ML070440502
| ML070440502 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/19/2007 |
| From: | Wang A NRC/NRR/ADRO/DORL/LPLIV |
| To: | Keenan J Pacific Gas & Electric Co |
| Wang A, NRR/DORL/LPL4, 301-415-1445 | |
| Shared Package | |
| ML070440500 | List: |
| References | |
| TAC MD3817, TAC MD3818 | |
| Download: ML070440502 (13) | |
Text
March 19, 2007 Mr. John S. Keenan Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 770000 San Francisco, CA 94177-0001
SUBJECT:
DIABLO CANYON POWER PLANT, UNIT NOS. 1 AND 2 - ISSUANCE OF AMENDMENTS RE: DELETION OF LICENSE CONDITION SECTION 2.G OF THE FACILITY OPERATING LICENSES (TAC NOS. MD3817 AND MD3818)
Dear Mr. Keenan:
The U.S. Nuclear Regulatory Commission (the Commission/NRC) has issued the enclosed Amendment No. 193 to Facility Operating License No. DPR-80 and Amendment No. 194 to Facility Operating License No. DPR-82 for the Diablo Canyon Power Plant, Unit Nos. 1 and 2, respectively. The amendments consist of changes to the Technical Specifications in response to your application dated December 14, 2006.
The amendments delete Section 2.G of Facility Operating License Nos. DPR-80 and DPR-82, which require reporting of violations of the requirements of Sections 2.C, 2.E, and 2.F of the operating license. This operating license improvement was made available by the NRC on November 4, 2005, as part of the consolidated line item improvement process (CLIIP).
A copy of the related Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next regular biweekly Federal Register notice.
Sincerely,
/RA/
Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323
Enclosures:
- 1. Amendment No. 193 to DPR-80
- 2. Amendment No. 194 to DPR-82
- 3. Safety Evaluation cc w/encls: See next page
Pkg ML070440500 (Amdt./License ML070440502, Corr. License Pgs ML070440503)
OFFICE NRR/LPL4/PM NRR/LPL4/LA DCI/CSGB/BC OGC NRR/LPL4/BC NAME AWang LFeizollahi TWertz APH DTerao DATE 2/27/07 2/23/07 2/7/07 3/5/07 3/8/07 Diablo Canyon Power Plant, Units 1 and 2 cc:
NRC Resident Inspector Antonio Fernández, Esq.
Diablo Canyon Power Plant Pacific Gas & Electric Company c/o U.S. Nuclear Regulatory Commission P.O. Box 7442 P.O. Box 369 San Francisco, CA 94120 Avila Beach, CA 93424 City Editor Sierra Club San Lucia Chapter The Tribune ATTN: Andrew Christie 3825 South Higuera Street P.O. Box 15755 P.O. Box 112 San Luis Obispo, CA 93406 San Luis Obispo, CA 93406-0112 Ms. Nancy Culver Director, Radiologic Health Branch San Luis Obispo State Department of Health Services Mothers for Peace P.O. Box 997414, MS 7610 P.O. Box 164 Sacramento, CA 95899-7414 Pismo Beach, CA 93448 Mr. James D. Boyd, Commissioner Chairman California Energy Commission San Luis Obispo County 1516 Ninth Street (MS 31)
Board of Supervisors Sacramento, CA 95814 1055 Monterey Street, Suite D430 San Luis Obispo, CA 93408 Mr. James R. Becker, Vice President Diablo Canyon Operations Mr. Truman Burns and Station Director Mr. Robert Kinosian Diablo Canyon Power Plant California Public Utilities Commission P.O. Box 56 505 Van Ness, Room 4102 Avila Beach, CA 93424 San Francisco, CA 94102 Jennifer Tang Diablo Canyon Independent Safety Field Representative Committee United States Senator Barbara Boxer ATTN: Robert R. Wellington, Esq. 1700 Montgomery Street, Suite 240 Legal Counsel San Francisco, CA 94111 857 Cass Street, Suite D Monterey, CA 93940 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 January 2007
PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-275 DIABLO CANYON NUCLEAR POWER PLANT, UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 193 License No. DPR-80
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for amendment by Pacific Gas and Electric Company (the licensee), dated December 14, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 paragraph 2.C.(2) and Section 2.G of Facility Operating License No. DPR-80 as indicated in the attachment to this license amendment.
- 3. This license amendment is effective as of its date of issuance and shall be implemented within 90 days.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
David Terao, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Attachment:
Changes to the Facility Operating License Date of Issuance: March 19, 2007
PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-323 DIABLO CANYON NUCLEAR POWER PLANT, UNIT NO. 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 194 License No. DPR-82
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for amendment by Pacific Gas and Electric Company (the licensee), dated December 14, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 paragraph 2.C.(2) and Section 2.G of Facility Operating License No. DPR-82 as indicated in the attachment to this license amendment.
- 3. This license amendment is effective as of its date of issuance and shall be implemented within 90 days.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
David Terao, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Attachment:
Changes to the Facility Operating License Date of Issuance: March 19, 2007
ATTACHMENT TO LICENSE AMENDMENT NO.193 TO FACILITY OPERATING LICENSE NO. DPR-80 AND AMENDMENT NO. 194 TO FACILITY OPERATING LICENSE NO. DPR-82 DOCKET NOS. 50-275 AND 50-323 Replace the following pages of the Facility Operating Licenses, Nos. DPR-80 and DPR-82, with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Facility Operating License No. DPR-80 REMOVE INSERT Facility Operating License No. DPR-82 REMOVE INSERT (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
C. This License shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level The Pacific Gas and Electric Company is authorized to operate the facility at reactor core power levels not in excess of 3411 megawatts thermal (100% rated power) in accordance with the conditions specified herein.
(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 193, are hereby incorporated in the license. Pacific Gas & Electric Company l shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan, except where otherwise stated in specific license conditions.
(3) Initial Test Program The Pacific Gas and Electric Company shall conduct the post-fuel-loading initial test program (set forth in Section 14 of Pacific Gas and Electric Companys Final Safety Analysis Report, as amended), without making any major modifications of this program unless modifications have been identified and have received prior NRC approval. Major modifications are defined as:
- a. Elimination of any test identified in Section 14 of PG&E's Final Safety Analysis Report as amended as being essential; Amendment No. 193
(4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
C. This License shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incor-porated below:
(1) Maximum Power Level The Pacific Gas and Electric Company is authorized to operate the facility at reactor core power levels not in excess of 3411 megawatts thermal (100% rated power) in accordance with the conditions specified herein.
(2) Technical Specifications (SSER 32, Section 8)* and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 194, are hereby incorporated in the license. l Pacific Gas & Electric Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan, except where otherwise stated in specific license conditions.
(3) Initial Test Program (SSER 31, Section 4.4.1)
Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.
- The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.
Amendment No. 194
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 193 TO FACILITY OPERATING LICENSE NO. DPR-80 AND AMENDMENT NO. 194 TO FACILITY OPERATING LICENSE NO. DPR-82 PACIFIC GAS AND ELECTRIC COMPANY DIABLO CANYON POWER PLANT, UNITS 1 AND 2 DOCKET NOS. 50-275 AND 50-323
1.0 INTRODUCTION
By application dated December 14, 2006 (Agencywide Documents Access and Management System Accession No. ML063610338), Pacific Gas and Electric Company (PG&E or the licensee) requested changes to the Facility Operating License Nos. DPR-80 and DPR-82 for the Diablo Canyon Power Plant, Units 1 and 2 (DCPP).
The proposed amendments would delete Section 2.G of Facility Operating License Nos. DPR-80 and DPR-82, which require reporting of violations of the requirements of Sections 2.C, 2.E, and 2.F of the operating license. A notice announcing the availability of this proposed change using the consolidated line item improvement process was published in the Federal Register on November 4, 2005 (70 FR 67202).
2.0 REGULATORY EVALUATION
A section or condition was included in the facility operating licenses issued to some nuclear power plants requiring the licensee to make reports to the U.S. Nuclear Regulatory Commission (NRC) regarding violations of other sections of the operating license (typically Section 2.C). In the case of DCPP, Section 2.G of the Facility Operating Licenses reads as follows:
PG&E shall report any violations of the requirements contained in Sections 2.C(3) and 2.C(4), 2.C(6) through 2.C(10), 2.E and 2.F, of this License within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Initial notification shall be made in accordance with the provisions of 10 CFR 50.72 with written follow-up in accordance with the procedures described in 10 CFR 50.73(b), (c),
(d) and (e).
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, 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 Section 50.72 of Title 10 of the Code of Federal Regulations (10 CFR),
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 of 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 DCPP Facility Operating Licenses requires the licensee to report any violations of the requirements of Sections 2.C(3), (4), and (6) through (10), 2.E, and 2.F of the Facility Operating Licenses and defines the method and allowable time periods for such reports.
The reporting threshold (i.e., a violation) for the conditions included in Sections 2.C(3), (4), and (6) through (10), 2.E, and 2.F of the Facility Operating Licenses duplicate those defined in 10 CFR 50.72 and 10 CFR 50.73. However, the requirements in the facility operating licenses 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 facility operating license, the condition has decreased the benefits of the rulemaking. For those cases where the current facility operating license 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 facility operating license is acceptable.
Some of the conditions addressed in Sections 2.C(3), (4), and (6) through (10), 2.E, and 2.F of the Facility Operating Licenses 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 in the DCPP Facility Operating Licenses 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. Therefore, the elimination of Section 2.G of the Facility Operating Licenses is acceptable.
4.0 STATE CONSULTATION
In accordance with the Commission's regulations, the California State official was notified of the proposed issuance of the amendments. The State official had no comments.
5.0 ENVIRONMENTAL CONSIDERATION
The amendments change a requirement with respect to the installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendments involve no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. 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 (72 FR154; published on January 3, 2007). Accordingly, the amendments meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 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.
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.
7.0 REFERENCE NRCs model safety evaluation published in the Federal Register on August 29, 2005 (70 FR 51098).
Principal Contributor: T. Wertz Date: March 19, 2007