ML073241015

Issuance of Amendments 359, 361 & 360, Regarding Removal of the Gaseous Radioactive Monitor from the Technical Specifications

ML073241015
Person / Time
Site:	Oconee
Issue date:	12/19/2007
From:	Olshan L NRC/NRR/ADRO/DORL/LPLII-1
To:	Brandi Hamilton Duke Power Co
Olshan L N, NRR/DORL, 415-1419
Shared Package
ML073241009	List: ML073241015 ML073550629
References
TAC MD4041, TAC MD4042, TAC MD4043
Download: ML073241015 (12)

Text

December 19, 2007 Mr. Bruce H. Hamilton Vice President, Oconee Site Duke Power Company LLC 7800 Rochester Highway Seneca, SC 29672

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3, ISSUANCE OF AMENDMENTS REGARDING REMOVAL OF THE GASEOUS RADIOACTIVE MONITOR FROM THE TECHNICAL SPECIFICATIONS (TAC NOS. MD4041, MD4042, AND MD4043)

Dear Mr. Hamilton:

The Nuclear Regulatory Commission has issued the enclosed Amendment Nos. 359 , 361, and 360 to Renewed Facility Operating Licenses DPR-38, DPR-47, and DPR-55, for the Oconee Nuclear Station, Units 1, 2, and 3, respectively. The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated January 4, 2007, as supplemented November 19, 2007.

These amendments revise the TS by removing the gaseous radioactivity monitor.

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

Sincerely,

/RA/

Leonard N. Olshan, Sr. Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287

Enclosures:

1. Amendment No.359 to DPR-38

2. Amendment No.361 to DPR-47

3. Amendment No.360 to DPR-55

4. Safety Evaluation cc w/encls: See next page

Mr. Bruce H. Hamilton Vice President, Oconee Site Duke Power Company LLC 7800 Rochester Highway Seneca, SC 29672

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3, ISSUANCE OF AMENDMENTS REGARDING REMOVAL OF THE GASEOUS RADIOACTIVE MONITOR FROM THE TECHNICAL SPECIFICATIONS (TAC NOS. MD4041, MD4042, AND MD4043)

Dear Mr. Hamilton:

The Nuclear Regulatory Commission has issued the enclosed Amendment Nos. 359 , 361, and 360 to Renewed Facility Operating Licenses DPR-38, DPR-47, and DPR-55, for the Oconee Nuclear Station, Units 1, 2, and 3, respectively. The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated January 4, 2007, as supplemented November 19, 2007.

These amendments revise the TS by removing the gaseous radioactivity monitor.

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

Sincerely,

/RA/

Leonard N. Olshan, Sr. Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287

Enclosures:

1. Amendment No.359 to DPR-38

2. Amendment No.361 to DPR-47

3. Amendment No.360 to DPR-55

4. Safety Evaluation cc w/encls: See next page DISTRIBUTION: Public RidsAcrsAcnwMailCenter LPLII-1 R/F GHill (6 hard copies)

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Package No.: ML073241009 License Amendment No.: ML073241015 Tech Spec No.: ML OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/SBPB/BC NRR/ITSB/BC OGC NRR/LPL2-1/BC NAME LOlshan MOBrien DHarrison TKobetz EMarinos DATE 11 / 30 /07 11 / 29 /07 11/ 30 /07 12 / 4 /07 12 / 10 /07 12 / 17 /07 OFFICIAL RECORD COPY

DUKE POWER COMPANY LLC DOCKET NO. 50-269 OCONEE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.359 Renewed License No. DPR-38

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

A.The application for amendment to the Oconee Nuclear Station, Unit 1 (the facility),

Renewed Facility Operating License No. DPR-38 filed by the Duke Power Company LLC (the licensee), dated January 4, 2007, and supplemented November 19, 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 as 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 set forth in 10 CFR Chapter I; 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 hereby amended by page 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-38 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 359, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

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

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Evangelos C. Marinos, Chief Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-38 and the Technical Specifications Date of Issuance: December 19, 2007

DUKE POWER COMPANY LLC DOCKET NO. 50-270 OCONEE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 361 Renewed License No. DPR-47

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

A. The application for amendment to the Oconee Nuclear Station, Unit 2 (the facility), Renewed Facility Operating License No. DPR-47 filed by the Duke Power Company LLC (the licensee), dated January 4, 2007, and supplemented November 19, 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 as 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 set forth in 10 CFR Chapter I; 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 hereby amended by page 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-47 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 361, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

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

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Evangelos C. Marinos, Chief Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renwed Facility Operating License No. DPR-47 and the Technical Specifications Date of Issuance: December 19, 2007

DUKE POWER COMPANY LLC DOCKET NO. 50-287 OCONEE NUCLEAR STATION, UNIT 3 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 360 Renewed License No. DPR-55

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

A. The application for amendment to the Oconee Nuclear Station, Unit 3 (the facility), Renewed Facility Operating License No. DPR-55 filed by the Duke Power Company LLC (the licensee), dated January 4, 2007, and supplemented November 19, 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 as 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 set forth in 10 CFR Chapter I; 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 hereby amended by page 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-55 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 360 , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

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

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Evangelos C. Marinos, Chief Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-55 and the Technical Specifications Date of Issuance: December 19, 2007

ATTACHMENT TO LICENSE AMENDMENT NO. 359 RENEWED FACILITY OPERATING LICENSE NO. DPR-38 DOCKET NO. 50-269 AND TO LICENSE AMENDMENT NO. 361 RENEWED FACILITY OPERATING LICENSE NO. DPR-47 DOCKET NO. 50-270 AND TO LICENSE AMENDMENT NO. 360 RENEWED FACILITY OPERATING LICENSE NO. DPR-55 DOCKET NO. 50-287 Replace the following pages of the Licenses and the Appendix A Technical Specifications (TSs) with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages Licenses Licenses License No. DPR-38, page 3 License No. DPR-38, page 3 License No. DPR-47, page 3 License No. DPR-47, page 3 License No. DPR-55, page 3 License No. DPR-55, page 3 TSs TSs 3.4.15-1 3.4.15-1 B 3.4.15-1 B 3.4.15-1 B 3.4.15-2 B 3.4.15-2 B 3.4.15-3 B 3.4.15-3 B 3.4.15-4 B 3.4.15-4

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 359 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-38 AMENDMENT NO. 361 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-47 AND AMENDMENT NO. 360 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-55 DUKE POWER COMPANY LLC OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 DOCKET NOS. 50-269, 50-270, AND 50-287

1.0 INTRODUCTION

By application dated January 4, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070100399), as supplemented by letter dated November 19, 2007 (ADAMS Accession No. ML073300020), Duke Power Company LLC (Duke, the licensee), requested changes to the Technical Specifications (TSs) for Oconee Nuclear Station, Units 1, 2, and 3 (Oconee 1/2/3). The supplement dated November 19, 2007, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staffs original proposed no significant hazards consideration determination as published in the Federal Register on February 27, 2007 (72 FR 8802).

The proposed changes would remove the radioactive gaseous monitor from the TSs.

2.0 REGULATORY EVALUATION

General Design Criterion 30, Quality of Reactor Coolant Pressure Boundary, of Appendix A to Title 10 of the Code of Federal Regulations (10 CFR), Part 50, requires that means be provided for detecting and, to the extent practical, identifying the location of the source of reactor coolant leakage. Section 50.36(d)(2)(ii)(A) requires that licensees have a TS limiting condition for operation (LCO) for installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary.

3.0 TECHNICAL EVALUATION

TS LCO 3.4.15.b currently states that one containment atmosphere radioactivity monitor (gaseous or particulate) shall be OPERABLE. The analyses for leak-before-break (LBB) credit the capability to detect a 1 gallon-per-minute (gpm) reactor coolant system leak within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />. These LBB analyses have been used to support licensing actions on plant modifications, such as steam generator replacements and the low-pressure injection system cross-connects. The licensee has determined that the gaseous radioactivity monitor is not capable of detecting 1 gpm within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />. Therefore, the licensee has proposed to delete the gaseous radioactivity monitor from TS LCO 3.4.14.b.

The proposed TS LCO 3.4.15.b states that one containment atmosphere particulate radioactivity monitor shall be OPERABLE. The proposed TS LCO 3.4.15.b is more restrictive than the current TS LCO 3.4.15.b, which provided the flexibility of either having the particulate or gaseous radioactivity monitor OPERABLE.

The NRC staff concludes that deleting the gaseous radioactivity monitor from TS LCO 3.4.15.b is acceptable because (1) the gaseous radioactivity monitor is not capable of detecting 1 gpm within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />, and (2) the proposed TS is more restrictive than the current TS.

In addition, the January 4, 2007, submittal proposed a change to the Bases that stated, Conditions for operability require only that these instruments are in service and have met the acceptance criteria of their respective calibration procedures within the specified test frequency. The Nuclear Regulatory Commission (NRC) staff informed the licensee that this proposed wording was inconsistent with the NRC-accepted definition of operability. Therefore, by letter dated November 19, 2007, the licensee deleted this statement from the Bases.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the South Carolina 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 facility components 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 FR 8802). 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.

Principal Contributors: L. Olshan, DORL/LPL2-1 A. Lewin, DIRS/ITSB Date: December 19, 2007

Oconee Nuclear Station, Units 1, 2, and 3 cc:

Mr. Bruce H. Hamilton Mr. Leonard G. Green Vice President, Oconee Site Assistant Attorney General Duke Power Company LLC NC Department of Justice 7800 Rochester Highway P.O. Box 629 Seneca, SC 29672 Raleigh, NC 27602 Ms. Lisa F. Vaughn Mr. R. L. Gill, Jr.

Associate General Counsel and Managing Manager - Nuclear Regulatory Attorney Issues and Industry Affairs Duke Energy Carolinas, LLC Duke Power Company LLC 526 South Church Street - EC07H 526 S. Church St.

Charlotte, North Carolina 28202 Mail Stop EC05P Charlotte, NC 28202 Manager, LIS NUS Corporation Division of Radiation Protection 2650 McCormick Dr., 3rd Floor NC Dept of Environment, Health, & Natural Clearwater, FL 34619-1035 Resources 3825 Barrett Dr.

Senior Resident Inspector Raleigh, NC 27609-7721 U.S. Nuclear Regulatory Commission 7812B Rochester Highway Mr. Peter R. Harden, IV Seneca, SC 29672 VP-Customer Relations and Sales Westinghouse Electric Company Mr. Henry Porter, Director 6000 Fairview Road Division of Radioactive Waste Management 12th Floor Bureau of Land and Waste Management Charlotte, NC 28210 Dept. of Health and Env. Control 2600 Bull St. Mr. Henry Barron Columbia, SC 29201-1708 Group Vice President, Nuclear Generation and Chief Nuclear Officer Mr. Michael A. Schoppman P.O. Box 1006-EC07H Framatome ANP Charlotte, NC 28201-1006 1911 North Ft. Myer Dr.

Suite 705 Mr. Charles Brinkman Rosslyn, VA 22209 Director, Washington Operations Westinghouse Electric Company Mr. B. G. Davenport 12300 Twinbrook Parkway, Suite 330 Regulatory Compliance Manager Rockville, MD 20852 Oconee Nuclear Site Duke Energy Corporation Ms. Kathryn B. Nolan ON03RC Senior Counsel 7800 Rochester Highway Duke Energy Carolinas, LLC Seneca, SC 29672 526 South Church Street - EC07H Charlotte, NC 28202