L-2019-161, License Amendment Request (TSCR-186): Removal of License Condition 2.C.(3), Fire Protection Program

License Amendment Request (TSCR-186): Removal of License Condition 2.C.(3), Fire Protection Program

ML19290G447
Person / Time
Site:	Duane Arnold
Issue date:	09/25/2019
From:	Dean Curtland NextEra Energy Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-2019-161, NG-19-0100
Download: ML19290G447 (14)

Text

NEXTeraM ENERGY~

September 25, 2019 NG-19-0100 L-2019-161 10 CFR 50.90 U.S. Nuclear Regulatory Commission A TIN: Document Control Desk Washington, DC 20555 Duane Arnold Energy Center Docket No. 50-331 Renewed Facility Operating License No. DPR-49 License Amendment Request (TSCR-186): Removal of License Condition 2.C.(3), Fire Protection Program Pursuant to 10 CFR 50.90, NextEra Energy Duane Arnold, LLC (NEDA) is submitting a request for an amendment to the Operating License for the Duane Arnold Energy Center (DAEC). The proposed amendment would delete License Condition 2.C.(3),

"Fire Protection Program," which requires that NEDA implement and maintain a fire protection program that complies with the requirements of 10 CFR 50.48(a) and 10 CFR 50.48(c).

By letter dated January 18, 2019 (Accession No. ML19023A196), NEDA provided formal notification to the U.S. Nuclear Regulatory Commission (NRG) pursuant to 10 CFR 50.82(a)(1 )(i) and 10 CFR 50.4(b)(8) of the intention to permanently cease power operations at the DAEC in the fourth quarter of 2020. After the certifications of permanent cessation of power operation and of permanent removal of fuel from the DAEC reactor vessel are docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii) respectively, and pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 license will no longer authorize reactor operation or emplacement or retention of fuel in the reactor vessel.

As a result, the Fire Protection Program license condition may be removed, and NEDA will maintain a Fire Protection Program in accordance with 10 CFR 50.48(f), as required during the continued effectiveness period of the Part 50 license under 10 CFR 50.51 (b).

The Enclosure to this letter provides NEDA's evaluation of the proposed change.

Attachment 1 to the enclosure provides a markup of the Operating License showing the proposed change, and Attachment 2 provides the clean Operating License pages containing the proposed change.

NEDA requests approval of the proposed license amendment by October 1, 2020.

NEDA requests that the approved amendment become effective following submittal of the certifications required by 10 CFR 50.82(a)(1)(i) and (ii). /JiJD~

NextEra Energy Duane Arnold, LLC, 3277 DAEC Road, Palo, IA 52324 jV/:/c_

l Document Control Desk NG-19-0100 Page 2 of 2 In accordance with 10 CFR 50.91, a copy of this application with the enclosure is being provided to the designated State of Iowa official.

As discussed in the enclosure, the proposed change does not involve a significant hazards consideration pursuant to 10 CFR 50.92, and there are no significant environmental impacts associated with the change. The DAEC Onsite Review Group has reviewed and concurred with the proposed license amendment.

This letter contains no new or revised regulatory commitments.

If you have any questions or require additional information, please contact Mike Davis, Licensing Manager, at 319-851-7032.

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 25, 2019.

9~~J Dean Curtland Site Director NextEra Energy Duane Arnold, LLC Enclosure cc: Regional Administrator, USNRC, Region Ill, Project Manager, USNRC, Duane Arnold Energy Center Resident Inspector, USNRC, Duane Arnold Energy Center A. Leek (State of Iowa)

Enclosure NEXTERA ENERGY DUANE ARNOLD, LLC DUANE ARNOLD ENERGY CENTER NG-19-0100 LICENSE AMENDMENT REQUEST (TSCR-186)

DESCRIPTION AND EVALUATION OF THE PROPOSED CHANGES Page 1 of 6

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request Enclosure to NG-19-0100 Page 2 of 6 NEXTERA ENERGY DUANE ARNOLD, LLC DUANE ARNOLD ENERGY CENTER License Amendment Request CTSCR-186): Removal of License Condition 2.C.(3),

Fire Protection Program EVALUATION OF PROPOSED CHANGE 1.0 Summary Description 2.0

• Detailed Description 3.0 Technical Evaluation 4.0 Regulatory Evaluation 4.1 Applicable Regulatory Requirements/Criteria 4.2 Precedent 4.3 No Significant Hazards Consideration 4.4 Conclusions 5.0 Environmental Considerations 6.0 References - Proposed Operating License Changes (Mark-Up) - Revised Operating License Pages (Clean, with Proposed Changes)

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request Enclosure to NG-19-0100 Page 3 of 6 1.0

SUMMARY

DESCRIPTION The proposed amendment would delete the DAEC Operating License Condition 2.C.(3),

"Fire Protection Program," which requires that NextEra Energy Duane Arnold, LLC (NEDA) implement and maintain a fire protection program that complies with the requirements of 10 CFR 5b.48(a) and 10 CFR 50.48(c). NEDA will maintain a Fire Protection Program in accordance with 10 CFR 50.48(f), as required for licensees that have submitted certification of permanent cessation of operations.

2.0 DETAILED DESCRIPTION 2.1 Current Operating License Requirements License Condition 2.C.(3) requires NEDA to implement and maintain in effect all provisions of the approved fire protection program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c) as specified in the licensee amendment request dated August 5, 2011, as supplemented and approved in the safety evaluation report dated September 10, 2013. Additionally, the license condition includes criteria for making changes to the approved program without prior NRG approval.

2.2 Reason for the Proposed Change The proposed change is requested as a result of NEDA's formally-stated intention to permanently cease power operation at DAEC in the fourth quarter of 2020 (Reference 1). After the certifications of permanent cessation of power operation and of permanent removal of fuel from the DAEC reactor vessel are docketed, in accordance with 10 CFR 50.82(a)(1)(i) and (ii) respectively, and pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 license will no longer authorize reactor operation or emplacement or retention of fuel in the reactor vessel. As a result, License Condition 2.C.(3) will no longer apply because it establishes requirements that relate to the ability to shut down the plant safely in the event of a fire.

2.3 Description of the Proposed Change The revised License Condition will read as follows:

2.C.(3) Deleted provides a markup of the Operating License showing the proposed change, and Attachment 2 provides the clean Operating License pages containing the proposed change.

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request Enclosure to NG-19-0100 Page 4 of 6

3.0 TECHNICAL EVALUATION

The current Fire Protectiqn License Condition is applicable to an operating reactor as the requirements of 10 CFR 50.48(a) and 50.48(c) apply to holders of operating licenses issued under Part 50. The conditions specified in the License Condition include consideration of risk metrics for core damage frequency and large early release frequency, which are associated with power operation.

After th.e certifications of permanent cessation of power operation and of permanent removal of fuel from the DAEC reactor vessel are docketed in accordance with 10 CFR 50.82(a)(1 )(i) and (ii) respectively, and pursuant to 10 CFR 50.82(a)(2), the DAEC license will no longer authorize operation of the reactor. As such, the conditions specified in License Condition 2.C.(3) are no longer required or applicable, and License Condition 2.C.(3) can be-deleted.

Following submittal of the certifications required under 10 CFR 50.82(a)(1 ), a fire protection program is required by 10 CFR 50.48(f) to address the potential for fires that could result in a radiological hazard. This regulation is applicable regardless of whether a requirement for a fire protection program is included in the facility license. Fire Protection program aspects that relate to a permanently defueled condition are specifically and adequately addressed by 10 CFR 50.48(f). As a re.suit, the fire protection program will be revised to take into account the decommissioning facility conditions and activities.

The revision to the DAEC Operating License (OL) is proposed in. accordance with 10 CFR 50.51(b) and the proposed changes would become effective following submittal of the certifications required by 10 CFR 50.82(a)(1)(i) and (ii).

4.0 REGULATORY EVALUATION

4.1 Applicable Regulatory Requirements/Criteria 10 CFR 50.48(f) states in part that: "Licensees that have submitted the certifications required under 10 CFR 50.82(a)(1) shall maintain a fire protection program to address the potential for fires that could cause the release or spread of radioactive materials (i.e., that~ould result in a.radiological hazard) ... "

• 4.2 Precedent The proposed change is consistent with the changes submitted by Fort Calhoun Station

• Unit No. 1 (ML16323A228), Indian Point Nuclear Generating Station Unit 2 (ML191058241) and Pilgrim Nuclear Power Station (ML18260A085) to eliminate their fire protection license conditions and establish Fire Protection Programs that meet the requirements of 10 CFR 50.48(f) for decommissioning plants.

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request Enclosure to NG-19-0100 Page 5 of 6 4.3 No Significant Hazards Consideration NEDA has evaluated whether a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of.amendment," as discussed below:

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

Response: No The proposed change does not alter, degrade or prevent action described or assumed in any accident in the UFSAR from being performed. The proposed change does not alter any assumptions previously made in evaluating radiological consequences. The proposed change does not affect the integrity of any fission product barrier.

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

2. Does the proposed change create the possibility of a new or different kind of .

accident from any accident previously evaluated?

Response: No The proposed change does not alter any safety limits or safety analysis assumptions associated with the operation of the plant. The proposed change does not introduce any new accident initiators, nor does the change reduce or adversely affect the capabilities of any plant structure or system in the performance of its safety function.

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

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

Response: No The proposed change does not alter the manner in which safety limits or limiting safety system settings are determined. The safety analysis acceptance criteria are not affected by the proposed change. The proposed change does not change the design function of any equipment assumed to operate in the event of an accident.

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request Enclosure to NG-19-0100 Page 6 of 6 Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, NEDA concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92, and, accordingly, a finding of "no significant hazards consideration" is justified.

4.4 Conclusions 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.

5.0 ENVIRONMENTAL CONSIDERATION

S NEDA has evaluated the proposed amendment for environmental considerations. The review has determined that the proposed amendment would change a requirement with respect to installation or use of a facility component located within the restricted area, as defined in 10 CFR 20, or would change an inspection or surveillance requirement.

However, the proposed amendment does not involve (i) a significant hazards consideration, (ii) a significant change in the types or significant increase in the amounts of any effluent that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure.

Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

6.0 REFERENCES

6.1 Letter from Mano K. Nazar, NextEra Energy Duane Arnold, LLC to U.S. Nuclear Regulatory Commission - "Duane Arnold Energy Center - Certification of Permanent Cessation of Power Operations," dated January 18, 2019, (ADAMS Accession No. ML19023A196).

LIST OF ATTACHMENTS - Proposed Operating License Changes (Mark-Up) - Revised Operating License Pages (Clean, with Proposed Changes)

Duane Arnold Energy Center Docket No. 50-331 License Amend menfReq Liest NG-19-0100 Enclosure, Attachment 1 Page 1 of 4 ATTACHMENT 1 PROPOSED OPERATING LICENSE CHANGES (MARK-UP)

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; 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 NextEra Energy Duane Arnold , LLC is authorized to operate the Duane Arnold Energy Center at steady state reactor core power levels not in excess of 1912 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A , as revised through _J..

Amendment No. 307, are hereby incorporated in the license. NextEra Energy Duane -1 Arnold , LLC shall operate the facility in accordance with the Technical Specifications.

(a) For Surveillance Requirements (SRs) whose acceptance criteria are modified ,

either directly or indirectly, by the increase in authorized maximum power level in 2.C.(1) above, in accordance with Amendment No. 243 to Facility Operating License DPR-49, those SRs are not required to be performed until their next scheduled performance, which is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment No. 243.

(b) Deleted.

(3) Fire Proteotion PrograFR Deleted NextEra Energy Duane Arnold , LLG shall iFRpleRlent and Rlaintain in effeot all provisions of the approved fire proteotion prograFR that 00R1ply with 10 GFR 60. 48(a) and 10 GFR 60.48(0) , as speoified in the lioensee aR1endR1ent request dated August 6, 2011 (and supplements dated Ootober 14 , 2011 , April 23, 2012, May 23, 2012, duly 9, 2012, Ootober 16, 2012, January 11 , 2013, February 12, 2013, Marsh 6, 2013, May 1, 2013, May 29, 2013, two suppleR1ents dated duly 2, 2013, and supplements dated August 6, 2013 and August 28, 2013) and as approved in the safety evaluation report dated SepteFRber 10, 2013. Exoept where NRG approval for ohanges or deviations is required by 10 GFR 60.48(0) , and provided no other regulation , teohnioal speoifioation , lioense oondition or requirement would require prior ~JRG approval , the lioensee FRay FRake ohanges to the fire protection prograRl without prior approval of the GomFRission if those ohanges satisfy the provisions set forth in 10 GFR 60.48(a) and 10 GFR 60. 48(0) , the ohange does not require a ohange to a teohnioal speoifioation or a lioense oondition , and the oriteria listed belm,*,*

are satisfied .

Renewed License No. DPR-49 Amendment ~ 1

• Fire AlarR'l aRd DeteotioR SysteR'!s (SeotioR e.8) ;

• AutoFRatio aRd MaRual Water Based Fire SuppressioR SysteFRs (SeotioR e.O) ;

• Gaseous Fire SuppressioR SysteR'!s (Seotion 3.10); and ,

• Passive Fire ProteotioR Features (Seotion e.11 ).

This Lioenso Condition does not apply to any deFRonstration of equivaleRoy under Seotion 1.7 of NFPA 806 .

2. Fire ProteotioR PrograFR GhaRges that le4ave No More thaR MiRiFRal Risk IFRpaot Prior NRG review and approval are not required for ohaRges to the lioeRsee's fire proteotioR prograFR that have beeR deR'!oRstrated to have RO FRore thaR a R'liRiFRal risk iFRpaot. The lioeRsee R'lay use its soreening prooess as appro\*ed iR the ~~RC safety evaluatioR re port dated SepteR'!ber 10, 2013 to deterR'liRe that oertaiR fire proteotioR prograR'! ohaRges R'!eet the R'liniR'lal oriterion . T he lioensee shall eRsure that fire proteotioR defeRse in depth and safety FRargins are FRaiRtaiRed wheR ohaRges are FRade to the fire proteotion prograFR .

TransitioR Lioense GoRditioRs (1) Before aohieving full ooFRpliance with 10 GFR 50.48(0) , as specified by (2) and (3) below, risk inforFRed ohanges to the lioeRsee's fire proteotioR prograR'l FRay not be FRade 1Nithout prior NRG review and approval unless the ohange has been deR'!onstrated to have no FRore than a R'liRiR'lal risk iFRpaot, as desoribed in (2) abO\'e .

(2) The lioeRsee shall iFRpleFReRt the R'!odifioations to its faoi lity, as desoribed iR Enolosure 2, AttaohR'leRt S, Table S 1, "Plant FROdifioatiORS GOFRFRitted," of DAEG letter NG 1a 0287, dated July 2, 2013, to ooR'lplete the traRsitioR to full ooFRpliaRoe with 1O GFR 50 .48(0) by DeceFRber 31 , 201 4. The licensee shall FRaintaiR appropriate COFRpeRsatory R'!easures iR plaoe URtil COR'lpletioR of these FRodifioatioRs.

(e) The lioensee shall iR'lpleFReRt the iteR'ls listed iR ~Rolosure 2, AttaohFReRt S, Table S 2 , "IFRpleR'!eRtatioR lteR'ls," of DA~G letter NG 13 0287 , dated July 2 ,

201 e, by Marsh 0 , 2014 .

(4) The licensee is authorized to operate the Duane Arnold Energy Center following installation of modified safe-ends on the eight primary recirculation system inlet lines which are described in the licensee letter dated July 31, 1978, and supplemented by letter dated December 8, 1978.

(5) Physical Protection NextEra Energy Duane Arno ld , LLC shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, Renewed License No. DPR-49 Amendment -286 ~

Duane Arnold Energy Center Docket No. 50-331 License Amendment Request NG-19-0100 Enclosure, Attachment 2 Page 1 of 2 ATTACHMENT 2 REVISED OPERATING LICENSE PAGES (CLEAN , WITH PROPOSED CHANGES)

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; is subject to all applicable provisions of the Act and to the ru les, 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 NextEra Energy Duane Arnold, LLC is auth orized to operate the Duane Arnold Energy Center at steady state reactor core power levels not in excess of 1912 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 307, are hereby incorporated in the license. NextEra Energy Duane Arnold, LLC shall operate the facility in accordance with the Technical Specifications.

(a) For Surveillance Requirements (SRs) whose acceptance criteria are modified, either directly or indirectly, by the increase in authorized maximum power level in 2.C.(1) above, in accordance with Amendment No. 243 to Facility Operating License DPR-49, those SRs are not required to be performed until their next scheduled performance, which is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment No. 243.

(b) Deleted.

(3) Deleted (4) The licensee is authorized to operate the Duane Arnold Energy Center following installation of modified safe-ends on the eight primary recirculation system inlet lines which are described in the licensee letter dated July 31 , 1978, and supplemented by letter dated December 8, 1978.

(5) Physical Protection NextEra Energy Duane Arnold, LLC shall fu lly implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, Renewed License No. DPR-49 Amendment