ML072560056

9/12/2007 Meeting to Discuss Davis-Besse License Amendment Request for Conversion to Improved Technical Specifications (ITS) 9/12/2007 NRC Meeting Slides

ML072560056
Person / Time
Site:	Davis Besse
Issue date:	09/12/2007
From:	Thomas Wengert NRC/NRR/ADRO/DORL/LPLIII-2
To:
Wengert, Thomas J, NRR/DORL, 415-4037
Shared Package
ML072560043	List: ML072560046 ML072560056 ML072900117
References
LAR 06-0003
Download: ML072560056 (25)

Text

(7t2-( G-)

FirstEnergy Nuclear Operating Co. (FENOC)

Meeting to Discuss Davis-Besse License Amendment Request for Conversion to Improved Technical Specifications (ITS)

(LAR No. 06-0003; August 3, 2007)

September 11 - 12, 2007 9:00 AM "-4:00 PM U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike, Room O-04B6 Rockville, Maryland

Agenda (Day 2 of 2,- Revised)

,, Day 2

- Review select portions of draft NRC office instruction LIC-601 ("Technical Specification Conversion Accelerated Review") guidance

- Just-in-time training & issuance of passwords for NRC staff to submit questions to on-line Q&A database to facilitate accelerated review

- Opportunity for public comment

- Adjourn 9/12/2007 2

LIC-601 Review LIC-601 Development Continues and Will Incorporate Lessons-Learned During the Davis-Besse ITS Conversion Today We'll Review Sample Excerpts from Several LIC-601 References Important to Detailed Review & On-Line Q&A 1#'All LIC-601 References (with hyperlinks &

ML's) Have Been Replicated in the DBNPS ITS Cony. Workbook - "LIC-601 Refs" Tab 9/12/2007 3

Some Important Q&A Process Refs 10 CFR § 2.108 Denial of 10 CFR § 50.36, Technical application for failure to supply Specifications information 58 FR 29132 Final Policy COM-203, Informal Statement on Technical Interfacing and Exchange of Specifications Improvements ...

Information with Licensees and July 22, 1993 Applicants, Rev 1 10 CFR § 50.90 Application LIC-101, License Amendment For Amendment of License or Review Procedures, Rev 3 (Rev Construction Permit 4 Pending) , 10 CFR § 50.92 Issuance of

, LIC-202, Managing Plant- Amendment Specific Backfits ..., Rev 1 NRC Administrative Letter 96-MD-8.4, NRC Program for 04 -Efficient Adoption of Management of Plant-Specific Improved Standard Backfitting ... Technical Specifications, October, 1996 RIS-2000-06, Consolidated Line Item Improvement Process for , NEI 96-06, Improved Technical Adopting Standard Technical Specifications Conversion Specifications Changes ... Guidance, August, 1996 9/12/2007 4

10 CFR § 2.108 (NRR)... may deny an application if an applicant fails to respond to a request for additional information within thirty (30) days from the date of the request, or within such other time as may be specified 9/12/2007

COM-203 Informal Interfacing and Exchange of Information with Licensees and Applicants Regulations require that all license applications, requests for amendments and associated correspondence be submitted in writing or by authorized electronic submission (Electronic Information Exchange (EIE) or CD-ROM)

It is NRC policy to make all correspondence used to support decision making an officialagency record and to make it publicly available by placing a copy into ADAMS,, unless exempted..

In formation informallyexchanged with licensees or applicants, and used in decision making, must be properly documented to ensure public disclosure and allow public participation in the decision making process.

9/12/2007 6 6

COM-203 Outgoing correspondence from NRR cannot be considered an official agency issuance unless it has received appropriate review and concurrence and is signed by a person authorized by NRR Office Instruction ADM-200, "Delegation of Signature Authority."

Staff members should refrain from stepping out of the role of the regulator and into the role of advisor. E.g.,

- Detailed input on the technical content would not be appropriate.

- Also, staff members should refrain from providing comments or advice that would give more of an advantage to one licensee or applicant than to any other.

Comments on the scope of discussion needed for decision making, the need to address regulatory or industry guidelines, or editorial and formatting suggestions that would facilitate staff review, would be acceptable.

9/12/2007 7

LiC-1 01 The SE provides the technical, safety, and legal basis for the NRC's disposition of a license amendment request.

The SE should provide sufficient information to explain the staff's rationale to someone unfamiliar with the licensee's request.

The SE includes a brief description of the proposed change, the regulatory requirements related to the issue, and an evaluation that explains why the staff's disposition of the request satisfies the regulatory requirements.

Given that the SE serves as the record of the staff's disposition of a license amendment request, the information relied upon in the SE must be docketed correspondence 9/12/2007 8

LIC-1 01 Requests for additional information (RAIs) serve the purpose of enabling the staff to obtain all relevant information needed to make a decision on a licensing

.action request that is fully informed, technically correct, and legally defensible, RAIs are necessary when the information was not included in the initial submittal, is not contained in any other docketed correspondence, or cannot reasonably be inferred from the information available to the staff.

RAIs should be directly related to the applicable requirements related to the amendment application, and consistent with the applicable codes, standards, regulatory guides, and/or the applicable Standard Review Plan sections.

RAIs should not be used as general information requests or as a means to encourage commitments from licensees.

9/12/2007 9

LIC-202 The Backfit Rule, 10 CFR 50.109... requires that the NRC justify each backfit with either a regulatory analysis or a documented evaluation If ... staff determines that a ... backfit that is necessary to bring a facility into compliance ...,

or ... necessary to ensure ... adequate protection to the public health and safety, or ..., (then)...

staff should, within 2 weeks of determination.

provide ... a documented evaluation...

The position that constitutes the potential backfit should not be communicated to the licensee until the issue has been resolved and approved by the ADRO.

9/12/2007 10

MD-8.4 Backfitting is the process by which NRC decides whether to impose new or revised regulatory requir ements or staff positions on NRC-licensed nuclear power reactors

., Backfitting is an inherent part of the regulatory process and is expected to occur. However, it is to be implemented only after a formal and systematic review to ensure that the proposed changes are properly justified and suitably defined.

9/12/2007 11

RIS-2000-06 The NRC staff reviews the changes to the STS proposed by the TSTF (referred to as TSTF changes) and will accept, modify, or reject them.

Once TSTF changes are accepted, they are considered to be part of the STS.

Individual licensees may propose to adopt the TSTF changes during a conversion to the STS or as a separate license amendment application.

9/12/2007 12

10 CFR 50.36 (a) Each applicant ...shall include...

proposed technical specifications in accordance with the requirements of this section. A summary statement of the bases or reasons for such specifications... shall also be included...

(b) ...The technical specifications will be derived from the analyses and evaluation included in the safety analysis report...

9/12/2007 13

58 FR 29132 The purpose of Technical Specifications is to impose those conditions or limitations upon reactor operation necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety by identifying those features that are of controlling importance to safety and establishing on them certain conditions of operation which cannot be changed without prior Commission approval 9/12/2007 14 1

58 FR 29132 The Commission encourages licensees to use the improved STS as the basis for plant-specific Technical Specifications. During ... conversions, the nonvoluntary addition of new requirements from the improved STS to individual plant Technical Specifications will be evaluated in accordance with the Commission regulations on backfitting (10 CFR 50.109) unless the staff suggested additional changes are needed to make the licensee requested changes acceptable from the standpoint of adequate protection or compliance with NRC regulations, in which case § 50.109 does not apply and the request may be denied without the additional items 9/12/2007 15

58 FR 29132 When licensees submit amendment requests ... , they should identify the location of and controls for the technical and administrative requirements of the relocated requirements, The NRC staff will carefully review these submittals to ensure the accountability and the acceptability of controls for each relocated requirement.

9/12/2007 16 1

50.90 T Whenever a holder of a license ...

desires to amend the license...

application ...must be filed ... fully describing the changes desired, and following as far as applicable, the form prescribed for original applications.

9/12/2007 17

50.92 (a) In determining whether an amendment to a license ... will be issued to the applicant, the Commission will be guided by the considerations which govern the issuance of initial licenses ... to the extent applicable and appropriate.

9/12/2007 18

Adm Ltr 96-04 The NRC continues to believe that total adoption of the improved STS will substantially improve the efficiency of the regulatory process, and ensure that licensee and NRC resources are applied to significant safety matters The major objective of converting from plant-specific technical specifications to the improved STS is to achieve as much consistency in the license requirements as possible, to the extent that the plant-specific design basis can conform with the related typical plant design reflected in the improved STS.

9/12/2007 19

NEI 96-06 Si.gnificant discussion and disposition of philosophical and technical issues between the industry and the NRC occurred during the development of the ISTS. Therefore, a high threshold should be satisfied for deviating from the ISTS in the ITS.

Language and justifiedon a format preferences, unless lant-specific basis, should be avoided. This is especially true of Sections 1.0 and 3.0. This high threshold is used to preserve the standardization of the use and meaning of the requirements for the industry and the NRC.

V/1Z/ZUU/ 20

NEI 96-06 The licensee may decide not to adopt certain ISTS provisions because conformance with the ISTS would constitute an unwarranted backfit to existing license requirements.

For these changes, the NRC may consider whether plant-specific provisions affect the completeness of the ISTS, and determine if a backfit evaluation is warranted.

9/12/2007 21

Just-in-time training & issuance of passwords

...for NRC staff to submit questions to on-line Q&A database to facilitate accelerated review and request-for-additional-information (RIA) processes

Any Further Discussion or Questions from Staff?

From Licensee?

Opportunity for Public Comment Thank You For Your Participation Any Further Comments or Questions?

Adjourn