ML072550015

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License Amendments 236 & 231 Administrative Changes to the Technical Specifications by Incorporating References to the Recently Approved Quality Assurance Topical Report
ML072550015
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 11/02/2007
From: Mozafari B
NRC/NRR/ADRO/DORL/LPLII-2
To: Stall J
Florida Power & Light Co
Mozafari B, NRR/ADRO/DORL, 415-2020
Shared Package
ML072550082 List:
References
TAC MD5521, TAC MD5522
Download: ML072550015 (17)


Text

November 2, 2007 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

TURKEY POINT UNITS 3 AND 4 - ISSUANCE OF AMENDMENTS REGARDING ADMINISTRATIVE CHANGES TO THE TECHNICAL SPECIFICATIONS BY INCORPORATING REFERENCES TO THE RECENTLY APPROVED QUALITY ASSURANCE TOPICAL REPORT (TAC NOS. MD5521 AND MD5522)

Dear Mr. Stall:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 236 to Renewed Facility Operating License No. DPR-31 and Amendment No. 231 to Renewed Facility Operating License No. DPR-41 for the Turkey Point Plant, Units Nos. 3 and 4, respectively. The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated May 4, 2007. The Amendments incorporated administrative changes to TSs 6.2.1a and 6.8.1a, related to the Quality Assurance Topical Report.

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

Sincerely,

/RA/

Brenda L. Mozafari, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251

Enclosures:

1. Amendment No. 236 to DPR-31
2. Amendment No. 231 to DPR-41
3. Safety Evaluation cc w/enclosures: See next page

Florida Power and Light Company TURKEY POINT PLANT cc:

Mr. William E. Webster Vice President, Nuclear Operations, South Region Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004 William Jefferson, Jr.

Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Michael O. Pearce Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 James Connolly, Licensing Manager Florida Power and Light Company Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, FL 33035 Don E. Grissette Vice President, Nuclear Training and Performance Improvement Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President, Nuclear Technical Services Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

ML072550015 PKG:ML072550082 T.S.: ml073110473 NRR-058 OFFICE LPL2-2/PM LPL2-2/LA ITSB OGC LPL2-2/BC NAME BMozafari BClayton TKobetz By memo dtd LSubin TBoyce DATE 10/30/07 10/30/07 8/30/07 11/01/07 11/ 02/07

FLORIDA POWER AND LIGHT COMPANY DOCKET NO. 50-250 TURKEY POINT PLANT UNIT NO. 3 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 236 Renewed License No. DPR-31

1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment by Florida Power & Light Company (the licensee) dated May 7, 2007, 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 Technical Specifications as indicated in the attachment to this license amendment, and paragraph 3.B of Renewed Facility Operating License No. DPR-31 is hereby amended to read as follows:

B.

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 236 are hereby incorporated into this renewed license. The Environmental Protection Plan contained in Appendix B is hereby incorporated into this renewed 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 issuance and shall be implemented within 60 days within issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Thomas H. Boyce, Chief Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License and Technical Specifications Date of Issuance: November 2, 2007

ATTACHMENT TO LICENSE AMENDMENTS AMENDMENT NO. 236 RENEWED FACILITY OPERATING LICENSE NO. DPR-31 AMENDMENT NO. 231 RENEWED FACILITY OPERATING LICENSE NO. DPR-41 DOCKET NOS. 50-250 AND 50-251 Replace Page 3 of Renewed Operating License DPR-31 with the attached Page 3.

Replace Page 3 of Renewed Operating License DPR-41 with the attached Page 3.

Revise the Appendix A Technical Specifications by removing the pages identified below and inserting the attached pages. The revised pages are identified by the captioned amendment number and contain marginal lines indicating the area of change.

REMOVE INSERT 6-1 6-1 6-13 6-13

FLORIDA POWER AND LIGHT COMPANY DOCKET NO. 50-251 TURKEY POINT PLANT UNIT NO. 4 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 231 Renewed License No. DPR-41

1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment by Florida Power & Light Company (the licensee) dated May 7, 2007, 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 Technical Specifications as indicated in the attachment to this license amendment, and paragraph 3.B of renewed Facility Operating License No. DPR-41 is hereby amended to read as follows:

(B)

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 231, are hereby incorporated in the license. The Environmental Protection Plan contained in Appendix B is hereby incorporated into the license. The licensee shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This licensee amendment is effective as of its date of issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Thomas H. Boyce, Chief Plant Licensing Branch II-2 Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License and Technical Specifications Date of Issuance: November 2, 2007

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 236 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-31 AND AMENDMENT NO. 231 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-41 FLORIDA POWER AND LIGHT COMPANY TURKEY POINT UNIT NOS. 3 AND 4 DOCKET NOS. 50-250 AND 50-251

1.

INTRODUCTION Pursuant to Title 10, Code of Federal Regulations (10CFR) Section 50.90, on May 4, 2007, Florida Power & Light Company (FPL, the licensee) submitted a License Amendment Request (See ADAMS Accession Number ML071360128) to revise the Technical Specifications (TS) of Turkey Point Units 3 and 4.

The licensee is requesting to add references to the recently approved Quality Assurance Topical Report (QATR) in TS sections 6.2.1a and 6.8.1a, and delete references to Appendix A of Regulatory Guide (RG) 1.33 Revision 2, February 1978 and American National Standards guidance document ANSI N18.7-1972 from TS section 6.8.1a. The QATR was approved by the Nuclear Regulatory Commission (NRC) on December 29, 2006 (ADAMS Accession Number ML0635401971).

2.0 REGULATORY EVALUATION

Section 182a of the Atomic Energy Act (Act) requires applicants for nuclear power plant operating licenses to include TS as part of the license. These TS are derived from the plant safety analyses. The requirements in 10 CFR 50.36 list the items that must be included in TS.

Specifically, 10 CFR 50.36(c)(5) contains the TS requirements for Administrative Controls.

Requirements for amendments to TS are found in 10 CFR 50.90.

The staff reviewed the proposed changes for compliance with 10 CFR 50.36. In general, licensees must fully describe and justify the desired TS changes. The staff then makes a determination as to whether the proposed changes maintain adequate safety. Changes that result in relaxation (less restrictive condition) of current TS requirements require detailed justification.

In general, there are two classes of changes to TS: (1) changes needed to reflect contents of the design basis (TS are derived from the design basis), and (2) voluntary changes to take advantage of the evolution in policy and guidance as to the required content and preferred format of TS over time. This amendment deals with the second class of change

Licensees may revise the TS provided that plant-specific review supports a finding of continued adequate safety because: (1) the change is editorial, administrative or provides clarification (i.e.,

no requirements are materially altered), (2) the change is more restrictive than the licensees current requirement, or (3) the change is less restrictive than the licensees current requirement, but nonetheless still affords adequate assurance of safety when judged against current regulatory standards. The detailed application of this general framework, and additional specialized guidance, are discussed in Section 3.0 in the context of specific proposed changes.

3.0 TECHNICAL EVALUATION

The Licensees TS revision proposes to make changes that are editorial, administrative or provide clarification. In order for these changes to be acceptable the staff must determine that the editorial, administrative, and clarification changes do not alter the TS requirements.

The licensee proposes to revise the Plant TS to add references to the recently approved QATR in TS sections 6.2.1a, and 6.8.1a, and delete references to Appendix A of RG 1.33, Revision 2, February 1978 and ANSI N18.7-1972 from TS section 6.8.1a. The QATR was approved by the NRC on December 29, 2006 (ADAMS Accession Number ML0635401971).

The QATR was submitted to NRC to replace and consolidate previously docketed site specific Quality Assurance (QA) programs for St. Lucie, Turkey Point, Seabrook, and Duane Arnold. In the NRC QATR approval letter of December 29, 2006, NRC found the licensee adequately incorporated, as necessary, ANSI N18.7-1976, which superseded ANSI N18.7-1972, into the QATR. The approval letter also concluded that the QATR, when properly implemented, describes the philosophy and controls that comply with regulatory positions found in RG 1.33 Revision 2, February 1978. The licensee will not alter TS requirements by citing the QATR and removing references to ANSI N18.7 and RG 1.33.

The licensees proposed changes in this license amendment request are administrative in nature, reflect the current configuration of the plant and do not change the TS requirements.

The staff finds the proposed changes are technically justified, and comply with 10 CFR 50.36.

On this basis, the NRC staff concludes that the proposed changes to the TS of the plants identified in this Safety Evaluation are acceptable.

The staff concludes that the licensees proposed changes are acceptable since the changes are administrative and do not alter the TS requirements.

4.0 ENVIRONMENTAL CONSIDERATION

These amendments relate to changes in record keeping, administrative procedures or requirements. 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 FR 36522 dated July 3, 2007). Accordingly, these 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 these amendments.

5.0 CONCLUSION

The Commission has concluded, on the basis of 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: Matthew Hamm Date: November 2, 2007