ML053350041

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License Amendment, Revision of the Appendix B, Environmental Protection Plan (Non-Radiological),
ML053350041
Person / Time
Site: Quad Cities  Constellation icon.png
Issue date: 02/02/2006
From: Banerjee M
Plant Licensing Branch III-2
To: Crane C
Exelon Generation Co
Banerjee M, NRR/ADPT, 415-2277
Shared Package
ml060750817 List:
References
TAC MC5470, TAC MC5471
Download: ML053350041 (15)


Text

February 2, 2006 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION OF THE APPENDIX B, ENVIRONMENTAL PROTECTION PLAN (NON-RADIOLOGICAL), (TAC NOS. MC5470 AND MC5471)

Dear Mr. Crane:

The Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No.

229 to Facility Operating License No. DPR-29 and Amendment No. 224 to Facility Operating License No. DPR-30 for the Quad Cities Nuclear Power Station, Units 1 and 2, respectively, in response to your application dated December 17, 2004. The amendments revise Appendix B, Environmental Protection Plan (non-radiological), of the Quad Cities Facility Renewed Operating Licenses.

A copy of the related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely,

/RA/

Maitri Banerjee, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-254 and 50-265

Enclosures:

1. Amendment No. 229 to DPR-29
2. Amendment No. 224 to DPR-30
3. Safety Evaluation cc w/encls: See next page

Mr. Christopher M. Crane, President February 2, 2006 and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION OF THE APPENDIX B, ENVIRONMENTAL PROTECTION PLAN (NON-RADIOLOGICAL), (TAC NOS. MC5470 AND MC5471)

Dear Mr. Crane:

The Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No.

229 to Facility Operating License No. DPR-29 and Amendment No. 224 to Facility Operating License No. DPR-30 for the Quad Cities Nuclear Power Station, Units 1 and 2, respectively, in response to your application dated December 17, 2004. The amendments revise Appendix B, Environmental Protection Plan (non-radiological), of the Quad Cities Facility Renewed Operating Licenses.

A copy of the related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, Maitri Banerjee, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-254 and 50-265

Enclosures:

1. Amendment No. 229 to DPR-29
2. Amendment No. 224 to DPR-30
3. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

PUBLIC OGC DClarke PDIII-2 R/F ACRS MRing, RIII MLandau GHill (4)

AKugler TBoyce MBanerjee ADAMS Accession Number:ML053350041 OFFICE PM:LPLIII-2 PE:LPLIII-2 LA:LPLIII-2 C:REBA OGC (A)BC:LPLIII-2 NAME MBanerjee RKuntz PCoates AKugler MSpencer(NLO)

MLandau DATE 1/30/06 1/12/06 12/1/05 12/21/05 01/06/06 1/30/06 OFFICIAL RECORD COPY

EXELON GENERATION COMPANY, LLC AND MIDAMERICAN ENERGY COMPANY DOCKET NO. 50-254 QUAD CITIES NUCLEAR POWER STATION, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.229 License No. DPR-29 1.

The Nuclear Regulatory Commission (Commission) has found that:

A.

The application for amendment by Exelon Generation Company, LLC (licensee) dated December 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 Environmental Protection Plan in Appendix B as indicated in the attachment to this license amendment, and paragraph 3.B. of Facility Operating License No. DPR-29 is hereby amended to read as follows:

B.

Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 229, are hereby incorporated into the renewed operating license. The licensee 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 of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Mindy Landau, Acting Chief Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Environmental Protection Plan Date of Issuance: February 2, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 229 FACILITY OPERATING LICENSE NO. DPR-29 DOCKET NO. 50-254 Replace the following pages of the Appendix B Technical Specifications with the attached pages. The revised pages are identified by an amendment number and contain lines in the margins indicating the areas of change.

Remove Pages Insert Pages 1-1 1-1 2-2 2-2 2-3 3-1 3-1

EXELON GENERATION COMPANY, LLC AND MIDAMERICAN ENERGY COMPANY DOCKET NO. 50-265 QUAD CITIES NUCLEAR POWER STATION, UNIT 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.224 License No. DPR-30 1.

The Nuclear Regulatory Commission (Commission) has found that:

A.

The application for amendment by Exelon Generation Company, LLC (licensee) dated December 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 Environmental Protection Plan in Appendix B as indicated in the attachment to this license amendment, and paragraph 3.B. of Facility Operating License No. DPR-30 is hereby amended to read as follows:

B.

Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 224, are hereby incorporated into the renewed operating license. The licensee 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 of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Mindy Landau Acting Chief Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Environmental Protection Plan Date of Issuance: February 2, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 224 FACILITY OPERATING LICENSE NO, DPR-30 DOCKET NO. 50-265 Replace the following pages of the Appendix B Technical Specifications with the attached pages. The revised pages are identified by an amendment number and contain lines in the margins indicating the areas of change.

Remove Pages Insert Pages 1-1 1-1 2-2 2-2 2-3 3-1 3-1

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 229 TO FACILITY OPERATING LICENSE NO. DPR-29 AND AMENDMENT NO. 224 TO FACILITY OPERATING LICENSE NO. DPR-30 EXELON GENERATION COMPANY, LLC AND MIDAMERICAN ENERGY COMPANY QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 DOCKET NOS. 50-254 AND 50-265

1.0 INTRODUCTION

By application dated December 17, 2004, Exelon Generation Company, LLC (EGC) and AmerGen Generation Company, LLC (AmerGen), the licensees, requested changes to Appendix B, Environmental Protection Plan (EPP), for Braidwood Station, Units 1 and 2; Byron Station, Units 1 and 2; Clinton Power Station, Unit 1; LaSalle County Station, Units 1 and 2; Limerick Generating Station, Units 1 and 2; Oyster Creek Nuclear Generating Station; Peach Bottom Atomic Power Station, Units 2 and 3; and Quad Cities Nuclear Power Station, Units 1 and 2. This amendment addresses the licensees' proposed changes for Quad Cities Nuclear Power Station, Units 1 and 2. Other amendments were issued, or will be issued, to address the proposed changes for the other operating units.

The proposed changes revise the EPPs for Quad Cities Station, Units 1 and 2, by clarifying a number of items without changing the purpose, by removing the requirement for an annual report, by updating terminology, by deleting obsolete program information, and by standardizing wording in the EPP.

2.0 REGULATORY EVALUATION

The EPP was established during initial plant operation to monitor environmental issues such as potential erosion along the transmission lines and the cooling tower drift impact on vegetation, noise, and cultural resources issues. The regulatory basis for the establishment of the EPP is Section 50.36b of Title 10 of the Code of Federal Regulations (10 CFR), "Environmental conditions." This section authorizes the NRC staff to place conditions on a license to protect the environment. The regulation states that the conditions will identify the "obligations of the licensees in the environmental area, including, as appropriate, requirements for reporting and keeping records of environmental data, and any conditions and monitoring requirement for the protection of the nonaquatic environment" and that the conditions will be derived from the licensees environmental report and NRCs evaluation in the record of decision. However, in the March 12, 1984, statements of consideration for the final rule that created Section 50.36b, the Commission stated that NRC "may also include additional environmental conditions as appropriate."

3.0 TECHNICAL EVALUATION

The section numbers in the following technical evaluation are the Quad Cities EPP section numbers.

Section 1.0 Objectives of the Environmental Protection Plan Requested Action A change is proposed to remove references to facility construction from Section 1.0. This section contains the objectives of the EPP, which is to provide for protection of the environmental values during construction and operation of the nuclear facility. Construction is complete at Quad Cities Nuclear Power Station and therefore the reference to construction is superfluous.

NRC Staff Analysis The facility construction references were included to cover the impacts related to the latter stages of the construction of the plants. The associated activities were completed many years ago. Therefore, the staff concludes that removal of these references are acceptable. The remaining text ensures that impacts related to current and future activities at the plants are considered under the EPPs. This change is acceptable.

Section 2.2 Reporting Related to the NPDES Permits and State Certifications Requested Action The proposed changes in Section 2.2 are to revise the reporting requirements related to approval or changes to the National Pollutant Discharge Elimination System (NPDES) Permit or State certification.

Currently this section requires that violations, changes and additions to the NPDES Permit or the State Certification shall be reported to the NRC. This section also requires that a proposed revision be sent to the NRC at the same time as it is submitted to the permitting agency. The NRC relies on the State regulatory agency to regulate these matters. Changes to the NPDES Permit or State Certification will continue to be provided to the NRC within 30 days of approval.

Proposed changes will no longer be provided to the NRC. Information related to environmental permits will continue to be available onsite for NRC review.

NRC Staff Analysis The EPPs require the licensees to provide the NRC staff with copies of proposed revisions to, or renewals of, the NPDES permits. However, the NRC staff does not have a role in determining the NPDES limits for the plants. This responsibility lies with the appropriate NPDES permitting authority. Therefore, requiring the licensees to submit copies of proposed NPDES permit changes or renewals is of little value to the NRC staff. The paragraph that will remain in the EPP will still require the licensees to provide the staff with copies of the approved revised permits. This requirement will allow the NRC staff to remain cognizant of those environmental impacts of plant operations related to the permits. In addition, the EPP will continue to require the licensees to evaluate plant changes for unreviewed environmental questions. This requirement ensures that significant changes to the environmental impacts of plant operation will receive an NRC staff review that is independent of the NPDES review by the permitting authority. While the NRC staff will have no role in setting the limits in the NPDES permit, the staff will consider other impacts (e.g., to threatened and endangered aquatic species) that may not be included in the NPDES review. Based on this information, the staff concludes that the proposed changes are acceptable.

Section 2.3 Changes Required for Compliance with Other Environmental Regulations Requested Action A change is proposed to replace the phrase "which are required to achieve compliance with" with the phrase "that are either regulated or mandated by." This section exempts those changes that are regulated or mandated by other Federal, State, and local environmental regulations from the requirements of Section 2.1 of the EPP. An additional sentence has been added to state, "However, if any environmental impacts of a change are not evaluated under other Federal, State or local environmental regulations, then those impacts are subject to the requirements of Section 2.1." This is an administrative change to improve clarity and understanding and does not change the objective of the original statement.

NRC Staff Analysis The current Section 2.3 applies the exemption from Section 2.1 only to those changes, tests, or experiments that are required to achieve compliance with the regulations of various agencies.

The revision expands this exemption to include environmental impacts that are evaluated by these various agencies. This change has the effect of focusing Section 2.1 on those environmental impacts that will not otherwise receive a review by a cognizant Federal, State, or local agency. Impacts that are the subject of the expansion of the exemption will still be evaluated, but by the appropriate cognizant agency. Therefore, the NRC staff concludes that this change is acceptable.

Section 3.1 Unusual or Important Environmental Events Requested Action A change is proposed that if an event is reportable under 10 CFR 50.72, "Immediate notification requirements for operating nuclear power reactors," then a duplicate immediate report in accordance with the station's EPP is not required. Requirements are provided in the EPP to report Unusual or Important Environmental Events to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Unusual and Important Environmental Events are defined as any occurrence of an event that indicates or could result in significant environmental impact causally related to plant operation. Such events shall be recorded and reported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and followed by a written report.

Similarly, 10 CFR 50.72(b)(2)(xi) states that the licensee shall notify the NRC as soon as practical and in all cases, within four hours of the occurrence of... "[a]ny event or situation, related to the health and safety of the public or onsite personnel, or protection of the environment, for which a news release is planned or notification to other government agencies has been or will be made." The change proposed will relieve the administrative burden of making duplicate reports to the NRC for the same event. Follow-up written reports are still required to be submitted in accordance with the EPP.

NRC Staff Analysis The change is a clarification to avoid potential duplicate reporting requirements. Note that at the time the EPPs were developed, there was no environmental reporting requirement in 10 CRF 50.72. Thus, at that time, there was not an issue with the potential for duplicate reporting. Based on this information, the NRC staff finds the proposed change acceptable.

Additional changes not detailed in this evaluation are only minor corrections.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

The amendments change requirements with respect to record keeping, reporting, or administrative procedures or requirements with respect to the EPPs. Accordingly, the amendments meet 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 amendments.

The Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration and there has been no public comment on such finding (70 FR 19115).

6.0 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 amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: A. Kugler and C. Guerrero Date: February 2, 2006

Quad Cities Nuclear Power Station Units 1 and 2 cc:

Site Vice President - Quad Cities Nuclear Power Station Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Quad Cities Nuclear Power Station Plant Manager Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Regulatory Assurance Manager - Quad Cities Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Quad Cities Resident Inspectors Office U.S. Nuclear Regulatory Commission 22712 206th Avenue N.

Cordova, IL 61242 David C. Tubbs MidAmerican Energy Company One River Center Place 106 E. Second, P.O. Box 4350 Davenport, IA 52808-4350 Vice President - Law and Regulatory Affairs MidAmerican Energy Company One River Center Place 106 E. Second Street P.O. Box 4350 Davenport, IA 52808 Chairman Rock Island County Board of Supervisors 1504 3rd Avenue Rock Island County Office Bldg.

Rock Island, IL 61201 Regional Administrator U.S. NRC, Region III 801 Warrenville Road Lisle, IL 60532-4351 Illinois Emergency Management Agency Division of Disaster Assistance &

Preparedness 110 East Adams Street Springfield, IL 62701-1109 Document Control Desk - Licensing Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President of Operations Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Assistant General Counsel Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348 Manager Licensing - Dresden, Quad Cities and Clinton Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555