ML022040133

Issuance of Amendment, Revising TS 5.5.14 to Eliminate the Use of the Term Unreviewed Safety Question & Replace the Word Involved with Required as It Applied to Changes Made to the UFSAR T the TS Bases

ML022040133
Person / Time
Site:	Mcguire, McGuire
Issue date:	07/17/2002
From:	Martin R NRC/NRR/DLPM/LPD2
To:	Barron H Duke Energy Corp
References
TAC MB3704, TAC MB3705, TS 5.5.14
Download: ML022040133 (10)

Text

July 17, 2002 Mr. H. B. Barron Vice President, McGuire Site Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078-8985

SUBJECT:

McGUIRE NUCLEAR STATION, UNITS 1 AND 2 RE: ISSUANCE OF AMENDMENTS (TAC NOS. MB3704 AND MB3705)

Dear Mr. Barron:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 204 to Facility Operating License NPF-9 and Amendment No. 185 to Facility Operating License NPF-17 for the McGuire Nuclear Station, Units 1 and 2. The amendments consist of changes to the Technical Specifications (TS) in response to your application dated December 20, 2001.

The amendments revise TS 5.5.14 to eliminate the use of the term unreviewed safety question, and replace the word involve with the word require as it applies to changes made to the updated Final Safety Analysis Report and the TS Bases.

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

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370

Enclosures:

1. Amendment No. 204 to NPF-9

2. Amendment No. 185 to NPF-17

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

July 17, 2002 Mr. H. B. Barron Vice President, McGuire Site Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078-8985

SUBJECT:

McGUIRE NUCLEAR STATION, UNITS 1 AND 2 RE: ISSUANCE OF AMENDMENTS (TAC NOS. MB3704 AND MB3705)

Dear Mr. Barron:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 204 to Facility Operating License NPF-9 and Amendment No. 185 to Facility Operating License NPF-17 for the McGuire Nuclear Station, Units 1 and 2. The amendments consist of changes to the Technical Specifications (TS) in response to your application dated December 20, 2001.

The amendments revise TS 5.5.14 to eliminate the use of the term unreviewed safety question, and replace the word involve with the word require as it applies to changes made to the updated Final Safety Analysis Report and the TS Bases.

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

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370 DISTRIBUTION:

PUBLIC ACRS

Enclosures:

PDII-1 R/F OGC

1. Amendment No. 204 to NPF-9 WBeckner GHill(4)

2. Amendment No. 185 to NPF-17 RHaag, RII TMarsh

3. Safety Evaluation cc w/encls: See next page Adams: ML022040133 TS Page: ML022030399 Package: ML022040125 OFFICE PDII-1/PM PDII-1/LA RORP OGC PDII-1/SC NAME Patel/RMartin CHawes RDennig SUttal JNakoski DATE 7/5/02 7/5/02 7/19/02 7/2/02 7/12/02 OFFICIAL RECORD COPY

DUKE ENERGY CORPORATION DOCKET NO. 50-369 McGUIRE NUCLEAR STATION, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 204 License No. NPF-9

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

A The application for amendment to the McGuire Nuclear Station, Unit 1 (the facility),

Facility Operating License No. NPF-9 filed by the Duke Energy Corporation (licensee) dated December 20, 2001, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations as 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 set forth in 10 CFR Chapter I; 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 hereby amended by page 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-9 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 204, are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John A. Nakoski, Chief, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Technical Specification Changes Date of Issuance: July 12, 2002

DUKE ENERGY CORPORATION DOCKET NO. 50-370 McGUIRE NUCLEAR STATION, UNIT 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 185 License No. NPF-17

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

A. The application for amendment to the McGuire Nuclear Station, Unit 2 (the facility),

Facility Operating License No. NPF-17 filed by the Duke Energy Corporation (licensee) dated December 20, 2001, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations as 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 set forth in 10 CFR Chapter I; 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 hereby amended by page 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-17 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 185, are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John A. Nakoski, Chief, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Technical Specification Changes Date of Issuance: July 12, 2002

ATTACHMENT TO LICENSE AMENDMENT NO. 204 FACILITY OPERATING LICENSE NO. NPF-9 DOCKET NO. 50-369 ATTACHMENT TO LICENSE AMENDMENT NO. 185 FACILITY OPERATING LICENSE NO. NPF-17 DOCKET NO. 50-370 Replace the following page of the Appendix A Technical Specification with the attached revised page. The revised page is identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert 5.5-17 5.5-17

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 204 TO FACILITY OPERATING LICENSE NPF-9 AND AMENDMENT NO. 185 TO FACILITY OPERATING LICENSE NPF-17 DUKE ENERGY CORPORATION MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 DOCKET NOS. 50-369 AND 50-370

1.0 INTRODUCTION

By letter dated December 20, 2001, Duke Energy Corporation, et al. (the licensee), submitted a request for changes to the McGuire Nuclear Station, Units 1 and 2, Technical Specifications (TS). The requested changes would eliminate the use of the term unreviewed safety question, and replace the word involve with the word require as it applies to changes made to the Updated Final Safety Analysis Report (UFSAR) and the TS Bases.

2.0 BACKGROUND

The requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.59 establish the conditions under which licensees may make changes to the facility or procedures and conduct test and experiments without prior approval from the Nuclear Regulatory Commission (NRC).

In 1999, the NRC revised its regulations (64 FR 191, dated October 4, 1999) controlling changes, tests and experiments performed by nuclear power plant licensees. The rule change clarified the specific types of changes, tests, and experiments conducted at a facility that require evaluation, and revised the criteria that licensees must use to determine when NRC approval is needed before such changes, tests, and experiments can be implemented. The final rule also added definitions for terms that have been subject to differing interpretations and reorganized the rule language for clarity. Under the revised 10 CFR 50.59, proposed changes, tests and experiments that satisfy the definitions and one or more of the criteria in the rule must be reviewed and approved by the NRC before implementation.

The TS Bases Control Program allows the licensee to make changes to the Bases in accordance with TS 5.5.14 without prior NRC approval, provided the change does not involve a change to the UFSAR or Bases involving an unreviewed safety question, as defined in 10 CFR 50.59. With the revisions to 10 CFR 50.59, the definition of unreviewed safety question was eliminated; therefore, the TS should be revised to be consistent with the revision to 10 CFR 50.59. A conforming change is made to TS 5.5.14 to replace the word involve, as used above, with the word require.

3.0 EVALUATION The proposed changes to TS 5.5.14 are required to reflect the revisions to 10 CFR 50.59, in that the definition of unreviewed safety question was eliminated. The revised TS 5.5.14, however, retains the requirement for prior NRC approval of changes to the UFSAR and TS Bases in those cases specified in the revised 10 CFR 50.59. The proposed change to TS 5.5.14 to replace the word involve, as used above, with the word require does not affect the requirements of TS 5.5.14. The TS is, therefore, revised to be consistent with the revision to 10 CFR 50.59 and the proposed editorial change described herein.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

These amendments relate to changes in recordkeeping, administrative procedures or requirements. Accordingly, these amendments meet 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 these amendments.

6.0 CONCLUSION

The Commission 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 amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: C. Patel Date: July 12, 2002

McGuire Nuclear Station cc:

Ms. Lisa F. Vaughn Ms. Karen E. Long Legal Department (PBO5E) Assistant Attorney General Duke Energy Corporation North Carolina Department of 422 South Church Street Justice Charlotte, North Carolina 28201-1006 P. O. Box 629 Raleigh, North Carolina 27602 County Manager of Mecklenburg County Mr. C. Jeffrey Thomas 720 East Fourth Street Manager - Nuclear Regulatory Charlotte, North Carolina 28202 Licensing Duke Energy Corporation Michael T. Cash 526 South Church Street Regulatory Compliance Manager Charlotte, North Carolina 28201-1006 Duke Energy Corporation McGuire Nuclear Site Elaine Wathen, Lead REP Planner 12700 Hagers Ferry Road Division of Emergency Management Huntersville, North Carolina 28078 116 West Jones Street Raleigh, North Carolina 27603-1335 Anne Cottingham, Esquire Winston and Strawn Mr. Richard M. Fry, Director 1400 L Street, NW. Division of Radiation Protection Washington, DC 20005 North Carolina Department of Environment, Health and Natural Senior Resident Inspector Resources c/o U.S. Nuclear Regulatory Commission 3825 Barrett Drive 12700 Hagers Ferry Road Raleigh, North Carolina 27609-7721 Huntersville, North Carolina 28078 Mr. T. Richard Puryear Dr. John M. Barry Owners Group (NCEMC)

Mecklenburg County Duke Energy Corporation Department of Environmental 4800 Concord Road Protection York, South Carolina 29745 700 N. Tryon Street Charlotte, North Carolina 28202 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210