ML053010152

License Amendment Request 05-04, Revision to Technical Specification 5.3.1, Unit Staff Qualifications

ML053010152
Person / Time
Site:	Diablo Canyon
Issue date:	10/19/2005
From:	Oatley D Pacific Gas & Electric Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
DCL-05-121
Download: ML053010152 (27)

Text

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15D Pacific Gas and Electric Company' David H. Catley Diablo Canyon Power Plant Vice President and General Manager P. 0. Box 56 Avila Beach, CA 93424 805.545.4350 Fax: 805.545.4884 October 19, 2005 PG&E Letter DCL-05-121 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Diablo Canyon Units 1 and 2 License Amendment Request 05-04 Revision to Technical Specification 5.3.1, "Unit Staff Qualifications"

Dear Commissioners and Staff:

In accordance with 10 CFR 50.90, enclosed is an application for amendment to Facility Operating License Nos. DPR-80 and DPR-82 for Units 1 and 2 of the Diablo Canyon Power Plant (DCPP), respectively. The enclosed license amendment request (LAR) proposes to update the Technical Specification (TS) 5.3, "Unit Staff Qualifications," operator minimum qualification requirements contained in the March 28,1980 NRC letter to all licensees with the more recent NRC-approved operator qualification requirements contained in American National Standards Institute/American Nuclear Society (ANSI/ANS) 3.1-1993. In addition, the proposed changes remove the TS 5.3.1 plant staff retraining and replacement training program requirements which have been superseded by requirements contained in 10 CFR 50.120.

The operator minimum qualifications contained in the March 28, 1980 NRC letter to all licensees have been superseded by the licensed operator training program accredited by the Institute for Nuclear Power Operations and promulgation of the revised 10 CFR 55, "Operators' Licenses," which became effective on May 26,1987.

Pacific Gas & Electric Company (PG&E) uses NRC Form 398 to certify that a license applicant meets or exceeds the minimum education and experience guidelines currently outlined by the National Academy for Nuclear Training (NANT), which exceeds the requirements of Regulatory Guide (RG) 1.8, Revision 2, and RG 1.8, Revision 3. The NANT, RG 1.8, Revision 2, and RG 1.8, Revision 3 guidelines do not require that a senior operator applicant has previously held a reactor operator's license.

Ap~

A member of the STARS (Strategic Teaming and Resource Sharing)

AlLiance Callaway

• Comanche Peak

• Diablo Canyon.

Palo Verde

• South Texas Project

• Wolf Creek

Document Control Desk PG&E Letter DCL-05-121 October 19, 2005 Page 2 PG&E has used Form 398 since 1987 to certify the experience for senior reactor operator candidates who have never previously held a reactor operator license.

However, DCPP TS 5.3.1 requires that the licensed senior reactor operators meet or exceed the supplemental requirements specified in Section A of Enclosure 1 of the March 28, 1980 NRC letter to all licensees which requires that applicants for senior operator licenses shall have held an operator's license for 1 year. This TS condition has existed since 1984, when the DCPP Unit 1 TS became effective. This condition was entered into the DCPP corrective action program on December 24, 2004.

The update of the TS 5.3.1 operator minimum qualification requirements with the more recent NRC-approved requirements contained in RG 1.8, Revision 3 and ANSI/ANS 3.1-1993 has been previously approved by the NRC for Comanche Peak Units 1 and 2 in the NRC letter to TXU Energy, "

Subject:

Comanche Peak Steam Electric Station (CPSES), Units 1 and 2 - Issuance of Amendments RE: Unit Staff Qualifications (TAC Nos. MB4732 and MB4733)," dated September 4, 2002.

The replacement of the TS 5.3 licensed operator qualification requirements contained in the March 28, 1980 NRC letter to all licensees with more recent NRC approved requirements and the inclusion into the TS 5.3.1 operator minimum qualification requirements of the exceptions as clarified in the current revision to NUREG-1 021, Section ES-202, has been previously approved by the NRC for the Callaway plant in the NRC letter to Union Electric Company, "Callaway Plant, Unit 1, License Amendment 60, Revise Technical Specification 6.4.1, 'Training' (TAC 75506)," dated December 7, 1990.

The removal of the TS 5.3.1 plant staff retraining and replacement training program requirements has been previously approved by the NRC for Limerick Generating Station Unit 1 and 2 in the NRC letter to Excelon Nuclear, "Limerick Generating Station, Units 1 and 2 - Issuance of Amendment 160 & 122, Revising the TSs for LGs by Deleting Section 6.4, 'Training,' (TACs MB2692 and MB2693)," dated June 14, 2002. contains a description of the proposed changes, the supporting technical analyses, and the no significant hazards consideration determination.

Enclosures 2 and 3 contain marked-up and retyped TS pages, respectively. provides draft Final Safety Analysis Report (FSAR) Update changes resulting from the proposed changes. The FSAR Update changes are provided for information only and will be implemented pursuant to 10 CFR 50.59.

PG&E has determined that this LAR does not involve a significant hazard consideration as determined per 10 CFR 50.92. Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of this amendment.

A member of the STARS (Strategic Teaming and Resource Sharing)

Alliance Callaway

• Comanche Peak.

Diablo Canyon

• Palo Verde

• South Texas Project.

Wolf Creek

'1 S Document Control Desk October 19, 2005 Page 3 PG&E Letter DCL-05-121 The changes in this LAR are not required to address an immediate safety concern.

PG&E requests approval of this LAR no later than November 1, 2006. PG&E requests the license amendment(s) be made effective upon NRC issuance, to be implemented within 90 days from the date of issuance.

This communication contains no new commitments.

If you have any questions or require additional information, please contact Stan Ketelsen at 805-545-4720.

Sincerely, David H. Oatley Vice President and General Manager kjse/4328 Enclosures cc:

cc/enc:

Edgar Bailey, DHS Bruce S. Mallett Terry W. Jackson Diablo Distribution Girija S. Shukla A member of the STARS (Strategic Teaming and Resource Sharing)

Alliance Callaway

• Comanche Peak

• Diablo Canyon

• Palo Verde

• South Texas Project

• Wolf Creek

PG&E Letter DCL-05-121 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

PACIFIC GAS AND ELECTRIC COMPANY)

)

Diablo Canyon Power Plant

)

Docket No. 50-275 Facility Operating License No. DPR-80 Docket No. 50-323 Facility Operating License No. DPR-82 Units 1 and 2

)

I AFFIDAVIT David H. Oatley, of lawful age, first being duly sworn upon oath states that he is Vice President and General Manager of Pacific Gas and Electric Company; that he has executed License Amendment Request 05-04 on behalf of said company with full power and authority to do so; that he is familiar with the content thereof; and that the facts stated therein are true and correct to the best of his knowledge, information, and belief.

David H. Oatley Vice President and General Manager Subscribed and sworn to before me this 19th day of October, 2005, by David H. Oatley, personally known to me or proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Notary Public County of San Luis Obispo State of California Notosy PblAC - Cafornioi Son LU Obhpo County

.Exp ExQ1

.2018.

PG&E Letter DCL-05-121 EVALUATION

1.0 DESCRIPTION

This letter is a request to amend Operating Licenses DPR-80 and DPR-82 for Units 1 and 2 of the Diablo Canyon Power Plant (DCPP), respectively.

The proposed changes would revise the Operating Licenses to update the Technical Specification (TS) 5.3, "Unit Staff Qualifications," operator minimum qualification requirements contained in the March 28, 1980 NRC letter to all licensees with the more recent NRC-approved operator qualification requirements contained in American National Standards Institute/American Nuclear Society (ANSI/ANS) 3.1-1993. In addition the proposed changes remove the TS 5.3.1 plant staff retraining and replacement training program requirements which are already required by 10 CFR 50.120.

2.0 PROPOSED CHANGE

S TS 5.3.1, is revised from:

"Each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, except for the radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, Revision 2, April 1987 for radiation protection manager, and the operations manager as specified in ITS 5.2.2.e. The licensed Reactor Operators (ROs) and Senior Reactor Operators (SROs) shall also meet or exceed the minimum qualifications of 10 CFR Part 55 and the supplemental requirements specified in Section A of Enclosure 1 of the March 28,1980 NRC letter to all licensees.

A retraining and replacement training program for the plant staff shall be maintained under the direction of a designated member of the facility staff and shall meet or exceed the requirements and recommendations of Section 5.5 of ANSI N18.1-1971 and 10 CFR Part 55."

to:

"Each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, with the following exceptions:

a. The radiation protection manager shall meet or exceed the minimum qualifications of Regulatory Guide 1.8, Revision 2, April 1987 for radiation protection manager.

I PG&E Letter DCL-05-121

b. The operations manager shall meet or exceed the minimum qualifications as specified in TS 5.2.2.e.

c. The licensed Reactor Operators (ROs) and Senior Reactor Operators (SROs) shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1993 as endorsed by Regulatory Guide 1.8, Revision 3, May 2000 with the exceptions clarified in the current revision to the Operator Licensing Examination Standards for Power Reactors, NUREG-1021, ES-202."

In summary, this license amendment request (LAR) proposes to update the TS 5.3.1 operator minimum qualification requirements contained in the March 28, 1980 NRC letter with the more recent NRC-approved requirements contained in ANSI/ANS 3.1-1993. In addition, this LAR proposes to remove the TS 5.3.1 plant staff retraining and replacement training program requirements which have been superseded by requirements contained in 10 CFR 50.120.

3.0 BACKGROUND

3.1 Licensed Operator Qualification and Training Regulatory Requirements A letter from Harold R. Denton, Director Office of Nuclear Reactor Regulation, to all power reactor applicants and licensees titled "Qualifications of Reactor Operators," dated March 28, 1980, provided required qualifications for reactor operators following the Three Mile Island Unit 2 (TMI-2) accident. This letter was contained in NUREG-0737, "Clarification of TMI Action Plan Requirements," dated November 1980.

On March 20, 1985, the NRC issued the Commission Policy Statement on Training and Qualification of Nuclear Power Plant Personnel which endorsed the training accreditation process and the National Academy for Nuclear Training (NANT). In Generic Letter (GL) 87-07, "Information Transmittal of Final Rulemaking for Revisions to Operator Licensing -

10 CFR 55 and Conforming Amendments," dated March 19,1987, and in NUREG-1262, "Answers to Questions at Public Meetings Regarding Implementation of Title 10, Code of Federal Regulations, Part 55 on Operators' Licenses," published November 1987, the NRC indicated it would accept a facility's licensed operator training program if the facility certified in writing that the program was accredited and based on a systems approach to training (SAT). This certification would supersede the requirements of ANSI N18.1-1971, "Selection and Training of Nuclear Power Plant Personnel," and ANSI/ANS 3.1-1978, "Selection and Training of Nuclear Power Plant Personnel." GL 87-07 advised facility licensees to submit a request to the NRC for a change to their TSs to revise or delete, as appropriate, the requirements that had been superseded.

2 PG&E Letter DCL-05-121 In 1992 the NRC published proposed rule 10 CFR 50.120, "Training and Qualification of Nuclear Power Plant Personnel." The proposed rule stated that, if adopted, the rule would supersede the Policy Statement on Training and Qualification of Nuclear Power Plant Personnel and would not result in any change to accredited programs. The Commission concluded that accredited programs, implemented consistent with industry objectives and criteria, would be in compliance with 10 CFR 50.120. In April 1993, the NRC published the final rule on training and qualification of nuclear power plant personnel. The rule requires nuclear power plant licensees to establish, implement, and maintain SAT-based training programs for nine non-licensed positions and the shift supervisor licensed position. Accreditation of the nine training programs for non-licensed positions is an acceptable means of meeting the requirements of 10 CFR 50.120.

On January 18, 2001, the NRC published NRC Regulatory Issue Summary (RIS) 2001-01, "Eligibility of Operator License Applicants," to familiarize licensees with the current guidelines for the qualification and training of RO and SRO applicants. RIS 2001-01 acknowledged that 10 CFR 55.31 (a)(4) allows the NRC to accept an application for an operator's license if the facility licensee certifies that the applicant has successfully completed a Commission-approved training program that is based on a SAT. In addition, RIS 2001-01 stated that: (1) a training program would be considered approved by the NRC when it receives or renews accreditation from the National Nuclear Accrediting Board (NNAB);

(2) accreditation of operator training programs suggests that facilities are implementing the education and experience guidelines endorsed by the NNAB; (3) NANT guidelines for education and experience (those in effect in 1987 or those issued in January 2000) outline acceptable methods for implementing the Commission's regulations; and (4) the NRC staff encourages all facility licensees to review their requirements and commitments related to licensed operator and senior operator education and experience and to update their documentation (e.g., Final Safety Analysis Report (FSAR), TSs, and training program descriptions) to "enhance consistency and minimize confusion."

Regulatory Guide (RG) 1.8, Revision 3, "Qualification and Training of Personnel for Nuclear Power Plants," dated May 2000, contains guidance that is acceptable to the NRC staff regarding qualifications and training for nuclear power plant personnel. For the positions of shift supervisor, senior operator, and licensed operator, this RG endorses ANSI/ANS Standard 3.1-1993, "Selection, Qualification, and Training of Personnel for Nuclear Power Plants," with certain clarifications, additions, and exceptions.

3 PG&E Letter DCL-05-121 NUREG-1 021, Revision 9, "Operator Licensing Examination Standards for Power Reactors," dated July 2004, contains operator licensing examination standards. NUREG-1021, Revision 9, Section ES-202, "Preparing and Reviewing Operator Licensing Applications," provides instructions for facility licensees and applicants to prepare, and the NRC to review, initial licensing applications. It also discusses the experience, training, education, and certification requirements and guidelines that an applicant should satisfy before being allowed to take an NRC reactor operator, senior reactor operator, or limited senior reactor operator licensing examination. Section B of ES-202, "Background," states that Regulatory Guide 1.8, Revision 2 or Revision 3, and the guidelines for education and experience promulgated by the NANT outline acceptable methods for implementing the Commission's regulations for license eligibility for reactor operators and senior reactor operators. Section D of ES-202, "NRC License Eligibility Guidelines," summarizes the license eligibility guidelines of RG 1.8, Revision 3, and ANSI/ANS 3.1-1993 and provides clarification on exceptions.

3.2 Current DCPP Unit Staff Qualification Requirements The existing TS 5.3, "Unit Staff Qualifications," for plant staff and licensed operator and non-licensed personnel training programs are based on NRC guidance and NRC endorsed industry standards to ensure that a licensee's staff is appropriately qualified and trained for their respective positions. These requirements were developed based on the pre-1987 revision of 10 CFR 55 and prior to the 1993 edition of 10 CFR 50.120.

TS 5.3.1 and FSAR Update Section 13.1.3.1 require that each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, except for the radiation protection manager and the operations manager. TS 5.3.1, FSAR Update Section 13.1.3.1, and FSAR Update Table 17.1-1 require that the radiation protection manager shall meet or exceed the qualifications of RG 1.8, Revision 2, for the radiation protection manager. TS 5.3.1, FSAR Update Section 13.1.2.2.2.1.2, and FSAR Update Table 17.1-1 require that the operations manager shall meet the requirements of TS 5.2.2.e, that requires the operations manager shall either hold a senior reactor operator license, have at one time held a senior reactor operator license for a pressurized water reactor, or be certified to a senior reactor operator equivalent level of knowledge. In addition, TS 5.2.2.e requires that if the operations manager does not hold a senior reactor operator license, the person assigned to the Operations middle manager position shall hold a senior reactor operator license.

TS 5.3.1 requires that the licensed reactor operators and senior reactor operators meet or exceed the minimum qualifications of 10 CFR 55 and 4

PG&E Letter DCL-05-121 the supplemental requirements specified in Section A of Enclosure 1 of the March 28,1980 NRC letter to all licensees. Item b of Section A.1, "Eligibility," of Enclosure 1 of the March 28,1980 NRC letter requires that applicants for senior operator licenses shall have held an operator's license for 1 year.

TS 5.3.1 and FSAR Update Table 17.1-1 also require that a retraining and replacement training program for the plant staff shall be maintained under the direction of a designated member of the facility staff and shall meet or exceed the requirements and recommendations of Section 5.5 of ANSI N18.1-1971 and 10 CFR 55. The licensed operator retraining program, described in FSAR Update Section 13.2.2, meets the requirements of 10 CFR 55 through use of a SAT-based training program.

The replacement training programs are described in FSAR Update Section 13.2.3 and include the licensed RO and licensed SRO Training Program, the Shift Technical Advisor Training Program, and the Non-licensed Operator Training Program.

The DCPP licensed operator training program is accredited by Institute for Nuclear Power Operations (INPO) and is based on the SAT methodology.

Pacific Gas & Electric (PG&E) informed the NRC that DCPP implemented the SAT methodology for the licensed operator requalification program in PG&E Letter DCL-88-109, "Diablo Canyon Units I and 2 Operator Training Program Revision," dated April 28,1988. Letter DCL-88-109 also stated that the operations training programs at DCPP received accreditation from INPO in March 1986. As indicated in GL 87-07 and NUREG-1 262, this certification that the licensed operator training program was accredited and based on the SAT methodology would allow the NRC to accept a facility's licensed operator training program and would supersede the operator training requirements of ANSI N18.1-1971 and ANSI/ANS 3.1-1978.

PG&E uses NRC Form 398, "Personal Qualifications," to certify, pursuant to 10 CFR 55.31 (a)(4), that an operator license applicant has successfully completed a Commission-approved, SAT-based training program and that the applicant meets or exceeds the minimum education and experience guidelines currently outlined by the NANT (and, by extension, Revision 3.

of RG 1.8, as noted in Section B of NUREG-1021, Revision 9, Section ES-202).

3.3 Purpose for Proposed Amendments PG&E has used NRC Form 398 since 1987 to certify that a senior operator license applicant meets or exceeds the minimum education and experience guidelines currently outlined by the NANT (which exceeds the requirements of RG 1.8, Revision 2, and RG 1.8, Revision 3). The NANT, 5

PG&E Letter DCL-05-121 RG 1.8, Revision 2, and RG 1.8, Revision 3 guidelines do not require that a senior operator applicant has previously held a reactor operator's license. PG&E has used Form 398 to certify the experience for senior reactor operator candidates who have never previously held a reactor operator license. However, DCPP TS 5.3.1 requires that the licensed senior reactor operators meet or exceed the supplemental requirements specified in Section A of Enclosure 1 of the March 28, 1980 NRC letter to all licensees which requires that applicants for senior operator licenses shall have held an operator's license for 1 year. This condition has existed since 1984, when the DCPP Unit 1 TS became effective. This condition was entered into the DCPP corrective action program on December 24, 2004.

This LAR proposes to update the TS 5.3.1 operator minimum qualification requirements contained in the March 28, 1980 NRC letter with the more recent NRC-approved requirements contained in ANSI/ANS 3.1-1993. In addition, this LAR proposes to remove the TS 5.3.1 plant staff retraining and replacement training program requirements which have been superseded by requirements contained in 10 CFR 50.120.

4.0 TECHNICAL ANALYSIS

4.1 Staff Qualification Changes The current TS 5.3.1 required qualifications for the radiation protection manager and the operations manager are moved to new exceptions 5.3.1.a and 5.3.1.b, respectively, to the minimum qualifications of ANSI/ANS 3.1-1978. The TS reference in new exception 5.3.1.b is changed from "ITS 5.2.2.e" to "TS 5.2.2.e" to be consistent with the use of "TS" for other TS references contained in the TS. These are editorial changes only and do not revise the current TS requirements for the radiation protection manager and the operations manager.

The TS 5.3.1 minimum qualifications for ROs and SROs are updated and moved to new exception 5.3.1.c. The new minimum qualifications are ANSI/ANS 3.1-1993 as endorsed by RG 1.8, Revision 3, with the exceptions clarified in the current revision to NUREG-1021, Section ES-202. These revisions update the minimum operator qualifications that are outdated based on licensed operator training programs being accredited by INPO and promulgation of the revised 10 CFR 55, "Operators' Licenses."

The new minimum qualifications for ROs and SROs contained in ANSI/ANS 3.1-1993, RG 1.8, Revision 3, and NUREG-1021, Section ES-202, are more recent qualification requirements which have superseded those previously contained in ANSI/ANS 3.1-1978 and 6

Enclosure I PG&E Letter DCL-05-121 Section A of Enclosure 1 of the March 28, 1980 NRC letter to all licensees. The minimum qualifications include minimum requirements for training and experience.

NUREG-1021, Revision 9, ES-202, Section B states that RG 1.8, Revision 3, provides an acceptable method for implementing the Commission's regulations for license eligibility for reactor operators and senior reactor operators. The reference to the current revision of NUREG-1021, Section ES-202, provides additional clarification on the RG 1.8, Revision 3 exceptions to ANSI/ANS 3.1-1993, which are discussed in Section D of ES-202.

The requirements of 10 CFR 55 are not specifically referenced by proposed TS 5.3.1.c, since the changes to the RO and SRO minimum qualifications conform to the current requirements of 10 CFR 55 and, therefore, 10 CFR 55 no longer needs to be specifically referenced. The TS requirements for all other unit staff qualifications remain unchanged.

The changes do not affect the 10 CFR 50.36(c)(5) requirement to ensure the licensee maintains administrative controls that assure the operation of the facility in a safe manner by properly qualified licensed operators. With these changes, the licensed operator training program will continue to comply with the requirements of 10 CFR 55. The DCPP licensed operator training program is accredited by INPO and is based on the SAT methodology.

Licensed operator qualifications and training can have an indirect impact on accidents previously evaluated. However, the NRC considered this impact during the rulemaking process, and by promulgation of the revised 10 CFR 55 rule, determined that this impact remains acceptable when licensees have an accredited licensed operator training program which is based on a SAT methodology. The NRC has concluded in RIS 2001-01 that the standards and guidelines applied by the NANT in their training accreditation program are equivalent to those put forth or endorsed by the NRC. Therefore, maintaining an accredited, systems based licensed operator training program is equivalent to maintaining an NRC-approved licensed operator training program which conforms with applicable NRC RGs or NRC-endorsed industry standards.

The TS 5.3.1 requirement for a retraining and replacement training program for plant staff and the associated requirements and recommendations of Section 5.5 of ANSI N18.1-1971 and 10 CFR 55 are removed since they have been superseded by promulgation of the 10 CFR 50.120 training and qualification rule. This change is consistent with TS 5.3 in the NUREG-1431, Volume 1, Revision 3, "Standard Technical Specifications Westinghouse Plants," dated June 2004, which 7

PG&E Letter DCL-05-121 does not contain requirements for a retraining and replacement training program for plant staff.

In the 1992 proposed 10 CFR 50.120 rule, the Commission concluded that accredited programs, implemented consistent with industry objectives and criteria, would be in compliance with 10 CFR 50.120. The April 1993 final 10 CFR 50.120 rule requires nuclear power plant licensees to establish, implement, and maintain SAT-based training programs for nine non-licensed positions and the shift supervisor licensed position.

Accreditation of the nine training programs for non-licensed positions is an acceptable means of meeting the requirements of 10 CFR 50.120 for plant staff training and qualification. DCPP uses the SAT methodology for plant staff training and the DCPP plant staff training programs are accredited by the NANT. Therefore, the DCPP plant staff training program is in compliance with 10 CFR 50.120, and there is no longer a need for a separate TS-required plant staff retraining and replacement training program.

The proposed TS changes are administrative in nature and do not affect the plant design, hardware, system operation, or operating procedures.

4.2 Summary/Conclusion The proposed TS 5.3 changes to the operator minimum qualification requirements and the removal of the plant staff retraining and replacement training program requirements are consistent with 10 CFR 55 and 10 CFR 50.120 and do not adversely affect nuclear safety or plant operations.

5.0 REGULATORY ANALYSIS

5.1 No Significant Hazards Consideration PG&E has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:

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

Response: No.

The proposed change is an administrative change to revise the Technical Specification (TS) 5.3.1 licensed operator minimum qualification requirements and remove the plant staff retraining and replacement 8

PG&E Letter DCL-05-121 training program requirements from the TS. The proposed change does not directly impact accidents previously evaluated. The Diablo Canyon Power Plant (DCPP) licensed operator training program is accredited by the National Academy for Nuclear Training (NANT) and is based on a systems approach to training consistent with the requirements of 10 CFR 55. Although licensed operator qualifications and training may have an indirect impact on accidents previously evaluated, the NRC considered this impact during the rulemaking process, and by promulgation of the revised 10 CFR 55 rule, concluded that this impact remains acceptable as long as the licensed operator training program is certified to be accredited and is based on a systems approach to training.

The DCPP plant staff retraining and replacement training program meets the requirements of 10 CFR 50.120.

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 accident from any accident previously evaluated?

Response: No.

The proposed change is administrative in nature and does not affect the plant design, hardware, system operation, or operating procedures. The DCPP licensed operator training program is accredited by the NANT and is based on a systems approach to training consistent with the requirements of 10 CFR 55. Although licensed operator qualifications and training may have an indirect impact on accidents previously evaluated, the NRC considered this impact during the rulemaking process, and by promulgation of the revised 10 CFR 55 rule, concluded that this impact remains acceptable as long as the licensed operator training program is certified to be accredited and is based on a systems approach to training.

The DCPP plant staff retraining and replacement training program meets the requirements of 10 CFR 50.120.

Therefore, the proposed change does not create the possibility of a new or different 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 and does not affect the plant design, hardware, system operation, or operating procedures. The 9

Enclosure I PG&E Letter DCL-05-121 change does not exceed or alter a design basis or safety limit and thus does not reduce the margin of safety.

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

Based on the above evaluation, PG&E concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of 'no significant hazards consideration" is justified.

5.2 Applicable Regulatorv Requirements/Criteria 10 CFR 50.36(c)(5) contains requirements to ensure the licensee maintains TS administrative controls that assure the operation of the facility in a safe manner.

10 CFR 55.31 (a)(4) contains requirements for the evidence to be supplied to the NRC that an operator license applicant has successfully completed the facility license requirements to be licensed as an operator or senior operator.

10 CFR 50.120 contains requirements for training and qualification of nuclear plant personnel.

RG 1.8, Revision 3, "Qualification and Training of Personnel for Nuclear Power Plants," dated May 2000, contains guidance that is acceptable to the NRC staff regarding qualifications and training for nuclear power plant personnel. This RG endorses ANSI/ANS-3.1-1993, "Selection, Qualification, and Training of Personnel for Nuclear Power Plants," with certain clarifications, additions, and exceptions.

NUREG-1 021, Revision 9, "Operator Licensing Examination Standards for Power Reactors," dated July 2004, contains operator licensing examination standards. NUREG-1021, Revision 9, Section ES-202, "Preparing and Reviewing Operator Licensing Applications," provides instructions for facility licensees and applicants to prepare and the NRC to review initial licensing applications. It also discusses the experience, training, education, and certification requirements and guidelines that an applicant should satisfy before being allowed to take an NRC reactor operator, senior reactor operator, or limited senior reactor operator licensing examination.

The proposed TS 5.3 changes to the licensed operator minimum qualification requirements and the removal of the plant staff retraining and replacement training program requirements are consistent with 10 PG&E Letter DCL-05-121 10 CFR 50.36, 10 CFR 55, and 10 CFR 50.120 and do not adversely affect nuclear safety or plant operations.

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

PG&E has evaluated the proposed amendment and has determined that the proposed amendment is confined to (i) changes to surety, insurance, and/or indemnity requirements, or (ii) changes to recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(1 0). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

7.0 REFERENCES

7.1 References

1. Letter from Harold R. Denton, Director Office of Nuclear Reactor Regulation, to all power reactor applicants and licensees titled "Qualifications of Reactor Operators," dated March 28,1980.

2. NUREG-0737, "Clarification of TMI Action Plan Requirements," dated November 1980.

3. "Commission Policy Statement on Training and Qualification of Nuclear Power Plant Personnel," 50 FR 11147, dated March 20, 1985.

4. Volume 52, Federal Register, 52 FR 9453, dated March 25,1987.

5. Regulatory Guide 1.8, Revision 2, "Qualification and Training of Personnel for Nuclear Power Plants," dated April 1987.

6. Regulatory Guide 1.8, Revision 3, "Qualification and Training of Personnel for Nuclear Power Plants," dated May 2000.

7. NUREG-1021, Revision 9, "Operator Licensing Examination Standards for Power Reactors," dated July 2004.

8. NUREG-1262, "Answers to Questions at Public Meetings Regarding Implementation of Title 10, Code of Federal Regulations, Part 55 on Operators' Licenses," published November 1987.

11 PG&E Letter DCL-05-121

9. NUREG-1431, Volume 1, Revision 3, "Standard Technical Specifications Westinghouse Plants," dated June 2004.

10.American National Standards Institute (ANSI) Standard N18.1-1971, "Selection and Training of Nuclear Power Plant Personnel."

11.American National Standards Institute/American Nuclear Society (ANSI/ANS) 3.1-1978, "Selection and Training of Nuclear Power Plant Personnel."

12.American National Standards Institute/American Nuclear Society (ANSI/ANS) 3.1-1981, "Selection, Qualification and Training of Personnel for Nuclear Power Plants."

13.American National Standards Institute/American Nuclear Society (ANSI/ANS) Standard 3.1-1993, "Selection, Qualification, and Training of Personnel for Nuclear Power Plants."

14. Generic Letter 87-07, "Information Transmittal of Final Rulemaking for Revisions to Operator Licensing - 10 CFR 55 and Conforming Amendments," dated March 19,1987.

15. NRC Regulatory Issue Summary (RIS) 2001-01, 'Eligibility of Operator License Applicants," dated January 18, 2001.

16. PG&E Letter DCL-88-1 09, "Diablo Canyon Units 1 and 2 Operator Training Program Revision," dated April 28,1988.

17. NRC letter to TXU Energy, "

Subject:

Comanche Peak Steam Electric Station (CPSES), Units I and 2 - issuance of Amendments RE: Unit Staff Qualifications (TAC Nos. MB4732 and MB4733)," dated September 4, 2002.

18. NRC letter to Union Electric Company, "Callaway Plant, Unit 1, License Amendment 60, Revise Technical Specification 6.4.1, 'Training' (TAC 75506)," dated December 7, 1990.

19. NRC letter to Excelon Nuclear, "Limerick Generating Station, Units 1 and 2 - Issuance of Amendment 160 & 122, Revising the TSs for LGs by Deleting Section 6.4, 'Training,' (TACs MB2692 and MB2693),"

dated June 14, 2002.

7.2 Precedent The update of the TS 5.3.1 operator minimum qualification requirements with the more recent NRC-approved requirements contained in RG 1.8, Revision 3, and ANSI/ANS 3.1-1993 has been previously approved by the NRC for Comanche Peak Units 1 and 2 in the NRC letter to TXU Energy,

Subject:

Comanche Peak Steam Electric Station (CPSES), Units I and 2

- Issuance of Amendments RE: Unit Staff Qualifications (TAC Nos.

MB4732 and MB4733)," dated September 4, 2002.

12 PG&E Letter DCL-05-121 The replacement of the TS 5.3 licensed operator qualification requirements contained in the March 28, 1980 NRC letter to all licensees with more recent NRC-approved requirements and the inclusion into the TS 5.3.1 operator minimum qualification requirements of the exceptions as clarified in the current revision to NUREG-1 021, Section ES-202, has been previously approved by the NRC for the Callaway plant in the NRC letter to Union Electric Company, "Callaway Plant, Unit 1, License Amendment 60, Revise Technical Specification 6.4.1, Training' (TAC 75506)," dated December 7,1990.

The removal of the TS 5.3.1 plant staff retraining and replacement training program requirements has been previously approved by the NRC for Limerick Generating Station Unit 1 and 2 in the NRC letter to Excelon Nuclear, "Limerick Generating Station, Units 1 and 2 - Issuance of Amendment 160 & 122, Revising the TSs for LGs by Deleting Section 6.4, "Training," (TACs MB2692 and MB2693)," dated June 14, 2002. The TS in NUREG-1431, Volume 1, Revision 3, do not contain plant staff retraining and replacement training program requirements.

13 PG&E Letter DCL-05-121 Proposed Technical Specification Changes (mark-up)

Unit Staff Qualifications 5.3 5.0 ADMINISTRATIVE CONTROLS 5.3 Unit Staff Qualifications InErtS l5.3.1 Each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, except for the radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, Revision 2, April 1987 for radiation protection manager, and the operations manager as specified in ITS 5.2.2.e. The licensed Reactor Operators (ROs) and Senior Reactor Operators (SROs) shall also meet or exceed the minimum qualifications of 10 CFR Part 55 and the supplemental requirements specified in Section A of Enclosure 1 of the March 28, 1980 NRC letter to all licensees.

A retraining and replacement training program for the plant staff shall be maintained under the direction of a designated member of the facility staff and shall meet or exceed the requirements and recommendations of Section 5.5 of ANSI N18.1-1971 and 10 CFR 5.3.2 For the purpose of 10 CFR 55.4, a licensed SRO and a licensed RO are those individuals who, in addition to meeting the requirements of TS 5.3.1, perform the functions described in 10 CFR 50.54(m).

DIABLO CANYON - UNITS 1 & 2 5.0-4 Unit 1 - Amendment No. 43, 446, Unit 2 - Amendment No. 435, 445,

Technical Specification Inserts Insert 1 5.3.1 Each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, with the following exceptions:

a. The radiation protection manager shall meet or exceed the minimum qualifications of Regulatory Guide 1.8, Revision 2, April 1987 for radiation protection manager.

b. The operations manager shall meet or exceed the minimum qualifications as specified in TS 5.2.2.e.

c. The licensed Reactor Operators (ROs) and Senior Reactor Operators (SROs) shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1993 as endorsed by Regulatory Guide 1.8, Revision 3, May 2000 with the exceptions clarified in the current revision to the Operator Licensing Examination Standards for Power Reactors, NUREG-1021, ES-202.

PG&E Letter DCL-05-121 Proposed Technical Specification Changes (retyped)

Remove Page Insert Page 5.0-4 5.0-4

Unit Staff Qualifications 5.3 5.0 ADMINISTRATIVE CONTROLS 5.3 Unit Staff Qualifications 5.3.1 Each member of the plant staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions, with the following exceptions:

a. The radiation protection manager shall meet or exceed the minimum qualifications of Regulatory Guide 1.8, Revision 2, April 1987 for radiation protection manager.

b.

The operations manager shall meet or exceed the minimum qualifications as specified in TS 5.2.2.e.

c.

The licensed Reactor Operators (ROs) and Senior Reactor Operators (SROs) shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1993 as endorsed by Regulatory Guide 1.8, Revision 3, May 2000 with the exceptions clarified in the current revision to the Operator Licensing Examination Standards for Power Reactors, NUREG-1021, ES-202.

5.3.2 For the purpose of 10 CFR 55.4, a licensed SRO and a licensed RO are those individuals who, in addition to meeting the requirements of TS 5.3.1, perform the functions described in 10 CFR 50.54(m).

DIABLO CANYON - UNITS 1 & 2 5.0-4 Unit 1 - Amendment No. 45, 446, Unit 2 - Amendment No. 435, 445, PG&E Letter DCL-05-121 Proposed Final Safety Analysis Report Update Changes (For information only)

DCPP UNITS 1 & 2 FSAR UPDATE The shift chemical and radiation protection technician performs the chemistry sampling and analysis radiation monitoring, and other chemistry and radiation protection functions normally encountered during both normal and nonroutine operations. In addition, all licensed operators are trained in chemistry and radiation protection as part of their operator license training.

As previously discussed in Section 13.1.2.1, Plant Organization, the normal plant staff will be augmented by personnel from other PG&E plants during operations when they are required.

13.1.3 QUALIFICATION REQUIREMENTS FOR NUCLEAR PLANT PERSONNEL 13.1.3.1 Minimum Qualification Requirements PG&E is using Regulatory Guide 1.8 (ANSI/ANS 3.1-1978) as the basis for establishing minimum qualification requirements for management, supervisory, and technical positions in the plant organization. One exception is that the Manager, Radiation Protection, shall meet or exceed the qualification requirements of Regulatory Guide 1.8, Revision 2, April 1987 for the Radiation Protection Manager. A second exception is that the operations manager shall meet or exceed the minimum qualifications as specified in Technical Specification 5.2.2.e. A third exception is that the licensed Reactor Operators and SROs shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1983 as endorsed by Regulatorv Guide 1.8, Revision 3, May 2000 with the exceptions clarified in the current revision to NUREG-1 021, section ES-202. Other exceptions are summarized in Table 17.1-1 The minimum qualification processes for physical force personnel (operators, instrument technicians, maintenance personnel, and chemical and radiation protection technicians) are defined by the Institute of Nuclear Power Operation (INPO) accreditation criteria (Reference 5). PG&E has received, and will maintain, INPO accreditation of the training and qualification programs for physical force personnel.

13.1.3.2 Qualifications of Plant Personnel The key management, supervisory, and technical positions in the plant organization are filled by individuals who have been actively engaged in the nuclear power field.

Resumes for personnel holding the key positions in the plant operating organization are included in Appendix 13.1A of this chapter.

13.

1.4 REFERENCES

1.

NUREG-0660, NRC Action Plan Developed as a Result of the TMI-2 Accident, Task l.B.1

2.

NUREG-0731, Guidelines for Utility Manaqement Structure and Technical Resources 13.1-14 Revision 16 June2005

DCPP UNITS 1 & 2 FSAR UPDATE TABLE 17.1-1 Sheet 6 of 9 Reg. Guides Date Standard No.

Rev.

Title/Subject Exceptions Except for temporary changes to procedures, PG&E will require a review by an individual who holds a Senior Reactor Operators license only if the procedure is one of the types listed in Section 17.5 (8) of this FSAR Update.

Furthermore, this individual need not be the supervisor in charge of the shift.

Except that audit frequencies specified in Regulatory Guide 1.33, Revision 2, need not be met. Audits shall be performed at the frequencies specified in Section 17.18 of this FSAR Update.

Except that audits and reviews of the Emergency Preparedness Program shall be performed in accordance with 10 CFR 50.54(t).

Except that a grace period of up to 90 days will be allowed for audit scheduling, except where the schedule is mandated by regulation. The next schedule due date shall be based on the original scheduled date but shall not exceed the original due date plus 90 days.

1.8 2/79 ANSI/ANS 3.1 1978 Personnel Selection and Training Except that the one year of qualifying nuclear power plant experience in the overall implementation of the Quality Assurance program can be obtained outside the Quality Assurance organizations.

Except certain personnel are trained and qualified to the Institute of Nuclear Power Operations (INPO) criteria as described in FSAR Update Chapter 13.

Revision 16 June 2005

DCPP UNITS 1 & 2 FSAR UPDATE TABLE 17.1-1 Sheet 7 of 9 Reg. Guides Date Standard No.

Rev.

Title/Subject Exceptions Except that a retraining and replacement training program for the plant staff meet or exceed the requirements and recommendations of Section 5.5 of ANSI N18.1-1971 and 10 CFR Part 55. This exception is based on the NRC letter to PG&E, dated July 19, 1989, issuing License Amendments No. 43 and 42.

Except that the Radiation Protection Manager's qualifications shall meet or exceed the qualifications of Regulatory Guide 1.8, Revision 2, April 1987, for the Radiation Protection Manager.

Except that the person serving as the manager responsible for the independent review and audit program shall have a minimum of 6 years of professional level managerial experience in the power field. This exception is based on NRC letter to PG&E dated February 6, 1992, issuing Licensing Amendment No. 68/67.

Except that the Operations Manager shall meet the requirements of the Technical Specifications.

Except that the licensed reactor operators and senior reactor operators shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1993 as endorsed by Regulatory Guide 1.8. Revision 3.

May 2000 with the exceptions clarified in the current revision to the Operator Licensing Examiner Standards. NUREG-1 021. ES-202. This exception is based on NRC letter to PG&E dated Month, Day. Year issuing License Amendment No.

xxx/xxx.

Revision 16 June 2005