ML050890440

Amendment No. 204, TS Revisions to Eliminate Monthly Operating and Annual Occupational Radiation Exposure Report Requirements (Tac No. MC5129)

ML050890440
Person / Time
Site:	Robinson
Issue date:	04/19/2005
From:	Chandu Patel NRC/NRR/DLPM/LPD2
To:	Moyer J Carolina Power & Light Co
Patel C P, NRR/DLPM, 415-3025
Shared Package
ML051100345	List: ML050890440 ML051110221
References
TAC MC5129
Download: ML050890440 (11)

Text

April 19, 2005 Mr. J. W. Moyer, Vice President Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, South Carolina 29550

SUBJECT:

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 - ISSUANCE OF AMENDMENT ON ELIMINATION OF REQUIREMENTS TO PROVIDE MONTHLY OPERATING REPORTS AND ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORTS (TAC NO. MC5129)

Dear Mr. Moyer:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 204 to Renewed Facility Operating License No. DPR-23 for the H. B. Robinson Steam Electric Plant, Unit No. 2 (HBRSEP2). This amendment changes the HBRSEP2 Technical Specifications (TS) in response to your application dated November 17, 2004.

The amendment changes the TS by eliminating the requirements to submit monthly operating reports and annual occupational radiation exposure reports.

A copy of the related Safety Evaluation is enclosed. Notice of Issuance will be included in the Commission's bi-weekly Federal Register notice.

Sincerely,

/RA/

Chandu P. Patel, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-261

Enclosures:

1. Amendment No. 204 to DPR-23

2. Safety Evaluation cc w/enclosures:

See next page

April 19, 2005 Mr. J. W. Moyer, Vice President Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, South Carolina 29550

SUBJECT:

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 - ISSUANCE OF AMENDMENT ON ELIMINATION OF REQUIREMENTS TO PROVIDE MONTHLY OPERATING REPORTS AND ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORTS (TAC NO. MC5129)

Dear Mr. Moyer:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 204 to Renewed Facility Operating License No. DPR-23 for the H. B. Robinson Steam Electric Plant, Unit No. 2 (HBRSEP2). This amendment changes the HBRSEP2 Technical Specifications (TS) in response to your application dated November 17, 2004.

The amendment changes the TS by eliminating the requirements to submit monthly operating reports and annual occupational radiation exposure reports.

A copy of the related Safety Evaluation is enclosed. Notice of Issuance will be included in the Commission's bi-weekly Federal Register notice.

Sincerely,

/RA/

Chandu P. Patel, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-261

Enclosures:

1. Amendment No. 204 to DPR-23

2. Safety Evaluation cc w/enclosures: See next page Distribution:

PUBLIC OGC W. Reckley P. Fredrickson, RII E. Hackett C. Patel PDII-2 Rdg. G. Hill (2) ACRS DLPM DPR M. Marshall E. Dunnington Package No.: ML051100345 NRR-058 ADAMS Accession NO.: ML050890440 TS: ML051110221 OFFICE CLIIP LPM PDII-2/PM PDII-2/LA PDII-2/SC NAME WReckley CPatel EDunnington MMarshall DATE 03/ 09 /05 03/ 28 /05 03/ 28 /05 04/ 08 /05 OFFICIAL RECORD COPY

CAROLINA POWER & LIGHT COMPANY DOCKET NO. 50-261 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 204 Renewed License No. DPR-23

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

A. The application for amendment by Carolina Power & Light Company (the licensee), dated November 17, 2004, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to the Technical Specifications, as indicated in the attachment to this license amendment; and paragraph 3.B. of Renewed Facility Operating License No. DPR-23 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 204, are hereby incorporated in the license. Carolina Power &

Light Company shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Michael L. Marshall, Jr., Chief, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications Date of Issuance: April 19, 2005

ATTACHMENT TO LICENSE AMENDMENT NO. 204 RENEWED FACILITY OPERATING LICENSE NO. DPR-23 DOCKET NO. 50-261 Replace the following pages of the Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages 5.0-26 5.0-26 5.0-27 5.0-27 5.0-32 5.0-32

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 204 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-23 CAROLINA POWER & LIGHT COMPANY H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261

1.0 INTRODUCTION

By letter dated November 17, 2004, the Carolina Power & Light Company (licensee) submitted a request for changes to the H. B. Robinson Steam Electric Plant, Unit No. 2, Technical Specifications (TS) (ADAMS Accession No. ML043280503). The requested changes would delete TS 5.6.1, Occupational Radiation Exposure Report, and TS 5.6.4, Monthly Operating Reports, as described in the Notice of Availability published in the Federal Register on June 23, 2004 (69 FR 35067).

2.0 REGULATORY EVALUATION

Section 182a. of the Atomic Energy Act of 1954, as amended, (the Act) requires applicants for nuclear power plant operating licenses to state TS to be included as part of the license. The Commissions regulatory requirements related to the content of TS are set forth in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36, Technical specifications. The regulation requires that TS include items in five specific categories, including (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance requirements; (4) design features; and (5) administrative controls.

However, the regulation does not specify the particular requirements to be included in a plants TS.

The Commission has provided guidance for the content of TS in its Final Policy Statement on Technical Specification Improvements for Nuclear Power Reactors (58 FR 39132, published July 22, 1993), in which the Commission indicated that compliance with the Final Policy Statement satisfies Section 182a. of the Act. The Final Policy Statement identified four criteria to be used in determining whether a particular item should be addressed in the TS as an LCO.

The criteria were subsequently incorporated into 10 CFR 50.36 (60 FR 36593, published July 19, 1995). While the criteria specifically apply to LCOs, the Commission indicated that the intent of these criteria may be used to identify the optimum set of administrative controls in TS.

Addressing administrative controls, 10 CFR 50.36 states that they are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. The specific content of the administrative controls section of the TS is, therefore, related to those programs and reports that the Commission deems essential for the safe operation of the facility, which are not

adequately covered by regulations or other regulatory requirements. Accordingly, the NRC staff may determine that specific requirements, such as those associated with this change, may be removed from the administrative controls in the TS if they are not explicitly required by 10 CFR 50.36(c)(5) and are not otherwise necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety.

The impetus for the monthly operating report (MOR) came from the 1973-1974 oil embargo.

Regulatory Guide 1.16, Revision 4, "Reporting of Operating Information - Appendix A Technical Specifications," published for comment in August 1975, identifies operating statistics and shutdown experience information that was desired in the operating report at that time. In the mid-1990s, the NRC staff assessed the information that is submitted in the MOR and determined that while some of the information was no longer used by the staff, the MOR was the only source of some data used in the NRC Performance Indicator (PI) Program of that time period (see NRC Generic Letter (GL) 97-02, Revised Contents of the Monthly Operating Report). Beginning in the late 1990s, the NRC developed and implemented a major revision to its assessment, inspection, and enforcement processes through its Reactor Oversight Process (ROP). The ROP uses both plant-level PIs and inspections performed by NRC personnel. In conjunction with the development of the ROP, the NRC developed the Industry Trends Program (ITP). The ITP provides the NRC a means to assess overall industry performance using industry level indicators and to report on industry trends to various stakeholders (e.g., Congress). Information from the ITP is used to assess the NRCs performance related to its goal of having no statistically significant adverse industry trends in safety performance.

The ITP uses some of the same PIs as the PI Program from the mid-1990s and, therefore, the NRC has a continuing use for the data provided in MORs. The NRC also uses some data from the MORs to support the evaluation of operating experience, licensee event reports, and other assessments performed by the staff and its contractors.

The reporting requirements for the MOR include challenges to the pressurizer power-operated relief valves (PORVs) or pressurizer safety valves. The reporting of challenges to the pressurizer PORVs or pressurizer safety valves was included in TS based on the guidance in NUREG-0694, TMI [Three Mile Island]-Related Requirements for New Operating Licensees.

The industry proposed and the NRC accepted the elimination of the reporting requirements in TS for challenges to the pressurizer PORVs or pressurizer safety valves in Revision 4 to TSTF-258, Changes to Section 5.0, Administrative Controls. The NRC staffs acceptance of TSTF-258 and subsequent approval of plant-specific adoptions of TSTF-258 are based on the fact that the information on challenges to relief and safety valves is not used in the evaluation of the MOR data, and that the information needed by the NRC is adequately addressed by the reporting requirements in 10 CFR 50.73, Licensee event reports.

Licensees are required by TS to submit annual occupational radiation exposure reports (ORERs) to the NRC. The reports, developed in the mid-1970s, supplement the reporting requirements currently defined in 10 CFR 20.2206, Reports of individual monitoring, by providing a tabulation of data by work areas and job functions. The NRC included data from the ORERs in its annual publication of NUREG-0713, Occupational Radiation Exposure at Commercial Nuclear Power Reactors and Other Facilities, through the year 1997, but no longer includes the data in that or other reports.

3.0 TECHNICAL EVALUATION

3.1 Monthly Operating Reports As previously mentioned, the administrative requirements in TS are reserved for the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. The current use of the information from the MORs is not related to reporting on or confirming the safe operation of specific nuclear power plants. Instead, the data is used by the NRC to assess and communicate with stakeholders regarding the overall performance of the nuclear industry. Data related to PIs for specific plants are reported to the NRC as part of the ROP. The NRC staff has determined that the MORs do not meet the criteria defined for requirements to be included in the administrative section of TS and the reporting requirement may, therefore, be removed.

Although the MORs do not satisfy the criteria for inclusion in TS, the NRC staff nevertheless has a continuing need to receive the data in order to compile its reports on industry trends and to support other evaluations of operating experience. In addition, information such as plant capacity factors that are reported in the MORs are useful to the NRC staff and are frequently asked for by agency stakeholders.

The NRC staff interacted with licensees, industry organizations, and other stakeholders during the development of the Consolidated Data Entry (CDE) program (currently being developed and maintained by the Institute of Nuclear Power Operation), regarding the use of an industry database like CDE to provide data currently obtained from MORs. These discussions also involved the related Revision 1 to TSTF-369, Removal of Monthly Operating Report and Occupational Radiation Exposure Report. As described in Section 4 of this safety evaluation, the licensee is making a regulatory commitment to continue to provide the data identified in GL 97-02 following the removal of the TS requirement to submit MORs and will, therefore, continue to meet the needs of the NRC staff for the ITP and other evaluations. The use of an industry database such as CDE is more efficient and cost-effective for both the NRC and licensees than would be having the NRC staff obtain the needed information from other means currently available. Should a licensee fail to satisfy the regulatory commitment to voluntarily provide the information, the NRC could obtain the information through its inspection program (similar to the process described in NRC Inspection Procedure 71150, Discrepant or Unreported Performance Indicator Data) with the licensee being charged for the time spent by the NRC staff.

The only significant changes resulting from the adoption of TSTF-369 are that the information will be provided quarterly instead of monthly (although the operating data will still be divided by month) and the form of the reporting will be from a consolidated database such as CDE instead of in correspondence from individual licensees. The change of reporting frequency to quarterly has some advantages for both the NRC staff and licensees, since it will coincide with the collection and submission of the ROP PI data. In terms of the specific method used to transmit the data to the NRC, the licensee has committed (see Section 4.0) to provide data identified in GL 97-02 on a quarterly basis. The NRC staff believes that the most efficient process for licensees and the NRC will be for all licensees to use a system such as CDE. Such systems have advantages in terms of improved data entry, data checking, and data verification and validation. The NRC will recognize efficiency gains by having the data from all plants reported

using the same computer software and format. Although the data may be transmitted to the NRC from an industry organization maintaining a database such as CDE, the licensee provides the data for the system and remains responsible for the accuracy of the data submitted to the NRC for its plant. The public will continue to have access to the data through official agency records accessible on the Agencywide Documents Access and Management System (ADAMS).

The content requirements for the MOR currently include information on challenges to the pressurizer PORVs or pressurizer safety valves. As discussed in the previous section, the NRC staff has documented in its approval of TSTF-258 and related plant-specific amendments that the reporting of challenges to pressurizer PORVs or pressurizer safety valves may be removed from TS since the information needed by the NRC is adequately addressed by the reporting requirements in 10 CFR 50.73. The NRC staff finds it acceptable to remove the requirement to report challenges to pressurizer PORVs or pressurizer safety valves along with the other reporting requirements associated with the MOR.

TS 5.6.8.b, Steam Generator Inspection Report, includes a requirement to include a report of steam generator tube inspections in the MOR for the period beginning after the inspection is completed. To reflect the elimination of the MOR, the licensee proposed to revise TS 5.6.8.b to require the report within 60 days after the steam generator tube inspection is completed. The licensees proposal maintains the current requirements, including the timing of the report, and is acceptable to the NRC staff.

3.2 Occupational Radiation Exposure Reports The information that the NRC staff needs regarding occupational doses is provided by licensees in the reports required under 10 CFR Part 20. The data from the Part 20 reports are sufficient to support the NRC trending programs, radiation-related studies, and preparation of reports such as NUREG-0713. Accordingly, the NRCs limited use of the ORER submitted pursuant to the existing TS requirements no longer warrants the regulatory burden imposed on licensees. Therefore, the NRC staff finds it acceptable that TS 5.6.1 is being deleted, and the ORER will no longer be submitted by the licensee.

4.0 VERIFICATIONS AND COMMITMENTS In order to efficiently process incoming license amendment applications, the NRC staff requested each licensee requesting the changes addressed by TSTF-369 using the CLIIP to address the following plant-specific regulatory commitment.

Each licensee should make a regulatory commitment to provide to the NRC using an industry database the operating data (for each calender month) that is described in Generic Letter 97-02 Revised Contents of the Monthly Operating Report, by the last day of the month following the end of each calendar quarter. The regulatory commitment will be based on use of an industry database (e.g., the industrys Consolidated Data Entry (CDE) program, currently being developed and maintained by the Institute of Nuclear Power Operations).

The licensee has made a regulatory commitment to provide the requested data via an industry database (e.g., the CDE) by the end of the month following each calendar quarter.

The NRC staff finds that reasonable controls for the implementation and for subsequent evaluation of proposed changes pertaining to the above regulatory commitment can be provided by the licensees administrative processes, including its commitment management program. The NRC staff has agreed that NEI 99-04, Revision 0, Guidelines for Managing NRC Commitment Changes, provides reasonable guidance for the control of regulatory commitments made to the NRC staff (see Regulatory Issue Summary 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff," dated September 21, 2000). The NRC staff notes that this amendment establishes a voluntary reporting system for the operating data that is similar to the system established for the ROP PI program. Should the licensee choose to incorporate a regulatory commitment into the final safety analysis report or other document with established regulatory controls, the associated regulations would define the appropriate change-control and reporting requirements.

5.0 STATE CONSULTATION

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

6.0 ENVIRONMENTAL CONSIDERATION

The amendment relates to changes in recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

7.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: W. Reckley Date: April 19, 2005

Mr. J. W. Moyer H. B. Robinson Steam Electric Plant, Carolina Power & Light Company Unit No. 2 cc:

David T. Conley Mr. C. T. Baucom Associate General Counsel II - Legal Supervisor, Licensing/Regulatory Programs Department H. B. Robinson Steam Electric Plant, Progress Energy Service Company, LLC Unit No. 2 Post Office Box 1551 Carolina Power & Light Company Raleigh, North Carolina 27602-1551 3581 West Entrance Road Hartsville, South Carolina 29550 Ms. Margaret A. Force Assistant Attorney General Ms. Beverly Hall, Section Chief State of North Carolina N.C. Department of Environment Post Office Box 629 and Natural Resources Raleigh, North Carolina 27602 Division of Radiation Protection 3825 Barrett Dr.

U. S. Nuclear Regulatory Commission Raleigh, North Carolina 27609-7721 Resident Inspectors Office H. B. Robinson Steam Electric Plant Mr. Robert P. Gruber 2112 Old Camden Road Executive Director Hartsville, South Carolina 29550 Public Staff - NCUC 4326 Mail Service Center Mr. Dan Stoddard Raleigh, North Carolina 27699-4326 Plant General Manager H. B. Robinson Steam Electric Plant, Mr. Henry H. Porter, Assistant Director Unit No. 2 South Carolina Department of Health Carolina Power & Light Company Bureau of Land & Waste Management 3581 West Entrance Road 2600 Bull Street Hartsville, South Carolina 29550 Columbia, South Carolina 29201 Mr. William G. Noll Mr. Chris L. Burton Director of Site Operations Manager H. B. Robinson Steam Electric Plant, Performance Evaluation and Unit No. 2 Regulatory Affairs PEB 7 Carolina Power & Light Company Progress Energy 3581 West Entrance Road Post Office Box 1551 Hartsville, South Carolina 29550 Raleigh, North Carolina 27602-1551 Public Service Commission Mr. John H. ONeill, Jr.

State of South Carolina Shaw, Pittman, Potts, & Trowbridge Post Office Drawer 11649 2300 N Street NW.

Columbia, South Carolina 29211 Washington, DC 20037-1128 J. F. Lucas Manager - Support Services - Nuclear H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company 3581 West Entrance Road Hartsville, South Carolina 29550