is deemed acceptable because the necessity to render immediate actions to protect the health and safety of the public is not challenged.

Current TS 5.3, Plant Staff Qualifications Proposed TS 5.3, Facility Staff Qualifications

1. Each member of the unit staff shall meet 1. Each member of the facility staff shall or exceed the minimum qualifications of meet or exceed the minimum ANSI/ANS 3.1-1978 for comparable qualifications of ANSI/ANS 3.1-1978 for positions with exceptions specified in comparable positions with exceptions the Entergy Quality Assurance Program specified in the Quality Assurance Manual (QAPM). Program Manual (QAPM).

2. For the purpose of 10 CFR 55.4, a 2. An NRC approved training and licensed Senior Reactor Operator retraining program for Certified Fuel (SRO) and a licensed Reactor Operator Handlers shall be maintained.

(RO) are those individuals who, in addition to meeting the requirements of TS 5.3.1, perform the functions described in 10 CFR 50.54(m).

Basis

JAFP 15-143 Attachment 1 Page 8 of 13 TS 5.3.1 - This paragraph is being changed for consistency with other changes in this Amendment.

TS 5.3.2 - This paragraph defines SROs and ROs as the individuals who perform the functions defined in 10 CFR 50.54(m).

This paragraph is being deleted because neither 10 CFR 50.54(m) nor the requirement for licensed operators per 10 CFR 54 apply following submittal of the certifications required by 10 CFR 50.82(a)(1).

TS 5.3.2 is being changed to require that an NRC approved training and retraining program for the Certified Fuel Handlers shall be maintained. The Certified Fuel Handler training program ensures that the qualifications of fuel handlers are commensurate with the tasks to be performed and the conditions requiring response. 10 CFR 50.120, "Training and qualification of nuclear power plant personnel," requires training programs to be derived using a systems approach to training (SAT) as defined in 10 CFR 55.4. Although the requirements of 10 CFR 50.120 apply to holders of an operating license issued under Part 50, and the JAF license will no longer authorize operation following submittal of the certifications required by 10 CFR 50.82(a)(1), the Certified Fuel Handler training program nonetheless aligns with those requirements. The Certified Fuel Handler training program provides adequate confidence that appropriate SAT based training of personnel who will perform the duties of a Certified Fuel Handler is conducted to ensure the facility is maintained in a safe and stable condition.

3. REGULATORY EVALUATION 3.1 APPLICABLE REGULATORY REQUIREMENT/CRITERIA 10 CFR 50.82(a)(1) requires that when a licensee has determined to permanently cease operations the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements of 10 CFR 50.4(b)(8), and once fuel has been permanently removed from the reactor vessel, the licensee shall submit a written certification to the NRC that meets the requirements of 10 CFR 50.4(b)(9). On November 2, 2015, Entergy Nuclear Operations, Inc. (ENO) announced that JAF would be retired At the end of the current operating cycle, the exact date to be determined. In Reference 1, ENO provided formal notification of the intention to permanently cease power operations of JAF.

JAF recognizes that approval of these proposed changes is contingent upon the submittal of the certifications required by 10 CFR 50.82(a)(1).

10 CFR 50.82(a)(2) states "Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, or when a final legally effective order to permanently cease operations has come into effect, the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel."

10 CFR 50.36 establishes the requirements for Technical Specifications. 50.36(c)(5),

Administrative Controls, identifies that an Administrative Controls section shall be included in the Technical Specifications and shall include provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. This amendment request is proposing

JAFP 15-143 Attachment 1 Page 9 of 13 changes to the Administrative Controls section consistent with the pending decommissioning status of the plant. This request applies the principles identified in 50.36(c)(6), Decommissioning, for a facility which has submitted certifications required by 50.82(a)(1) and proposes changes to the Administrative Controls appropriate for the JAF permanently defueled condition. As 10 CFR 50.36(c)(6) states, this type of change should be considered on a case-by-case basis.

10 CFR 50.54(m) establishes the requirements for having Reactor Operators and Senior Reactor Operators licensed in accordance with Part 55 based on plant conditions. Based on the impending permanent cessation of operation for JAF, the requirements of this section will no longer apply once the certifications required by 10 CFR 50.82(a)(1) have been submitted to the NRC and it will be permissible to remove those positions from the Technical Specifications.

10 CFR 50.54(hh) establishes the requirements for developing, implementing and maintaining procedures and strategies for addressing potential aircraft threats and large area fires or explosions. 10 CFR 50.54(hh)(3) states that this section of the regulation does not apply to nuclear power plants that have submitted the certifications required by 10 CFR 50.82(a).

3.2 NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION Pursuant to 10CFR50.92, Entergy Nuclear Operations, Inc. (ENO) has reviewed the proposed change and concludes that the change does not involve a significant hazards consideration since the proposed change satisfies the criteria in 10CFR50.92(c). These criteria require that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.

The proposed changes would revise and remove certain requirements contained within Section 5.0, Administrative Controls, of the James A. Fitzpatrick Nuclear Power Plant (JAF)

Technical Specifications (TS). The TS requirements being changed would not be applicable once it has been certified that all fuel has permanently been removed from the JAF reactor in accordance with 10 CFR 50.82(a)(1)(ii). Once the certifications for permanent cessation of operations and permanent fuel removal are made, the 10 CFR Part 50 license for JAF no longer will authorize operation of the reactor or placement of fuel in the reactor vessel, in accordance with 10 CFR 50.82(a)(2).

The discussion below addresses each of these criteria and demonstrates that the proposed amendment does not constitute a significant hazard.

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed amendment would not take effect until JAF has permanently ceased operation and entered a permanently defueled condition. The proposed amendment would modify the JAF TS by deleting the portions of the TS that are no longer applicable to a permanently defueled facility, while

JAFP 15-143 Attachment 1 Page 10 of 13 modifying the other sections to correspond to the permanently defueled condition.

The deletion and modification of provisions of the administrative controls do not directly affect the design of structures, systems, and components (SSCs) necessary for safe storage of irradiated fuel or the methods used for handling and storage of such fuel in the fuel pool. The changes to the administrative controls are administrative in nature and do not affect any accidents applicable to the safe management of irradiated fuel or the permanently shutdown and defueled condition of the reactor.

In a permanently defueled condition, the only credible accident is the fuel handling accident.

The probability of occurrence of previously evaluated accidents is not increased, since extended operation in a defueled condition will be the only operation allowed, and therefore bounded by the existing analyses.

Additionally, the occurrence of postulated accidents associated with reactor operation is no longer credible in a permanently defueled reactor. This significantly reduces the scope of applicable accidents.

Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The proposed changes have no impact on facility SSCs affecting the safe storage of irradiated fuel, or on the methods of operation of such SSCs, or on the handling and storage of irradiated fuel itself. The administrative removal of or modifications of the TS that are related only to administration of facility cannot result in different or more adverse failure modes or accidents than previously evaluated because the reactor will be permanently shutdown and defueled and JAF will no longer be authorized to operate the reactor.

The proposed deletion of requirements of the JAF TS do not affect systems credited in the accident analysis for the fuel handling accident at JAF. The proposed TS will continue to require proper control and monitoring of safety significant parameters and activities.

The proposed amendment does not result in any new mechanisms that could initiate damage to the remaining relevant safety barriers for defueled plants (fuel cladding and spent fuel cooling). Since extended operation in a defueled condition will be the only operation allowed, and therefore bounded by the existing analyses, such a condition does not create the possibility of a new or different kind of accident.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

JAFP 15-143 Attachment 1 Page 11 of 13

3. Does the proposed amendment involve a significant reduction in a margin of safety?

Response: No.

Because the 10 CFR Part 50 license for JAF will no longer authorize operation of the reactor or emplacement or retention of fuel into the reactor vessel once the certifications required by 10 CFR 50.82(a)(1) are submitted, as specified in 10 CFR 50.82(a)(2), the occurrence of postulated accidents associated with reactor operation is no longer credible. The only remaining credible accident is a fuel handling accident (FHA). The proposed amendment does not adversely affect the inputs or assumptions of any of the design basis analyses that impact the FHA.

The proposed changes are limited to those portions of the OL and TS that are not related to the safe storage of irradiated fuel. The requirements that are proposed to be revised or deleted from the JAF OL and TS are not credited in the existing accident analysis for the remaining applicable postulated accident; and as such, do not contribute to the margin of safety associated with the accident analysis. Postulated DBAs involving the reactor are no longer possible because the reactor will be permanently shutdown and defueled and JAF will no longer be authorized to operate the reactor.

Therefore, the proposed change does not involve a significant reduction in the margin of safety.

Based on the above, ENO concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

3.3 PRECEDENT The proposed changes are consistent with the existing TS Administrative Controls currently in effect for Vermont Yankee Nuclear Power Station (DPR-28), which was last substantively revised on December 22, 2014 (Reference 7).

The proposed changes are consistent with the existing TS Administrative Controls currently in effect for Millstone Nuclear Power Station (DPR-21), which was last substantively revised on March 31, 2001 (Reference 4). The Millstone license amendment that was issued to reflect the permanently shutdown status of the plant on November 9, 1999 (Reference 5),

contains TS Administrative Controls similar to those being proposed herein.

The proposed changes are also consistent with the TS Administrative Controls issued to Zion Nuclear Power Station on December 30, 1999 (Reference 6) to reflect the permanently shutdown status of the plant.

3.4 CONCLUSION

Based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

JAFP 15-143 Attachment 1 Page 12 of 13

4. ENVIRONMENTAL CONSIDERATIONS This amendment request meets the eligibility criteria for categorical exclusion from environmental review set forth in 10CFR51.22(c)(9) as follows:

(i) The amendment involves no significant hazards consideration.

As described in Section 3 of this evaluation, the proposed change involves no significant hazards consideration.

(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

The proposed amendment does not involve any physical alterations to the plant configuration that could lead to a change in the type or amount of effluent release offsite.

(iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed amendment does not involve a significant increase in individual or cumulative occupational radiation exposure.

Based on the above, ENO concludes that the proposed change meets the eligibility criteria for categorical exclusion as set forth in 10CFR51.22(c)(9). Pursuant to 10CFR51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

5. REFERENCES

1. Letter, Entergy Nuclear Operations, Inc. to USNRC, Notification of Permanent Cessation of Power Operations, JAFP 15-133, dated November 18, 2015

2. Letter, Entergy Nuclear Operations, Inc. to USNRC Request for Approval of Certified Fuel Handler Training Program, JAFP 15-142, dated January 15, 2016

3. NUREG-1433, Standard Technical Specifications General Electric BWR/4 Plants, Revision 4

4. Millstone Nuclear Power Station, Unit 1, Amendment No.109, License No. DPR-21, Date of Issuance March 31, 2001 (ADAMS Accession No. ML010920303)

5. NRC Safety Evaluation for Millstone Power Station Unit 1 in License Amendment 106 to DPR-21, dated November 9, 1999 (ADAMS Accession Nos. ML993330283 and ML993330269)

6. NRC Safety Evaluation for Zion Nuclear Station in License Amendments 180 and 167 (for Units 1 and 2 respectively (License Nos. DPR-39 and DPR-48)), dated December 30, 1999 (ADAMS Accession Nos. ML003672704 and ML003672696)

JAFP 15-143 Attachment 1 Page 13 of 13

7. Vermont Yankee Nuclear Power Station, Amendment No.260, License No. DPR-29, Date of Issuance December 22, 2014 (ADAMS Accession No. ML14217A072)

JAFP-15-143 Docket 50-333 Attachment 2 James A. FitzPatrick Nuclear Power Plant Markup of the Current Technical Specification Pages

(4) ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools.

(5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. aGB, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection ENO shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No. 1 dated February 1, 1973; the SER Supplement No. 2 dated October 4, 1974; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23, 1989), 164 (dated August 10, 1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19, 1993), 190 (dated June 29, 1993), 191 (dated July 7, 1993), 206 (dated February 28, 1994) and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:

Amendment aG9 Renewed license No. DPR-59

Responsibility 5.1 5.0 ADMINISTRATIVE CONTROLS 5.1 Responsibility dtacility I It The plant manager shall be responsible for overall p.'.J.aRt operation 5.1.1 and shall delegate in writing the succession to this responsibility during his absence.

The plant manager or his designee shall approve, prior to implementation, each proposed test, experiment, and modification to systems or equipment that affect nuclear safety.

5.1.2

~

The shift supervisor (SS) shall be responsible for the control

~ command function. During any absence of the SS from the control room while the plant is in MODE 1, 2, or 3, an individual with an active se:!~r ~=a~:~~ ~~rator (SRO) license shall be designated to ass t r room co11111and function. During any absence of the SS from the control room while the plant is in MODE 4 or 5, an individual with an active SRO license or Reactor Operator license shall be designated to assume the control l'!Gmll c;ommand function.

JAFNPP 5.1-1 Amendment 214

Organization 5.2 5.0 ADMINISTRATIVE CONTROLS

.---------:--~

the safe handling and 5.2 Organization storage of nuclear fuel 5.2.1 Onsite and offsite organizatio s shall be established for eperation and corporate manage ent, respectively. The onsite and offsite organizations shall in lude the positions for activities affecting safety of the nuclea pgwer plant.~

a. Lines of authority, respo sibility, and communication shall be defined and establishe throughout highest management levels, intermediate levels, and all operating organization positions. These relatio ships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmen al responsibilities and relationships, and job de criptions for key personnel positions, or in equivale t forms of documentation. These The corporate officer requirements. including t e plant-specific titles of those personnel fulfilling the esponsibilities of the positions delineated in these Technical Specifications, shall be documented in the UFSAR; fac1.11.ty t s orage

b. T plant manager sh responsible for ov rall safe ope ation of the an shall have contr over those onsi activities necessa for safe op~ and maint nee of the p+aRt, facility nuclear fuel ~

a ave corporate Each duty shift shall be sibility for overall plant nuclear safety and shall take an sures needed to ensure acceptable performance of composed of at least one the staff in ating, maintaining, and providing technical shift supervisor and one support to ; and Non-certified Operator. Certified Fuel Handlers The Non-Certified d. The individua s w o rain e op , arry out Operator position may be radiation protection, or perform quality assuran functions filled by a Certified Fuel may report to the appropriate onsite manager: howe r, these individuals shall have sufficient organizational fre om to Handler. ensure their :U:ldep deRGe-frGm operating pressures .

.--..,..----'---~

ability to perform their safe management assigned functions of nuclear fuel facility staff organization shall include the following:

(continued)

JAFNPP 5.2*1 Amendment 274

Organization 5.2 5.2 Organization 5.2.2 Plant Staff (continued)

b. Shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

c. A radiation protection technician shall be on site whefl f1::.1el is in the during the movement "---" reactor. The position may be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in of fuel and during the order to provide for unexpected absence, provided immediate action is movement of loads taken to fill the required position.

over fuel d. Deleted e.

The shift supervisor shall be a Certified Fuel Handler Oversight of fuel handling operations shall be provided by a Certified Fuel Handler.

At least one person qualified to stand watch in the control room (Non-certified Operator or Certified Fuel Handler) shall be present in the control room when nuclear fuel is stored in the spent fuel pool.

JAFNPP 5.2-2 Amendment 3G4

Plant Staff Qualifications 5.3 Facility 5.0 5.3 Staff Qualifications ritacility I

\J,-

5.3.1 Each member of the t:ffiit staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions with exceptions specified in the Entergy Quality Assurance Program Manual (QAPM).

5.3.2 For the purpose of 10 CFR §§.4, a lieensed Senior Reaetor Operator (SRO) and a lieensed Reaetor Operator (RO) are those indi*..iduals 1+*1ho, in addition to meeting the requirements of TS 6.a.1, perform the funetions deseribed in 10 CFR 60.§4\).

\_An NRC approved training and retraining program for Certified Fuel Handlers shall be maintained JAFNPP 5.3-1 Amendment a04

JAFP-15-143 Docket 50-333 Attachment 3 James A. FitzPatrick Nuclear Power Plant Retyped Technical Specification Pages

Responsibility 5.1 5.0 ADMINISTRATIVE CONTROLS 5.1 Responsibility 5.1.1 The plant manager shall be responsible for overall facility operation and shall delegate in writing the succession to this responsibility during his absence.

The plant manager or his designee shall approve, prior to Implementation, each proposed test, experiment, and Modification to systems or equipment that affect nuclear safety.

5.1.2 The shift supervisor (SS) shall be responsible for the shift command function.

JAFNPP 5.1-1 Amendment 274

Organization 5.0 ADMINISTRATIVE CONTROLS 5.2 5.2 Organization 5.2.1 Onsite and Offsite Organizations Onsite and offsite organizations shall be established for facility staff and corporate management, respectively. The onsite and offsite organizations shall include the positions for activities affecting safety of the nuclear fuel.

a. Lines of authority, responsibility, and communication shall be defined and established throughout highest management levels, intermediate levels, and all operating organization positions.

These relationships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements, including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications, shall be documented in the UFSAR;

b. The plant manager shall be responsible for overall safe operation of the facility and shall have control over those onsite activities necessary for safe storage and maintenance of the nuclear fuel;

c. The corporate officer shall have overall responsibility for the safe handling and storage of nuclear fuel and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the facility to ensure safe management of nuclear fuel; and

d. The individuals who train the Certified Fuel Handlers, carry out radiation protection, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their ability to perform their assigned functions.

5.2.2 Facility Staff The facility staff organization shall include the following:

a. Each duty shift shall be composed of at least one shift supervisor and one Non-certified Operator. The Non-certified Operator position may be filled by a Certified Fuel Handler.

b. Shift crew composition may be less than the minimum requirements of 5.2.2.a for a period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

JAFNPP 5.2-1 Amendment 274

Organization 5.2 5.0 ADMINISTRATIVE CONTROLS 5.2 Organization (continued)

c. A radiation protection technician shall be on site during the movement of fuel and during the movements of loads over fuel.

The position may be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

d. Oversight of fuel handling operations shall be provided by a Certified Fuel Handler.

e. The shift supervisor shall be a Certified Fuel Handler.

f. At least one person qualified to stand watch in the control room (Non-certified Operator or Certified Fuel Handler) shall be present in the control room when nuclear fuel is stored in the spent fuel pool.

JAFNPP 5.2-2 Amendment 274

Facility Staff Qualifications 5.3 5.0 ADMINISTRATIVE CONTROLS 5.3 Facility Staff Qualifications 5.3.1 Each member of the facility staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions with exceptions specified in the Quality Assurance Program Manual (QAPM).

5.3.2 An NRC approved training and retraining program for Certified Fuel Handlers shall be maintained.

JAFNPP 5.3-1 Amendment 274