ML070680197
| ML070680197 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/19/2007 |
| From: | Thomas Wengert Plant Licensing Branch III-2 |
| To: | Pearce L FirstEnergy Nuclear Operating Co |
| Wengert, Thomas | |
| References | |
| TAC MD3336 | |
| Download: ML070680197 (3) | |
Text
April 19, 2007 Mr. L. W. Pearce Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081
SUBJECT:
PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT RE: ELIMINATING UNNECESSARY REPORTING REQUIREMENTS IN THE OPERATING LICENSE AND THE ADMINISTRATIVE CONTROLS SECTION OF THE TECHNICAL SPECIFICATIONS (TAC NO. MD3336)
Dear Mr. Pearce:
The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 140 to Facility Operating License (FOL) No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the FOL and Technical Specifications (TSs) in response to your application dated October 13, 2006.
This amendment revises FOL No. NPF-58 by deleting Operating License Section 2.F, which specifies reporting of violations of Operating License Section 2.C, and eliminates TS 5.6.6, which contains a reporting condition similar to Operating License Section 2.C.(6).
A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice.
Sincerely,
/RA/
Thomas J. Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440
Enclosures:
- 1. Amendment No. 140 to NPF-58
- 2. Safety Evaluation cc w/encls: See next page
April 19, 2007 Mr. L. W. Pearce Site Vice President FirstEnergy Nuclear Operating Company P.O. Box 97, A290 10 Center Road Perry, Ohio 44081
SUBJECT:
PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT RE: ELIMINATING UNNECESSARY REPORTING REQUIREMENTS IN THE OPERATING LICENSE AND THE ADMINISTRATIVE CONTROLS SECTION OF THE TECHNICAL SPECIFICATIONS (TAC NO. MD3336)
Dear Mr. Pearce:
The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 140 to Facility Operating License (FOL) No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the FOL and Technical Specifications (TSs) in response to your application dated October 13, 2006.
This amendment revises FOL No. NPF-58 by deleting Operating License Section 2.F, which specifies reporting of violations of Operating License Section 2.C, and eliminates TS 5.6.6, which contains a reporting condition similar to Operating License Section 2.C.(6).
A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice.
Sincerely,
/RA/
Thomas J. Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440
Enclosures:
- 1. Amendment No. 140 to NPF-58
- 2. Safety Evaluation DISTRIBUTION:
PUBLIC LPL3-2 R/F RidsNrrPMTWengert RidsNrrDirsItsb RidsOgcRp RidsNrrLAEWhitt RidsRgn3MailCenter RidsNrrDorlLpl3-2 RidsAcrsAcnwMailCenter RidsNrrDorlDpr GHill (2)
Package Accession Number: ML070680201 Amendment Accession Number: ML070680197 TS Accession Number: ML071140126
- NLO NRR-058 OFFICE LPL3-2/PM LPL3-2/LA DIRS/ITSB OGC LPL3-2/BC NAME TWengert:mw EWhitt TKobetz JBiggins
- RGibbs DATE 4/19/07 4/19/07 4/9/07 4/16/07 4/19/07 OFFICIAL RECORD COPY
Perry Nuclear Power Plant, Unit No. 1 cc:
David W. Jenkins, Attorney FirstEnergy Corporation Mail Stop A-GO-18 76 South Main Street Akron, OH 44308 Resident Inspector's Office U.S. Nuclear Regulatory Commission P.O. Box 331 Perry, OH 44081-0331 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4531 Sue Hiatt OCRE Interim Representative 8275 Munson Mentor, OH 44060 Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A210 P.O. Box 97, 10 Center Road Perry, OH 44081-0097 Mayor, Village of North Perry North Perry Village Hall 4449 Lockwood Road North Perry Village, OH 44081 Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-7150 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Zack A. Clayton DERR Ohio Environmental Protection Agency ATTN: Mr. Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149 Chairman Perry Township Board of Trustees 3750 Center Road, Box 65 Perry, OH 44081 Daniel Z. Fisher Transportation Department Public Utilities Commission 180 East Broad Street Columbus, OH 43215-3793 Joseph J. Hagan Senior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company Mail Stop A-GHE-315 395 Ghent Road Akron, OH 44333 Joseph J. Hagan President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 76 South Main Street Akron, OH 44308
Perry Nuclear Power Plant, Unit No. 1 cc:
Danny L. Pace Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Manager, Fleet Licensing FirstEnergy Nuclear Operating Company Mail Stop A-GHE-115 395 Ghent Road Akron, OH 44333 Richard Anderson Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308
FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.
OHIO EDISON COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 140 License No. NPF-58 1.
The U.S. Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for license filed by FirstEnergy Nuclear Operating Company, et al., (FENOC, the licensee) dated October 13, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions 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 Commissions 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 Commissions regulations and all applicable requirements have been satisfied.
2.
Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. NPF-58 is hereby amended to read as follows:
(2)
Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 140 are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
3.
This license amendment is effective as of its date of its issuance and shall be implemented within 90 days of the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Russell Gibbs, Chief Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Attachment:
Changes to the Technical Specifications and Facility Operating License Date of Issuance: April 19, 2007
ATTACHMENT TO LICENSE AMENDMENT NO. 140 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 Replace the following pages of the Facility Operating License and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Insert License Page 4 License Page 4 License Page 6 License Page 6 5.0-18 5.0-18 renewal. Such sale and leaseback transactions are subject to the representations and conditions set forth in the above mentioned application of January 23, 1987, as supplemented on March 3, 1987, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated March 16, 1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP Unit 1. For purposes of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit 1 remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.
(b)
Further, the licensees are also required to notify the NRC in writing prior to any change in: (I) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP Unit 1; and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.
C.
This license shall be deemed to contain and is subject to the conditions specified in the Commissions 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 and hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)
Maximum Power Level FENOC is authorized to operate the facility at reactor core power levels not in excess of 3758 megawatts thermal (100% 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. 140, are hereby incorporated into the license. FENOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3)
Antitrust Conditions
- a. FirstEnergy Nuclear Generation Corp. and Ohio Edison Company Amendment No. 140
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 140 TO FACILITY OPERATING LICENSE NO. NPF-58 FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.
OHIO EDISON COMPANY PERRY NUCLEAR POWER PLANT, UNIT NO. 1 DOCKET NO. 50-440
1.0 INTRODUCTION
By letter to the Nuclear Regulatory Commission (NRC, the Commission) dated October 13, 2006, FirstEnergy Nuclear Operating Company, et al. (FENOC, the licensee), proposed a license amendment to change the Facility Operating License (FOL) for Perry Nuclear Power Plant (PNPP), Unit No. 1, (Agencywide Documents Access and Management System Accession No. ML062970447). The proposed amendment would delete Section 2.F of the FOL, which 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 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 FOLs issued to some nuclear power plants requiring the licensee to make reports to the NRC regarding violations of other sections of the operating license (typically Section 2.C). In the case of PNPP, Section 2.F of the FOL reads as follows:
Except for Section 2.C.(2), FENOC 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 in accordance with the procedures described in 10 CFR 50.73(a)(1), (b), (c), 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 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 (65 FR 63769; October 25, 2000) and included extending the allowable reporting times for licensee event reports (LERs) from 30 days to 60 days.
The administrative section of the technical specifications (TS) for the PNPP also includes a reporting requirement that duplicates the requirements in 10 CFR 50.72 and 10 CFR 50.73, but which does not reflect subsequent changes in those regulations such as requiring LERs within 60 days instead of 30 days.
3.0 TECHNICAL EVALUATION
Section 2.F of the PNPP FOL 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 the conditions included in Section 2.C of the FOL duplicate those defined in 10 CFR 50.72 and 10 CFR 50.73. However, the requirements in the FOL 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 FOLs 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 TS, 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.F in the PNPP FOL 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.F of the FOL is acceptable.
The reporting requirement defined in TS 5.6.6 for the PNPP requires a report to the NRC when Violations of the requirements of the fire protection program described in the USAR which would have adversely affected the ability to achieve and maintain safe shutdown in the event of a fire shall be reported via the Licensee Event Report system. This requirement duplicates the requirements in 10 CFR 50.72 and 10 CFR 50.73, but does not reflect subsequent changes in those regulations such as requiring LERs within 60 days instead of 30 days. The NRC staff finds the elimination of the TS requirement acceptable since the required reports are defined in an established NRC regulation that is also applicable to this licensee.
4.0 STATE CONSULTATION
In accordance with the Commissions regulations, the Ohio 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 Commissions 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.
7.0 REFERENCE NRCs model SE published in the Federal Register on August 29, 2005 (70 FR 51098).
Principal Contributor: T. Wertz Date: April 19, 2007