ML042080101

License Amendment Request: Change to Technical Specifications Related to the Removal of Hydrogen Control from the Design Basis

ML042080101
Person / Time
Site:	Calvert Cliffs
Issue date:	07/20/2004
From:	Vanderheyden G Calvert Cliffs, Constellation Energy Group
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
TAC MB8419, TAC MB8420
Download: ML042080101 (16)

Text

George Vanderheyden Vice President Calvert Cliffs Nuclear Power Plant Constellation Generation Group, LLC 1650 Calvert Cliffs Parkway Lusby, Maryland 20657 410.495.4455 410.495.3500 Fax I

Constellation Energy July 20, 2004 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION:

SUBJECT:

Document Control Desk Calvert Cliffs Nuclear Power Plant UnitNos. I & 2; DocketNos. 50-317 & 50-318 License Amendment Request: Change to Technical Specifications Related to the Removal of Hydrogen Control from the Design Basis

REFERENCES:

(a)

Letter from Mr. P. E. Katz (CCNPP) to Document Control Desk (NRC),

dated March 28, 2003, "Request for Exemption to 10 CFR 50.44 and 10 CFR Part 50, Appendix E, Section VI and Proposed License Amendments for Relaxation of Post-Accident Hydrogen Monitoring and Control Requirements" (b)

Letter from Mr. G. Vanderheyden (CCNPP) to Document Control Desk (NRC), dated December 5, 2003, "Withdrawal for Request for Exemption to 10 CFR 50.44 and 10 CFR Part 50, Appendix E, Section VI" (c)

Letter from Mr. G. S. Vissing (NRC) to Mr. G. Vanderheyden (CCNPP),

dated March 2, 2004, "Elimination of Requirements for Hydrogen Recombiners and Hydrogen Monitors (TAC Nos. MB8419 and MB8420)"

Pursuant to 10 CFR 50.90, Calvert Cliffs Nuclear Power Plant, Inc. hereby requests an Amendment to Renewed Operating License Nos. DPR-53 and DPR-69 to change Technical Specification Table 3.3.10-1, Technical Specification 3.8.1, and Technical Specification 5.6.7.

Reference (a) requested an exemption to the requirements for hydrogen control in the Containment and proposed a related license amendment. Reference (b) withdrew the request for exemption because the requirement for hydrogen control for Containments of this type at Calvert Cliffs had been removed from the Code of Federal Regulations. The proposed license amendment was not withdrawn. Reference (c) approved the proposed license amendment.

In the submittal of References (a) and (b), we inadvertently omitted several Technical Specification pages from the markup and final pages. The markup for the omitted pages is included as Attachment (2) to this letter. The technical basis and the no significant hazards discussion for the proposed change is included as Attachment (1). The Technical Specification Bases will be changed as appropriate to support this amendment.

Our Plant Operations Safety Review Committee and Nuclear Safety Review Board have approved these proposed changes to the Technical Specifications. They have concluded that implementation of these hr'%

changes will not result in an undue risk to the health and safety of the public.

f U l

Document Control Desk July 20, 2004 Page 2 We request approval of this change as soon as possible to restore consistency with our Technical Specifications. No operation of the facility is dependent on approval.

Should you have questions regarding this matter, we will be pleased to discuss them with you.

Very trul

our, STATE OF MARYLAND COUNTY OF CALVERT

TO WIT:

1, George Vanderheyden, being duly sworn, state that I am Vice President - Calvert Cliffs Nuclear Power Plant, Inc. (CCNPP), and that I am duly authorized to execute and file this License Amendment Request on behalf of CCNPP. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other CCNPP employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be eliable.

</=c7X Subscribed and sworn before me, a Notary Jblic in St All vgmf.0

- this 20+/- day of (,M and for the State of Maryland and County of

.2004.

If v-

-- WITNESS my Hand and Notarial Seal:

M.

My 'Cortliission Expires:

Notary Public J

TMat 2* d2p /

I Ta te GV/EMT/bjd Attachments:

(1)

Technical Basis and No Significant Hazards Consideration (2)

Marked Up Technical Specification Pages cc:

J. Petro, Esquire J. E. Silberg, Esquire Director, Project Directorate 1-1, NRC R. V. Guzman, NRC H. J. Miller, NRC Resident Inspector, NRC R. I. McLean, DNR

ATTACHMENT (1)

TECHNICAL BASIS AND NO SIGNIFICANT HAZARDS CONSIDERATION 0

TABLE OF CONTENTS

3.0 TECHNICAL ANALYSIS

4.0 NO SIGNIFICANT HAZARDS CONSIDERATION

6.0 REFERENCES

Calvert Cliffs Nuclear Power Plant, Inc.

July 20, 2004

ATTACHMENT (1)

TECHNICAL BASIS AND NO SIGNIFICANT HAZARDS CONSIDERATION

1.0 INTRODUCTION

Calvert Cliffs Nuclear Power Plant (CCNPP) proposes to change Technical Specification Table 3.3.10-1, Technical Specification 5.6.7, and Technical Specification 3.8.1. The proposed changes are related to License Amendment Nos. 262 and 239, which removed hydrogen control in Containment from the Calvert Cliffs design basis.

2.0 BACKGROUND

Amendment Nos. 262 and 239 were approved and issued by the Nuclear Regulatory Commission (NRC) on March 2, 2004 (Reference 1). These amendments removed the requirements for the containment hydrogen recombiners and the hydrogen analyzers as equipment required to control hydrogen in the Containment.

The amendments required the hydrogen analyzers to be retained as non-safety-related equipment to record hydrogen concentrations in beyond design-basis accidents. However, all references to them in the Technical Specifications were to be removed. The amendments were issued in response to our exemption request and license amendment request dated March 28, 2003 (Reference 2), as supplemented by our letter withdrawing the exemption request dated December 5, 2003 (Reference 3).

The request to remove hydrogen control from the design basis (Reference 2) included a mark-up of proposed Technical Specification changes.

However, related changes to Technical Specification Table 3.3.10-1, Technical Specification 5.6.7, and Technical Specification 3.8.1 were not included in the markup. Therefore, we are requesting an administrative change to correct this oversight.

3.0 TECHNICAL ANALYSIS

Technical Specification Table 3.3.10-1 This change is an administrative change to align the references in the table to Conditions in Technical Specification 3.3.10. The change to Technical Specification 3.3.10 (Reference 1) deleted Condition D, requiring a resequencing of the remainder of the Conditions and Required Actions in that specification.

The proposed change should have also changed the conditions referenced in the Table 3.3.10-1 column headed "Conditions Referenced From Required Action E.1." However, due to an oversight, this change was not reflected in our request (Reference 2). We are, therefore, requesting a change to Technical Specification Table 3.3.10-1 to change the referenced Conditions to accurately reflect the necessary Conditions and Required Actions. This change is administrative in that it does not change the Required Actions for a given plant configuration, but now reflects the correct ones.

Technical Specification 5.6.7 This change is an administrative change of reference from Limiting Condition for Operation (LCO) 3.3.10 Condition G to LCO 3.3.10 Condition F. This proposed change results from the approved change to LCO 3.3.10 (Reference 1), which deleted Condition D and resequenced the remainder of the Conditions. Due to an oversight, this change was not reflected in our request (Reference 2). Since Technical Specification 3.3.10 Condition G no longer exists, the requirements in Technical Specification 5.6.7 are no longer appropriate, therefore, we are requesting a change to reflect the correct Condition.

Technical Specification 3.8.1 Amendment Nos. 262 and 239 removed hydrogen analyzers from the Technical Specifications.

In proposing the Technical Specification changes, we overlooked references to the hydrogen analyzers in Technical Specification 3.8.1 where they are called "H2 analyzer." As noted in Reference 1, removal of the hydrogen analyzers from the Technical Specifications was a complete removal and no action was I

ATTACHMENT (1)

TECHNICAL BASIS AND NO SIGNIFICANT HAZARDS CONSIDERATION stated that would have required partial retention of hydrogen analyzer requirements in any Technical Specification. The remaining reference to hydrogen analyzers is in "Technical Specification 3.8.1, AC Sources - Operating." The references to hydrogen analyzers are only as part of equipment lists supported by the Class IE AC electrical power distribution system. Deletion of hydrogen analyzers by Amendment Nos. 262 and 239 means that the references in Technical Specification 3.8.1 should also be deleted.

Therefore, we are requesting deletion of references to the hydrogen analyzers from Technical Specification 3.8.1 because Reference I noted that this equipment was not required to be in the Technical Specification.

The submittal of these pages does not alter the analysis, the Determination of No Significant Hazards or the environmental impact statement in Reference (2).

4.0 NO SIGNIFICANT HAZARDS CONSIDERATION The proposed change has been determined to not involve a significant hazards consideration, in that operation of the facility in accordance with the proposed amendment:

1. would not involve a significant increase in the probability or consequences of an accident previously evaluated; or Amendment Nos. 262 and 239 were approved and issued by the Nuclear Regulatory Commission (NRC) on March 2, 2004. These amendments removed the requirements for the containment hydrogen recombiners and the hydrogen analyzers as equipment required to control hydrogen in the Containment. The amendments required the hydrogen analyzers to be retained as non-safety-related equipment to record hydrogen concentrations in beyond design-basis accidents.

The request to remove hydrogen control from the design basis included a mark-up of proposed Technical Specification changes.

However, related changes to Technical Specification Table 3.3.10-1, Technical Specification 5.6.7, and Technical Specification 3.8.1 were not included in the markup.

Therefore, we are requesting an administrative change to correct this oversight.

Since the justification for these changes has been approved in Calvert Cliffs Amendment Nos. 262 and 239, there is no technical or safety issue associated with this request.

Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2.

would not create the possibility of a newv or different type of accident from any accident previously evaluated; or The proposed administrative amendment corrects references in a Technical Specification table and in a Technical Specification, and deletes reference to hydrogen analyzers. Since the justification for these changes has been approved in Calvert Cliffs Amendment Nos. 262 and 239, there is no technical or safety issue associated with this request. This request does not involve a change in the operation of the plant, and no new accident initiation mechanism is created by the proposed change, nor does the change involve a physical alteration of the plant.

Therefore, the proposed change does not create the possibility of a new or different type of accident from any accident previously evaluated.

2

ATTACHMENT (1)

TECHNICAL BASIS AND NO SIGNIFICANT HAZARDS CONSIDERATION

3.

would not involve a significant reduction in a margin of safety.

Amendment Nos. 262 and 239 were approved and issued by the Nuclear Regulatory Commission (NRC) on March 2, 2004.

These amendments removed the requirements for the containment hydrogen recombiners and the hydrogen analyzers as equipment required to control hydrogen in the Containment. The amendments required the hydrogen analyzers to be retained as non-safety-related equipment to record hydrogen concentrations in beyond design-basis accidents.

The request to remove hydrogen control from the design basis included a mark-up of proposed Technical Specification changes.

However, related changes to Technical Specification Table 3.3.10-1, Technical Specification 5.6.7, and Technical Specification 3.8.1 were not included in the markup.

Therefore, we are requesting an administrative change to correct this oversight.

Because the hydrogen analyzers were removed from the Technical Specifications by Amendment Nos. 262 and 239, no margin of safety is impacted by the proposed administrative changes.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

5.0 ENVIRONMENTAL CONSIDERATION

We have determined that operation with the proposed changes would not result in any significant change in the types or amounts of any effluents that may be released off site, nor would it result in any significant increase in individual or cumulative occupational radiation exposure.

Therefore, the proposed amendment is eligible for categorical exclusion as set forth in 10 CFR 51.22(c)(9).

Pursuant to 10 CFR51.22(b), no environmental impact statement or environmental assessment is needed in connection with the proposed amendment.

6.0 REFERENCES

(1)

Letter from Mr. G. S. Vissing (NRC) to Mr. G. Vanderheyden (CCNPP), dated March 2, 2004, "Elimination of Requirements for Hydrogen Recombiners and Hydrogen Monitors (TAC Nos.

MB8419 and MB8420)"

(2)

Letter from Mr. P. E. Katz (CCNPP) to Document Control Desk (NRC), dated March 28, 2003, "Request for Exemption to 10 CFR 50.44 and 10 CFR Part 50, Appendix E, Section VI and Proposed License Amendments for Relaxation of Post-Accident Hydrogen Monitoring and Control Requirements" (3)

Letter from Mr. G. Vanderheyden (CCNPP) to Document Control Desk (NRC), dated December 5, 2003, "Withdrawal for Request for Exemption to 10 CFR 50.44 and 10 CFR Part 50, Appendix E, Section VI" 3

ATTACHMENT (2)

MARKED UP TECHNICAL SPECIFICATION PAGES Calvert Cliffs Nuclear Power Plant, Inc.

July 20, 2004

Reporting Requirements 5.6 5.6 Reporting Requirements SDM, transient analysis limits, and accident analysis limits) of the safety analysis are met.

d. The COLR, including any mid cycle revisions or supplements, shall be provided upon issuance for each reload cycle to the NRC.

5.6.6 Not Used 5.6.7 Post-Accident Monitoring Report When a report is required by Condition B or Wof LCO 3.3.10, "Post Accident Monitoring Instrumentation," a report shall be submitted within the following 14 days. The report shall outline the preplanned alternate method of monitoring, the cause of the inoperability, and the plans and schedule for restoring the instrumentation channels of the Function to OPERABLE status.

5.6.8 Tendon Surveillance Report Any abnormal degradation of the containment structure detected during the tests required by the Pre-Stressed Concrete Containment Tendon Surveillance Program shall be reported to the NRC within 30 days. The report shall include a description of the tendon condition, the condition of the concrete (especially at tendon anchorages), the inspection procedures, the tolerances on cracking, and the corrective action taken.

5.6.9 Steam Generator Tube Inspection Report

a. Following each inservice inspection of steam generator tubes, the number of tubes plugged or repaired in each steam generator shall be reported to the NRC within 15 days.

CALVERT CLIFFS - UNIT 1 5.6-9 Amendment No. 259 CALVERT CLIFFS - UNIT 2 Amendment No. 236

PAM Instrumentation 3.3.10 Table 3.3.10-1 (page 1 of 2)

Post-Accident Monitoring Instrumentation FUNCTION

1. Wide Range Logarithmic Neutron Flux

2. Reactor Coolant Outlet Temperature

3. Reactor Coolant Inlet Temperature

4. RCS Subcooled Margin Monitor

5. Reactor Vessel Water Level

6. Containment Water Level (wide range)

7. Containment Pressure

8. Containment Isolation Valve Position

9. Containment Area Radiation (high range)

10. Pressurizer Pressure (wide range)

REQUIRED INDICATION CHANNELS 2

2 2

1 2

2 2

2 per penetration flow path(a)(b) 2 CONDITIONS REFERENCED FROM REQUIRED ACTION N c N/A OE HF-E-2

11. Steam Generator Pressure

12. Pressurizer Level

13. Steam Generator Water Level (wide range) 2 per steam generator 2

2 per steam generator I

I CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.3.10-4 Amendment No. 262 Amendment No. 239

PAM Instrumentation 3.3.10 Table 3.3.10-1 (page 2 of 2)

Post-Accident Monitoring Instrumentation REQUIRED INDICATION CHANNELS CONDITIONS REFERENCED FROM REQUIRED ACTION D e. I 0 -

FUNCTION

14. Condensate Storage Tank Level 2

I

15. Core Exit Temperature-Quadrant 1

16. Core Exit Temperature-Quadrant 2

17. Core Exit Temperature-Quadrant 3

18. Core Exit Temperature-Quadrant 4

19. Pressurizer Pressure (low range) 2(c)

I 2( )

I 2()

2(c I

2 I

(a)

Not required for isolation valves whose associated penetration is isolated by at least one closed and de-activated automatic valve, closed manual valve, check valve with flow through the valve secured, blind flange, or equivalent.

(b)

Only one position indication channel is required for penetration flow paths with only one installed control room indication channel.

(c)

A channel consists of two or more core exit thermocouples.

CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.3.10-5 Amendment No. 262 Amendment No. 239

AC Sources-Operating 3.8.1 3.8 ELECTRICAL POWER SYSTEMS 3.8.1 AC Sources-Operating LCO 3.8.1 The following AC electrical sources shall be OPERABLE:

a. Two qualified circuits between the offsite transmission network and the onsite Class IE AC Electrical Power Distribution System;

b. Two diesel generators (DGs) each capable of supplying one train of the onsite Class IE AC Electrical Power Distribution System; and

c. One qualified circuit between the offsite transmission network and the other unit's onsite Class IE AC electrical power distribution subsystems needed to supply power

.o4he Control Room Emergency Ventilation System (CREVS)? Control Room Emergency Temperature System (CRETS) nHa and one DG from the other unit capable o supplying power to the CREVSS2~!II CRET.

APPLICABILITY:

MODES 1, 2, 3, and 4.

CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-1 Amendment No. 227 Amendment No. 201

AC Sources-Operating 3.8.1 ACTIONS (continued)

CONDITION I

REQUIRED ACTION I COMPLETION TIME D. LCO 3.8.1.c offsite circuit inoperable.

---

NOTE------------

Enter applicable Conditions and Required Actions of LCO 3.8.9, "Distribution Systems-Operating," when Condition D is entered with no AC power source to a train.

I D.I Perform SR 3.8.1.1 or SR 3.8.1.2 for required OPERABLE offsite circuit(s).

AND 1).2 Declare, CREVSek(D CRETS~I~

with no offsite power available inoperable the redundant inoperable.

1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> AND Once per 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> thereafter 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from discovery of no offsite power to one train concurrent with inoperability of redundant required feature(s) 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> I

I AND D.3 Declare CREVS CRETS-supported by the inoperable offsite circuit inoperable.

I CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-5 Amendment No. 265 Amendment No. 242

AC Sources-Operating 3.8.1 ACTIONS (continued)

CONDITION I

REQUIRED ACTION J COMPLETION TIME E. LCO 3.8.1.c DG inoperable.

---

NOTE------------

Enter applicable Conditions and Required Actions of LCO 3.8.9, "Distribution Systems-Operating," when Condition E is entered with no AC power source to a train.

I E.1 Verify both LCO 3.8.1.b DGs OPERABLE, the other unit's DG OPERABLE and the OC DG available.

AND 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> AND Once per 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> thereafter 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> AND Once per 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> thereafter E.2 AND E.3 Perform SR 3.8.1.1 or SR 3.8.1.2 for the OPERABLE required offsite circuit(s).

Declare CREV!) CRETS, supported by the inoperable DG inoperable when the redundant CREVS& 0(;

CRETSL:ZEi7AqE is inoperable.

4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> from discovery of Condition E concurrent with inoperability of redundant required feature(s)

I I

AND CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-6 Amendment No. 265 Amendment No. 242

AC Sources-Operating 3.8.1 ACTIONS (continued)

CONDITION REQUIRED ACTION COMPLETION TIME E.

(continued)

E.4.1 Determine OPERABLE 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> DG(s) is not inoperable due to common cause failures.

OR E.4.2 Perform SR 3.8.1.3 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> for OPERABLE DG(s).

AND E.5 Declare CREVS, CRETSe 14 days supported by the inoperable DG inoperable.

F. Required Action and F.1.1 Restore both LCO 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> associated Completion 3.8.1.b DGs and other Time of Required unit's DG to OPERABLE Action E.1 not met.

status and OC DG to available status.

OR F.1.2 Restore DG to OPERABLE status.

OR 9

F.1.3 Declare CREVS0 CRETSa supported by the inoperable DG inoperable.

CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-7 Amendment No. 265 Amendment No. 242

AC Sources-Operating 3.8.1 ACTIONS (continued)

CONDITION REQUIRED ACTION COMPLETION TIME G. Two required G.1 Declare required 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> from LCO 3.8.1.a offsite feature(s) inoperable discovery of circuits inoperable.

when its redundant Condition G required feature(s) concurrent with OR is inoperable.

inoperability of redundant One required required LCO 3.8.1.a offsite feature(s) circuit that provides power to the CREVS,,

AND inoperable G.2 Restore one required 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and the required offsite circuit to LCO 3.8.1.c offsite OPERABLE status.

circuit inoperable.

11.

One required

---

NOTE------------

LCO 3.8.1.a offsite Enter applicable Conditions circuit inoperable.

and Required Actions of LCO 3.8.9, when Condition 11 AND is entered with no AC power source to any train.

One LCO 3.8.1.b DG inoperable.

11.1 Restore required 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> offsite circuit to OPERABLE status.

OR 11.2 Restore DG to 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> OPERABLE status.

I I

CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-8 Amendment No. 265 Amendment No. 242

AC Sources-Operating 3.8.1 ACTIONS (continued)

CONDITION REQUIRED ACTION COMPLETION TIME I. Two LCO 3.8.1.b DGs 1.1 Restore one DG to 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> inoperable.

OPERABLE status.

OR LCO 3.8.1.b DG that providen power to the CREVSA1ES~,adH A

-ioperble and LCO 3.8.1.c DG inoperable.

J. Required Action and J.1 Be in MODE 3.

6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> associated Completion Time of Condition A, AND C, F, G. H, or I not met.

J.2 Be in MODE 5.

36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> OR Required Action and associated Completion Time of Required Action B.2, B.3, B.4.1, B.4.2, or B.5 not met.

OR Required Action and associated Comp letion Time of Required Action E.2, E.3, E.4.1, E.4.2, or E.5 not met.

I CALVERT CLIFFS - UNIT 1 CALVERT CLIFFS - UNIT 2 3.8.1-9 Amendment No. 265 Amendment No. 242