ML040711071

Big Rock Point Plant - Issuance of Amendment Related to the Transfer of All Spent Fuel Storage from the Spent Fuel Pool Into Dry Cask Storage

ML040711071
Person / Time
Site:	Big Rock Point  File:Consumers Energy icon.png
Issue date:	03/19/2004
From:	Huffman W NRC/NMSS/DWM
To:	Hass K Consumers Energy
References
-RFPFR, TAC L52607
Download: ML040711071 (43)

Text

March 19, 2004 Mr. Kurt M. Haas General Manager Big Rock Point Plant Consumers Energy Company 10269 US-31 North Charlevoix, MI 49720

SUBJECT:

BIG ROCK POINT PLANT - ISSUANCE OF AMENDMENT RELATED TO THE TRANSFER OF ALL SPENT FUEL STORAGE FROM THE SPENT FUEL POOL INTO DRY CASK STORAGE (TAC NO. L52607)

Dear Mr. Haas:

The Commission has issued the enclosed Amendment No. 125 to Facility Operating License No. DPR-6 for the Big Rock Point Plant. The amendment is in response to your applications dated November 20, 2002, and August 6, 2003, as supplemented by letters dated December 1, 2003, and February 20, 2004.

The amendment revises the Big Rock Point License and Defueled Technical Specifications to remove reactor operational and administrative requirements that are no longer applicable due to the transfer of all spent fuel from the spent fuel pool into dry cask storage at the Big Rock Point Independent Spent Fuel Storage Installation.

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

Sincerely,

/RA//

William C. Huffman, Project Manager Section A Decommissioning Branch Division of Waste Management, NMSS Docket Nos. 50-155 and 72-43

Enclosures:

1. Amendment No. 125 to DPR-6

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

March 19, 2004 Mr. Kurt M. Haas General Manager Big Rock Point Plant Consumers Energy Company 10269 US-31 North Charlevoix, MI 49720

SUBJECT:

BIG ROCK POINT PLANT - ISSUANCE OF AMENDMENT RELATED TO THE TRANSFER OF ALL SPENT FUEL STORAGE FROM THE SPENT FUEL POOL INTO DRY CASK STORAGE (TAC NO. L52607)

Dear Mr. Haas:

The Commission has issued the enclosed Amendment No. 125 to Facility Operating License No. DPR-6 for the Big Rock Point Plant. The amendment is in response to your applications dated November 20, 2002, and August 6, 2003, as supplemented by letters dated December 1, 2003, and February 20, 2004.

The amendment revises the Big Rock Point License and Defueled Technical Specifications to remove reactor operational and administrative requirements that are no longer applicable due to the transfer of all spent fuel from the spent fuel pool into dry cask storage at the Big Rock Point Independent Spent Fuel Storage Installation.

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

Sincerely,

/RA/

William C. Huffman, Project Manager Section A Decommissioning Branch Division of Waste Management, NMSS Docket Nos. 50-155 and 72-43

Enclosures:

1. Amendment No. 125 to DPR-6

2. Safety Evaluation cc w/encls: See next page DISTRIBUTION DCB r/f JGreeves WReamer MLayton MThaggard DGillen CCraig SOConnor JMonninger RManili CCraig CBurkhalter RidsNmssDwmDcb RidsRgn3MailCenter RidsOgcRp JShepherd RidsNmssPMDOrlando PMWHuffmanRidsNmss STreby ML040711071 C:\MyFiles\Copies\BRP amd 125.wpd Log#: 04-004 OFFICE DCB DCB/LA DCB/SC NSIR OGC DCB/BC NAME WHuffman CBurkhalter* MThaggard FSturz* STreby* DGillen DATE 2/23/04 2/24/04 2/25/04 2/24/03 3/10/04 3/19 /04

• See previous Concurrence OFFICIAL RECORD COPY

Big Rock Point Plant cc:

Mr. Michael D. VanHamert, Mr. John W. Campbell Vice President and Secretary Executive Director Consumers Energy Company Eastern U.P. Regional Planning One Energy Plaza & Development Commission Jackson, MI 49201-2276 524 Ashmun Street P. O. Box 520 Mr. David A. Mikelonis, Esquire Sault Ste. Marie, MI 49783 Senior Vice President and General Counsel Consumers Energy Company Lake Michigan Federation One Energy Plaza Attn: T. Cabala, Director Jackson, MI 49201-2276 425 W. Western Avenue Muskegon, MI 49440 Ms. Jane E. Brannon, County Clerk County Building Annex Mr. Robert A. Fenech 203 Antrim Street Senior Vice President Charlevoix, MI 49720 Nuclear, Fossil Operations Consumers Energy Company Office of the Governor 1945 West Parnall Road P. O. Box 30013 Jackson, MI 49201 Lansing, MI 48909 Mr. Gregory Withrow Regional Administrator, Region III Engineering, Operations, and U.S. Nuclear Regulatory Commission Licensing Manager 801 Warrenville Road Big Rock Point Restoration Site Lisle, IL 60532-4351 10269 US-31 North Charlevoix, MI 49720 Michigan Department of Environmental Quality Linda Castiglione Waste and Hazardous Materials Division Big Rock Point Restoration Site Hazardous Waste and Radiological 10269 US-31 North Protection Section Charlevoix, MI 49720 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 Michigan Department of Attorney General Special Litigation Division 525 West Ottawa St.

Sixth Floor, G. Mennen Williams Building Lansing, MI 48913

CONSUMERS ENERGY COMPANY DOCKET NO. 50-155 BIG ROCK POINT PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 125 License No. DPR-6

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

A. The applications for amendment by Consumers Energy Company (the licensee) dated November 20, 2002, and August 6, 2003, as supplemented by letters dated December 1, 2003, and February 20, 2004, comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will be maintained in conformity with the application, as amended, 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 rules and regulations of the Commission; D. The issuance of this license 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 rules and regulations of the Commission and all applicable requirements have been satisfied.

2. Accordingly, Facility Operating License No. DPR-6 is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment.

Furthermore, the license is amended by changing paragraphs 2.C.(2), 2.C.(3) and 2.D.

to read as follows:

2.C.(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 125, are hereby incorporated in the license. The licensee shall maintain the facility in accordance with the Technical Specifications.

2.C.(3) Physical Protection The licensee shall fully implement and maintain in effect all provisions of the physical security, guard training and qualification, and safeguards contingency plans approved by the Commission and all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p), as modified by NRC-approved exemptions. The plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Big Rock Point ISFSI Security Plan," as submitted on July 31, 2001, and modified by letter dated March 6, 2002. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.

2.D. The license amendment is effective as of its date of issuance and shall be implemented within 45 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Daniel M. Gillen, Chief Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards

Attachment:

Changes to the Technical Specifications Date of Issuance: March 19, 2004

ATTACHMENT TO LICENSE AMENDMENT NO. 125 FACILITY OPERATING LICENSE NO. DPR-6 DOCKET NO. 50-155 Replace the current pages of the Appendix A, Defueled Technical Specifications, with the enclosed revised pages. The enclosed Amendment No. 125 pages replaces the current defueled technical specification in its entirety. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

REMOVE INSERT All current pages of the Big Rock Replace Appendix A in its entirety Point Defueled Technical with enclosed pages Specifications [Appendix A to Facility Operating License No. DPR-6]

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS Amendment No. 125

TABLE OF CONTENTS DEFUELED TECHNICAL SPECIFICATIONS FOR BIG ROCK POINT PLANT SECTION DESCRIPTION PAGE 1.0 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 1.1 ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 1.2 CHANNEL CALIBRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 l 1.3 CHANNEL CHECK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 l 1.4 CHANNEL FUNCTIONAL TEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 l 1.5 IMMEDIATELY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 l 1.6 OFFSITE DOSE CALCULATION MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 l 1.7 PROCESS CONTROL PROGRAM (PCP) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 l 1.8 REPORTABLE EVENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 l l

l 2.0 SAFETY LIMITS AND LIMITING SAFETY SYSTEM SETTINGS . . . . . . . . . . . . . 2-1 3/4 LIMITING CONDITIONS FOR OPERATION AND SURVEILLANCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3/4-1 3/4.0 APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3/4-1 3/4.1 SEALED SOURCE CONTAMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 3/4-2 l l

l 5.0 DESIGN FEATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 5.1 SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 5.1.1 LOCATION AND BOUNDARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 l l

l 6.0 ADMINISTRATIVE CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.1 RESPONSIBILITY AND AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.1.1 SENIOR NUCLEAR OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.1.2 SITE GENERAL MANAGER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 l

6.2 ORGANIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.2.1 REPORTING RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.2.2 FACILITY ORGANIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 l i

Amendment No. 125

TABLE OF CONTENTS DEFUELED TECHNICAL SPECIFICATIONS BIG ROCK POINT PLANT SECTION DESCRIPTION PAGE 6.3 STAFF QUALIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2 l 6.4 REVIEW AND AUDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2 l 6.5 PROCEDURES AND PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3 l 6.5.1 PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3 l 6.5.2 PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3 l 6.5.2.1 RADIATION PROTECTION PROGRAM . . . . . . . . . . . . . . . . 6-3 l 6.5.2.2 PROCESS CONTROL PROGRAM (PCP) . . . . . . . . . . . . . . . . 6-5 l 6.5.2.3 OFFSITE DOSE CALCULATION MANUAL (ODCM) . . . . . 6-5 l 6.5.2.4 RADIOACTIVE EFFLUENT CONTROLS PROGRAM . . . . . 6-6 l 6.5.2.5 RADIOLOGICAL ENVIRONMENTAL MONITORING l PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7 l 6.6 REPORTING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8 l 6.6.1 ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORT . 6-8 l 6.6.2 ANNUAL RADIOLOGICAL ENVIRONMENTAL OPERATING l REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8 l 6.6.3 ANNUAL RADIOLOGICAL EFFLUENT RELEASE REPORT . . . . 6-9 l 6.6.4 SPECIAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9 l 6.7 RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9 l 6.8 REPORTABLE EVENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9 l l

l ii Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS DEFINITIONS 1.1 ACTION ACTION shall be that part of a specification which prescribes remedial measures required under designated conditions. l l

1.2 CHANNEL CALIBRATION l A CHANNEL CALIBRATION is the adjustment as necessary, of the channel output such that the channel responds with the necessary range and accuracy to known values of the parameter which the channel monitors. The CHANNEL CALIBRATION shall encompass the entire channel including the sensor and alarm and/or trip functions, and includes the CHANNEL FUNCTIONAL TEST.

The CHANNEL CALIBRATION may be performed by any series of sequential, overlapping, or total channel steps such that the entire channel is calibrated.

1.3 CHANNEL CHECK l A CHANNEL CHECK is the qualitative assessment of channel behavior during operation by observation. This assessment shall include, where possible comparison of the channel indication and/or status with other indications and/or status derived from independent instrumentation channels measuring the same parameter.

1.4 CHANNEL FUNCTIONAL TEST l A CHANNEL FUNCTIONAL TEST is the injection of a simulated signal into the channel as close to the sensor as practicable to verify performance, including alarm and trip functions. l l

1.5 IMMEDIATELY l When IMMEDIATELY is used as a completion time for a required ACTION, the ACTION should be pursued without delay and in a controlled manner. l l

1.6 OFFSITE DOSE CALCULATION MANUAL (ODCM) l The OFFSITE DOSE CALCULATION MANUAL (ODCM) contains the methodology and parameters used in the calculation of offsite doses resulting from radioactive gaseous and liquid effluents, in the calculation of gaseous and liquid effluent monitoring alarm and trip setpoints, and in the conduct of the Radiological Environmental Monitoring Program. The ODCM shall also contain (1) the Radioactive Effluent Controls and Radiological Environmental Monitoring programs required by Sections 6.5.2.4 and 6.5.2.5 and (2) descriptions of the information that should be included in the Annual Radiological Environmental Operating and Annual Radioactive Effluent Release Reports required by Specifications 6.6.2 and 6.6.3.

1-1 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS DEFINITIONS 1.7 PROCESS CONTROL PROGRAM (PCP) l The PROCESS CONTROL PROGRAM contains the methods and determinations which ensure that the processing and packaging of wet solid radioactive wastes will be accomplished in such a way as to assure compliance with 10 CFR Parts 20, 61 and 71, State regulations, burial ground requirements, and other requirements governing the disposal of solid radioactive waste.

1.8 REPORTABLE EVENT l A REPORTABLE EVENT is any of those conditions specified as reportable in Specification 6.8.

1-2 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 2.0 SAFETY LIMITS AND LIMITING SAFETY SYSTEM SETTINGS There are no safety limits or limiting safety system settings applicable to the permanently defueled condition.

2-1 Amendment No. 120

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 3/4 LIMITING CONDITIONS FOR OPERATION AND SURVEILLANCE REQUIREMENTS 3/4.0 APPLICABILITY LIMITING CONDITIONS FOR OPERATION 3.0.1 Compliance with the Limiting Conditions for Operation contained in the succeeding specifications is required during the conditions specified therein; except that upon failure to meet the Limiting Conditions for Operation, the associated ACTION requirements shall be met.

3.0.2 Noncompliance with a specification shall exist when the requirements of the Limiting Condition for Operation and associated ACTION requirements are not met within the specified time intervals. If the Limiting Condition for Operation is restored prior to expiration of the specified time intervals, completion of the ACTION requirements is not required.

3.0.3 Unless otherwise specified, entry into an applicability condition shall not be made unless the conditions of the associated Limiting Condition for Operation are met without reliance on provisions contained in the ACTION statements.

SURVEILLANCE REQUIREMENTS 4.0.1 Unless specified otherwise, Surveillance Requirements shall be applicable during the specified applicable conditions for the associated Limiting Conditions for Operation.

4.0.2 Each Surveillance Requirement shall be performed within the specified surveillance interval with a maximum allowable extension not to exceed 25 percent of the specified surveillance interval.

4.0.3 Unless specified otherwise, performance of a Surveillance Requirement within the specified time interval including the maximum allowable extension shall constitute compliance with associated ACTION statements. l l

4.0.4 Unless specified otherwise, entry into a specified applicable condition shall not be made unless the Surveillance Requirements associated with the Limiting Condition for Operation have been performed within the stated surveillance interval including the maximum allowable extension.

3/4-1 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 3/4.1 SEALED SOURCE CONTAMINATION LIMITING CONDITIONS FOR OPERATION 3.1 Each sealed source containing more than 100 microcuries of beta and/or gamma l emitting material, or more than 5 microcuries of alpha emitting material shall not have removable contamination which equals or exceeds 0.005 microcuries.

APPLICABILITY: At all times.

ACTION: 1. Each sealed source with removable contamination in excess of the above limits shall be IMMEDIATELY withdrawn from use and either decontaminated and repaired, or disposed of in accordance with NRC regulations.

a. A special report shall be submitted to the NRC as indicated by Specification 6.6.4.a. l SURVEILLANCE REQUIREMENTS 4.1 Except for: 1) sealed sources which are stored and not in use, and 2) start up l sources and fission detectors previously subjected to core neutron flux, sealed sources containing radioactive materials in any form other than gas and with a half-life greater than 30 days (excluding 1H3) shall be tested for contamination and/or leakage at least once per six months by the licensee or other person specifically authorized by the NRC or an Agreement State to perform such services.

The test method shall have a detection sensitivity of at least 0.005 microcuries per test sample. The test sample shall be taken from the sealed source or from the surfaces of the device in which the sealed source is permanently mounted or stored, on which one might expect contamination to accumulate. Records of leak test results shall be kept in units of microcuries and maintained for inspection by the NRC.

a. Sealed sources requiring testing by this section, but exempted on the basis of not being in use, shall have been tested within 6 months prior to being transferred or put into use.

3/4-2 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 5.0 DESIGN FEATURES 5.1 SITE 5.1.1 LOCATION AND BOUNDARIES The plant site is located in Charlevoix County, Michigan, about 4 miles northeast of Charlevoix, Michigan, and about 11 miles west of Petoskey, Michigan.

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l 5-1 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.1 RESPONSIBILITY AND AUTHORITY 6.1.1 SENIOR NUCLEAR OFFICER The Senior Nuclear Officer shall be the Senior Vice President - Nuclear, Fossil, and Hydro Operations and shall be responsible for the overall operation, maintenance and decommissioning of the Big Rock Point nuclear power plant.

6.1.2 SITE GENERAL MANAGER The Site General Manager shall be responsible for overall facility operation, maintenance and decommissioning and for periods of absence shall delegate in l writing the succession to this responsibility. Unless otherwise specified, the Site General Manager's delegate has authority to perform all actions and grant approvals assigned by these specifications to the Site General Manager. The Site General Manager may delegate specific tasks to other individuals who may perform those tasks whether the Site General Manager is absent or present at the site.

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6.2 ORGANIZATION l 6.2.1 REPORTING RELATIONSHIPS Onsite organization and corporate reporting relationship shall be established as l described in the Quality Program Description for Nuclear Power Plants Part 1 - Big l Rock Point (CPC-2A). l l

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6.2.2 FACILITY ORGANIZATION l The Site General Manager or his designate shall verify that required security staffing l and Dry Fuel Storage Technical Specification surveillance(s) have been met. l l

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6-1 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.3 STAFF QUALIFICATIONS Each member of the facility management and supervisory staff shall meet the minimum requirements of ANSI N18.1-1971 for comparable positions. The individual responsible for radiation protection functions shall meet the minimum requirements of Regulatory Guide 1.8, September 1975.1 l

l 6.4 REVIEW AND AUDIT l Requirements for onsite and offsite reviews and audits are described in l the Quality Program Description for Nuclear Power Plants Part 1- Big Rock l Point (CPC-2A). l 1

As applied to this specification, "equivalent," as used in Regulatory Guide 1.8 for the bachelor's degree requirement, may be met with four years of any one or combination of the following: (a) formal training in science engineering or (b) operational or technical experience and training in nuclear power.

6-2 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.5 PROCEDURES AND PROGRAMS l 6.5.1 PROCEDURES l 6.5.1.1 Scope l Written procedures shall be established, implemented and maintained for l quality related activities defined in the Big Rock Point Decommissioning Quality List l and shall meet or exceed the requirements described by the Quality Program l Description (CPC-2A). l Written procedures shall also be established, implemented, and maintained covering the following activities:

a. ISFSI Security Plan; l

b. Emergency Plan; l

c. Fire Protection Plan;

d. Quality Program Description (CPC-2A); and

e. Radiation Protection Program. l 6.5.1.2 Review and Approval l Requirements for review and approval of procedures (and revisions thereto) required by this section are described in CPC-2A, Quality Program Description.

6.5.1.3 Temporary Changes l Requirements for making temporary changes to procedures which fall within the scope of this section are described in CPC-2A, Quality Program Description.

6.5.2 PROGRAMS l The following programs shall be established, implemented and maintained in accordance with written procedures meeting the requirements contained in Specification 6.5.1.

6.5.2.1 Radiation Protection Program l Procedures for personnel radiation protection shall be prepared consistent with the requirements of 10 CFR Part 20 and shall be approved, maintained and adhered to for all operations involving personnel radiation exposure.

6-3 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.5.2.1.1 High Radiation Area l 6.5.2.1.1.1 Dose Rates less than or equal to 1000 Millirem per Hour l In lieu of the "control device" or "alarm signal" required by Paragraph 20.1601(a) of 10 CFR Part 20, each high radiation area in which the intensity of radiation is greater than 100 mrem/hr but less than or equal to 1000 mrem/hr at 30 cm (12 inches) from the radiation source or from any surface which the radiation penetrates shall be barricaded and conspicuously posted as a high radiation area and entrance thereto shall be controlled by the use of a Radiation Work Permit (RWP). Radiation protection qualified personnel or personnel continuously escorted by radiation protection qualified personnel may be exempt from working under an RWP during the performance of their assigned radiation protection duties in high radiation areas with exposure rates of less than or equal to 1000 mrem/hr, provided they are otherwise following facility radiation protection procedures for entry into such high radiation areas.

Any individual or group of individuals permitted to enter such areas shall be provided with or accompanied by one or more of the following:

a. A radiation monitoring device which continuously indicates the radiation dose rate in the area, or

b. A radiation monitoring device which continuously integrates the radiation dose rate in the area and alarms when a preset integrated dose is received. Entry into such areas may be made after the dose rate levels in the area have been established and personnel have been made knowledgeable of them, or

c. A radiation protection qualified individual (e.g., Radiation Protection Technician) with a radiation dose rate monitoring device, responsible or providing positive control over the activities within the area.

6.5.2.1.1.2 Dose Rates greater than 1000 Millirem per Hour l In addition to the requirements of 6.5.2.1.1.1, areas accessible to personnel with radiation levels greater than 1000 mrem/hr at 30 cm (12 inches) but less than 500 rad/hr at 1 meter from the radiation source or from any surface which the radiation penetrates shall be provided with locked doors to prevent unauthorized entry, and the keys shall be maintained under administrative controls specified in the facility administrative procedures. Doors shall remain locked except during periods of access by personnel under an approved RWP which shall specify the dose rate levels in the immediate work areas and the maximum allowable stay time for individuals in that area. In lieu of a stay time specification, direct or remote (such as closed circuit TV cameras) continuous surveillance may be made by personnel qualified in radiation 6-4 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS protection procedures to provide positive exposure control over the activities being performed within the area.

For individual high radiation areas accessible to personnel with radiation levels greater than 1000 mrem/hr that are located within large areas where no enclosure exists for purposes of locking, and no enclosure can be reasonably constructed around the individual areas, then that individual area shall be barricaded, conspicuously posted, and a flashing light shall be activated as a warning device.

6.5.2.2 Process Control Program (PCP) l 6.5.2.2.1 Changes to the PCP l Changes to the PCP shall become effective after approval by the Site General Manager.

6.5.2.2.2 Reports l Changes to the PCP shall be submitted to the Commission in the Radioactive Effluent Release Report for the period in which the changes were made effective. This submittal shall contain sufficiently detailed information to support the rationale for each change and a determination that the change did not reduce the overall conformance of the solidified waste product to existing criteria for solid wastes.

6.5.2.3 Offsite Dose Calculation Manual (ODCM) l 6.5.2.3.1 Changes to the ODCM l Changes to the ODCM shall become effective after approval by the Site General Manager.

6.5.2.3.2 Reports l Changes to the ODCM shall be submitted to the Commission in the Radioactive Effluent Release Report for the period in which the changes were made effective. This submittal shall contain sufficiently detailed information to support the rationale for each change and a determination that the change did not reduce the accuracy or reliability of dose calculations or setpoint determinations.

6-5 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.5.2.4 Radioactive Effluent Controls Program l A program, conforming with 10 CFR 50.36a, for the control of radioactive effluents and for maintaining doses from radioactive effluents to members of the public as low as reasonably achievable. The program (1) shall be contained in the ODCM, (2) shall be implemented by facility procedures, and (3) shall include remedial actions to be taken whenever program limits are exceeded. The program shall include the following elements:

a. Limitations on the operability of radioactive liquid and gaseous monitoring instrumentation including surveillance tests and setpoint determination in accordance with the methodology in the ODCM;

b. Limitations conforming to 10 times the concentration values specified in Appendix B, Table 2, Column 2, to 10 CFR 20.1001 - 20.2402 for the radioactive material release in liquid effluents to unrestricted areas.

c. Monitoring, sampling and analysis of radioactive liquid and gaseous effluents in accordance with 10 CFR 20.1302 and with the methodology and parameters in the ODCM;

d. Limitations conforming to Appendix I to 10 CFR Part 50 on the annual and quarterly doses or dose commitment to a member of the public from radioactive materials in liquid effluents released from the facility to unrestricted areas;

e. Determination of cumulative and projected dose contributions from radioactive effluents for the current calendar quarter and current calendar year in accordance with the methodology and parameters in the ODCM at least every 31 days;

f. Limitations on the operability and use of the liquid and gaseous effluent treatment systems to ensure that the appropriate portions of these systems are used to reduce releases of radioactivity when the projected doses in a 31-day period would exceed 2 percent of the guidelines for the annual dose or dose commitment conforming to Appendix I to 10 CFR Part 50.

g. The dose rate due to radioactive materials released in gaseous effluents from the site to areas at or beyond the site boundary shall be limited to the following:

(a) For noble gases: Less than or equal to 500 mrems/yr to the total body and less than or equal to 3000 mrems/yr to the skin, and 6-6 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS (b) For tritium and for all radionuclides in particulate form with half lives greater than 8 days: Less than or equal to 1500 mrems/yr to any organ.

h. Limitations conforming to Appendix I to 10 CFR Part 50 on the annual and quarterly air doses resulting from noble gases released in gaseous effluents from the facility to areas beyond the site boundary; and

i. Limitations conforming to 40 CFR Part 190 on the annual dose or dose commitment to any member of the public due to releases of radioactivity and to radiation from uranium fuel cycle sources.

j. The dose to a member of the public from tritium and all radionuclides in particulate form with half lives greater than 8 days in gaseous effluents released to areas at or beyond the site boundary shall be limited to the following:

(a) During any calendar quarter: Less than or equal to 7.5 mrems to l any organ, and (b) During any calendar year: Less than or equal to 15 mrems to any l organ.

6.5.2.5 Radiological Environmental Monitoring Program l A program shall be provided to monitor the radiation and radionuclides in the environs of the facility. The program shall provide (1) representative measurements of radioactivity in the highest potential exposure pathways, and (2) verification of the accuracy of the effluent monitoring program and modeling of environmental exposure pathways. The program shall (1) be contained in the ODCM, (2) conform to the guidance of Appendix I to 10 CFR Part 50, and (3) include the following:

a. Monitoring, sampling, analysis, and reporting of radiation and radionuclides in the environment in accordance with the methodology and parameters in the ODCM;

b. A Land Use Census to ensure that changes in the use of areas at and beyond the site boundary are identified and that modifications to the monitoring program are made if required by the results of this census, or alternatively, that critical receptors are assumed to exist at the site boundary or offsite location of highest dose consequence; and 6-7 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS

c. Participation in a Interlaboratory Comparison Program to ensure that independent checks on the precision and accuracy of the measurements of radioactive materials in environmental sample matrices are performed as part of the quality assurance program for environmental monitoring. l l

l 6.6 REPORTING REQUIREMENTS l The reports identified in this section shall be submitted in accordance with 10 CFR 50.4.

6.6.1 ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORT l An annual report of radiation exposures received during the previous calendar year shall be submitted prior to March 1 of each year. This report shall tabulate the numbers of facility, utility and other personnel (including contractors) receiving exposures greater than 100 millirem during the year, along with their associated dose according to work and job functions, for example, operations and surveillance, routine maintenance, special maintenance (identify), and waste processing. The dose assignments to various duty functions may be estimated based on pocket dosimeter, TLD or film badge measurements. Small exposures totaling less than 20 percent of the individual total dose need not be accounted for. In the aggregate, at least 80 percent of the total whole body dose received from external sources should be assigned to specific major work functions.

6.6.2 ANNUAL RADIOLOGICAL ENVIRONMENTAL OPERATING REPORT l An annual radiological environmental operating report covering operation of the facility during the previous calendar year shall be submitted prior to May 1 of each year. The report shall include summaries, interpretations, and statistical evaluation of the results of the Radiological Environmental Monitoring Program for the reporting period. The material provided shall be consistent with the objectives outlined in the ODCM and Sections IV.B.2, IV.B.3 and IV.C of Appendix I to 10 CFR 50.

6-8 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 6.0 ADMINISTRATIVE CONTROLS 6.6.3 ANNUAL RADIOACTIVE EFFLUENT RELEASE REPORT l An annual radioactive effluent release report covering operation of the facility during the previous calendar year shall be submitted prior to May 1 of each year. The report shall include a summary of the quantities of radioactive liquid and gaseous effluents and solid waste released from the facility. The material provided shall be consistent with the objectives outlined in the ODCM and the PROCESS CONTROL PROGRAM, and shall comply with the requirements of 10 CFR 50.36a and Section IV.B.1 of Appendix I to 10 CFR Part 50.

6.6.4 SPECIAL REPORTS l The following special report shall be submitted to the NRC as indicated. l l

l

a. If the sealed source contamination limits of Specification 3.1 are l exceeded, a special report shall be submitted to the NRC within 30 days of identification of the existence of the excessive contamination. The report shall describe the equipment involved, the test results and corrective actions taken. l l

l 6.7 RECORDS l Record retention requirements are described in the Quality Program Description for Nuclear Power Plants Part 1- Big Rock Point (CPC-2A). l l

l 6.8 REPORTABLE EVENTS l A reportable event is any event or condition that must be reported to the NRC in accordance with 10 CFR 50.72, 10 CFR 50.73, 10 CFR 50.9(b), or 10 CFR 72.75. l 6-9 Amendment No. 125

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS BASES FOR LIMITING CONDITIONS FOR OPERATION AND SURVEILLANCE REQUIREMENTS FOR THE BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS NOTE The bases contained in this section summarize the reasons for the Specifications in Section 3/4, but in accordance with 10 CFR 50.36, are not part of these Technical Specifications.

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 3/4.0 APPLICABILITY BASES 3.0.1 This specification defines specifically when the other specifications in Section 3/4 are applicable.

3.0.2 This specification defines those conditions which must be met in order to comply with the terms of a Limiting Condition of Operation and its associated ACTION requirement.

3.0.3 This specification provides that entry into a specified Applicability condition may be made only when all other parameters as specified in the Limiting Conditions for Operation are met without regard to allowable deviations and out of service provisions contained in the Action statements.

The intent of this provision is to ensure that activities are not initiated with required equipment specified limits being exceeded.

4.0.1 This specification establishes that, unless otherwise specified, surveillances must be performed during the specified applicable conditions for which the requirements of the Limiting Conditions for Operation apply. The purpose of this specification is to ensure that surveillances are performed to verify the operational status of systems and components and that parameters are within specified limits to ensure safe operation of the facility when the plant is in a specified Applicability condition. The specification also establishes that surveillance requirements do not need to be performed when the facility is in a condition for which the requirements of the associated Limiting Conditions for Operation do not apply.

4.0.2 This specification establishes how long the specified time interval for a surveillance requirements may be extended. The intent of providing this allowance is to facilitate surveillance scheduling to account for conditions that may not be suitable for conducting the surveillance. It is not intended that this provision be used repeatedly as a convenience to extend the surveillance intervals beyond those specified.

The allowable extension provided by Specification 4.0.2 is based on engineering judgment and the recognition that the most probable result of any particular surveillance is conformance with the surveillance requirement.

These provisions are sufficient to ensure that the reliability demonstrated through surveillance activities is not significantly degraded as a result of an extended interval.

B3/4- 1

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 3/4.0 APPLICABILITY BASES (continued) 4.0.3 This specification ensures that the surveillance activities associated with a Limiting Condition for Operation have been performed within the specified time interval, including the maximum allowable extension, prior to entry into specified applicability conditions. The intent of this provision is to ensure that surveillance activities have been satisfactorily demonstrated.

B3/4- 2

BIG ROCK POINT DEFUELED TECHNICAL SPECIFICATIONS 3/4.1 SEALED SOURCE CONTAMINATION BASES 3.1 The limitation on removable contamination for sources requiring leak testing meets the limits of 10 CFR 70.39 for sources containing plutonium. The limitation provides assurance that leakage from sealed sources covered by the specification will not exceed allowable intake values.

The ACTION ensures that sources exhibiting leakage are controlled in accordance with NRC regulations.

4.1 For purposes of testing, the specification categorizes sealed sources into two groups (in use, or stored and not in use), with surveillance requirements commensurate with the probability of damage to a source in that group.

B3/4- 3

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS RELATED TO AMENDMENT NO. 125 TO FACILITY OPERATING LICENSE NO. DPR-6 CONSUMERS ENERGY COMPANY BIG ROCK POINT NUCLEAR PLANT DOCKET NO. 50-155

1.0 INTRODUCTION

By applications dated November 20, 2002, and August 6, 2003, as supplemented by letters dated December 1, 2003, and February 20, 2004, Consumers Energy Company (the licensee) requested an amendment to its License and to the Defueled Technical Specifications for the Big Rock Point Plant (BRP). The proposed changes would remove reactor operational and administrative requirements that are no longer applicable due to the transfer of all spent fuel from the spent fuel pool into dry cask storage at the Independent Spent Fuel Storage Installation (ISFSI).

2.0 BACKGROUND

BRP permanently shut down on August 30, 1997. The licensee submitted certification of permanent cessation of operations on June 26, 1997, and certification of permanent fuel removal on September 23, 1997. On March 26, 2003, the licensee completed transfer of all spent fuel from the plant's spent fuel pool into the BRP dry cask storage ISFSI. The spent fuel dry cask storage system is NRC approved and licensed and will be used to temporarily store the spent fuel at BRP until such time that a permanent repository is available. As a consequence of the spent fuel transfer to an ISFSI, the requirements associated with the wet storage of the spent fuel, as described in the BRP Defueled Technical Specifications, are no longer applicable and are being revised.

Section 182a of the Atomic Energy Act requires applicants for nuclear power plant operating licenses to include technical specifications (TS) as part of the license. The Commissions regulatory requirements related to the content of TS are set forth in 10 CFR 50.36. That regulation requires that the TS include items in five specific categories: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCO);

(3) surveillance requirements; (4) design features; and (5) administrative controls. The regulation, however, does not specify particular items to be included in TS.

Section 50.36(c)(2) provides four criteria to be used in determining whether particular items are required to be included in the TS. While the four criteria apply specifically to LCOs, in adopting the revision to the rule, the Commission indicated that the intent of these criteria can be used to identify the optimum set of TS administrative controls.

Addressing administrative controls, 10 CFR 50.36(c)(5) states that they "are the provisions relating to organization and management, procedures, record keeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner." The particular administrative controls to be included in the TS, therefore, are the provisions that the Commission deems essential for the safe operation of the facility that are not already covered by other regulations. Furthermore, 10 CFR 50.36(c)(6) states that decommissioning nuclear power plant technical specifications, including administrative controls, be developed on a case-by-case basis.

Accordingly, the staff has determined that administrative control requirements that are not specifically required under 10 CFR 50.36(c)(5), and that are not otherwise necessary to obviate the possibility of abnormal situation or event giving rise to an immediate threat to the public health and safety, may be relocated to more appropriate documents (e.g., Quality Assurance (QA) Program, Security Plan, or Emergency Plan), which are subject to regulatory controls.

There are some instances in this amendment request where the licensee has referenced NRC Administrative Letter (AL) 95-06, "Relocation of Technical Specification Administrative Controls Related to Quality Assurance," as justification for proposed changes. This letter provides guidance to licensees requesting amendments that relocate administrative controls to NRC-approved QA program descriptions. In a letter from the NRC to the licensee dated October 28, 2003, the staff reviewed and approved changes to the BRP Quality Program Description that conforms to the proposed BRP Defueled Technical Specification amendment in areas related to the administrative and organizational relationships, quality levels, training requirements and similar administrative controls.

The staff notes that most, but not all the changes submitted in the licensees November 20, 2002, amendment request have been captured or superceded by the August 6, 2003 submittal, as supplemented by the December 1, 2003 submittal. The remaining applicable changes from the November 20, 2002 submittal, are minor and editorial in nature. Editorial changes (such as misspellings, renumbering, and typographical errors) proposed by the licensee have been reviewed for accuracy and propriety but are generally not been explicitly addressed in the following evaluation. However, these editorial changes have been captured in the revised technical specification insert pages in this amendment approval package.

The staff also notes that the licensees supplemental letters dated December 1, 2003, and February 20, 2004, provided clarifying information that did not affect the scope of the previously proposed no significant hazards consideration determinations (68 FR 2800, published January 21, 2003, and 68 FR 66133, published November 25, 2003).

3.0 EVALUATION Based on the licensees transfer of all the spent nuclear fuel from the spent fuel pool into a generally licensed ISFSI, certain requirements in the BRP license and Defueled Technical Specifications (DTS) are inapplicable or no longer appropriate. The licensee has proposed

changes to the license and DTS to reflect this change in status of spent fuel storage. Each of the proposed changes is evaluated below.

3.1 License Changes (a) License Condition 2.C.(3) Physical Protection Currently, License Condition 2.C.(3), reads:

The licensee shall fully implement and maintain in effect all provisions of the physical security, guard training and qualification, and safeguards contingency plans approved by the Commission and all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p), as modified by NRC-approved exemptions. The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Big Rock Point Plant Defueled Security Plan," with revisions submitted through January 16, 2002; "Big Rock Point Defueled Suitability Training and Qualification Plan," with revisions submitted through March 12, 2002; "Big Rock Point Plant Defueled Safeguards Contingency Plan," with revisions submitted through January 14, 2002; and "Big Rock Point ISFSI Security Plan" as submitted on July 31, 2001, and modified by letter dated March 6, 2002. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.

The licensee states that based on the transfer of all the spent nuclear fuel from the spent fuel pool into a dry cask storage ISFSI, only the Big Rock Point ISFSI Security Plan is now applicable. In a letter from the licensee dated January 27, 2003, the staff was informed that after spent fuel was removed from the spent fuel pool and transferred to the ISFSI, the protected area under 10 CFR Part 50 would only contain byproduct material licensed under 10 CFR Part 30. Since 10 CFR Part 73 is not applicable to byproduct material, the existing reactor related Part 50 site would no longer be maintained as a protected area and only ISFSI would remain as a protected area. Accordingly, the Big Rock Point Security Plan, the Big Rock Point Defueled Suitability Training and Qualification Plan, and the Big Rock Point Defueled Safeguards Contingency Plan are no longer applicable. The licensee has proposed to revise License Condition 2.C.(3), to read:

The licensee shall fully implement and maintain in effect all provisions of the physical security, guard training and qualification, and safeguards contingency plans approved by the Commission and all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p), as modified by NRC-approved exemptions. The plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Big Rock Point ISFSI Security Plan." Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.

The applicability and approval of the ISFSI Security Plan is documented in an NRC letter to the licensee dated July 18, 2002. The July 18, 2002, letter recognized the applicability of the existing security plans for the wet storage of spent fuel that were existent at that time.

However, the revision included an applicability statement for the wet storage plans which, in effect, stated the wet storage plans would no longer be applicable once all spent fuel was

transferred to the dry storage ISFSI. The licensee also notes that it is currently under NRC Security Order for spent nuclear fuel and special nuclear material located in an ISFSI facility dated October 16, 2002.

Based on the above discussion, the staff finds that the proposed change to the Physical Protection License Condition appropriately reflects the currently approved status for Big Rock Point and that the proposed license change is acceptable. The staff notes that the licensee has recommended that the version date from the Big Rock Point ISFSI Security Plan be removed to alleviate the need to process administrative license amendments for future revisions of the plan under 10 CFR 50.54(p). The staff does not agree with removal of the date of the material approved by the NRC. This information is important to assist the staff in any future inspections in determining the applicable starting point of material last reviewed by the NRC. The staff intends to modify the above license paragraph related to the ISFSI Security Plan to read

... The plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled:

"Big Rock Point ISFSI Security Plan," as submitted on July 31, 2001, and modified by letter dated March 6, 2002.... This editorial change was discussed with BRP representative (L. Castiglione) on February 23, 2004, without objection.

(b) License Condition 2.D Currently, License Condition 2.D, reads: This amended license is effective as of the date of issuance and shall expire at midnight, May 31, 2000. This license condition originally was written for the issuance of the operating license which only authorized operation of the facility for a given period of time. However, the licensee submitted certification of permanent cessation of operations on June 26, 1997, and certification of permanent fuel removal on September 23, 1997, and has not been authorized to operate since these certifications were submitted.

Pursuant to 10 CFR 50.51(b), Each license for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. The proposed revision to the license condition deletes the expiration date verbiage in its entirety and replaces it with the following standard NRC issued boilerplate language associated with most routine license amendments. Specifically, the new License Condition 2.D would read: The license amendment is effective as of its date of issuance and shall be implemented within 45 days from the date of issuance. The staff finds the proposed change to the license condition appropriate considering the permanently shutdown condition of the facility, and therefore, acceptable.

3.2 Technical Specification Changes (a) Section 1.0, Definitions, The BRP DTS currently contains the definitions for the terms Containment Closure, Direct Path, and Fuel Handling. The licensee has proposed to delete all these definitions as unnecessary.

Based on the transfer of all spent nuclear fuel from the spent fuel pool into the ISFSI, there are no longer any Limiting Conditions for Operation (LCOs) or Administrative requirements referencing these definitions. Accordingly, the licensee believes that these definitions are inapplicable and it is appropriate to remove them from the BRP Defueled Technical Specifications (DTS). The staff agrees that based on the removal of the associated LCOs and

administrative requirements approved elsewhere in this amendment, the above definitions no longer have application to the Big Rock Point DTS. Therefore, the staff finds the deletion of these definitions acceptable.

The licensee has proposed to delete the term Operability because it is only applicable in context of the regulatory definition of safety-related structures, systems, and components (SSCs).

Since all spent fuel has been transferred into a dry storage ISFSI, there are no longer any safety-related SSCs at Big Rock Point. Therefore, Operability is no longer meaningful in the DTS. The staff agrees that there are no longer any safety-related SSCs onsite and the deletion of the Operability definition is acceptable.

The licensee has proposed to modify the term Channel Functional Test to remove reference to the term Operability. The licensee is making this change consistent with the deletion of the definition of Operability as discussed above. The staff finds that the proposed change to the definition of Channel Functional Test is acceptable considering that the technical specification will no longer define the term Operability.

The licensee has proposed to delete the term Shift from the DTS. The licensee states that this change is a result of the movement of all fuel into the dry cask storage ISFSI. Specifically, there are no longer any surveillances in the DTS that require performance on a shift interval frequency. In addition, the shift staff basis for manning the Monitoring Station is no longer relevant (see discussion on Monitoring Station). Consequently, there are no actions that reference the word Shift remaining in the DTS. The staff agrees that there is no longer any shift-related DTS surveillances. Furthermore, the staff finds that there is no basis for a shift-level staffing specification in the DTS. Therefore, the staff considers the proposed deletion of Shift from the DTS to be acceptable.

The licensee has proposed to delete the Certified Fuel Handler term from the DTS. The licensee states that with all spent fuel transferred into the dry cask storage ISFSI, there will no longer be any handling of individual spent fuel assemblies. Consequently, there is no need for technical specifications addressing Certified Fuel Handler related activities. The staff agrees that a Certified Fuel Handler is no longer necessary once all fuel is transferred out of the spent fuel pool and into an ISFSI. Therefore, the proposed deletion of the Certified Fuel Handler definition from the DTS is acceptable.

The licensee has proposed to delete the term Monitoring Station. The licensee states that monitoring, alarming, and data collection of selected operational parameters related to the reactor site are no longer relevant based on the transfer to all spent fuel into the dry cask storage ISFSI. There are no remote actions, controls, or data logging that require a Monitoring Station at Big Rock Point. The licensee also states that the monitoring of all licensed material is now coordinated at the ISFSI central alarm station. Radiation alarms are monitored locally for effluent releases. No releases are performed when direct operations monitoring is unavailable. Fire, medical, and emergencies continue to be coordinated from the BRP emergency support center located in the lower level of the ISFSI administrative building which includes the central alarm station. Communications (phone and radio) between Operations personnel is outlined in the Site Emergency Plan. The staff agrees that a separate monitoring station for reactor decommissioning activities is no longer necessary based on transfer of all the spent fuel into the ISFSI. The staff finds the ISFSI central alarm station to be acceptable

substitute for the previously defined DTS Monitoring Station. Since there are no longer any DTS actions that require use of Monitoring Station, deletion of the definition from the DTS is acceptable.

The licensee has proposed to modify the definition of Surveillance Requirements (DTS 4.0.3) to remove reference to the term Operability. The licensee is making this change consistent with the deletion of the definition of Operability as discussed above. The staff finds that the proposed change to the definition of Surveillance Requirements is acceptable considering that the technical specification will no longer define the term Operability.

(b) Section 3/4.1, Fuel Storage The licensee has proposed to delete the technical specification LCOs and surveillances related to storage and monitoring of spent fuel when it was stored in the spent fuel pool. These LCOs and surveillances apply to spent fuel pool parameters, spent fuel pool support system requirements, and general fuel storage requirements. Since all spent fuel has been removed from the spent fuel pool and transferred into the dry cask storage ISFSI, the licensee states that the requirements of DTS 3/4.1 are no longer applicable. The staff agrees that technical specifications for storage of the spent fuel in the spent fuel pool are no longer relevant to the conditions at BRP and that the applicable requirements for storage of spent fuel are controlled under the ISFSI dry cask storage systems technical specification pursuant to 10 CFR Part 72.

Therefore, the proposed deletion of the fuel storage LCOs and surveillance requirements from the DTS is acceptable.

(c) Section 3/4.2, Fuel Handling The licensee has proposed to delete the fuel handling support system requirements for the spent fuel pool and fuel handling general requirements LCOs and surveillances related to handling of spent fuel in the spent fuel pool. Since all spent fuel has been removed from the spent fuel pool and transferred into the dry cask storage ISFSI, the licensee states that the requirements of DTS 3/4.2 related to fuel handling in the spent fuel pool are no longer applicable. The staff agrees that technical specifications for handling of the spent fuel in the spent fuel pool are no longer relevant to the conditions at BRP and that the applicable fuel handling requirements of spent fuel are controlled under the ISFSI dry cask storage systems technical specification pursuant to 10 CFR Part 72. Therefore, the proposed deletion of the fuel handling LCOs and surveillance requirements from the DTS is acceptable.

(d) Section 5.2, Storage and Inspection of Spent Fuel Section 5.2 of the Big Rock Point DTS contains the design features that apply to criticality, cooling, and capacity of the spent fuel pool when used for spent fuel storage. The licensee has proposed to delete these design feature descriptions since they are only applicable when spent fuel is stored in the spent fuel pool. The staff agrees that since all spent fuel has been transferred into the dry cask storage ISFSI at BRP, the DTS spent fuel storage and inspection features are no longer applicable. Therefore, the proposal to delete these DTS design features is acceptable.

(e) Section 5.3, Reactor Section 5.3 of the Big Rock Point DTS contains information on the reactor status. The licensee has proposed to delete this information as extraneous and no longer needed in the technical specifications. Based on the current status of the plant, its certification of decommissioning, and the fact that the primary system (including the reactor vessel) has been removed and sent to disposal, the staff finds the deletion of this information acceptable.

(f) Section 6.1.3, Shift Supervisor The licensee has proposed to delete the requirement that a shift supervisor shall be present on each shift and that the position be filled by a certified fuel handler. The licensee states that based on the transfer of the spent fuel into a dry cask storage ISFSI, there is no longer any regulatory need for a certified fuel handler. Furthermore, there are no longer any reactor related technical specification actions or surveillances that require operations supervision on a shift basis. The licensee states that in the absence of a shift supervisor, the Site General Manager or his designee performs the normal command and control function on site at any given time. Delegation of the command and control function is defined in the Emergency and Security Plans. Currently, the Emergency Plan requires a Site Emergency Director on-shift plus staffing required by the security plan. The licensee does note that it has requested changes to the Emergency Plan that could allow the Emergency Manager to be on-call and not onsite at all times. The staff agrees that there is no longer any need for a shift supervisor to be a technical specification required position at the decommissioning site. With the transfer of spent fuel to a dry cask storage ISFSI, there is no regulatory basis for shift staffing. The Site General Manager should be given the flexibility to determine appropriate shift staffing as long as security, emergency planning, and dry cask storage requirements can be met. Therefore, the staff find the proposed deletion of the shift supervisor position from the DTS acceptable.

(g) Section 6.2.1, Reporting Relationships This technical specification currently provides a general discussion of the corporate and onsite organizations established for corporate management and facility operations. The licensee proposes to delete most of the description in this section as no longer necessary since this information is redundant to an equivalent description of the corporate and onsite organizations in the Big Rock Point Quality Program Description. The licensee proposes to reference the Quality Program Description for Nuclear Power Plants, Part 1 - Big Rock Point (CPC-2A) as the source of this information in its proposed changes to this DTS section. The nature of the proposed deletion of the description of the corporate and onsite organizations and reference to the BRP Quality Program is effectively a relocation of this information. This is consistent with those administrative requirements addressed by Administrative Letter (AL) 95-06. Therefore, the proposed DTS change to reference the BRP Quality Program for Reporting Relationships for the corporate and onsite organizations is appropriate and acceptable.

(h) Section 6.2.2, Facility Organization The facility organization technical specification currently has detailed requirements on shift composition, staffing levels, and locations. The licensee states that these requirements were only applicable when fuel was stored in the spent fuel pool. The staff agrees that based on the transfer of all the spent fuel to the ISFSI, there is no regulatory basis for shift staffing. The

licensee should be given the flexibility to determine appropriate shift staffing. The licensee states that the Big Rock Point Final Safety Hazards Summary Report will be modified to reflect this information in conformance with this change to the DTS. The revised words will state:

...The Big Rock Point Site General Manager is responsible to the SNO for operation, maintenance, and decommissioning of the nuclear power plant in such a manner as to achieve compliance with plant licenses and applicable regulations. The Site General Manager verifies that Dry Fuel Storage Technical Specification surveillances have been met. These responsibilities and associated authority are delegated in writing. The Site General Manager administers the Quality Program for the plant. The Site General Manager, or his designate, shall verify that required security and emergency plan staffing has been met. Furthermore, the licensee has proposed to add the following words to DTS section 6.2.2. The Site General Manager or his designate shall verify that required security staffing and Dry Fuel Storage Technical Specification surveillance have been met. The staff finds the proposed changes to the DTS facility organization section and the BRP Final Safety Hazards Summary Report appropriate and acceptable based on the current decommissioning status of the plant.

(i) Section 6.4, Training DTS 6.4, Training, currently specifies that the training program for the certified fuel handlers comply with a program that meets ANSI N18.1-1971, Section 5.5 requirements. The licensee has proposed to delete these requirements. With the transfer of all the spent fuel to the dry cask storage ISFSI, there is no longer a need for certified fuel handlers or for associated training requirements as discussed previously in the safety evaluation report. Therefore, the proposed deletion of DTS 6.4 is acceptable.

(j) Section 6.6, Procedures and Programs The licensee has proposed a number of changes under this technical specification. Each change is evaluated separately below.

1. The licensee has proposed to revise the scope of the procedures and program section of the DTS to remove references to safety related structures, systems, and components (SSCs). The licensee states that since spent fuel has been transferred to a dry cask storage ISFSI, there are no longer any SSCs or anything else safety related onsite. This section has also been revised to remove reference to quality categories Important to Safe Storage of Spent Fuel and Important to Monitoring and Control of Radiological Hazards. These designations are no longer contained in the BRP Quality Program Description and can be deleted from the technical specifications. In lieu of safety-related, the licensee has proposed to change the scope of this technical specification to require written procedures for all quality related activities as defined in the BRP Quality List and Quality Program. The staff agrees that there are no longer any safety related SSCs at BRP and that changing the scope for written procedures to address quality related activities appear to be reasonable considering the current decommissioning status of the plant. Therefore, the proposed change to this DTS is acceptable.

2. The licensee has proposed to change the Defueled Security Plan to the ISFSI Security Plan consistent with the actual name of the applicable security plan

since all spent fuel was transferred into the BRP ISFSI. The staff agrees with the licensees basis for this change and finds it to be acceptable.

3. The licensee has changed the name of the Defueled Emergency Plan to simply Emergency Plan to reflect the actual name of the plan. The staff finds this change to be acceptable.

4. The licensee has proposed to add the Radiation Protection Program to be within the scope of this DTS to eliminate cross-references to radiation protection program requirements elsewhere in the technical specifications. The staff finds this change to be acceptable.

5. The licensee has proposed to delete separate reference to the Fire Protection Program under current DTS section 6.6.2.7 since it is already specifically covered within the scope of the DTS procedures and programs and is addressed by regulation under 10 CFR 50.48(f). The staff agrees that section 6.6.2.7 of the DTS, Fire Protection Program is redundant and its deletion is acceptable.

6. The licensee has proposed to delete the Cold Weather Protection Program under current DTS section 6.6.2.8. This program provides administrative controls to protect the facility against cold temperatures which could impact safe storage of irradiated fuel or result in unplanned or unmonitored radioactive material release. The licensee states that this section may be deleted as all spent fuel has been permanently removed from wet storage in the spent fuel pool and placed into dry storage on an ISFSI. The liquid radioactive waste system has been removed. Any releases of liquid Radwaste shall be released in accordance with the offsite dose calculation manual methods, and no plant system remains for this function. The staff agrees that the cold weather protection program is no longer needed at the site based on the transfer of spent fuel into an ISFSI and the current decommissioning status of the site. Therefore, deleting DTS section 6.6.2.8 is acceptable.

7. The licensee has proposed to delete the Spent Fuel Pool Water Chemistry Program under current DTS section 6.6.2.9 since the spent fuel has been transferred to an ISFSI and there is no longer any need for such a program. The staff agrees that the spent fuel pool water chemistry program is no longer relevant and that deleting DTS section 6.6.2.9 is acceptable.

8. The licensee has proposed to delete the Inservice Inspection and Testing Program under current DTS section 6.6.2.10 since there are no longer any ASME Class 1, 2, or 3 SSCs remaining on site. The staff agrees that application of the ASME Inservice Inspection and Testing Program is no longer relevant with the transfer of all spent fuel to the ISFSI and the elimination of all ASME Class components. Therefore, the deletion of DTS section 6.6.2.10 is acceptable.

(k) Section 6.7, Special Reports This section of the DTS requires the submittal of certain special reports to the NRC in accordance with the conditions of the specification. The licensee has proposed to delete the

special reports for spent fuel pool water quality and ASME inservice inspections. The reports states that these reports are no longer applicable based on transfer of the spent fuel into the ISFSI. The staff agrees that conditions and circumstances for these reports are no longer relevant to the status of BRP and that deletion of these reporting requirements from the DTS special reports section is acceptable. The staff notes that the licensee also plans to renumber this section as DTS section 6.4 which is an acceptable editorial change.

(l) Section 6.9, Reportable Events The licensee has proposed to reference the reporting requirements in 10 CFR 72.75 to ensure that events or conditions relating to the storage of spent fuel in its dry cask storage ISFSI are reported. This addition of this reference is consistent with the regulations, editorial in nature, and at the licensees discretion. The staff finds this addition to the DTS reportable events section to be acceptable. The staff notes that the licensee also plans to renumber this section as DTS section 6.8 which is an acceptable editorial change.

(m) Bases for Limiting Conditions of Operation and Surveillance Requirements The licensee has proposed to delete the Bases for the LCO and Surveillance requirements in the Technical Specifications conforming to those changes proposed for the actual technical specifications. The Bases summarize the reasons for the specifications in sections 3/4. In accordance with the staffs evaluations concerning the modifications and deletions to DTS sections 3/4, as discussed above, the proposed conforming changes to delete the Bases are 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 comment.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment involves changes to the BRP license and Defueled Technical Specifications based on the transfer of all spent fuel into a dry cask storage ISFSI and to reflect the current decommissioning status of the site. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding (68 FR 2800, published January 21, 2003, and 68 FR 66133, published November 25, 2003). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 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 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: W. C. Huffman Date: March 19, 2004