RS-05-006, Nuclear/Amergen, Proposed Changes to Delete the Reporting Requirement Section of the Facility Operating License

Nuclear/Amergen, Proposed Changes to Delete the Reporting Requirement Section of the Facility Operating License

ML050600047
Person / Time
Site:	Dresden, Oyster Creek, Byron, Braidwood, Limerick, Clinton, LaSalle
Issue date:	02/25/2005
From:	Jury K AmerGen Energy Co, Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
2130-05-20007, RS-05-006
Download: ML050600047 (46)

Text

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ompany, LLC 555 RS-05-006 2130-05-20007 February 25, 2005 wwwwe U. S. Nuclear Regulatory Commission ATTN : Document Control Desk Washington, DC 20555-0001 Braidwood Station, Units 1 and 2 Facility Operating License Nos. NPF-72 and NPF-77 NRC Docket Nos. STN 50-456 and STN 50-457 Byron Station, Units 1 and 2 Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454 and STN 50-455 Clinton Power Station, Unit 1 Facility Operating License No. NPF-62 NRC Docket No. 50-461 Dresden Nuclear Power Station, Unit 2 Renewed Facility Operating License No. DPR-1 9 NRC Docket No. 50-237 LaSalle County Station, Units 1 and 2 Facility Operating License Nos. NPF-1 1 and NPF-1 8 NRC Docket Nos. 50-373 and 50-374 Limerick Generating Station, Units 1 and 2 Facility Operating License Nos. NPF-39 and NPF-85 NRC Docket Nos. 50-352 and 50-353 Oyster Creek Generating Station Facility Operating License No. DPR-16 NRC Docket No. 50-219

SUBJECT:

Proposed Change to Delete the Reporting Requirement Section of the Facility Operating License 10 CFR 50.90 Pursuant to 10 CFR 50.90, "Application for amendment of license or construction permit,"

Exelon Generation Company, LLC (Exelon), and AmerGen Energy Company, LLC (AmerGen),

request a change to the Facility Operating Licenses (FOLs) listed above. The proposed change is administrative in nature and will delete the applicable section of each of the listed FOLs which requires reporting violations of specific requirements in the FOL. The proposed change will reduce unnecessary regulatory burden and will allow Exelon and AmerGen to take full advantage of the revisions to 10 CFR 50.72 and 10 CFR 50.73, including the submittal of written

February 25, 2005 U. S. Nuclear Regulatory Commission Page 2 Licensee Event Reports within 60 days instead of the shorter time periods required by the current FOLs.

The NRC has approved similar license amendments for other nuclear facilities, including :

Beaver Valley Power Station, Units 1 and 2 (TAC Nos. MA3839 and MA3840), South Texas Project, Units 1 and 2 (TAC Nos. MB1057 and MB1058), Wolf Creek Generating Station (TAC No. MB161 1), Comanche Peak Steam Electric Station, Units 1 and 2 (TAC Nos. MB5770 and MB57711), and Fermi 2 (TAC No. MB5170). provides the evaluation of the proposed change. Attachment 2 provides a copy of the marked up FOL page(s) for the proposed change for each station.

Exelon and AmerGen have concluded that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c).

Exelon and AmerGen request approval of the proposed amendments by February 25, 2006, with implementation within 60 days of issuance of the amendments.

There are no regulatory commitments contained within this letter.

The proposed change has been reviewed by each respective station's Plant Operations Review Committee and approved by each respective station's Nuclear Safety Review Board.

Exelon and AmerGen are notifying the applicable State of this application for a change to the FOLs by transmitting a copy of this letter and its attachments to the designated State Officials.

If you have any questions or require additional information, please contact Glenn Stewart at 610-765-5529 or Timothy Byam at 63&6570804.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 25th day of February, 2005.

Respectfully, Keith R. Jury Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC AmerGen Energy Company, LLC

February 25, 2005 U. S. Nuclear Regulatory Commission Page 3 Attachments :

1.

Evaluation of the Proposed Change 2.

Facility Operating License Markup Pages Braidwood, Units 1 and 2 Byron, Units 1 and 2 Clinton, Unit 1 Dresden, Unit 2 LaSalle, Units 1 and 2 Limerick, Units 1 and 2 Oyster Creek cc :

NRC Regional Administrator - NRC Region I NRC Regional Administrator - NRC Region III NRC Senior Resident Inspector - Braidwood Station NRC Senior Resident Inspector - Byron Station NRC Senior Resident Inspector - Clinton Power Station NRC Senior Resident Inspector - Dresden Nuclear Power Station NRC Senior Resident Inspector - LaSalle County Station NRC Senior Resident Inspector - Limerick Generating Station NRC Senior Resident Inspector - Oyster Creek Generating Station NRR Project Manager - Braidwood Station NRR Project Manager - Byron Station NRR Project Manager - Clinton Power Station NRR Project Manager - Dresden Nuclear Power Station NRR Project Manager - LaSalle County Station NRR Project Manager - Limerick Generating Station NRR Project Manager - Oyster Creek Generating Station Illinois Emergency Management Agency - Division of Nuclear Safety Director, Bureau of Radiation Protection - Pennsylvania Department of Environmental Protection Director, Bureau of Nuclear Engineering, New Jersey Department of Environmental Protection Mayor of Lacey Township, Forked River, NJ w/ attachments 19 to

ATTACHMENT 1 LICENSE AMENDMENT REQUEST DOCKET NOS. STN 50-456,457,454,455 DOCKET NOS. 50-461, 237, 373, 374, 352, 353, 219 EVALUATION OF THE PROPOSED CHANGE

Subject:

Proposed Change to Delete the Reporting Requirement Section of the Facility Operating License 1.0 DESCRIPTION

2.0 PROPOSED CHANGE

S

7.0 REFERENCES

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 1 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 1.0 DESCRIPTION In accordance with 10 CFR 50.90, "Application for amendment of license or construction permit," Exelon Generation Company, LLC (Exelon), and AmerGen Energy Company, LLC (AmerGen), request a change to the following Facility Operating Licenses (FOLs) or Renewed FOLs :

Braidwood Station, Units 1 and 2 - FOL Nos. NPF-72 and NPF-77, respectively Byron Station, Units 1 and 2 - FOL Nos. NPF-37 and NPF-66, respectively Clinton Power Station (CPS), Unit 1 - FOL No. NPF-62 Dresden Nuclear Power Station (DNPS), Unit 2 - Renewed FOL No. DPR-19 LaSalle County Station (LSCS), Units 1 and 2 - FOL Nos. NPF-1 1 and NPF-1 8, respectively Limerick Generating Station (LGS), Units 1 and 2 - FOL Nos. NPF-39 and NPF-85, respectively Oyster Creek Generating Station (OCGS) - FOL No. DPR-1 6 The proposed change is administrative in nature and will delete the applicable section of each listed FOL which requires reporting violations of the requirements of Sections 2.C and 2.E of the LSCS FOL and Section 2.C of the Braidwood, Byron, CPS, LGS, and OCGS FOLs, and DNPS Renewed FOL. The proposed change will reduce unnecessary regulatory burden and will allow Exelon and AmerGen to take full advantage of the revisions to 10 CFR 50.72, "Immediate notification requirements for operating nuclear power reactors," and 10 CFR 50.73, "Licensee event report system." For example, 10 CFR 50.73 requires the submittal of written Licensee Event Reports within 60 days instead of 14 days for LSCS and 30 days for Braidwood, Byron, CPS, DNPS, LGS, and OCGS as required by the current FOLs.

The NRC has approved similar license amendments (i.e., References 4 through 8) for other nuclear facilities, including : Beaver Valley Power Station, Units 1 and 2 (TAC Nos. MA3839 and MA3840), South Texas Project, Units 1 and 2 (TAC Nos. MB1057 and MB1058), Wolf Creek Generating Station (TAC No. MB161 1), Comanche Peak Steam Electric Station, Units 1 and 2 (TAC Nos. MB5770 and MB5771), and Fermi 2 (TAC No. MB5170).

2.0 PROPOSED CHANGE

S The following describes the proposed administrative change to each station's reporting requirement section of the FOL.

1.

Braidwood Station FOL Section 2.G (Units 1 and 2) states :

"Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner : initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e)."

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 2 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 Exelon proposes to delete this section of the Unit 1 and Unit 2 FOLs.

2.

Byron Station FOL Sections 2.F (Unit 1) and 2.G (Unit 2) state :

"Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e)."

Exelon proposes to delete these sections of the Unit 1 and Unit 2 FOLs.

3.

Clinton Power Station FOL Section 2.G states :

"Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, AmerGen Energy Company, LLC shall report any violations of the requirements contained in Section 2.C of this license in the following manner : initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e)."

AmerGen proposes to delete this section of the FOL.

4.

Dresden Nuclear Power Station Renewed FOL Section 2.G (Unit 2) states :

"The licensee shall report any violations of the requirements contained in Section 2, Items C(l), C(3), and C(4) of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73(b), (c) and (e)."

Exelon proposes to delete this section of the Renewed FOL.

5.

LaSalle County Station

• FOL Section 2.F(a) (Unit 1) states :

"The licensee shall report any violations of the requirements contained in Section 2 Items C(l), C(3) through (33), and E of this license within twenty-four (24) hours by telephone and confirm by telegram, mailgram, or facsimile transmission to the NRC Regional Administrator, Region 111, or designee, not later than the first

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 3 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 working day following the violation, with a written follow-up report within fourteen (14) working days."

9 FOL Section 2.F.(b) (Unit 1) states :

"The licensee shall notify the Commission, as soon as possible but not later than one hour, of any accident at this facility which could result in an unplanned release of quantities, of fission products in excess of allowable limits for normal operation established by the Commission."

0 FOL Section 2.17 (Unit 2) states :

"With the exception of Section 2, Item C(2), the licensee shall report any violations of the requirements contained in Section 2.C. and 2.E of this license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by telephone and confirm by telegram, mailgram, or facsimile transmission to the NRC Regional Administrator, Region III, or that administrator's designee, no later than the first working day following the violation, with a written follow-up report within 14 days."

9 FOL Section 2.G (Unit 2) states :

"The licensee shall notify the Commission, as soon as possible but not later than one hour, of any accident at this facility which could result in an unplanned release of quantities of fission products in excess of allowable limits for normal operation established by the Commission."

Exelon proposes to delete these sections of the Unit 1 and Unit 2 FOLs.

6.

Limerick Generating Station FOL Sections 2.17 (Unit 1) and 2.E (Unit 2) state :

"Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner : initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c) and (e)."

Exelon proposes to delete these sections of the Unit 1 and Unit 2 FOLs.

7.

Oyster Creek Generating Station FOL Section 2.E states :

"Except as otherwise provided in the Technical Specifications, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written follow-up

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 4 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 AmerGen proposes to delete this section of the FOL.

3.0 BACKGROUND

within 30 days in accordance with the procedures described in 10 CFR 50.73(b), (c),

and (e)."

With the exception of the LSCS FOL, the FOLs of the stations listed in Section 1.0 above all have a reporting requirements section that requires initial notification to be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written follow-up within thirty (30) days in accordance with the procedures described in 10 CFR 50.73 for any violations of the requirements contained in Section 2.C of the FOLs. The LSCS FOLs require initial notification of any violations of the requirements contained in Sections 2.C and 2.E within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written follow-up within 14 working days. The NRC's requirements for immediate notification with written follow-up (Licensee Event Reports) of events at operating nuclear power reactors are stated in 10 CFR 50.72 and 10 CFR 50.73.

Thus, the reporting requirements of the FOLs are redundant to the requirements of 10 CFR 50.72 and 10 CFR 50.73.

4.0 TECHNICAL ANALYSIS

1. Braidwood Station FOL Section 2.C (Unit 1 and Unit 2) includes conditions regarding the following areas :

(1)

Maximum Power Level (2)

Technical Specifications (3)

Emergency Planning (4)

Initial Startup Test Program (5)

Regulatory Guide 1.97, Revision 2 Compliance (Unit 1 only)

(7)

Additional Conditions (Condition 6 for Unit 2)

(8)

Transfer of Assets (Condition 7 for Unit 2)

(9-11) Decommissioning Trust Funds (Conditions 8-10 for Unit 2)

Unit 1 Condition (6) has been previously deleted. Unit 2 Condition (5) has been previously deleted.

FOL Section 2.G (Units 1 and 2) requires Exelon to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a followup written report within 30 days. The requirements in Section 2.G (Units 1 and 2) of the FOL can be deleted for the following reasons:

Deviations from the conditions regarding Maximum Thermal Power (Condition 2.C.(1))

are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii).

Deviations from the condition regarding Technical Specifications (Condition 2.C.(2)) are evaluated (1) as operation or conditions prohibited by Technical Specifications in accordance with the requirements of 10 CFR 50.73(a)(2)(i)(B), or (2) as deviations from Technical Specifications under 10 CFR 50.54(x) in accordance with the requirements of

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 5 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 0

0 10 CFR 50.72(b)(1) and 10 CFR 50.73(a)(2)(i)(C). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73. Reporting requirements associated with the Environmental Protection Plan are defined in Appendix B to the FOL.

Braidwood Unit 1 Condition 2.C.(3) through 2.CA51 and Wit 2 Conditions 2.C.(3) and 2.C.(4), regarding completion of emergency planning procedures, changes to the initial startup test program and submittal of the final report and schedule for implementation of Regulatory Guide 1.97 compliance (Unit 1 only) have been satisfied and are administrative in nature. Therefore, the reporting requirements are not applicable to these Conditions.

Braidwood Unit 1 Conditions 2.C.(8) through 2.C.(11), and Unit 2 Conditions 2.C.(7) through 2.C.(10), regarding transfer of facilities for production, transmission, or distribution of electric energy within Exelon and decommissioning trust funds, are administrative issues with no safety significance ; therefore, they do not warrant the reporting requirements in Section 2.G (Units 1 and 2).

Braidwood Unit 1 Condition 2.C.(7) and Unit 2 Condition 2.C.(6) invokes additional conditions as specified in Appendix C of the FOL. The additional Conditions currently specified in Appendix C involve implementation of Improved Technical Specifications (ITS), implementation of Power Uprate, and revised reactor core safety limit for peak fuel centerline temperature. The first Condition associated with ITS provides the requirement for when the first performance of the Surveillance Requirements is due. The second Condition associated with ITS is the requirement for initial relocation of requirements from FOL Appendix A to the licensee-controlled documents. These Conditions have been satisfied and are administrative in nature ; therefore, the reporting requirements are not applicable to these Conditions. There are three Conditions associated with Power Uprate. These include implementation of the modifications to maintain stability of the Braidwood transmission grid, submitting to the NRC a confirmatory analysis justifying the hot leg injection switchover time, and completion of the committed instrumentation changes. These Conditions have been satisfied and are administrative in nature ;

therefore, the reporting requirements are not applicable to these Conditions. The Condition associated with the revised peak fuel centerline temperature safety limit requires NIRC review and approval of the topical report documenting the fuel centerline melt temperature basis for fuel pellets incorporating homogenous poisons. In addition, this Condition requires revision of the License Condition to reference the revised Topical report and revision of Technical Specification 2.1.1.3 to include the fuel centerline melt temperature limit for fuel with homogenous poison. This Condition is administrative in nature and therefore, the reporting requirement is not applicable to this Condition.

2. Byron Station FOL Section 2.C (Unit 1 and Unit 2) includes conditions regarding the following areas:

(1) Maximum Power Level (2)

Technical Specifications (Units 1 and 2) and Environmental Protection Plan (Unit 2)

(6)

Fire Protection Program (Unit 1 only)

(17) Additional Conditions (Condition 6 for Unit 2)

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 6 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 (18) Transfer of Assets (Condition 7 for Unit 2)

(19-21) Decommissioning Trust Funds (Conditions 8-10 for Unit 2)

Units 1 and 2 Conditions (3) through (5) have been previously deleted. Unit 1 Conditions (7) through (16) have been previously deleted.

FOL Sections 2.F (Unit 1) and 2.G (Unit 2) require Exelon to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a followup written report within 30 days. The requirements in Sections 2.F (Unit 1) and 2.G (Unit 2) of the FOL can be deleted for the following reasons:

a N

Deviations from the conditions regarding Maximum Thermal Power (Condition 2.C.(1))

and Fire Protection (Unit 1 Condition 2.C.(6)) are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Deviations from the condition regarding Technical Specifications (Condition 2.C.(2)) are evaluated (1) as operation or conditions prohibited by Technical Specifications in accordance with the requirements of 10 CFR 50.73(a)(2)(i)(B), or (2) as deviations from Technical Specifications under 10 CFR 50.54(x) in accordance with the requirements of 10 CFR 50.72(b)(1) and 10 CFR 50.73(a)(2)(i)(C). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73. Reporting requirements associated with the Environmental Protection Plan are defined in Appendix B to the FOL.

Byron Unit 1 Conditions 2.0.(18) through 2.C.(21), and Unit 2 Conditions 2.C.(7) through 2.C.(10), regarding transfer of facilities for production, transmission, or distribution of electric energy within Exelon and decommissioning trust funds, are administrative issues with no safety significance ; therefore, they do not warrant the reporting requirements in Sections 2.17 (Unit 1) and 2.G (Unit 2).

Byron Unit 1 Condition 2.C.(17) and Unit 2 Condition 2-C.(6) invokes additional conditions as specified in Appendix C of the FOL. The additional Conditions currently specified in Appendix C involve implementation of Improved Technical Specifications (ITS), implementation of Power Uprate, and revised reactor core safety limit for peak fuel centerline temperature. The first Condition associated with ITS provides the requirement for when the first performance of the Surveillance Requirements is due. The second Condition associated with ITS is the requirement for initial relocation of requirements from FOL Appendix A to the licensee-controlled documents. These Conditions have been satisfied and are administrative in nature ; therefore, the reporting requirements are not applicable to these Conditions. There are three Conditions associated with Power Uprate. These include implementation of the modifications to maintain stability of the Byron transmission grid, submitting to the NRC a confirmatory analysis justifying the hot leg injection switchover time, and completion of the committed instrumentation changes.

These Conditions have been satisfied and are administrative in nature ; therefore, the reporting requirements are not applicable to these Conditions. The Condition associated with the revised peak fuel centerline temperature safety limit requires NRC review and approval of the topical report documenting the fuel centerline melt temperature basis for fuel pellets incorporating homogenous poisons. In addition, this Condition requires

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 7 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219

3.

Clinton Power Station FOL Section 2.C includes conditions regarding the following areas :

(1)

Maximum Power Level (2)

Technical Specifications and Environmental Protection Plan (5)

New Fuel Storage (14-20) Decommissioning Trust Funds (21) Contingency Commitment Conditions (3), (4), and (6) through (13) were previously deleted.

FOL Section 2.G requires AmerGen to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a follow-up written report within 30 days. The requirements in Section 2.G of the FOL can be deleted for the following reasons:

W 0

revision of the License Condition to reference the revised topical report and revision of Technical Specification 2.1.1.3 to include the fuel centerline melt temperature limit for fuel with homogenous poison. This Condition is administrative in nature and therefore, the reporting requirements are not applicable to this Condition.

Deviation from the condition regarding Maximum Thermal Power (Condition 2.C.(1)) is evaluated as an unanalyzed condition that significantly degrades plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFIR 50.73(a)(2)(ii).

Deviations from the condition regarding Technical Specifications (Condition 2.C.(2)) are evaluated (1) as operation or conditions prohibited by Technical Specifications in accordance with the requirements of 10 CFR 50.73(a)(2)(i)(B), or (2) as deviations from Technical Specifications under 10 CFR 50.54(x) in accordance with the requirements of 10 CFR 50.72(b)(1) and 10 CFIR 50.73(a)(2)(i)(C). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFIR 50.73. Reporting requirements associated with the Environmental Protection Plan are defined in Appendix B to the FOL.

Condition 2.C.(5) requires CPS to store new fuel assemblies in accordance with the requirements specified in Attachment 2 to the FOL. Attachment 2 to the FOL identifies the requirements for storing new fuel at CPS. These requirements generally include the following.

a. The maximum number of fuel assemblies that are allowed to be outside their shipping containers, storage racks, or the reactor vessel at any one time

b. The minimum edge to edge distance between the group of three fuel assemblies and all other fuel assemblies

c.

Fuel assemblies shall be stored in the New Fuel Storage Vault such that no more than 12 rows of fuel assemblies shall remain uncovered during loading and unloading, metal covers shall cover all other rows containing fuel assemblies during loading and unloading, and when loading and unloading is not in progress the metal covers shall cover all rows of fuel assemblies

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 8 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 0

0

d. Fuel assemblies shall be stored such that water would drain freely from the assemblies in the event of flooding and subsequent draining of the fuel storage area

e. Fuel assemblies stored in the containment fuel storage pool shall be under water

f.

No fuel assemblies shall be stored in control rod racks

g. All fire hoses servicing the New Fuel Storage Vault shall be equipped with solid steam nozzles These requirements ensure nuclear criticality safety during the handling and storage of fuel under all degrees of water moderation. 10 CFR 70.52 contains specific reporting requirements for the discovery of any case of accidental criticality. In addition, there are specific reporting criteria in 10 CFR Part 20 (i.e., 10 CFR 20.2202 and 20.2203) that would require reporting in the event that a significant exposure or release was to occur. Therefore, the reporting requirements in FOL Section 2.G are not warranted for Condition 2.C.(5).

CPS Conditions 2.C.(14) through 2.C.(21), regarding decommissioning trust funds and the Exelon Generation Company, LLC contingency commitment, are administrative issues with no safety significance ; therefore, they do not warrant the reporting requirements in Section 2.G.

4. Dresden Nuclear Power Station DNPS Unit 2 Renewed FOL Section 2.C includes conditions regarding the following areas :

Maximum Power Level Limits on operation in the coastdown mode Requirement for valves in recirculation loop equalizer piping to be closed during reactor operation Unit 2 Renewed FOL Section 2.G requires Exelon to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C.(1), 2.C.(3), and 2.C.(4) of the Renewed FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a follow-up written report within 30 days. The requirements in Section 2.G of the Renewed FOL can be deleted for the following reasons :

Deviation from the condition regarding Maximum Thermal Power (Condition 2.C.(1)) is evaluated as an unanalyzed condition that significantly degrades plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii).

Therefore, deviations from this License Condition are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

Condition 2.C.(3) limits DNPS operation in the coastdown mode to 40% power. The cycle specific analyses are performed each cycle assuming an end-of-cycle coastdown.

The results of these analyses are confirmed for coastdown operation down to 40%

power. As a result, deviation from Condition 2.C.(3) is evaluated as an unanalyzed condition that significantly degrades plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Therefore, deviations from this License Condition are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Attachment I Docket Nos. STN 50-456, 457, 454, 455 Page 9 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 License Condition 2.C.(4) requires the valves in the equalizer piping between the recirculation loop to be closed at all times during reactor operation. The original DNPS design included this equalizing line to provide positive pressure to all jet pumps preventing backflow through any jet pump in the event that one recirculation pump should fail or trip off.

It was found, however, that use of this equalizing line resulted in unstable flow causing the operating recirculation pump to overspeed and trip. As a result, this Condition requires the line to be isolated during reactor operation. Deviation from this condition would result in a condition that could have prevented fulfillment of a safety function and is reportable under the requirements of 10 CFR 50.72(b)(3)(v) and 10 CFR 50.73(a)(2)(v). Therefore, deviations from this License Condition are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

5.

LaSalle County Station LSCS Unit 1 FOL Section 2.C includes conditions regarding the following areas:

(1) Maximum Power Level (3)

Conduct of Work Activities During Fuel Load and Initial Startup (4)

Resolution of Rebar Damage and Adequacy of Off-Gas Building Roof (5)

Snubbers (6)

Deferred Preoperational Deficiencies (7)

Surveillance of Tendons (8)

Masonry Wall Evaluations (9)

Inservice Testing of Pumps and Valves (10) Dynamic Qualification (11) Environmental Qualifications (12) Seismic and Loss-of-Coolant Accident Loads (13) Surveillance of Control Blades (14) Scram Discharge Volume (15) Low Pressure in Pump Discharge of the Control Rod Drive (16) Containment Long Term Program Load Specifications (18) Compliance with Regulatory Guide 1.97 (19) Additional Instrumentation and Control Concerns (20) Low and/or Degraded Grid Voltage (21) Reliability of Diesel-Generators (22) Direct Current Power Systems (23) Reactor Containment Electrical Penetrations (24) Separation of Class 1 E and Non-Class 1 E Cable trays (25) Fire Protection Program (27) Industrial Security (28) Initial Test Program (29) Assurance of Proper Design and Construction (30) NUREG-0737 Conditions (31) Bolting of Valves (32) Vacuum Breaker Valves (33) Heating-Ventilation and Air Condition Systems

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 10 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 351219 Unit 1 FOL Section 10 includes a condition for notifying the Director of the Office of Nuclear Reactor Regulation and obtain written approval from that office before engaging in additional construction or operational activities which may result in a significant adverse environmental impact that was not evaluated in the Final Environmental Statement and its Addendum.

Unit I FOL Section 2.F.(a) requires Exelon to notify the NRC via telephone of any violations of the requirements contained in Section 2 Items C(l), C(3) through (33) and E of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a follow-up written report within fourteen (14) working days. The requirements in Unit 1 Section 2.F.(a) can be deleted for the following reasons:

0 Deviation from the condition regarding Maximum Thermal Power (Condition 2.C.(1)) and Fire Protection (Condition 2.C.(25)) are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

LSCS Unit 1 Conditions 2.C.(3) through (24), and 2.C.(28) through (33) are one time actions completed prior to initial startup, as pat of initial startup, prior to startup following the first refueling outage, or by a specific date (already past). These Conditions have been satisfied and are administrative in nature ; therefore, the reporting requirements in Section 2.F.(a) are no longer warranted for these Conditions and may be deleted.

LSCS Unit 1 Condition 2.C.(27) requires Exelon to fully implement and maintain in effect the provisions of the approved physical security, training and qualification, and safeguards contingency plans. 10 CFR 73 contains specific reporting requirements for safeguards events that relate to the physical security and the safeguards contingency plans. Therefore, the reporting requirements in Section 2.F.(a) for LSCS, Unit 1, are not warranted for Condition 2.C.(27).

Unit 1 Condition 2.E invokes an additional condition for protection of the environment as described above. This condition requires written notification to the NRC and approval from the Office of Nuclear Reactor Regulation prior to engaging in additional construction or operational activities that may result in a significant adverse environmental impact. Section 3.1 of the LSCS Environmental Protection Plan (Appendix B to the FOL) contains this same requirement. In accordance with the requirements of Environmental Protection Plan Section 5.4.2, "Nonroutine Reports," a written report shall be submitted to the NRC within 30 days of occurrence of a nonroutine report. Any failure to meet the requirements of Environmental Protection Plan Section 3.1 would constitute a nonroutine event and would be reported under the requirements of Section 5.4.2. Therefore, the reporting requirements in Section 2.F.(a) for LSCS, Unit 1, are not warranted for Condition 2.E and may be deleted.

Unit 1 FOL Section 2.F.(b) requires that Exelon notify the NRC as soon as possible but not later than one hour of any accident at this facility which could result in an unplanned release of fission products in excess of allowable limits for normal operation established by the NRC.

An accident that results in an unplanned release of fission products would require declaration of an emergency classification. In accordance with the requirements of 10 CFR

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 50.72(a)(1)(i) and 10 CFR 50.72(a)(3) the NRC shall be notified not later than one hour after the time that one of the emergency classes is declared under the station emergency plan.

Therefore, the reporting requirement of LSCS Unit 1 FOL Section 2.F.(b) is adequately addressed by the requirements of 10 CFR 50.72.

LSCS Unit 2 FOL Section 2.C includes conditions regarding the following areas:

0 Maximum Power Level Conduct of Work Activities During Fuel Load and Initial Startup Inservice Testing of Pumps and Valves Environmental Qualification Surveillance of Control Blades Low Pressure in Pump Discharge of the Control Rod Drive Containment Isolation System Standby Liquid Control System Cable Terminations Cable Separation Concerns Low and/or Degraded Grid Voltage Reliability of Diesel-Generators Direct Current Power Systems Control of Heavy Loads Fire Protection Program Industrial Security Initial Test Program NUREG-0737 Conditions Surveillance Interval Extension Relocated Technical Specifications Transfer of Assets Page 11 of 18 (1)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(22)

(23-25) Decommissioning Trust Funds (26) Relocation of Technical Specification Requirements (27) Schedule for performance of Surveillance Requirements that were new or revised as part of LSCS conversion to Improved Standard Technical Specifications Unit 2 FOL Section E includes a condition for notifying the Director of the Office of Nuclear Reactor Regulation and obtain written approval from that office before engaging in additional construction or operational activities which may result in a significant adverse environmental impact that was not evaluated in the Final Environmental Statement and its Addendum.

Unit 2 FOL Section 2.F requires Exelon to notify the NRC via telephone of any violations of the requirements contained in Section 2.C (with the exception of Item C(2)) and 2.E of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a follow-up written report within fourteen (14) days. The requirements in Unit 2 Section 2.F can be deleted for the following reasons:

Deviation from the condition regarding Maximum Thermal Power (Condition 2.C.(1)) and Fire Protection (Condition 2.C.(15)) are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 5a73.

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 12 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 a

N LSCS Unit 2 Condition 2.C.(16) requires Exelon to fully implement and maintain in effect the provisions of the approved physical security, training and qualification, and safeguards contingency plans. 10 CIFIR 73 contains specific reporting requirements for safeguards events that relate to the physical security and the safeguards contingency plans. Therefore, the reporting requirements in Section 2.F for LSCS, Unit 2, are not warranted for Condition 2.C.(16).

LSCS Unit 2 Conditions 2.C.(3) through (114), 2.C.(17) through (20), and 2.C.(26) through (27) are one time actions completed prior to initial startup, as part of initial startup, prior to startup following the first refueling outage, or by a specific date (already past). These Conditions have been satisfied and are administrative in nature ; therefore, the reporting requirements in Section 2.17 are no longer warranted for these Conditions and may be deleted.

LSCS Unit 2 Conditions 2.C.(22) through 2.C.(25), regarding transfer of facilities for production, transmission, or distribution of electric energy within Exelon and decommissioning trust funds, are administrative issues with no safety significance ;

therefore, they do not warrant the reporting requirements in Section 2.F.

Unit 2 Condition 2.E invokes an additional condition for protection of the environment as described above. This condition requires written notification to the NRC and approval from the Office of Nuclear Reactor Regulation prior to engaging in additional construction or operational activities that may result in a significant adverse environmental impact. Section 3.1 of the LSCS Environmental Protection Plan (Appendix B to the FOL) contains this same requirement. In accordance with the requirements of Environmental Protection Plan Section 5.4.2, "Nonroutine Reports," a n report shall be submitted to the NRC within 30 days of occurrence of a nonroutine report. Any failure to meet the requirements of Environmental Protection Plan Section 3.1 would constitute a nonroutine event and would be reported under the requirements of Section 5.4.2. Therefore, the reporting requirements in Section 2.17 for LSCS, Unit 2, are not warranted for Condition 2.E and may be deleted.

Unit 2 FOL Section 2.G requires that Exelon notify the NRC as soon as possible but not later than one hour of any accident at this facility which could result in an unplanned release of fission products in excess of allowable limits for normal operation established by the NRC.

An accident that results in an unplanned release of fission products would require declaration of an emergency classification. In accordance with the requirements of 10 CFR 50.72(a)(1)(i) and 10 CFR 50.72(a)(3) the NRC shall be notified not later than one hour after the time that one of the emergency classes is declared under the station emergency plan.

Therefore, the reporting requirement of LSCS Unit 2 FOL Section 2.G is adequately addressed by the requirements of 10 CFR 50.72.

6.

Limerick Generating Station FOL Section 2.C (Unit 1 and Unit 2) includes conditions regarding the following areas:

(1) Maximum Power Level (2) Technical Specifications (3) Fire Protection Program

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 13 of 18 Docket Nos. 50-461, 237, 37137, 352, 351219 (4) Physical Security and Safeguards (Unit 2 only)

(16) Additional Conditions (Unit 1 only)

(17) Transfer of Assets (Condition 5 for Unit 2)

(18-20) Decommissioning Trust Funds (Conditions 6-8 for Unit 2)

Unit 1 Conditions (4) through (15) have been previously deleted.

FOL Sections 2.F (Unit 1) and 2.E (Unit 2) require Exelon to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a followup written report within 30 days. The requirements in Sections 2.F (Unit 1) and 2.E (Unit 2) of the FOL can be deleted for the following reasons:

Deviations from the conditions regarding Maximum Thermal Power (Condition 2.C.(1))

and Fire Protection (Condition 2.C.(3)) are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Deviations from the condition regarding Technical Specifications (Condition 2.C.(2)) are evaluated (1) as operation or conditions prohibited by Technical Specifications in accordance with the requirements of 10 CFR 50.73(a)(2)(i)(B), or (2) as deviations from Technical Specifications under 10 CFR 50.54(x) in accordance with the requirements of 10 CFR 50.72(b)(1) and 10 CFR 50.73(a)(2)(i)(C). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

LGS Unit 1 Conditions 2.C.(17) through 2.C.(20), and Unit 2 Conditions 2.C.(5) through 2.C.(8), regarding transfer of facilities for production, transmission, or distribution of electric energy within Exelon and decommissioning trust funds, are administrative issues with no safety significance ; therefore, they do not warrant the reporting requirements in Sections 21 (Unit 1) and 2.E (Unit 2).

LGS Unit 2 Condition 2.C.(4) requires LGS to implement and maintain in effect the provisions of the physical security, training and qualification, and safeguards contingency plans. The similar requirements for LGS Unit 1 are contained in Section 2.E of the FOL for which the reporting requirements of Section 2.F are not applicable.

Eliminating the reporting requirements of LGS Unit 2 FOL Section 2.E would make LGS Unit 2 consistent with the LGS Unit 1 with respect to reporting issues related to the physical security and safeguards contingency plans. In addition, 10 CFR 73 contains specific reporting requirements for safeguards events that relate to the physical security and the safeguards contingency plans. Therefore, the reporting requirements in Section 2.E for LGS, Unit 2, are not warranted for Condition 2.C.(4).

LGS Unit 1 Condition 2.C.(16) invokes additional conditions as specified in Appendix C of the FOL. The only additional Conditions

, currently specified in Appendix C involve a previously installed plant modification concerning replacement suction strainers on the emergency core cooling system (ECCS) pumps, specifically the residual heat removal (RHR) and core spray (CS) system pumps. The first Condition allowed for incorporation of changes to the description of the facility in the Updated Final Safety Analysis Report (UFSAR) to reflect the suction strainer modification. This Condition has been satisfied and is administrative in nature ; therefore, the reporting requirements are not applicable

Exelon/AmerGen FOB Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 14 of 18 Docket Nos. 50-461, 237, 371371 352, 351219

7.

Oyster Creek Generating Station FOL Section 2.C includes conditions regarding the following areas:

(1) Maximum Power Level (2) Technical Specifications (3) Fire Protection Program (4) Physical Security and Safeguards (5) Core Spray Sparger Inspections (7) Reactor Vessel Integrated Surveillance Program Condition (6) was previously deleted.

FOL Section 2.E requires AmerGen to notify the NRC via the Emergency Notification System of violations of the requirements in Section 2.C of the FOL identified above within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a follow-up written report within 30 days. The requirements in Section 2.E of the FOL can be deleted for the following reasons:

0 0

to this Condition. The second Condition requires an inspection of the suction strainer and suppression pool cleanliness once every other refueling outage. Failure to perform this inspection is not by itself safety significant. There are other programmatic controls in place, such as foreign material exclusion (FME), which help to maintain the cleanliness of the suppression pool and ECCS suction strainers. Any safety significant degradation of ECCS pump performance would be evaluated under 10 CFR 50.72 and 10 CFR 50.73 for reportability. Therefore, the FOL reporting requirements for this Condition are not warranted and may be deleted.

Deviations from the conditions regarding Maximum Thermal Power (Condition 2.C.(1))

and Fire Protection (Condition 2.C.(3)) are evaluated as unanalyzed conditions that significantly degrade plant safety in accordance with the requirements of 10 CFR 50.72(b)(3)(ii) and 10 CFR 50.73(a)(2)(ii). Deviations from the condition regarding Technical Specifications (Condition 2.C.(2)) are evaluated (1) as operation or conditions prohibited by Technical Specifications in accordance with the requirements of 10 CFR 50.73(a)(2)(i)(B), or (2) as deviations from Technical Specifications under 10 CFR 50.54(x) in accordance with the requirements of 10 CFR 50.72(b)(1) and 10 CFR 50.73(a)(2)(i)(C). Therefore, deviations from these License Conditions are adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73.

Condition 2.C.(4) requires Oyster Creek to implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans. 10 CFR Part 73 contains specific reporting requirements for safeguards events that relate to the physical security and the safeguards contingency plans. Therefore, the reporting requirements in FOB Section 2.E are not warranted for Condition 2.C.(4).

Condition 2.C.(5) requires inspections of core spray spargers, piping and associated components in accordance with the Boiling Water Reactor Vessel and Internals Project (BWRVIP) guidelines BWRVIP-18, "BWR Core Spray Internals Inspection and Flaw Evaluation Guidelines." Failure to perform this inspection is not by itself safety

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 15 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 Conclusion significant. Any safety significant degradation of the core spray spargers, piping and associated components would be appropriately evaluated under 10 CFR 50.72 and 10 CFR 50.73 for reportability. Therefore, the FOL reporting requirements for this Condition are not warranted and may be deleted.

Condition 2.C.(7) authorized Oyster Creek to revise the Updated Final Safety Analysis Report (UFSAR) to allow implementation of the BWRVIP reactor pressure vessel Integrated Surveillance Program as the basis for demonstrating compliance with the requirements of Appendix H to 10 CFR Part 50. This Condition is administrative in nature ; therefore, the FOL reporting requirements are not applicable to this Condition.

In summary, the proposed change to delete the reporting requirement section of each affected FOL is acceptable because the reporting requirements are either adequately addressed by the requirements of 10 CFR 50.72 and 10 CFR 50.73, or other regulatory requirements, or are not warranted based on the nature of the Conditions.

5.0 REGULATORY ANALYSIS

5.1 No Significant Hazards Consideration Exelon and Am erGen have evaluated whether or not a significant hazards consideration is involved with the proposed amendments by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below. The proposed deletion of the reporting requirement section of each affected Facility Operating License (FOL) does not involve a significant hazards consideration for the following reasons :

1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

Response : No. The proposed change involves an administrative change only. The proposed change does not involve the modification of any plant equipment or affect plant operation. The proposed change will have no impact on any safety related structures, systems or components. The reporting requirement section of the FOL is not required because the requirements are either adequately addressed by 10 CFR 51172 and 10 CFR 50.73, or other regulatory requirements, or are not required based on the nature of the Condition.

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

2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

Response : No. The proposed change has no impact on the design, function or operation of any plant structure, system or component. The proposed change is administrative in nature and does not affect plant equipment or accident analyses. The reporting requirement section of the FOL is not required because the requirements are

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 16 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 either adequately addressed by 10 CFR 50.72 and 10 CFR 50.73, or other regulatory requirements, or are not required based on the nature of the Condition.

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

3. Does the proposed change involve a significant reduction in a margin of safety?

Response : No. The proposed change is administrative in nature, does not negate any existing requirement, and does not adversely affect existing plant safety margins or the reliability of the equipment assumed to operate in the safety analysis. As such, there is no change being made to safety analysis assumptions, safety limits or safety system settings that would adversely affect plant safety as a result of the proposed change.

Margins of safety are unaffected by deletion of the reporting requirement that is adequately addressed elsewhere.

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

Based on the above, Exelon and AmerGen conclude that the proposed amendments present no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and according", a finding of "no significant hazards consideration" is justified.

5.2 Applicable Regulatory Requirements/Criteria 10 CFR 50.72, "Immediate notification requirements for operating nuclear power reactors,"

contains general requirements (section (a)), requirements for reporting non-emergency events (section (b)), and requirements for providing followup, notification (section (c)).

10 CFR 50.73, "Licensee event report system," (a) Reportable events, (1) The holder of an operating license for a nuclear power plant (licensee) shall submit a Licensee Event Report (LER) for any event of the type described in this paragraph within 60 days after the discovery of the event. In the case of an invalid actuation reported under § 50.73(a)(2)(iv),

other than actuation of the Reactor Protection System (RPS) when the reactor is critical, the licensee may, at its option, provide a telephone notification to the NRC Operations Center within 60 days after discovery of the event instead of submitting a written LER. Unless otherwise specified in this section, the licensee shall report an event if it occurred within three yews of the date of discovery regardless of the plant mode or power level, and regardless of the significance of the structure, system, or component that initiated the event.

10 CFR 73.71, "Reporting of safeguards events," contains specific reporting requirements for safeguards events that relate to the physical security and the safeguards contingency plans.

The reporting requirement section of each affected FOL requires Exelon or AmerGen to notify the NRC via the Emergency Notification System of violations of the requirements in specified sections of the FOL within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submit a followup written report within 30 days (14 days for LaSalle County Station). The proposed change will reduce unnecessary

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 17 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 regulatory burden due to overlapping reporting requirements and will allow Exelon and AmerGen to take full advantage of the revisions to 10 CFR 50.72 and 10 CFR 50.73.

In conclusion, based on the considerations discussed above, (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.

6.0 ENVIRONMENTAL CONSIDERATION

The proposed amendments do not involve (i) a significant hazards consideration, (ii) a significant change in the types or significant increase in the amounts of any effluents that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure. In addition, the proposed amendments involve changes to recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the proposed amendments meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9) and (10). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement, or environmental assessment need be prepared in connection with the proposed amendments.

7.0 REFERENCES

1.

10 CFR 50.72, "Immediate notification requirements for operating nuclear power reactors"

2. 10 CFR 50.73, "Licensee event report system

3. 10 CFR73.71, "Reporting of safeguards events" 4.

Letter dated March 26, 1999, from Daniel S. Collins, USNRC, to J. E. Cross, Duquesne Light Company, "Beaver Valley Power Station, Unit Nos. 1 and 2 (TAC Nos. MA3839 and MA3840)'

5.

Letter dated August 16, 2001, from David J. Wrong, USNRC to William T. Goole, STP Nuclear Operating Company "South Texas Project, Units 1 and 2 - Issuance of Amendments on Reporting Requirements (TAC Nos. MB1057 and MB1058)"

6. Letter dated September 24, 2001, from Jack Donohew, USNRC to Otto L. Maynard, Wolf Creek Nuclear Operating Corporation, "Wolf Creek Generating Station - Issuance of Amendment Regarding Deletion of License Conditions and Revision to Steam Generator Tube Inspection Table 5.5.9-2 (TAC No. MB1 611)"

7. Letter dated May 15, 2003, from David H. Jaffe, USNRC to C. Lance Terry, TXU Energy, "Comanche Peak Steam Electric Station (CPSES), 04s 1 and 2 - Issuance of Amendments RE : Deletion of Unnecessary License Conditions and Reporting Requirements (TAC Nos.

MB5770 and MB5771)"

Exelon/AmerGen FOL Reporting Requirement Deletion LAR Docket Nos. STN 50-456, 457, 454, 455 Page 18 of 18 Docket Nos. 50-461, 237, 373, 374, 352, 353, 219 8.

Letter dated May 16, 2003, from John F. Stang, USNRC to William T. O'Connor, Detroit Edison Company, "Fermi 2 - Issuance of amendment RE : Deletion of Three Obsolete License Conditions and the Reporting Requirements in the Operating License (TAC No.

NAB5170)'

ATTACHMENT 2 LICENSE AMENDMENT REQUEST DOCKET NOS. STN 50-456,457,454,455 DOCKET NOS. 50-461, 237, 373, 374, 352, 353, 219 PROPOSED CHANGE TO DELETE THE REPORTING REQUIREMENT SECTION OF THE FACILITY OPERATING LICENSE MARKED-UP FACILITY OPERATING LICENSE PAGES FOR THE PROPOSED CHANGE Braidwood, Unit 1, Facility Operating License - Page 5 Braidwood, Unit 2, Facility Operating License - Page 6 Byron, Unit 1, Facility Operating License - Page 5 Byron, Unit 2, Facility Operating License - Pages 4b and 5 Clinton, Unit 1, Facility Operating License - Page 8 Dresden, Unit 2, Facility Operating License - Page 7 LaSalle, Unit 1, Facility Operating License - Page 22 LaSalle, Unit 2, Facility Operating License - Page 14 Limerick, Unit 1, Facility Operating License - Page 8 Limerick, Unit 2, Facility Operating License - Page 5 Oyster Creek Facility Operating License - Page 5

BRAT DWOOD STATION UNIT 1

F.

Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans',

which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Braidwood Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated O~?bee r 22, 2004.

- "'d or En ton al r

item s

i e. initial otifi~"

Via t Emer dance~w ith'the The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic.Energy Act of 1954, as amended, to cover public liability claims.

This license is effective as of the date of issuance and shall expire at midnight on October 17, 2026.

original signed by :

Thomas E. Money, Director Office of Nuclear Reactor Regulation Attachments:

1. Work Items to be completed

2. Appendix A - Technical Specifications (NUREG-1276)

3. Appendix B - Environmental Protection Plan

4. Appendix C - Additional Conditions Date of Issuance : July 2, 1987 FOR THE NUCLEAR REGULATORY COMMISSION ncy

' The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. +99 Revised by letter dated October 28, 2004

BRAIDWOOD STATION UNIT 2

F.

Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 C FR 73.55 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans',

which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Braidwood Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.

H.

-r M r.

J'i 4

i the shall f this if ho ur ith wri ed in chni Specif port y violatl' ease ' the f of yo the C Op fen fall up wi CFR

.73(b tions r Envir ns of e requj ing nner:

tons enter n thirt ays i (c}, an (e).

nmen ment ial n the ccord9 icati cy ce the 2.C vide

')see The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I.

This license is effective as of the date of issuance and shall expire at midnight on December 18, 2027.

Attachments :

1. Work Items to be completed

2. Appendix A -Technical Specifications

3. Appendix B - Environmental Protection Plan

4. Appendix C - Additional Conditions Date of Issuance: May 20, 1988 FOR THE NUCLEAR REGULATORY COMMISSION original signed by:

James H. Sniezek, Deputy Director Office of Nuclear Reactor Regulation The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 489 Revised by letter dated October 28, 2004

BYRON STATION UNIT 1

Appendices :

1.

Appendix A - Technical Specifications (NUREG-11'13) 2. Appendix B " Environmental Protection Plan 3. Appendix C - Additional Conditions Date of Issuance: February 14, 1985 5-Exce as Pr eCti f

nt ' ed n ' icatio merg cy ace ance erwi provid in the chnica pacific eons or viro entao nTle lice ee shal port a violati s of the quire ants in coon of thi cense i he foil in g ma er.

i ' at shall b ade in 24 h ra to NR C C?

ratio Cen viaAe No if(cation tem w' written Ilowup hin

' y da in h the p cedura ascrib in 10 50.7 b). (

and 46).

The licenses shall have and maintain financial protection of such type sand in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

original signed by:

This license is effective as of the date of issuance end shall expire at midnight October 31, 2024.

FOR THE NUCLEAR REGULATORY COMMISSION Harold R. Demon, Director Office of Nuclear Reactor Regulation

BYRON STATION UNIT 2

-4b-The facility requires no exemptions from the requirements of 10 CFR Part 50.

An exemption was previously granted pursuant to 10 CFR 70.24. The exemption was granted with N RC materials license No. SNM-1916, issued March 4,1985, and relieved the licensee from the requirement of having a criticality alarm system. Therefore, the licensee is exempted from the criticality alarm system provision of 10 CFR 70.24 so far as this section applies to the storage of fuel assemblies held under this license.

The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the licensee's Fire Protection Report and the licensee's letters dated September 23, 1986, October 23, 1986, November 3, 1986, December 12 and 15, 1986, and January 21, 1987, and as approved in the SER dated February 1982 through Supplement No. 8, subject to the following provision:

The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans',

which contain Safeguards Information protected under 10 CFR 73.21, is entitled :

"Byron Nuclear Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated Octob r 21, 2004.

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Ex pt a othe ise pr vide n th ech P otec nn PI

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cifications S

y vy6latior)d of t r En re ironyne irement

' The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 4+5 Revised by letter dated October 28, 2004

Attachments:

1. Revision to Appendix A -

Technical Specifications (NUREG-1 113)

2. Appendix C - Additional Conditions Date of Issuance : January 30, 1987 co aine epE a C.

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~h ens Kin the fibllowi? man r:

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pe tion or a t e item

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thirty ye i fo dure~ tescrio~d in 1 CF 5.73(b) c),

H.

The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

This license is effective as of the date of issuance and shall expire at midnight an November 6, 2026.

FOR THE NUCLEAR REGULATORY COMMISSION original signed by :

Harold R. Denton, Director Office of Nuclear Reactor Regulation AMENDMENT NO. 110 AUG 1 C to:

CLINTON POWER STATION UNIT 1

These exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. The exemptions in items (b) and (c) above are granted pursuant to 10CFR5&la With these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

E.

AmerGen Energy Company, LLC shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 7305 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans',

which contain Safeguards Information protected under 10 CFR 73.21, is entitled :

• Clinton Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.

F.

AmerGen Energy Company, LLC shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report as amended, for the Clinton power Station, Unit No. 1, and as approved in the Safety Evaluation Report (NTJREG-0853) dated February 1982 and Supplement Nos. I thru 8 thereto subject to the following provision :

AmerGen Energy Company, LLC may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

Except as ot~ise provided jn-the Technlcal~lflcations or Erivii'onmental Protecti the re initi an, AmerGeaqEnergy Compa, LLC shall repodafiy violations of rements con

. e in Section of this license e following notification s 0 be made with' 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> to the ~IXC Operations enter e Emerge y Notification Stem with written Joflowup within Y^

days in

~, accordance h the procedures described in 10_ 12F R 50.73(b), ~eY, and (e).

I The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

DRESDEN NUCLEAR POWER STATION UNIT 2

G.

to achieve and maintain safe shutdown are free of fire damage. These exemptions were granted and sent to the licensee in letters dated February 2, 1983, September 28, 1987, July 6, 1989, and August 15, 1989.

In addition, the facility has been granted certain exemptions from Sections II and III of Appendix J to 10 CFR Part 50, "Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors." This section contains leakage test requirements, schedules and acceptance criteria for tests of the leak-tight integrity of the primary reactor containment and systems and components which penetrate the containment. These exemptions were granted and sent to the licensee in a letter dated June 25, 1982.

These exemptions granted pursuant to 10 CFR 50.12 are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. With these exemptions, the, facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Reports dated March 22, 1978 with supplements dated December 2, 1980, and February 12, 1981 ;

January 19, 1983 ; July 17, 1987; September 28, 1987 ; and January 5, 1989, subject to the following provision:

The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

NRC Ltr F.

The licensee shall fully implement and maintain in effect all provisions of the 10129104 Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans', which contain Safeguards Information protected under 10 CFR 73.21, is entitled : "Dresden Nuclear Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 20~0~~

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fol ing nner:

Oper ons to 11 with' 0 d m

7 _), (c, and

' The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Renewed License No. DPR-19

LASALLE COUNTY STATION UNIT 1 03/30/01 License No. NPF-11 This license is subject to the following additional condition for the protection of the environment:

Before engaging in additional construction or operational activities which may result in a significant adverse environmental impact that was not evaluated or that is significantly greater than that evaluated in the Final Environmental Statement and its Addendum, the licensee shall provide a written notification to the Director of the Office of Nuclear Reactor Regulation and receive written approval PA AV,

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- i repo The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

This license is effective as of the date of issuance and shall expire April 17, 2022.

FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By from that office before proceeding with such activities.

HAROLD R. DENTON, DIRECTOR OFFICE OF NUCLEAR REACTOR REGULATION E.

Am. 4 08/13/82 G.

Am. 4 H.

08/13182

LASALLE COUNTY STATION UNIT 2

F.

03/30/01 License No. NPF-18 operate, to the extent authorized herein, in conformity with the application, as amended, and the rules and regulations of the Commission (except as hereinafter exempted therefrom), and the provisions of the Act.

E.

Before engaging in additional construction or operational activities which may result in a significant adverse environmental impact that was not evaluated or that is significantly greater than that evaluated in the Final Environmental Statement and its Addendum, the licensee shall provide a written notification to the Director of the Office of Nuclear Reactor Regulation and receive written approval from that office efore proceeding with such activities.

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V4 H.

The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I.

This license is effective as of the date of issuance and shall expire at Midnight on December 16, 2023.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by D.C. Eisenhut for HAROLD R. DENTON, DIRECTOR OFFICE OF NUCLEAR REACTOR REGULATION

LIMERICK GENERATING STATION UNIT 1

E.

Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans', which contains Safeguards Information protected under 10 CFR 73.21, is entitled :

"Limerick Generating Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.

F These exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. Therefore these exemptions are hereby granted pursuant to 10 CFR 50.12 and 50.47(c)

. With the granting of these exemptions the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

pans G.

The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accord-ance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Revised by letter dated December 10, 2004

LIMERICK GENERATING STATION UNIT 2

E.

the local leak rate testing of the Traversing Incore Probe Shear Valves (Section 6.2.6.1 of the SER and SSER-3), and (d) an exemption from the schedule requirements of 10 CFR 50.33(k)(1) related to availability of funds for decommissioning the facility (Section 22.1, SSER 8).

The special circumstances regarding exemptions (a), (b) and (c) are identified in Sections 6.2.6.1 of the SER and SSER 3.

An exemption from the criticality monitoring requirements of 10 CFR 70.24 was previously granted with NRC materials license No. SNM-1977 issued November 22, 1988.

The licensee is hereby exempted from the requirements of 10 CFR 70.24 insofar as this requirement applies to the handling and storage of fuel assemblies held under this license.

These exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

The exemptions in items a, b, c, and d above are granted pursuant to 10 CFR 50.12.

With these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

Z>eld? -e d F.

The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

Amendment No.

2

OYSTER CREEK GENERATING STATION

D.

The facility has been granted certain exemptions from the requirements of Section III.G of Appendix R to 10 CFR Part 50, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979."

E.

This section relates to fire protection features for ensuring the systems and associated circuits used to achieve and maintain safe shutdown are free of fire damage. These exemptions were granted and sent to the licensee in letters dated March 24, 1986 and June 25,1990.

The facility has also been granted certain exemptions from the requirements of Section III.J of Appendix R to 10 CFR Part 50, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979." This section relates to emergency lighting that shall be provided in all areas needed for operation of safe shutdown equipment and in access and egress routes thereto. This exemption was granted and sent to the licensee in a letter dated February 12, 1990.

In addition, the facility has been granted certain exemptions from Section 55.45(b)(2)(iii) and (iv) of 10 CFR Part 55, "Operators' Licenses." These sections contain requirements related to site-specific simulator certification and require that operating tests will not be administered on other than a certified or an approved simulation facility after May 26, 1991. These exemptions were granted and sent to the licensee in a letter dated March 25, 1991.

These exemptions granted pursuant to 10 CFR 50.12 are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. With these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

Z~lelew Amendment No. 242