ML060410716

License Amendment, Deletion of Reporting Requirement in Facility Operating License

ML060410716
Person / Time
Site:	Clinton
Issue date:	02/24/2006
From:	Jabbour K Plant Licensing Branch III-2
To:	Crane C AmerGen Energy Co
Jabbour K, NRR/DLPM, 415-1496
Shared Package
ML060410717	List: ML060410716 ML060880406
References
TAC MC6249
Download: ML060410716 (9)

Text

February 24, 2006 Mr. Christopher M. Crane, President and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

CLINTON POWER STATION, UNIT 1 - ISSUANCE OF AMENDMENT RE: DELETION OF REPORTING REQUIREMENT IN FACILITY OPERATING LICENSE (TAC NO. MC6249)

Dear Mr. Crane:

The Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No. 172 to Facility Operating License (FOL) No. NPF-62 for the Clinton Power Station, Unit 1.

The amendment is in response to your application dated February 25, 2005.

The amendment deletes the reporting requirement in the FOL related to reporting violations of other requirements in the operating license.

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

Sincerely,

/RA/

Kahtan N. Jabbour, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No. 172 to NPF-62

2. Safety Evaluation cc w/encls: See next page

Mr. Christopher M. Crane, President February 24, 2006 and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

CLINTON POWER STATION, UNIT 1 - ISSUANCE OF AN AMENDMENT RE: DELETION OF REPORTING REQUIREMENT IN FACILITY OPERATING LICENSE (TAC NO. MC6249)

Dear Mr. Crane:

The Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment No. 172 to Facility Operating License (FOL) No. NPF-62 for the Clinton Power Station, Unit 1.

The amendment is in response to your application dated February 25, 2005.

The amendment deletes the reporting requirement in the FOL related to reporting violations of other requirements in the operating license.

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

Sincerely,

/RA/

Kahtan N. Jabbour, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No. 172 to NPF-62

2. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

PUBLIC LPLIII-2 R/F GHill (2)

RidsAcrsAcnwMailCenter RidsOgcRp RidsNrrLADClarke RidsNrrPMKJabbour RidsNrrRgn3MailCenter RidsNrrDirsItsb DORL DPR Package: ML060410717 Amendment: ML060410716 Tech Spec Pages: ML060880406 OFFICE CLIIP LPM LPLIII-2/PM LPLIII-2/LA OGC LPLIII- ITSB/BC 2/BC (A)

NAME WReckley KJabbour DClarke Zorn MLandau TBoyce (DJohnson for) (NLO)

DATE 2/14/06 2/14/06 2/22/06 2/14/06 2/24/06 2/23/06 OFFICIAL RECORD COPY

Clinton Power Station, Unit 1 cc:

Senior Vice President of Operations Clinton, IL 61727-9351 AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Clinton Power Station Plant Manager AmerGen Energy Company, LLC Illinois Emergency Management Clinton Power Station Agency RR 3, Box 228 Division of Disaster Assistance & Clinton, IL 61727-9351 Preparedness 110 East Adams Street Resident Inspector Springfield, IL 62701-1109 U.S. Nuclear Regulatory Commission RR #3, Box 229A Vice President - Licensing and Clinton, IL 61727 Regulatory Affairs AmerGen Energy Company, LLC Regional Administrator, Region III 4300 Winfield Road U.S. Nuclear Regulatory Commission Warrenville, IL 60555 Suite 210 2443 Warrenville Road Manager Licensing - Dresden, Quad Cities, Lisle, IL 60532-4351 and Clinton AmerGen Energy Company, LLC Assistant General Counsel 4300 Winfield Road Exelon Generation Company, LLC Warrenville, IL 60555 200 Exelon Way Kennett Square, PA 19348 Regulatory Assurance Manager - Clinton AmerGen Energy Company, LLC R. T. Hill Clinton Power Station Licensing Services Manager RR3, Box 228 General Electric Company Clinton, IL 61727-9351 175 Curtner Avenue, M/C 481 San Jose, CA 95125 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Chairman of DeWitt County 4300 Winfield Road c/o County Clerks Office Warrenville, IL 60555 DeWitt County Courthouse Clinton, IL 61727 Document Control Desk - Licensing AmerGen Energy Company, LLC J. W. Blattner 4300 Winfield Road Project Manager Warrenville, IL 60555 Sargent & Lundy Engineers 55 East Monroe Street Site Vice President - Clinton Power Station Chicago, IL 60603 AmerGen Energy Company, LLC Clinton Power Station RR 3, Box 228

AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-461 CLINTON POWER STATION, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 172 License No. NPF-62

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

A. The application for amendment by AmerGen Energy Company, LLC (the licensee), dated February 25, 2005, 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 Facility Operating License is amended by deletion of paragraph 2.G as indicated in the attachment to this license amendment.

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

Attachment:

Change to the Facility Operating License Date of Issuance: February 24, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 172 FACILITY OPERATING LICENSE NO. NPF-62 DOCKET NO. 50-461 Replace the following page of the Facility Operating License with the attached revised page.

The revised page is identified by an amendment number and contains a line in the margin identifying the area of change.

Remove Page Insert Page 8 8

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 172 TO FACILITY OPERATING LICENSE NO. NPF-62 AMERGEN ENERGY COMPANY, LLC CLINTON POWER STATION, UNIT 1 DOCKET NO. 50-461

1.0 INTRODUCTION

By application dated February 25, 2005, AmerGen Energy Company, LLC (the licensee) requested changes to the Facility Operating License (FOL) for Clinton Power Station, Unit 1 (Clinton). The proposed amendment would delete Section 2.G of the FOL that requires reporting of violations of the requirements in Section 2.C of the FOL. A notice announcing the availability of this proposed change using the consolidated line item improvement process (CLIIP) was published in the Federal Register on November 4, 2005 (70 FR 67202). The staff used the licensees application in the development of the CLIIP notice, and has evaluated the application using that process even though the application predates the notice of availability.

2.0 REGULATORY EVALUATION

A section or a license condition (typically Section 2.G) was included in the FOLs issued to some nuclear power plants requiring the licensees to make reports to the U.S. Nuclear Regulatory Commission (NRC) regarding violations of other sections of the operating license. A typical license condition reads as follows:1 Except as otherwise provided in this license and its appendices, the Licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73 (Licensee event report system).

In addition to the information provided to support licensing decisions, the NRC obtains information about plant operation, licensee programs, and other matters using a combination of inspections and reporting requirements. Routine or scheduled reports that are required to be submitted to the NRC are defined in the related regulations, specific license condition, technical specification, or an NRC-approved program document. The reporting of emergencies, 1

License Condition 2.G in the FOL for Clinton is similar to the standard language.

unplanned events or conditions, and other special cases may also be addressed within such documents by the inclusion of reporting thresholds and are also the focus of the reporting requirements in 10 CFR 50.72, Immediate notification requirements for operating nuclear power reactors, and 10 CFR 50.73, Licensee event report system. Changes to the reporting regulations in 10 CFR 50.72 and 50.73 became effective in January 2001 (see Federal Register notice on October 25, 2000 (65 FR 63769)) and included extending the allowable reporting times for licensee event reports (LERs) from 30 days to 60 days.

3.0 TECHNICAL EVALUATION

Section 2.G of the FOL for Clinton requires the licensee to report any violations of the requirements of Section 2.C of the FOL and defines the method and allowable time periods for such reports. The reporting threshold (i.e., a violation) for some of the conditions included in Section 2.C of the FOL duplicates those defined in 10 CFR 50.72 and 10 CFR 50.73. However, the requirements in the FOL may have different deadlines than those defined in the regulations (following a rule change in 2001). This difference in reporting requirements has led to variations in reporting since many facility operating licenses do not contain the subject condition. For those licensees with a 30-day reporting requirement in the FOL, the condition has decreased the benefits of the rulemaking. For those cases where the current FOL requirement to report violations is also reportable in accordance with the regulations defined in 10 CFR 50.72 and 10 CFR 50.73, the NRC staff finds that the regulations adequately address this issue and the elimination of the duplicative requirement in the FOL is acceptable.

Some of the conditions addressed in Section 2.C of the FOL may address the maintenance of particular programs, administrative requirements, or other matters where a violation of the requirement would not result in a report to the NRC in accordance with 10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for reports to the NRC related to these conditions in other regulations, the specific license condition or technical specification, or an NRC-approved program document. In other cases, there are reports to other agencies or news releases that would prompt a report to the NRC (in accordance with 10 CFR 50.72(b)(2)(xi)).

The NRC staff also assessed violations of administrative requirements that could be reportable under the current License Condition but that may not have a duplicative requirement in a regulation or other regulatory requirement. The NRC staff finds that the requirements to report such problems within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written reports to follow using the LER process is not needed. The NRC staff is confident that the information related to such violations that is actually important to the NRCs regulatory functions would come to light in a time frame comparable to the 60-day LER requirements. The information would become available to the appropriate NRC staff through the inspection program, updates to program documents, resultant licensing actions, public announcements, or some other reliable mechanism.

The NRC staff finds that the elimination of Section 2.G of the FOL for Clinton will not result in a loss of information to the NRC that would adversely affect either its goal to protect public health and safety or its ability to carry out its various other regulatory responsibilities.

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 amendment changes 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.

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 Contributor: W. Reckley Date: February 24, 2006