ML051220624

Ltr., Audit of Licensees Management of Regulatory Commitments

ML051220624
Person / Time
Site:	Saint Lucie
Issue date:	05/04/2005
From:	Moroney B NRC/NRR/DLPM/LPD2
To:	Stall J Florida Power & Light Co
Arroyo J, NRR/DLPM, 301-415-2149
References
Download: ML051220624 (13)

Text

May 4, 2005 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 SUBJECT ST. LUCIE NUCLEAR PLANT - AUDIT OF THE LICENSEES MANAGEMENT OF REGULATORY COMMITMENTS

Dear Mr. Stall:

Once every 3 years, the U. S. Nuclear Regulatory Commission (NRC) staff is required to audit a licensees commitment management program in accordance with the NRC Office of Nuclear Reactor Regulation Office Instruction LIC-105, Managing Regulatory Commitments Made by Licensees to the NRC. LIC-105, which is publicly available electronically from the Agencywide Documents Access and Management Systems Public Electronic Reading Room on the Internet at the NRC web site (Accession Number ML022750041), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made to the NRC staff by licensees for commercial nuclear reactors. The guidance is consistent with the industry guidance prepared by the Nuclear Energy Institute (NEI), NEI 99-04, Guidance for Managing NRC Commitment Changes.

An audit of St. Lucies commitment management program was performed at the plant site during the period April 11 through 13, 2005. The NRC staff concludes, based on the audit, that (1) St. Lucie had implemented NRC commitments on a timely basis, and (2) St. Lucie had implemented an effective program for managing NRC commitment changes. Details of the audit are set forth in the enclosed audit report.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Audit Report cc w/encl: See next page

May 4, 2005 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 SUBJECT ST. LUCIE NUCLEAR PLANT - AUDIT OF THE LICENSEES MANAGEMENT OF REGULATORY COMMITMENTS

Dear Mr. Stall:

Once every 3 years, the U. S. Nuclear Regulatory Commission (NRC) staff is required to audit a licensees commitment management program in accordance with the NRC Office of Nuclear Reactor Regulation Office Instruction LIC-105, Managing Regulatory Commitments Made by Licensees to the NRC. LIC-105, which is publicly available electronically from the Agencywide Documents Access and Management Systems Public Electronic Reading Room on the Internet at the NRC web site (Accession Number ML022750041), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made to the NRC staff by licensees for commercial nuclear reactors. The guidance is consistent with the industry guidance prepared by the Nuclear Energy Institute (NEI), NEI 99-04, Guidance for Managing NRC Commitment Changes.

An audit of St. Lucies commitment management program was performed at the plant site during the period April 11 through 13, 2005. The NRC staff concludes, based on the audit, that (1) St. Lucie had implemented NRC commitments on a timely basis, and (2) St. Lucie had implemented an effective program for managing NRC commitment changes. Details of the audit are set forth in the enclosed audit report.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Audit Report cc w/encl: See next page DISTRIBUTION:

PUBLIC OGC EHackett PDII-2 R/F MMarshall BMoroney JArroyo ACRS MKotzalas WReckley JMunday, RII BClayton (Paper copy)

ACCESSION No.: ML051220624 NRR-106 OFFICE PDII-2\\PE PDII-2\\PM PDII-2\\LA PDII-2\\SC NAME JArroyo BMoroney BClayton MMarshall DATE 05/ 03 /05 05/ 03 /05 05/ 03 /05 05/ 04 /05 OFFICIAL RECORD COPY

ENCLOSURE AUDIT REPORT BY THE OFFICE OF NUCLEAR REACTOR REGULATION LICENSEE MANAGEMENT OF REGULATORY COMMITMENTS ST. LUCIE NUCLEAR PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-335 AND 50-389

1.0 INTRODUCTION AND BACKGROUND

On May 27, 2003, the U.S. Nuclear Regulatory Commission (NRC) published the Office of Nuclear Reactor Regulation (NRR) Office Instruction LIC-105, Managing Regulatory Commitments Made by Licensees to the NRC. LIC-105 provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made to the NRC staff by licensees for commercial nuclear reactors. The guidance is consistent with the industry guidance issued by the Nuclear Energy Institute (NEI) in NEI 99-04, Guidance for Managing NRC Commitment Changes. The current revision to LIC-105 is publicly available electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site (Accession Number ML042320463).

According to LIC-105, which cites the definition from NEI-99-04, a regulatory commitment is an explicit statement to take a specific action agreed to, or volunteered by, a licensee and submitted in writing on the docket to the NRC. LIC-105 further directs the NRR Project Manager to audit the licensees commitment management program by assessing the adequacy of the licensees implementation of a sample of commitments made to the NRC in past licensing actions (amendments, reliefs, exemptions, etc.) and activities (bulletins, generic letters, etc.). The audit is to be performed every 3 years.

2.0 AUDIT PROCEDURE AND RESULTS Since this was the first audit performed since issuance of LIC-105, the NRC staff defined the period covered by this audit to go back approximately 3 years from the date of the audit. The audit was performed at the St. Lucie site during the period April 11 through 13, 2005. In accordance with LIC-105, audits consist of two major parts: (1) verification of the licensees implementation of NRC commitments that have been completed and (2) verification of the licensees program for managing changes to NRC commitments.

2.1 Verification of Licensees Implementation of NRC Commitments The primary focus of this part of the audit is to confirm that the licensee has implemented those commitments made to the NRC as part of past licensing actions/activities. For commitments not yet implemented, the NRC staff aimed to ascertain that they have been captured in an effective program for future implementation.

2.1.1 Audit Scope LIC-105 limits the audit of commitments to those made in writing to the NRC as a result of past licensing actions (amendments, exemptions, etc.) or licensing activities (bulletins, generic letters, etc.). Before the audit, the NRC staff searched ADAMS for the licensees licensing action and licensing activity submittals dated in the last 3 years. Some of these submittals contain regulatory commitments, but the NRC staff found that commitments meeting the definition in LIC-105 are few in number. The scope of the audit was, therefore, increased to include a sample of licensing actions that contained implicit commitments, such as the need to revise procedures as part of the implementation process.

Per LIC-105 guidelines, the audit excluded the following types of commitments:

(1)

Commitments as a result of Licensee Event Reports (LERs) - These commitments are controlled by the licensees LER process, which is imposed by Title 10 of the Code of Federal Regulations Section 50.73.

(2)

Commitments made on the licensees own initiative among internal organizational components.

(3)

Commitments that pertain to milestones of licensing actions/activities (e.g., respond to an NRC request for additional information by a certain date). Fulfillment of these commitments was indicated by the fact that the subject licensing action/activity was completed.

(4)

Commitments made as an internal reminder to take actions to comply with existing regulatory requirements such as regulations, Technical Specifications (TSs), and Updated Final Safety Analysis Reports. Fulfillment of these commitments was indicated by the licensee having taken timely action in accordance with the subject requirements.

2.1.2 Audit Results The NRC staff reviewed reports generated by the tracking programs for the commitments to evaluate the status of completion. The attached summary provides details of the audit and its results.

The NRC staff found that the licensees commitment tracking programs had captured all the regulatory commitments that were identified by the NRC staff before the audit. The NRC staff found that the licensee had properly addressed each regulatory commitment selected for this audit.

2.2 Verification of the Licensees Program for Managing NRC Commitment Changes The NRC staff reviewed the licensees procedure ADM-25.05, Revision 1E, NRC Commitment Management Program, against NEI 99-04. In particular, Section 1.0, Purpose, specifically states that the procedure is based on NEI-99-04. In general, the NRC staff found that ADM-25.05, Revision 1E, follows closely the guidance of NEI-99-04: it sets forth the need for identifying, tracking and reporting commitments, and it provides a mechanism for changing commitments. Attachment 1 of ADM-25.05, Revision 1E, provides detailed instructions regarding making changes to a commitment and contains a data sheet to document the evaluation and approval of changes.

The Licensing Manager is responsible for the commitment management program. The audit determined that the Licensing Department staff was maintaining appropriate records of commitments and commitment changes.

Procedure ADM-25.05, Revision 1E, says commitments will be tracked in the Plant Management Action Item system, but this was changed in the middle of 2004. Commitments are now tracked in the Station Issue Tracking and Information System, which is part of the Florida Power & Light corporate corrective action process. ADM-25.05 had not been updated to reflect the change at the time of the audit. The St. Lucie licensing staff stated they would initiate a procedure change request.

The NRC staff reviewed examples of open-item tracking in both systems. Both systems indicate the required action, responsible party and indicate the status. Internal due dates are generally established in advance of the formal commitment date to ensure implementation and closure prior to the date committed to the NRC. Closure requires completed actions (e.g.,

completed modification or issued procedure revision).

Traceability of commitments in procedure revisions is achieved by use of the symbols § or ¶ next to affected procedure steps.

The § symbol indicates a regulatory commitment made by TSs, condition of license, audit, LER, bulletin, operating experience, license renewal, etc., and shall not be revised without facility review group review and plant general manager approval.

The ¶ symbol indicates a management directive, vendor recommendation, plant practice, or other non-regulatory commitment that should not be revised without consultation with the plant staff.

The audit determined that these symbols were being used in procedures.

Procedure ADM-25.05 contains detailed instructions regarding changes to commitments, including the need to inform the NRC. In the past 3 years, only six changes had been made (four in 2002, two in 2003 and none in 2004). Since none of the changes were evaluated as needing prior NRC notification, they were included in an annual summary report. The NRC staff reviewed a sample of these change evaluations and found that they had been properly documented as required by ADM-25.05. As a result of review of the licensees information, the NRC staff found no reason to differ from the licensees reported status of the audited commitments. Thus, the NRC staff concludes that the procedure used by the licensee to manage commitments is appropriate and effective.

3.0 CONCLUSION

The NRC staff concludes that, based on the above audit, (1) the licensee had implemented or is tracking for future implementation regulatory commitments; and (2) the licensee had implemented an effective program to manage regulatory commitment changes.

4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT Kenneth Frehafer George Madden Terry Patterson Principal Contributors: Brendan Moroney Jose Arroyo

Attachment:

Summary of Audit Results

Attachment

SUMMARY

OF AUDIT RESULTS COMMITMENTS:

1. Amendment No. 138 (Unit 2) dated January 31, 2005, approved use of the Westinghouse methodology for core calculations and an increase in steam generator tube plugging limit to 30 percent.

a. The amendment included commitments for periodic contact with the Florida Power

& Light System Operator to verify operability of the contingency analysis program and to compare actual to predicted values following a plant trip.

The licensee had revised the following procedures to include these requirements:

Operations Surveillance Procedure 2-OSP-100, Schedule of Periodic Tests, Checks and Calibrations.

Operating Procedure 0030119, Revision 35, Post Trip Review.

b. The amendment included a commitment to revise chemistry procedures for determining steam generator primary-to-secondary leakage to account for density differences between hot and cold conditions.

The licensee had issued Revision 9A to Chemistry Operating Procedure COP-06.05, High activity in a Steam Generator. The revised sections are annotated with the symbol §.

c.

The amendment included a commitment to isolate steam generators following an accident once shutdown cooling was placed in service.

The licensee had revised Operating Procedure 2-NOP-03.05, Shutdown Cooling, to include the commitment.

d. The amendment included a license condition regarding Zirlo cladding.

The licensee had created action items to update the Updated Final Safety Analysis Reports (UFSARs) and other design basis documents.

e. The amendment deleted the minimum Reactor Coolant System (RCS) flow value from the Technical Specification (TS) and authorized moving it to a licensee-controlled document.

The licensee had revised RCS Flow Calculation OP-2-0120051 and annotated it with the symbol ¶.

2. Amendment Nos. 192 (Unit 1) and 135 (Unit 2) dated July 9, 2004, approved installation of fuel storage racks in the Spent Fuel Pool (SFP) cask pit area for additional temporary storage. The amendment included a commitment to limit the number of elements in the racks to allow for subsequent removal to offload fuel.

At the time of the audit, the licensee had installed the additional rack only in the Unit 1 SFP.

Administrative Procedure 1-0010250, Revision 8, Guidelines for use of the Unit 1 High Density Spent Fuel Racks, incorporates the limit and identifies it with the regulatory commitment symbol.

3. Relief Request Nos. 23 (Unit 1) and 5 (Unit 2) dated May 18, 2004, approved use of the half-nozzle repair of small bore nozzles in the RCS for one additional cycle, subject to satisfactory inspection for leakage prior to start-up.

The following procedures require removal of insulation and inspection of all RCS and pressurizer nozzles prior to entering Mode 4 following a refueling outage and are annotated with the regulatory symbol:

Unit 1 Operating Procedure 1-0120022, Revision 42A, Reactor Coolant System Leak Test Unit 2 Operating Procedure 2-0120022, Revision 36A, Reactor Coolant System Leak Test IMPLEMENTATION OF AMENDMENTS:

1. Amendment Nos. 182 (Unit 1) and 125 (Unit 2) dated May 30, 2002 These amendments revised the Containment Vacuum Relief Valves Allowed Outage Time. They also included moving certain specific items from the TSs to the TS Bases.

Licensee actions included revisions to:

Procedure ADM-25.04 St. Lucie Plant Technical Specifications Bases Control Program and Technical Specification Bases. Revision 5 - Revised Attachment 8 to both Units of the TS Bases for the amendments.

TS Bases Section 3/4.6 for both Units Documents were revised before the implementation date.

2. Amendment Nos. 185 (Unit 1) and 128 (Unit 2) dated September 10, 2002 These amendments authorized moving the Work Hour Limits and Controls from the TSs to an administrative procedure.

Licensee actions included revisions to:

Procedure ADM-09.07 Overtime Limitations for Plant Personnel. Revision 4 -

Implemented TS amendments. Procedure changes include regulatory related symbols.

Procedure was revised before the implementation date.

3. Amendment Nos. 187 (Unit 1) and 130 (Unit 2) dated April 10, 2003 These amendments extended the Integrated Leak Rate Test interval to 15 years.

Licensee actions included revisions to:

Procedure ADM-68.01 - Containment Leakage Rate Testing Program.

Revision 7 - Incorporated information on the 5-year extension.

Procedure 0010141 - Operations Support Engineering Schedule for TS Surveillance Requirements. Revision 23 - Incorporated updated surveillance information.

Documents were revised before the implementation date.

4. Amendment Nos. 188 (Unit 1) and 132 (Unit 2) dated September 30, 2003 These amendments revised the TS requirements for the time that Engineered safety features activation system instrumentation can be in the bypassed or tripped condition.

Licensee actions included revisions to:

Procedure 1-ONP-99.01 - Unit 1 Loss of TS Instrumentation.

Revision 12 - Incorporated amendment.

Procedure 2-ONP-99.01 - Unit 2 Loss of TS Instrumentation.

Revision 16 - Incorporated amendment.

Procedure OPS-503 - TS Guidance. Revision 4 - Incorporated amendment.

Sheets for UFSAR update in package Procedure 1-IMP-09.09 - AFW [Auxiliary Feedwater] Actuation System Place Channel in Trip Condition. Revision 2 - Incorporated amendment.

Procedure 1-IMP-09.09 - AFW Actuation System Place Channel in Trip Condition.

Revision 2 - Incorporated amendment.

All documents were revised before implementation date.

5. Amendment Nos. 190 (Unit 1) and 134 (Unit 2) dated April 28, 2004 These amendments removed the spent fuel crane limits from the TSs to the UFSARs.

Licensee actions included revisions to:

Procedure 1-IMP-67.01 - Spent Fuel Machine Load Systems Calibration.

Revision 3C - Deleted reference to TSs.

Procedure 1-IMP-67.04 - Refueling Equipment Software Operation.

Revision 2A - Deleted reference to TSs.

Procedure 2-IMP-67.01 - Spent Fuel Machine Load Systems Calibration.

Revision 7A - Deleted reference to TSs.

Procedure 2-IMP-67.04 - Refueling Equipment Software Operation.

Revision 1A - Deleted reference to TSs.

Procedure M-0922 - Removal of Irradiated Components (Incore Detectors) from the Spent Fuel Pool for Disposal. Revision 6A - Deleted reference to TSs.

Procedure MMP-01.08 - Reactor Vessel Surveillance Capsule Preparation for Shipment. Revision 4B - Deleted reference to TSs.

Procedure 1-NOP-67.02 - Spent Fuel Handling Machine Operations.

Revision 7 - Deleted reference to TSs.

Procedure 2-NOP-67.02 - Spent Fuel Handling Machine Operations.

Revision 11-Deleted reference to TSs.

All procedures were revised before the implementation date.

Also, UFSAR update request forms have been issued for Chapters 9.1 and 13.8 (Unit 1) and Chapters 13.7, and 13.8 (Unit 2).

6. Amendment No. 193 (Unit 1) dated September 23, 2004 This amendment allowed credit for soluble boron for reactivity control in the SFP and removed the requirement for Boraflex. Approval was based on limiting fuel storage in the SFP to certain configurations.

Although the amendment is not required to be implemented until 9/30/05, licensee actions to date include:

Developed Procedure 1-LOI-ENG Unit 1 Spent Fuel Pool Reconfiguration to Support Elimination of Boraflex Credit.

PC/M 03098 - Engineering Package for reconfiguration of Spent Fuel to comply with the amendment.

The revised documents indicate that the licensee is taking appropriate steps to comply with the requirements of the amendment.

CHANGES TO REGULATORY COMMITMENTS:

Year 2002

1. Commitment regarding Generic Letter 96 Commitment to perform daily engineering evaluation and sampling if concentration of silica in SFP exceed 20 ppm.

Changed commitment to perform required actions above 100 ppm.

Procedure ADM-25.05 - NRC Commitment Management Program, determination (screening) checklist was used for determination of non-NRC approval for implementation. Checklist was completed properly, and the determination was appropriately justified. Notified NRC by annual letter of change made.

2. Commitment regarding Inspection Report (IR) 97 Stationing extra personnel at containment entrance during outages to ensure personnel are knowledgeable of applicable limits and margins. Revised to make this a management option and incorporated into a revision to Procedure HPP-23, Activities in the Reactor Containment Building During Shutdown.

Procedure ADM-25.05 - NRC Commitment Management Program, determination (screening) checklist used for determination of non-NRC approval for implementation.

Checklist was completed properly, and the determination was appropriately justified.

Notified NRC by annual letter of change made.

Year 2003

1. Commitment regarding IR 98 licensee had committed to having Plant Manager approve all extensions to Plant Management Action Item (PMAI) due dates. Revised procedure to require Department Manager approval for changes to Level 3 and first Level 2 PMAIs, and Plant Manager approval for Level 1 and subsequent Level 2 changes.

Procedure ADM-25.05 - NRC Commitment Management Program, determination (screening) checklist used for determination of non-NRC approval for implementation.

Checklist was completed properly, and the determination was appropriately justified.

Notified NRC by annual letter of change made.

Mr. J. A. Stall ST. LUCIE PLANT Florida Power and Light Company cc:

Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission P.O. Box 6090 Jensen Beach, Florida 34957 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004 Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. William Jefferson, Jr.

Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957-2000 Mr. G. L. Johnston Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 Mr. Terry Patterson Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 David Moore, Vice President Nuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. J. Kammel Radiological Emergency Planning Administrator Department of Public Safety 6000 Southeast Tower Drive Stuart, Florida 34997