ML021360002

License Amendment, Revising the Technical Specifications to Be Consistent with Changes Made to 10 CFR 50.59, Changes, Tests, and Experiments

ML021360002
Person / Time
Site:	Clinton
Issue date:	06/04/2002
From:	Hopkins J NRC/NRR/DLPM
To:	Skolds J Exelon Generation Co, Exelon Nuclear
Hopkins J, NRR/DLPM, 415-3027
References
TAC MB2428
Download: ML021360002 (11)

Text

June 4, 2002 Mr. John L. Skolds, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

CLINTON POWER STATION, UNIT 1 - ISSUANCE OF AMENDMENT (TAC NO. MB2428)

Dear Mr. Skolds:

The U.S. Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No. 151 to Facility Operating License No. NPF-62 for the Clinton Power Station, Unit 1. The amendment is in response to your application dated July 9, 2001.

The amendment revises the Technical Specifications to be consistent with changes made to 10 CFR 50.59, Changes, tests, and experiments.

A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.

Sincerely,

/RA/

Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No. 151 to NPF-62

2. Safety Evaluation cc w/encls: See next page

June 4, 2002 Distribution w/encls:

PUBLIC GHill (2)

PD3-2 r/f OGC Mr. John L. Skolds, President ACRS WBeckner and Chief Nuclear Officer GGrant, RIII Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

CLINTON POWER STATION, UNIT 1 - ISSUANCE OF AMENDMENT (TAC NO. MB2428)

Dear Mr. Skolds:

The U.S. Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No. 151 to Facility Operating License No. NPF-62 for the Clinton Power Station, Unit 1. The amendment is in response to your application dated July 9, 2001.

The amendment revises the Technical Specifications to be consistent with changes made to 10 CFR 50.59, Changes, tests, and experiments.

A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.

Sincerely,

/RA/

Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No. 151 to NPF-62

2. Safety Evaluation cc w/encls: See next page ADAMS Accession Number: ML021360002 OFFICE PM:LPD3-2 LA:LPD3-2 OGC SC:LPD3-2 NAME JHopkins THarris AHodgdon AMendiola DATE 05/22/02 05/21/02 05/24/02 06/04/02 OFFICIAL RECORD COPY

Clinton Power Station, Unit 1 cc:

Chief Operating Officer Senior Counsel, Nuclear Exelon Generation Company, LLC Mid-West Regional Operating Group 4300 Winfield Road Exelon Generation Company, LLC Warrenville, Illinois 60555 4300 Winfield Road Warrenville, Illinois 60555 Senior Vice President - Nuclear Services Exelon Generation Company, LLC Document Control Desk-Licensing 4300 Winfield Road Exelon Generation Company, LLC Warrenville, Illinois 60555 4300 Winfield Road Warrenville, Illinois 60555 Vice President - Mid-West Opns Support Exelon Generation Company, LLC Illinois Department of Nuclear Safety 4300 Winfield Road Office of Nuclear Facility Safety Warrenville, Illinois 60555 1035 Outer Park Drive Springfield, IL 62704 Senior Vice President - Mid-West Regional Operating Group Site Vice President - Clinton Power Station Exelon Generation Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road Clinton Power Station Warrenville, Illinois 60555 RR 3, Box 228 Clinton, IL 61727-9351 Vice President - Licensing and Regulatory Affairs Clinton Power Station Plant Manager Exelon Generation Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road Clinton Power Station Warrenville, Illinois 60555 RR 3, Box 228 Clinton, IL 61727-9351 Manager Licensing - Clinton and LaSalle Exelon Generation Company, LLC Regulatory Assurance Manager - Clinton 4300 Winfield Road AmerGen Energy Company, LLC Warrenville, IL 60555 Clinton Power Station RR 3, Box 228 Director-Licensing Clinton, IL 61727-9351 Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

Clinton Power Station, Unit 1 cc:

Resident Inspector U.S. Nuclear Regulatory Commission RR#3, Box 229A Clinton, IL 61727 R. T. Hill Licensing Services Manager General Electric Company 175 Curtner Avenue, M/C 481 San Jose, CA 95125 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Chairman of DeWitt County c/o County Clerks Office DeWitt County Courthouse Clinton, IL 61727 J. W. Blattner Project Manager Sargent & Lundy Engineers 55 East Monroe Street Chicago, IL 60603

AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-461 CLINTON POWER STATION, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 151 License No. NPF-62

1. The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by AmerGen Energy Company, LLC (the licensee), dated July 9, 2001, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. NPF-62 is hereby amended to read as follows:

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 151 are hereby incorporated into this license. AmerGen Energy Company, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Anthony J. Mendiola, Chief, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications Date of Issuance: June 4, 2002

ATTACHMENT TO LICENSE AMENDMENT NO. 151 FACILITY OPERATING LICENSE NO. NPF-62 DOCKET NO. 50-461 Replace the following page of the Appendix "A" Technical Specifications with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Pages Insert Pages 5.0-16 5.0-16

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 151 TO FACILITY OPERATING LICENSE NO. NPF-62 AMERGEN ENERGY COMPANY, LLC CLINTON POWER STATION, UNIT 1 DOCKET NO. 50-461

1.0 INTRODUCTION

By letter dated July 9, 2001, AmerGen Energy Company, LLC (AmerGen, the licensee),

submitted an amendment request for changes to the Clinton Power Station, Unit 1 (CPS),

Technical Specifications (TS). The requested changes provide consistency with the changes to Title 10 Code of Federal Regulations (10 CFR) Section 50.59, Changes, tests, and experiments, which became effective on March 13, 2001.

2.0 BACKGROUND

The Commissions regulations in 10 CFR 50.59 establish the conditions for the licensee to implement changes to its facility or procedures that are described in the updated safety analysis report (USAR) prior to U.S. Nuclear Regulatory Commission (NRC) approval. These regulations further establish conditions for the licensee to conduct tests or experiments, which are not described in the USAR, prior to NRC approval.

The amendment revises TS 5.5.11, Technical Specifications (TS) Bases Control Program, in order to adopt NRC-approved Technical Specification Task Force (TSTF) item TSTF-364, Revision 0. TSTF-364 revises NUREG 1431, Standard Technical Specifications Westinghouse Plants, NUREG 1433, Standard Technical Specifications General Electric Plants BWR-4, and NUREG 1434, Standard Technical Specifications General Electric Plants BWR-6, to be consistent with the revisions to 10 CFR 50.59 as published in the Federal Register (Volume 64, Number 191) on October 4, 1999, which became effective on March 13, 2001. The NRC staff approved TSTF-364, Revision 0, on June 16, 2000.

The revisions to 10 CFR 50.59 clarified the specific type of change, test, or experiment that may be implemented prior to NRC approval. The revisions also clarified the specific types of changes, tests, and experiments that require evaluation by the licensee. Additionally, the revisions added definitions for terms that have been subject to differing interpretations, and 10 CFR 50.59 was reorganized for clarity.

The Bases Control Program required by the TS allows licensees to implement changes to the Bases prior to NRC approval provided the changes do not involve a change to the TS or do not involve a change to the USAR or Bases that involve an unreviewed safety question. The definition of unreviewed safety question was previously defined in 10 CFR 50.59. The revisions to 10 CFR 50.59 eliminated the term unreviewed safety question. In TSTF-364, Revision 0, the NRC staff concluded that the phrase requires NRC approval pursuant to 10 CFR 50.59" is an acceptable description to use in the TS in lieu of the eliminated term of unreviewed safety question. By submitting this amendment, AmerGen is requesting NRC authorization to revise the CPS TS for the Bases Control Program to be consistent with the revision to 10 CFR 50.59.

3.0 EVALUATION 3.1 Description of Changes CPS TS Section 5.5.11, Technical Specifications (TS) Bases Control Program, presently requires a program for processing changes to the Bases of the Technical Specifications.

TS 5.5.11.b currently states the following:

b. Licensees may make changes to Bases without prior NRC approval provided the changes do not involve either of the following:

1. A change in the TS incorporated in the license; or

2. A change to the USAR or Bases that involves an unreviewed safety question as defined in 10 CFR 50.59.

The proposed amendment would revise TS 5.5.11.b to read as follows:

b. Licensees may make changes to Bases without prior NRC approval provided the changes do not require either of the following:

1. A change in the TS incorporated in the license; or

2. A change to the USAR or Bases that requires NRC approval pursuant to 10 CFR 50.59.

The change involves replacing the phrase involves an unreviewed safety question with the phrase requires NRC approval pursuant to.

3.2 Justification The Commissions final rule of October 4, 1999, which revised 10 CFR 50.59, affects the wording of the TS Bases Control Program. In the revision to 10 CFR 50.59, the Commission eliminated the phrase involves an unreviewed safety question, and in TSTF-364, Revision 0, the NRC staff concluded that the phrase requires NRC approval pursuant to 10 CFR 50.59" is an acceptable description to use in the TS, consistent with 10 CFR 50.59, as revised.

The proposed amendment replaces the term involves an unreviewed safety question with the term requires NRC approval. The amended TS 5.5.11 would continue to incorporate the criteria of 10 CFR 50.59 by reference and these criteria provide appropriate and adequate control of changes to the TS Bases. The NRC staff has reviewed the licensees proposed amendment to incorporate the wording of TSTF-364, Revision 0, into CPS TS 5.5.11 and, based on the above discussion, concludes that the change is acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Illinois State official was notified of the proposed issuance of the amendment. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

This amendment changes recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

6.0 CONCLUSION

The staff has concluded, based on the considerations discussed above, that: (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.

Principal Contributor: P. Hearn Date: June 4, 2002