L-12-313, Notification of Schedule Change and Revision of Regulatory Commitment Regarding Submittal of 10 CFR 50.48(c) License Amendment Request

Notification of Schedule Change and Revision of Regulatory Commitment Regarding Submittal of 10 CFR 50.48(c) License Amendment Request

ML12243A303
Person / Time
Site:	Beaver Valley
Issue date:	08/29/2012
From:	Harden P FirstEnergy Nuclear Operating Co
To:	Zimmerman R Document Control Desk, NRC/OE
Gulla G
References
L-12-313, TAC ME0058, TAC ME0059
Download: ML12243A303 (14)

Text

FENOCrM ~

Beaver Valley Power Station P .O. Box 4 FirstEnergy Nuclear Operating Company Shippingport, PA 15077 Paul A. Harden 724-682-5234 Site Vice President Fax: 724-643-8069 August 29, 2012 L-12-313 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Beaver Valley Power Station, Units No.1 and 2 BVPS-1 Docket No. 50-334, License No. DPR-66 BVPS-2 Docket No. 50-412, License No. NPF-73 Notification of Schedule Change and Revision of Regulatory Commitment Regarding Submittal of 10 CFR 50.48(c) License Amendment Request (TAC Nos. ME0058, ME0059)

By memorandum dated June 10,2011, "Staff Requirements - SECY 11-0061 - A Request to Revise the Interim Enforcement Policy for Fire Protection Issues on 10 CFR 50.48(c) to Allow Licensees to Submit License Amendment Requests in a Staggered Approach" (RII\J 3150- AG48) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111610616), the Nuclear Regulatory Commission approved a staff recommendation to revise the existing .enforcement policy regarding the extension of enforcement discretion for certain noncompliances related to fire protection programs. To obtain the extension, licensees were required to submit a letter by June 29, 2011, acknowledging a new commitment date for submittal of their license amendment application to adopt National Fire Protection Association Standard NFPA 805, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition, in accordance with Section 50.48(c) of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR 50.48(c>>.

By letter dated June 29,2011 (ADAMS Accession No. ML111800765), FirstEnergy Nuclear Operating Company (FENOC) established a formal regulatory commitment to submit an application for license amendment to implement 10 CFR 50.48(c) at Beaver Valley Power Station, Units No.1 and 2 (BVPS) on or before September 30, 2012, and requested extension of the enforcement discretion period for BVPS under the terms and conditions provided in SECY 11-0061, as approved by the Commission.

Beaver Valley Power Station , Units No.1 and 2 L-12-313 Page 2 On July 12, 2011 , the Nuclear Regulatory Commission (NRC) published in the Federal Register (76 FR 40777) the Interim Enforcement Policy for Certain Fire Protection Issues, formally establishing terms and conditions consistent with those provided in SECY 11-0061, as approved. By letter dated August 1,2011 (ADAMS Accession No. ML112010151), the NRC concluded that FENOC's letter of June 29, 2011 was consistent with Commission direction established in SRM SECY-11-0061, and granted the request for the extension of enforcement discretion. The term of enforcement discretion was extended to correspond with the License Amendment Request (LAR) submittal date. Upon submittal of an acceptable application for license amendment, enforcement discretion for previously identified noncompliances and any newly identified noncompliances could remain in effect until the NRC dispositions the license amendment request.

The NRC project manager for BVPS was notified on July 2, 2012, of the potential for a NFPA 805 LAR schedule extension. On August 1, 2012 , a Category 1 public meeting was held between the NRC and representatives of FENOC to discuss the status of the proposed LAR. Specifically, FENOC provided notification to the NRC staff that the committed due date for the subject NFPA 805 LAR will not be met. Additional information to support that conclusion is provided herein.

During the transition to NFPA 805, FENOC has continued to maintain fire safety at BVPS Units No. 1 and 2 in accordance with the Facility Operating Licenses. Violations identified through NRC inspection activities have been limited to issues of very low safety significance , and have been determined to satisfy the criteria specified for the exercise of enforcement discretion. Noncompliancesare addressed through the FENOC corrective action program, and where necessary, appropriate compensatory measures are in place.

FENOC remains fully committed to the improvement of fire protection programs through voluntary implementation of 10 CFR 50.48(c) at Beaver Valley, and has made significant progress in several key areas of the NFPA 805 trans ition project.

Notwithstanding the above , the effort required to complete transition efforts and develop a high-quality license amendment application for BVPS has been more SUbstantial than originally anticipated , and the benefit from the synergy of a dual-unit application has been less than expected . Additionally, several unforeseen developments have affected the project completion schedule; some of the more significant developments are as follows:

• To incorporate lessons learned during the development of the BVPS Unit No. 2 Fire Probabilistic Risk Analysis (FPRA) model , the Solid State Protection and Instrumentation portions of the BVPS Unit No.1 FPRA model were updated .

The resultant impact on the previous schedule was an approximate three n">l"\nth "t:>k:n,

Beaver Valley Power Station , Units No.1 and 2 L-12-313 Page 3

• During the Fire Risk Evaluation process it was discovered that the BVPS Unit No. 1 control room abandonment portion of the FPRA model requires additional risk reductions to meet the core damage frequency (CDF) criteria established in Regulatory Guide 1.174, An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis.

To develop a strategy to reduce risk, FENOC is currently performing engineering feasibility studies on potential design modifications for those fire ignition sources in the BVPS Unit No.1 Process Rack Area that are impacting risks. The resulting effect on the transition schedule is currently under evaluation .

• The discovery of and risk effect determination for BVPS Unit No.1 Licensee Event Report 2011-001-00, "Use of Liquid Tight Conduits Installed in Fire Barrier Penetrations Results in Unanalyzed Configurations," resulted in the diversion of project resources, and a resultant impact of approximately two months on the previous schedule. The effects of the issue resolution on the project schedule (potential analysis changes and design modification) are still being evaluated .

• Although the BVPS Unit No.2 Human Reliability Analysis Dependency Analysis was very similar to the BVPS Unit No.1 analysis already determined to be acceptable, a BVPS Unit No. 2 FPRA peer review finding required a signi'ficant effort to revise the analysis. The resultant impact on the previous schedule was an approximate four month delay.

Consistent with Section 9.1 of the Interim Enforcement Policy, FENOC is providing the following information to justify a revised submittal schedule.

Evaluations to date have resulted in some completed modifications in BVPS Unit No.1 ,

and additional ongoing and conceptual future modi'fications have been identified for both units. Appropriate modifications will be completed in a timely manner and will result in improved fire safety at BVPS, as envisioned when the NFPA 805 transition process was undertaken. Completed design modifications, the purposes they are intended to achieve, and the current status of each, are provided in Attachment 1.

Similar information for ongoing and conceptual design modifications is provided in . The modifications listed in Attachment 2 are subject to change as Fire Risk Evaluations and further design review activities are completed.

The plant modification work already identified, the additional analytical work required as a result of lessons learned during the NFPA evaluation process, and the evaluation of issues identified through NRC review of applications submitted by other licensees all make it clear that additional effort is required, particularly in the areas of Fire Risk Evaluation and PRA model development, in order for FENOC to develop an

Beaver Valley Power Station, Units No.1 and 2 L-12-313 Page 4 amendment application of sufficient quality and completeness for BVPS. As a result of FENOC's assessment of the BVPS NFPA 805 project progress to date, FENOC has revised the forecast for submittal of the LAR for NFPA 805 transition at BVPS. Major project activities and milestones for the BVPS transition to a fire protection program based on NFPA 805 are reflected in Attachment 3.

Consistent with the revised forecast for LAR submittal, the regulatory commitment established in the FENOC correspondence dated June 29, 2011 is hereby revised.

FENOC will submit the application for license amendment to implement 10 CFR 50.48(c) at BVPS Units No.1 and 2 on or before December 31, 2013. While the forecast date for submittal of an acceptable license amendment application is firm, intermediate milestones identified in Attachment 3 are subject to change as project development progresses.

To support any NRC staff reviews of NFPA 805 transition progress at BVPS, the following transition related information will be made available for NRC staff review:

• A listing of all fire protection-related noncompliances and the related compensatory measures for those noncompliances;

• Documentation ensuring each Operator Manual Action put in place as a compensatory measure is feasible and reliable, in accordance with the guidance in Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements"; and,

• A description of the physical modifications performed, to address existing fire protection issues and noncompliances.

The Interim Enforcement Policy for Certain Fire Protection Issues published on July 12, 2011 states, in part:

If the licensee is unable to submit its license amendment request (LAR) within the timeframe stated above, it will lose its enforcement discretion. However, licensees with appropriate justification and staff approval may regain enforcement discretion once an acceptable LAR is submitted .

On February 24,2012, the NRC staff issued SECY-12-0031, Enforcement Alternatives for Sites that Indicate Additional Time Required to Submit Their License Amendment Requests to Transition to 10 CFR 50.48(c) National Fire Protection Association Standard 805, which presented the staff's available alternatives regarding enforcement issues in such cases. To determine how to best support the general objectives of the staff as established in SECY-12-0031, FENOC has evaluated the scenarios and potential alternative NRC responses outlined by the staff.

Beaver Valley Power Station, Units No.1 and 2 L-12-313 Page 5 The preferred alternative would have a licensee preserve its enforcement discretion by arranging for the substitution of the LAR submittal from another site by the committed date. Such an arrangement would result in little or no impact on the staff or the resources budgeted for the LAR review schedule, but would be subject to staff acceptance based on the comparative safety benefits of the sites involved. Use of this alternative is not feasible for the BVPS situation, because current industry commitments have no plants scheduled to submit in a time frame necessary to support FENOC's needs. Additionally, discussions at a recent industry meeting identified no plants that would be willing to accept FENOC's current commitment for submittal by September 30,2012.

Another alternative addressed in SECY-12-0031 would apply if a licensee does not submit an acceptable LAR by its commitment date, and the extension of enforcement discretion has not otherwise been arranged. In such cases, the staff would shift to annual performance of fire protection inspections, and take appropriate enforcement actions for identified noncompliances. Based on the timing and results of recently performed triennial fire protection inspections, the limited extent of identified noncompliance issues to which enforcement discretion is currently applied, and the projected schedule for completion of the NFPA 805 transition efforts, FENOC perceives minimal safety or regulatory benefit achieved by this approach.

The remaining alternative involves NRC issuance of a confirmatory order (CO) to extend enforcement discretion thereby establishing an enforceable date for the submittal of an acceptable LAR. To support this approach, a licensee is required to provide adequate justification including the consideration of the status of the industry peer review, plant modifications, the licensee's compliance reviews, and the resolution of methodology issues. Given these considerations as well as others previously addressed, FENOC believes the justification provided in this letter to be adequate for the extension of enforcement discretion by way of a CO. FENOC also understands that the issuance of a CO would involve the agreement to comply with the terms and conditions arising out of the regulatory commitments established herein, consent to the issuance of the confirmatory order, and the waiver of hearing rights .

Based on the above considerations, FENOC hereby requests the continuation of the current enforcement discretion for certain fire protection issues for BVPS Units No.1 and 2 until an acceptable application for license amendment is submitted, consistent with the regulatory commitment established in this letter. FENOC also requests that, consistent with the current Interim Enforcement Policy for Certain Fire Protection Issues, such enforcement discretion be further extended through the period of NRC review of the application .

Beaver Valley Power Station, Units No. 1 and 2 L-12-313 Page 6 The regulatory commitment established in this letter is identified in Attachment 4. If there are any questions or if additional information is required, please contact Mr. Gregory H. Halnon, Director - Fleet Regulatory Affairs, at 330-436-1369.

Paul A. Harden Attachments:

1. Completed Design Modifications

2. Ongoing and Conceptual Design Modifications

3. Status and Schedule of Major NFPA 805 Milestones (as of August 28, 2012)

4. Regulatory Commitment List cc: Director, NRC Office of Enforcement NRC Regional Administrator- Region I NRC Resident Inspector NRC Project Manager Director- State of Pennsylvania BRP/DEP Site Representative - State of Pennsylvania BRP/DEP

Attachment 1 L-12-313 Completed Design Modifications Page 1 of 1 Completion Description Basis for Modification Date Relocation or Addition of Smoke Detectors in BVPS-1 To achieve detector spacing in accordance with NFPA 7/3/2012 Normal Switchgear Fire Area standard .

Relocation or Addition of Smoke Detectors in BVPS-1 To achieve detector spacing in accordance with NFPA 2/23/2012 Emergency Switchgear Train A Fire Area standard. I I

Relocation or Addition of Smoke Detectors in BVPS-1 To achieve detector spacing in accordance with NFPA 7/3/2012 Emergency Switchgear Train B Fire Area standard .

Relocation or Addition of Smoke Detectors in BVPS-1 To achieve detector spacing in accordance with NFPA 2/24/2012 Process Rack Area Fire Area standard.

Install Strainer in BVPS-1 River Water Supply to To ensure that certain AFW flow channels do not become 5/10/2012 Auxiliary Feed Water (AFW) Pumps clogged when the River Water supply is needed. Modification necessary to meet nuclear safety performance criteria established by NFPA 805 .

Attachment 2 L-12-313 Ongoing and Conceptual Design Modifications Page 1 of 4 Description Basis for Modification MilestonelDate

\dd Westinghouse Shutdown Seals to BVPS-1 and -2 Reduces the Reactor Coolant System inventory loss through Planning first pump I

~eactor Coolant Pumps the Reactor Coolant Pump Seals following a loss of seal cooling installation during event caused by a fire-induced spurious operation. BVPS-2 October 2012 Refueling Outage.

~eplace two BVPS-1 and six BVPS-2 exterior fire doors Corrects a noncompliance identified during NFPA 805 Engineering Change transition. Doors need to be replaced with doors that meet a Packages are complete.

three-hour fire rating . Doors to be installed by 4/30/13.

nstall an Incipient Fire Detection System for the BVPS-1 Reduces the Core Damage Frequency from a fire in a process Engineering work to be 3nd -2 Process Rack Fire Areas rack by very early warning detection. completed by 9/30/13.

Completion date to be established in LAR.

Modify Over Current Trip Protection scheme for BVPS-1 Addresses potential simultaneous faults on power and control Engineering work to be and -2 4KV Emergency Busses cables. The current Fire Risk Evaluation (FRE) process is completed by 3/31/14.

determining which circuits require modification. Completion date to be established in LAR.

Add BVPS-1 relay/modify BVPS-2 relay for existing Resolves an identified multiple spurious operations issue Conceptual Design Turbine/Generator Main Output Breakers involving spurious re-closure or failure to trip on turbine trip. Package* completed by 6/30/14 . Completion date to be established in LAR.

Add isolation valves in the BVPS-1 and -2 CO 2 systems Reduces system out of service time to ensure compliance with Engineering work fire model analysis and provide positive clearance points. completed by 3/31/14.

Completion date to be established in LAR.

• Conceptual Design Package - A documented analysis of one or more alternative solutions to a known problem. The purpose of the analysis is to estimate the cost of each alternative by developing preliminary interfaces, installation requirements , materials, and radiological impact, to perform cosUbenefit, of each or between each alternative, and to identify the preferred solution.

Attachment 2 L-12-313 Page 2 of4 Ongoing and Conceptual Design Modifications (Continued)

Description Basis for Modification Milestone/Date Add auto suppression system for the BVPS-2 Train DF Permits this area to meet the current standard of one hour fire Conceptual Design Switchgear barrier with detection and auto suppression, resolving an Package* completed by embedded cable adverse condition. (This area does not 3/31/14. Completion date currently meet the required three-hour fire barrier rating .) to be established in LAR.

Modify control circuits for approximately 108 BVPS-1 Prevents damage to the valves to allow subsequent manual Conceptual Design Motor Operated Valves to prevent certain fire related hot operation. Package* completed by shorts from bypassing the torque and limit switch 12/31/13. Completion protection date to be established in LAR.

Modify the BVPS-1 diesel generator breaker control Resolves a multiple spurious operations issue related to Conceptual Design circuit to prevent nonsynchronous paralleling of EDG spurious breaker operations. Package* completed by with on-site and off-site sources 3/31/14. Completion date to be established in LAR.

Add BVPS-2 Power Operated Relief Valve (PORV) Addresses multiple spurious operations scenarios to ensure the Engineering work isolation switches outside Containment PORVs can be isolated from outside of Containment competed by 12/31/13.

Completion date to be established in LAR.

• Conceptual Design Package - A documented analysis of one or more alternative solutions to a known problem. The purpose of the analysis is to estimate the cost of each alternative by developing preliminary interfaces, installation requirements, materials, and radiological impact, to perform cosUbenefit, of each or between each alternative, and to identify the preferred solution.

Attachment 2 L-12-313 Page 3 of 4 Ongoing and Conceptual Design Modifications (Continued)

Description Basis for Modification MilestonelDate elocate BVPS-1 equipment and cable in the Item 1. Prevents a fire in Emergency Switchgear Train A fire Conceptual Design mergency Switchgear Train A Fire Area area from isolating the ventilation for Emergency Switchgear Package" completed by Train B, by relocating Temperature Switch and its associated 6/30/14. Completion date cable in Emergency Switchgear Train A to Emergency to be established in LAR .

Switchgear Train B.

Item 2. Eliminates a manual action to provide portable ventilation to Train A Diesel Generator Room in the event of a fire in the BVPS-1 Cable Spreading Fire Area, by relocating an existing relay from Train A Emergency Switchgear fire area to Train A Diesel Generator Room .

Change normal system alignments for the following: I Prevents potential for multiple spurious operations. Engineering work BVPS-1 MOV-1 RW-116 & 117 circuit breakers to open competed by12/31/13.

(de-energized) Completion date to be BVPS-1 MOV-1 RC-556A, B & C circuit breakers to open established in LAR.

(de-energized)

BVPS-2 2CCS-MOV112A & B circuit breakers to open (de-energized)

BVPS-2 2RCS-MOV556A, B, & C circuit breakers to open (de-energized)

Main Steam Isolation Valve bypass valves instrument air supply valves to sealed shut BVPS-2 2CAB-TEST1 ,3 & 5 circuit breakers to open (de-energized)

"Conceptual Design Package - A documented analysis of one or more alternative solutions to a known problem. The purpose of the analysis is to estimate the cost of each alternative by developing preliminary interfaces, installation requirements, materials, and radiological impact, to perform cosUbenefit, of each or between each alternative, and to identify the preferred solution.

Attachment 2 L-12-313 Page 4 of 4 Ongoing and Conceptual Design Modifications (Continued)

Description Basis for Modification MilestonelDate Modify BVPS-1 exhaust damper control circuit for diesel- Ensures continued operation of the diesel driven instrument air Conceptual Design driven instrument air compressor to prevent failure on compressor in the event of equipment failure during a station Package* completed by loss of power blackout, providing additional reduction of Core Damage 12/31/14. Completion Frequency for the internal events model. date to be established in LAR .

Installation of a qualified Fire Barrier Wrap on BVPS-2 Eliminates an operator manual action to transfer the Train A Engineering work to be I Raceways for Train A Diesel Generator fans & dampers Diesel Generator ventilation fan and dampers to the alternate completed by 12/31/14.

shutdown panel in the event of a fire in fire area SB-3. Completion date to be established in LAR .

• Conceptual Design Package - A documented analysis of one or more alternative solutions to a known problem. The purpose of the analysis is to estimate the cost of each alternative by developing preliminary interfaces, installation requirements, materials, and radiological impact, to perform cosUbenefit, of each or between each alternative, and to identify the preferred solution .

Attachment 3 L-12-313 Status and Schedule of Major NFPA 805 Milestones (as of August 28, 2012)

Page 1 of 2 BV1 Status! BV2 Status!

Project Task! Milestone Comments Completion Date Completion Date Fundamental Fire Protection Classical Fire Protection Program Review Transition Fundamental Fire Protection and 95% Complete Non Fire Area Specific Records Design Elements Review (B-1 October 2012 June 2012 TableL Fire Area Specific Elements 95% Complete Fire area specific NFPA 805 Review (B-1 Table) October 2012 June 2012 Chapter 3 requirements were addressed individually for each required fire area.

Update B-1 Table to reflect open Not Started Not Started BVPS-1 B-1 Open Items - 80 item closures June 2013 June 2013 BVPS-2 B-1 Open Items - 29 Fire Area Licensing Action 95% 50%

Review September 2012 November 2012 Review of Existing Engineering Complete Complete BVPS-1 EEEEs - 38 Equivalency Evaluations (EEEE) June 2011 November 201 0 BVPS-2 EEEEs - 17 Development of Additional 35% Not started Currently, 28 EEEEs are required Existing Engineering Equivalency May 2013 January 2013 based on review of existing Evaluations based on items evaluations.

identified in engineering reviews Six new EEEEs are expected for aluminum conduit Issues Additional EEEEs are expected for Flex Conduit issues.

Nuclear Safety Capability Nuclear Safety Performance Assessment (NSCA) Criteria Transition Review and Upgrade Safe Complete Complete This work included development Shutdown Equipment List (SSEL) July 2007 July 2011 and implementation of an and Logics automated Safe Shutdown Analysis using SAFE software developed by EPM, Inc.

Nuclear Safety Performance Complete Complete Additional actions required to Methodology Review (B-2 Table) September 2011 September 2011 prepare gap analysis against revised NEI 00-01 (rev. 2) and incorporate open item resolutions.

BVPS-1 Open Items - 8 BVPS-2 Open Items - 5 Fire Area by Fire Area Transition 80% 80% This work is substantially complete (B-3 Table) June 2013 April 2013 with identification of Variations from Deterministic Requirements (VFDR) for each compartment.

Remaining work is to incorporate the results of the Fire Risk Evaluations (FRE) into the B-3 table.

BVPS-1 VFDRs - 353 BVPS-2 VFDRs - 352

Attachment 3 L-12-313 Page 2 of 2 BV1 Status BV2 Status Project Task I Milestone Comments Completlon I' Date CompIetlon

' Dat e Recovery Action Transition Finalize Recovery Actions and 25% Not Started Based on FREs, determine Procedure Changes August 2013 June 2013 recovery actions, perform feasibility reviews, and incorporate into Qrocedures.

Non-Power Operational (NPO)

Modes Transition Perform Circuit AnalYSis for NPO Complete Complete Components December 2009 December 2009 Pinch Point Analysis and 90% 90% Final N PO expert panel review Suggested Procedure Changes January 2013 January 2013 required .

BVPS-1 Open Items - 1 BVPS-2 Open Items - 1 Develop Fire Probabilistic Risk Assessment (PRA)

Fire PRA Peer Review Complete Complete April 2011 April 2012 Fire Modeling Complete Complete Fire Compartments with Detailed October 2010 October 2011 Fire Modeling BVPS 22 BVPS 21 Finding and Observation (F&O) 80% 80% Fire PRA Models updated ;

resolution and PRA workbooks May 2013 May 2013 paperwork closeout remaining update Final Open Item Review and Not Started Not Started Closure September 2013 September 2013 Fire Risk Evaluations (FREs)

NFPA 805 Modification Scoping 90% 80%

April 2013 January 2013 Final FRE quantifications 50% Not Started March 2013 January2013 Completion of LAR and Transition Report Complete development of September 2013 September 2013 Includes development of Transition Report and LAR Transition Report and LAR, plant technical review and comment resolution .

Internal and external oversight November 2013 November 2013 Includes presentation , review and committee reviews comment resolution for Engineering Assessment Board, Plant Operations Review Committee and Company Nuclear Review Board Licensing Review and December 2013 December 2013 Correspondence Development and LAR Submittal

Attachment 4 L-12-313 Regulatory Commitment List Page 1 of 1 The following list identifies those actions committed to in this document and its attachments by FirstEnergy Nuclear Operating Company (FENOC) for Beaver Valley Power Station Units No.1 and 2. Any other intended or planned actions discussed in the submittal are described for information only, and are not considered Regulatory Commitments.

Regulatory Commitment

1. FENOC will submit the application for license amendment to implement 10 CFR 50.48(c) at BVPS-1 and 2 on or before December 31,2013.