ML032541253

License Amendment, Updates Outdated Requirements

ML032541253
Person / Time
Site:	Palisades
Issue date:	10/24/2003
From:	Hood D NRC/NRR/DLPM/LPD1
To:	Domonique Malone Consumers Energy
References
TAC MB8935
Download: ML032541253 (8)

Text

October 24, 2003 Mr. Daniel J. Malone Site Vice President Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043

SUBJECT:

PALISADES PLANT - ISSUANCE OF AMENDMENT REGARDING OPERATORS LICENSE QUALIFICATIONS (TAC NO. MB8935)

Dear Mr. Malone:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 212 to Facility Operating License No. DPR-20 for the Palisades Plant. This amendment consists of changes to the Technical Specifications (TSs) in response to your application dated April 30, 2003.

The amendment revises TS Section 5.3, Plant Staff Qualifications, to update requirements that have been outdated based on licensed operator training programs being accredited by the National Academy for Nuclear Training and promulgation of the revised 10 CFR Part 55, Operators Licenses.

A copy of our related safety evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely,

/RA/

Darl S. Hood, Senior Project Manager, Section 1, Project Directorate III, Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-255

Enclosures:

1. Amendment No. 212 to DPR-20

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

ML032541253 Palisades Plant cc:

Robert A. Fenech, Senior Vice President Michigan Department of Attorney General Nuclear, Fossil, and Hydro Operations Special Litigation Division Consumers Energy Company 525 West Ottawa St.

1945 Parnall Rd. Sixth Floor, G. Mennen Williams Building Jackson, MI 49201 Lansing, MI 48913 Arunas T. Udrys, Esquire Manager, Regulatory Affairs Consumers Energy Company Nuclear Management Company, LLC 1 Energy Plaza 27780 Blue Star Memorial Highway Jackson, MI 49201 Covert, MI 49043 Regional Administrator, Region III Director of Nuclear Assets U.S. Nuclear Regulatory Commission Consumers Energy Company 801 Warrenville Road Palisades Nuclear Plant Lisle, IL 60532-4351 27780 Blue Star Memorial Highway Covert, MI 49043 Supervisor Covert Township John Paul Cowan P. O. Box 35 Executive Vice President & Chief Nuclear Covert, MI 49043 Officer Nuclear Management Company, LLC Office of the Governor 700 First Street P. O. Box 30013 Hudson, WI 54016 Lansing, MI 48909 Jonathan Rogoff, Esquire U.S. Nuclear Regulatory Commission Vice President, Counsel & Secretary Resident Inspectors Office Nuclear Management Company, LLC Palisades Plant 700 First Street 27782 Blue Star Memorial Highway Hudson, WI 54016 Covert, MI 49043 Douglas E. Cooper Michigan Department of Environmental Quality Senior Vice President - Group Operations Waste and Hazardous Materials Division Palisades Nuclear Plant Hazardous Waste and Radiological Nuclear Management Company, LLC Protection Section 27780 Blue Star Memorial Highway Nuclear Facilities Unit Covert, MI 49043 Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 October 2003

NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-255 PALISADES PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 212 License No. DPR-20

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

A. The application for amendment by Nuclear Management Company, LLC (the licensee), dated April 30, 2003, 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; 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 the license amendment and Paragraph 2.C.(2) of Facility Operating License No. DPR-20 is hereby amended to read as follows:

The Technical Specifications contained in Appendix A, as revised through Amendment No. 212, and the Environmental Protection Plan contained in Appendix B are hereby incorporated in the license. NMC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of the date of issuance and shall be implemented within 45 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA by MShuaibi for/

L. Raghavan, Chief, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications Date of Issuance: October 24, 2003.

ATTACHMENT TO LICENSE AMENDMENT NO. 212 FACILITY OPERATING LICENSE NO. DPR-20 DOCKET NO. 50-255 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 INSERT 5.0-4 5.0-4

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO AMENDMENT NO. 212 TO FACILITY OPERATING LICENSE NO. DPR-20 NUCLEAR MANAGEMENT COMPANY, LLC PALISADES PLANT DOCKET NO. 50-255

1.0 INTRODUCTION

By application dated April 30, 2003, the Nuclear Management Company, LLC (the licensee),

requested a change to the Technical Specifications (TSs) for the Palisades Plant. The proposed change would revise TS Section 5.3, Plant Staff Qualifications, to update requirements that have been outdated based on licensed operator training programs being accredited by the National Academy for Nuclear Training (NANT) and promulgation of the revised Title 10 of the Code of Federal Regulations (10 CFR), Part 55, Operators Licenses.

2.0 REGULATORY EVALUATION

On March 20, 1985, the U. S. Nuclear Regulatory Commission (NRC) issued the Commission Policy Statement on Training and Qualification of Nuclear Power Plant Personnel, which endorsed the NANT and its training accreditation process. In Generic Letter 87-07, "Information Transmittal of Final Rulemaking for Revisions to Operator Licensing 10 CFR 55 and Conforming Amendments," dated March 19, 1987, and in NUREG-1262, "Answers to Questions at Public Meetings Regarding Implementation of Title 10, Code of Federal Regulations, Part 55 on Operators' Licenses," published November 1987, the NRC indicated it would accept a facilitys licensed operator training program if the facilitys licensee certified in writing that the program was accredited and based on a systems-approach to training (SAT).

This certification would supersede the requirements of American National Standards Institute (ANSI) N18.1-1971, "Selection and Training of Nuclear Power Plant Personnel," and ANSI/American Nuclear Society (ANS)-3.1-1978, "Selection, Qualification and Training of Personnel for Nuclear Power Plants." Facility licensees were advised to submit a request to the NRC for an administrative change to their licensing documents to revise or delete, as appropriate, the requirements that had been superseded.

In 1992, the NRC published its proposed rule 10 CFR 50.120, "Training and qualification of nuclear power plant personnel." The proposed rule stated that, if adopted, the rule would supersede the Commission Policy Statement on Training and Qualification of Nuclear Power Plant Personnel and would not result in any change to accredited programs. The NRC concluded that accredited programs that are implemented consistent with industry objectives and criteria would be in compliance with 10 CFR 50.120. In April 1993, the NRC published its final rule on training and qualification of nuclear power plant personnel. The rule requires nuclear power plant licensees to establish, implement, and maintain SAT-based training programs for nine non-licensed positions. Accreditation of these nine training programs is an acceptable means of meeting the requirements of 10 CFR 50.120.

On January 18, 2001, the NRC issued Regulatory Issue Summary (RIS) 2001-01, Eligibility of Operator License Applicants," to familiarize licensees with the NRC's current guidelines for the qualification and training of reactor operator and senior operator license applicants.

RIS 2001-01 acknowledged that 10 CFR 55.31(a)(4) allows the NRC to accept an application for an operators license if the facility licensee certifies that the applicant has successfully completed a Commission-approved training program that is SAT-based. In addition, RIS 2001-01 stated that: (1) a training program would be considered approved by the NRC when it receives or renews accreditation from the National Nuclear Accrediting Board (NNAB);

(2) accreditation of operator training programs suggests that facilities are implementing the education and experience guidelines endorsed by the NNAB; (3) NANT guidelines for education and experience (those in effect in 1987 or those issued in January 2000) outline acceptable methods for implementing the Commission's regulations; and (4) the NRC staff encourages all facility licensees to review their requirements and commitments related to licensed operator and senior operator education and experience and to update their documentation (e.g., Final Safety Analysis Report, TSs, and training program descriptions) to enhance consistency and minimize confusion."

3.0 TECHNICAL EVALUATION

The licensee has proposed to revise TS Section 5.3, which describes the requirements for plant staff qualifications. The proposed revision would update requirements that have been outdated based on licensed operator training programs being accredited by the NANT and promulgation of the revised 10 CFR Part 55. The proposed revision conforms to the current requirements of 10 CFR Part 55. The TS requirements for all other plant staff qualifications would remain unchanged.

The NRC staff concludes that the proposed changes to the education and experience eligibility requirements in TS Section 5.3 are adequate as they conform with the reactor operator and senior reactor operator license eligibility criteria and standards acceptable to the NRC staff, as described in RIS 2001-01.

The proposed revision to TS Section 5.3 is consistent with 10 CFR Part 55 and does not adversely affect nuclear safety or plant operations. Therefore, the NRC finds the proposed revision to TS Section 5.3 acceptable.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

The amendment relates to changes in 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 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 Commissions 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: R. Pelton Date: October 24, 2003