ML072540561

Emergency Action Level Revisions

ML072540561
Person / Time
Site:	Robinson
Issue date:	09/14/2007
From:	Vaaler M NRC/NRR/ADRO/DORL/LPLII-2
To:	Walt T Carolina Power & Light Co
Vaaler, Marlayna, NRR/DORL 415-1998
References
TAC MD3327
Download: ML072540561 (8)

Text

September 14, 2007 Mr. Thomas D. Walt, Vice President H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company 3581 West Entrance Road Hartsville, South Carolina 29550-0790

SUBJECT:

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 - EMERGENCY ACTION LEVEL REVISIONS (TAC NO. MD3327)

Dear Mr. Walt:

By letter dated October 6, 2006, as supplemented by letters dated June 27, 2007, and August 16, 2007, Carolina Power and Light Company, the licensee for the H.B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2, now doing business as Progress Energy Carolinas, Inc.,

requested prior U.S. Nuclear Regulatory Commission (NRC) approval for changes to the emergency action levels (EALs) for the plant.

The requested changes to the licensees EALs support a conversion from the current EAL scheme to a system based on the Nuclear Energy Institutes (NEI) Letter 99-01, Methodology for Development of Emergency Action Levels (Revision 4, January 2003), in accordance with Regulatory Issue Summary 2003-18, including Supplements 1 and 2, Use of NEI 99-01, Methodology for Development of Emergency Action Levels. HBRSEP currently uses an EAL scheme based on NUREG-0654, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants.

The NRC staff has completed a technical and regulatory review of the proposed EAL changes and supporting documentation. The staff has concluded that incorporation of the proposed changes does not decrease the effectiveness of the applicable Emergency Plans, and that the plans, as changed, continue to meet the standards of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Section 50.47, Emergency Plans, paragraph (b), and the requirements of Appendix E to 10 CFR Part 50, Emergency Planning and Preparedness for Production and Utilization Facilities.

T.D. Walt The basis for the staffs conclusion is contained in the attached safety evaluation. If you have any questions, please contact me 301-415-3178.

Sincerely,

/RA/

Marlayna Vaaler, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-261

Enclosure:

Safety Evaluation cc w/enclosure: See next page

T.D. Walt The basis for the staffs conclusion is contained in the attached safety evaluation. If you have any questions, please contact me 301-415-3178.

Sincerely,

/RA/

Marlayna Vaaler, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-261

Enclosure:

Safety Evaluation cc w/enclosure: See next page DISTRIBUTION:

PUBLIC RidsNrrDorlLpl2-2(TBoyce)

LPL2-2 R/F RidsNrrPMMVaaler (hard copy)

EWeiss, NSIR RidsNrrLACSola (hard copy)

MNorris, NSIR RidsRgn2MailCenter (RMusser)

RidsAcrsAcnwMailCenter RidsOgcRp Accession Number: ML072540561 NRR-106 OFFICE LPL2-2/PM LPL2-2/LA NSIR/LIB/BC LPL2-2/BC NAME MVaaler CSola EWeiss* SBailey for TBoyce DATE 09/10/07 09/13/07 9/4/2007 09/14/07

• by memo dated OFFICIAL RECORD COPY

Mr. T. D. Walt H. B. Robinson Steam Electric Plant, Carolina Power & Light Company Unit No. 2 cc:

David T. Conley Mr. C. T. Baucom Associate General Counsel II - Legal Supervisor, Licensing/Regulatory Programs Department H. B. Robinson Steam Electric Plant, Progress Energy Service Company, LLC Unit No. 2 Post Office Box 1551 Carolina Power & Light Company Raleigh, North Carolina 27602-1551 3581 West Entrance Road Hartsville, South Carolina 29550 Ms. Margaret A. Force Assistant Attorney General Ms. Beverly Hall, Section Chief State of North Carolina N.C. Department of Environment Post Office Box 629 and Natural Resources Raleigh, North Carolina 27602 Division of Radiation Protection 3825 Barrett Dr.

U. S. Nuclear Regulatory Commission Raleigh, North Carolina 27609-7721 Resident Inspectors Office H. B. Robinson Steam Electric Plant Mr. Robert P. Gruber 2112 Old Camden Road Executive Director Hartsville, South Carolina 29550 Public Staff - NCUC 4326 Mail Service Center Mr. Ernest J. Kapopoulos, Jr. Raleigh, North Carolina 27699-4326 Plant General Manager H. B. Robinson Steam Electric Plant, Mr. Henry H. Porter, Assistant Director Unit No. 2 South Carolina Department of Health Carolina Power & Light Company Bureau of Land & Waste Management 3581 West Entrance Road 2600 Bull Street Hartsville, South Carolina 29550 Columbia, South Carolina 29201 Director of Site Operations Mr. J. Paul Fulford H. B. Robinson Steam Electric Plant, Manager, Performance Evaluation and Unit No. 2 Regulatory Affairs PEB 5 Carolina Power & Light Company Carolina Power & Light Company 3581 West Entrance Road Post Office Box 1551 Hartsville, South Carolina 29550 Raleigh, North Carolina 27602-1551 Public Service Commission Mr. John H. ONeill, Jr.

State of South Carolina Pillsbury Winthrop Shaw Pittman, LLP Post Office Drawer 11649 2300 N Street NW.

Columbia, South Carolina 29211 Washington, DC 20037-1128 Ms. J. F. Lucas Manager - Support Services - Nuclear H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company 3581 West Entrance Road Hartsville, South Carolina 29550

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO PROPOSED REVISIONS OF THE EMERGENCY ACTION LEVELS FOR THE H. B. ROBINSON STEAM ELECTRIC PLANT DOCKET NO. 50-261

1.0 INTRODUCTION

By letter dated October 6, 2006 (Reference No. 1), as supplemented by letters dated June 27, 2007, and August 16, 2007 (Reference Nos. 2 and 3), Carolina Power and Light Company, the licensee for the H.B. Robinson Steam Electric Plant, Unit No. 2 (HBRSEP), now doing business as Progress Energy Carolinas, Inc. (PEC), requested prior approval from the U.S. Nuclear Regulatory Commission (NRC) for changes to the emergency action levels (EALs) for HBRSEP.

The requested changes to the licensees EALs support a conversion from the current EAL scheme to a system based on the Nuclear Energy Institutes (NEI) Letter 99-01, Methodology for Development of Emergency Action Levels, Revision 4, January 2003 (Reference No. 5), in accordance with Regulatory Issue Summary (RIS) 2003-18, including Supplements 1 and 2, Use of NEI 99-01, Methodology for Development of Emergency Action Levels (Reference No. 6). HBRSEP currently uses an EAL scheme based on NUREG-0654, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (Reference No. 4).

2.0 REGULATORY EVALUATION

2.1 Regulations Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Section 50.47, Emergency Plans, paragraph (a)(1), states that no operating license for a nuclear power reactor will be issued unless a finding is made by the NRC that the state of onsite and offsite emergency preparedness provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. 10 CFR 50.47 also establishes standards that must be met by the onsite and offsite emergency response plans in order for the NRC staff to make a positive finding that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. One of these standards, contained in 10 CFR 50.47(b)(4), stipulates that emergency plans include a standard emergency classification and action level scheme.

Section IV.B, Assessment Actions, to Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, of 10 CFR Part 50 states that emergency plans are to include EALs, which are to be used: 1) as criteria for determining the need for notification and participation of local and State agencies; and 2) for determining when and what type of protective measures should be considered both onsite and offsite to protect public health and

safety. EALs are to be based on in-plant conditions and instrumentation, as well as onsite and offsite monitoring.Section IV.B of Appendix E further states that initial EALs shall be discussed and agreed upon by the applicant and State and local authorities, with approval by the NRC.

The EALs are reviewed annually thereafter with State and local authorities.

In addition,Section IV.B of Appendix E states that an EAL revision must be approved by the NRC before implementation, if it involves: (1) the changing from an EAL scheme based on NUREG-0654/FEMA-REP-1 to a scheme based on NUMARC/NESP-007 or NEI 99-01; (2) the licensee is proposing an alternate method for complying with the regulations; or (3) the EAL revision has been evaluated by the licensee as constituting a decrease in effectiveness.

2.2 Guidance Appendix 1 to NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, dated November 1980, describes guidance for developing EALs as required in Section IV of Appendix E to 10 CFR Part 50 and 10 CFR 50.47(b)(4).

Revision 4 to Regulatory Guide (RG) 1.101, issued in July 2003 (Reference No. 7), endorses the guidance contained in NEI 99-01 as an acceptable alternative method to that given in NUREG-0654/FEMA-REP-1, Appendix 1.

RIS 2003-18 provides guidance for developing or changing a standard emergency classification and action level scheme. In addition, this RIS provides recommendations to assist licensees, consistent with Section IV.B to Appendix E of 10 CFR Part 50, in determining whether to seek prior NRC approval of deviations from the guidance.

3.0 TECHNICAL EVALUATION

HBRSEP currently utilizes an EAL scheme based on NUREG-0654. The proposed changes would allow the licensee to convert to an EAL scheme based on NEI 99-01 in accordance with the guidance from RIS 2003-18. The proposed changes also include the addition of a new EAL based on low lake level (EAL HU1.6) and the correction of a voltage threshold value for EAL CU1.2 as provided in Reference No. 3. These changes were submitted to the NRC for a technical and regulatory review prior to implementation, as required under Section IV.B of Appendix E to 10 CFR Part 50.

The staff reviewed the proposed revisions to the EALs against the guidance in NEI 99-01 to determine if the changes meet the following guidelines:

1. consistency (i.e., the proposed EALs would lead to similar decisions under similar circumstances at different plants);

2. human engineering and user friendliness;

3. potential for a classification upgrade only when there is an increasing threat to public health and safety;

4. ease of upgrading and downgrading;

5. thoroughness in addressing, and disposing of, the issues related to completeness and accuracy raised regarding NUREG-0654, Appendix 1;

6. technical completeness for each classification level;

7. a logical progression in classification for multiple events; and

8. objective, observable values.

The NRC staff reviewed the proposed EALs against EALs implemented at other plants of similar design, and has determined that the proposed EALs for HBRSEP are consistent with EALs implemented at other plants, use objective and observable values, and are consistent with the intent of NEI 99-01. The staff has also determined that the proposed EALs are worded such that human engineering and user friendliness concerns are adequately addressed.

The NRC staff reviewed the proposed EAL sets (a group of EALs within a category related to a common concern, i.e., the Unusual Event, Alert, Site Area Emergency, and General Emergency related to a failure of the plant to shutdown via an automatic scram, would be considered an EAL set), and has determined that classification upgrades are based upon an increasing threat to public health and safety. The staff also determined that the EAL sets can effectively support upgrading and downgrading, follow a logical progression for multiple events, and are in accordance with the intent of NEI 99-01.

The NRC staff reviewed the proposed EALs for technical completeness and accuracy and has determined that the proposed EALs are consistent with NEI 99-01, which was determined to be an acceptable alternative to EALs contained in NUREG-0654, Appendix 1.

4.0 CONCLUSION

The NRC staff performed a technical and regulatory review of the proposed changes to the HBRSEP EALs. The staff has determined that incorporation of the proposed EAL changes does not decrease the effectiveness of the applicable Emergency Plans, and that the plans, as changed, continue to meet the standards of 10 CFR Section 50.47(b) and the requirements of Appendix E to 10 CFR Part 50. The conclusions of this safety evaluation are specific to the EALs and EAL Technical Basis Document provided in Reference No. 2, to also include the addition of a new EAL based on low lake level (EAL HU1.6) and the correction of a voltage threshold value for EAL CU1.2, as provided in Reference No. 3.

The staff has determined, 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 proposed emergency plan changes will not be inimical to the common defense and security or to the health and safety of the public. The proposed changes to the HBRSEP EALs are therefore acceptable to the NRC staff.

5.0 REFERENCES

1. Letter from Progress Energy Carolinas, Inc., to the NRC dated October 6, 2006, Request for Review and Approval of Proposed Changes to Emergency Action Levels.

Agencywide Documents Access and Management System (ADAMS) Accession No. ML062890071. ADAMS Package Accession No. ML062890070.

2. Letter from Progress Energy Carolinas, Inc., to the NRC dated June 27, 2007, Response to NRC Request for Additional Information Regarding Proposed Revisions to the Emergency Action Levels. ADAMS Accession No. ML071860398.

3. Letter from Progress Energy Carolinas, Inc., to the NRC dated August 16, 2007, Response to NRC Request for Additional Information Regarding Proposed Revisions to the Emergency Action Levels. ADAMS Accession No. ML072350354. ADAMS Package Accession No. ML072350356.

4. NUREG-0654, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants. ADAMS Accession No. ML040420012.

5. NEI 99-01, Methodology for Development of Emergency Action Levels, Revision 4, January 2003. ADAMS Accession No. ML041470143.

6. Regulatory Issue Summary 2003-18, with Supplements 1 & 2, Use of NEI 99-01, Methodology for Development of Emergency Action Levels. ADAMS Accession Nos.

ML032580518, ML041550395, and ML051450482.

7. Regulatory Guide 1.101, Emergency Planning and Preparedness for Nuclear Power Reactors, Revision 4. ADAMS Accession No. ML032020276.

Principal Contributor: Michael Norris Date: September 14, 2007