ML041810077

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Amendment Nos. 222 & 204, Consist of Changes to Technical Specifications
ML041810077
Person / Time
Site: McGuire, Mcguire  Duke Energy icon.png
Issue date: 06/21/2004
From: James Shea
NRC/NRR/DLPM/LPD2
To: Gordon Peterson
Duke Energy Corp
SHea J, 415-1388, NRR/DLPM
Shared Package
ML041810112 List:
References
TAC MC0005, TAC MC0006
Download: ML041810077 (11)


Text

June 21, 2004 G. R. Peterson, Vice President McGuire Nuclear Station Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078

SUBJECT:

McGUIRE NUCLEAR STATION, UNITS 1AND 2 RE: ISSUANCE OF AMENDMENTS (TAC NOS. MC0005 AND MC0006)

Dear Mr. Peterson:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 222 to Renewed Facility Operating License NPF-9 and Amendment No. 204 to Renewed Facility Operating License NPF-17 for the McGuire Nuclear Station, Units 1 and 2. The amendments consist of changes to the Technical Specifications in response to your application dated June 25, 2003.

The amendments are administrative in nature and incorporate several editorial changes.

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

Sincerely,

/RA/

James J. Shea, 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. 222 to NPF-9
2. Amendment No. 204 to NPF-17
3. Safety Evaluation cc w/encls: See next page

ML041810077 NRR-058 OFFICE PDII-1/PM PDII-1/LA OGC PDII-1/SC NAME JShea CHawes HMcGurren LOlshan for JNakoski DATE 4/19/04 4/16/04 4/19/04 4/21/04

DUKE ENERGY CORPORATION DOCKET NO. 50-369 MCGUIRE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 222 Renewed 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),

Renewed Facility Operating License No. NPF-9 filed by the Duke Energy Corporation (licensee) dated June 25, 2003, 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 Renewed 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. 222, 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 Leonard Olshan for/

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: June 21, 2004

DUKE ENERGY CORPORATION DOCKET NO. 50-370 MCGUIRE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 204 Renewed 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 June 25, 2003, 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 Renewed 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. 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 Leonard Olshan for/

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: June 21, 2004

ATTACHMENT TO LICENSE AMENDMENT NO. 222 FACILITY OPERATING LICENSE NO. NPF-9 DOCKET NO. 50-369 AND LICENSE AMENDMENT NO. 204 RENEWED 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 3.3.1-15 3.3.1-15

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 222 TO RENEWED FACILITY OPERATING LICENSE NPF-9 AND AMENDMENT NO. 204 TO RENEWED 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 June 25, 2003, 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 correct two inadvertent editorial changes made by Duke during the submittal of TS Amendment 194/175 which revised TS 3.3.1 (Reactor Trip System Instrumentation) and TS Amendment 197/178 which revised TS 4.2.1 (Design Features, Fuel Assemblies).

2.0 REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended (the Act) requires applicants for nuclear power plant operating licenses to include TSs as a part of the license. The TSs ensure the operational capability of structures, systems and components that are required to protect the health and safety of the public. The Nuclear Regulatory Commissions (NRC or the Commission) regulatory requirements that are related to the content of the TSs are contained in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36. Section 50.36 of 10 CFR requires that the TSs include items in the following specific categories: (1) safety limits, limiting safety system settings, and limiting control settings (50.36(c)(1)); (2) limiting conditions for operation (LCOs) (50.36(c)(2)); (3) surveillance requirements (SRs) (50.36(c)(3)); (4) design features (50.36(c)(4)); and (5) administrative controls (50.36(c)(5)).

Pursuant to 10 CFR 50.90, a licensee may apply for an amendment to its license, including the TSs incorporated into the license. In determining the acceptability of the proposed changes, the NRC staff interprets the requirements of the current version of 10 CFR 50.36. Within this general framework, licensees may revise their current TSs provided that a plant-specific review supports a finding of continued adequate safety because: (1) the change is editorial, administrative, or produces clarification (i.e., no requirements are materially altered); (2) the change is more restrictive than the licensees current requirement; or (3) the change is less restrictive than the licensees current requirement, but continues to afford adequate assurance of safety when judged against current regulatory standards.

3.0 TECHNICAL EVALUATION

The NRC staff has reviewed the licensees regulatory and technical analyses in support of its proposed license amendment. The evaluation below will support the conclusion 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 amendments will not be inimical to the common defense and security or to the health and safety of the public.

3.1 TS 3.3.1 The licensees proposed TS change will replace the reactor coolant low flow values in Table 3.3.1-1 with values approved by TS Amendment 191/172 but were inadvertently revised by TS Amendment 194/175. The licensee submitted a license amendment request (LAR) on June 24, 1999, and supplemented it on November 24, 1999, to reduce the reactor coolant low flow trip setpoints and allowable values listed in Table 3.3.1-1 on page 3.3.1-15 from 91 percent to 88 percent and 90 percent to 87 percent, respectively, to preclude spurious reactor trips. On March 2, 2000, the NRC approved this LAR and it became TS Amendment 191/172.

Then, on January 6, 2000, and supplemented on July 20, 2000, the licensee submitted a LAR to remove the inequalities associated with various instrumentation trip setpoints. This LAR affected the reactor coolant low flow values listed in TS Table 3.3.1-1 on page 3.3.1-15. When these proposed changes were submitted, they did not incorporate the pending changes to Table 3.3.1-1 described above. The licensee failed to supplement this submittal with an updated TS page 3.3.1-15 upon issuance of TS Amendment 191/172. Therefore, when the LAR associated with the removal of inequalities was approved by the NRC on September 18, 2000, under TS Amendment 194/175, the reactor coolant low flow values listed in Table 3.3.1-1 were inadvertently changed back to the higher values. The proposed change is editorial, correcting a typographical omission that was previously evaluated and approved. Therefore, the proposed change to TS Table 3.3.1-1 is acceptable.

3.2 TS 4.2.1 The licensees proposed TS change will replace ZIRLO as an acceptable fuel rod cladding material in TS 4.2.1, which was added and approved under TS Amendment 188/169 but was inadvertently removed by TS Amendment 197/178. The licensee submitted a LAR on July 22, 1998, and supplemented it on October 22, 1998, to permit the use of Westinghouse Robust Fuel Assemblies at McGuire and Catawba. This LAR included a change to TS 4.2.1, Fuel Assemblies, to include ZIRLO as an acceptable fuel cladding material on TS page 4.0-1. On September 22, 1999, the NRC approved this LAR and it became TS Amendment 188/169.

Then, on April 5, 1999, and supplemented on August 1, 2000, the licensee submitted a LAR related to spent fuel storage. This LAR included a change to TS 4.3.1, Criticality, also on page 4.0-1, that added a new keff value. When the proposed change to TS 4.3.1 was submitted, it did not incorporate the pending changes to TS 4.2.1 described above. The licensee failed to supplement this submittal with an updated page 4.0-1 upon the issuance of TS Amendment 188/169. Therefore, when the spent fuel storage LAR was approved by the NRC on November 27, 2000, under TS Amendment 197/178, the reference to ZIRLO was inadvertently removed. The proposed change is editorial, correcting a typographical omission that was previously evaluated and approved. Therefore, the proposed change to TS 4.3.1 is acceptable.

4.0 STATE CONSULTATION

In accordance with the Commissions 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

The amendments change requirements with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20 and change surveillance requirements. The NRC staff has determined that the amendments involve 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 amendments involve no significant hazards consideration, and there has been no public comment on such finding (69 FR 19565). Accordingly, the amendments meet 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 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 Commissions 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: Z. Cruz-Perez Date: June 21, 2004

McGuire Nuclear Station cc:

Ms. Lisa F. Vaughn Duke Energy Corporation Mail Code - PB06E 422 South Church Street P.O. Box 1244 Charlotte, North Carolina 28201-1244 County Manager of Mecklenburg County 720 East Fourth Street Charlotte, North Carolina 28202 Mr. C. Jeffrey Thomas Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW.

Washington, DC 20005 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 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 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 Mr. R. L. Gill, Jr.

Manager - Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 South Church Street Mail Stop EC05P Charlotte, North Carolina 28202 NCEM REP Program Manager 4713 Mail Service Center Raleigh, North Carolina 27699-4713 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Mr. T. Richard Puryear Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road York, South Carolina 29745