ML081910213

Request for Additional Information, Two Inoperable Control Room Air Conditioning Subsystems

ML081910213
Person / Time
Site:	Nine Mile Point
Issue date:	07/11/2008
From:	Richard Guzman NRC/NRR/ADRO/DORL/LPLI-1
To:	Polson K Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC MD6352
Download: ML081910213 (4)

Text

July 11, 2008 Mr. Keith J. Polson Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION REGARDING NINE MILE POINT NUCLEAR STATION, UNIT NO. 2, TWO INOPERABLE CONTROL ROOM AIR CONDITIONING SUBSYSTEMS (TAC NO. MD6352)

Dear Mr. Polson:

By letter dated July 30, 2007, as supplemented on April 7, 2008, Nine Mile Point Nuclear Station, LLC requested an amendment to the Nine Mile Point Nuclear Station, Unit No. 2 Renewed Facility Operating License. The requested license amendment would revise Technical Specification (TS) 3.7.3, Control Room Envelope Air Conditioning (AC) System, to add an ACTION to the TS for two inoperable control room envelope AC subsystems. The proposed ACTION would allow 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> to restore one control room envelope AC subsystem to operable status and would require verification that the control room temperature remains

< 90 degrees Fahrenheit (ºF) every 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.

The Nuclear Regulatory Commission (NRC) staff has reviewed the information provided in that letter and supplement and has determined that additional information is needed to complete its review. Enclosed is the NRC staffs request for additional information (RAI). The RAI was discussed with your staff on June 30 and July 7, 2008, and it was agreed that your response would be provided within 60 days from the date of this letter.

Sincerely,

/RA/

Richard V. Guzman, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410

Enclosure:

RAI cc w/encl: See next page

July 11, 2008 Mr. Keith J. Polson Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION REGARDING NINE MILE POINT NUCLEAR STATION, UNIT NO. 2, TWO INOPERABLE CONTROL ROOM AIR CONDITIONING SUBSYSTEMS (TAC NO. MD6352)

Dear Mr. Polson:

By letter dated July 30, 2007, as supplemented on April 7, 2008, Nine Mile Point Nuclear Station, LLC requested an amendment to the Nine Mile Point Nuclear Station, Unit No. 2 Renewed Facility Operating License. The requested license amendment would revise Technical Specification (TS) 3.7.3, Control Room Envelope Air Conditioning (AC) System, to add an ACTION to the TS for two inoperable control room envelope AC subsystems. The proposed ACTION would allow 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> to restore one control room envelope AC subsystem to operable status and would require verification that the control room temperature remains

< 90 degrees Fahrenheit (ºF) every 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.

The Nuclear Regulatory Commission (NRC) staff has reviewed the information provided in that letter and supplement and has determined that additional information is needed to complete its review. Enclosed is the NRC staffs request for additional information (RAI). The RAI was discussed with your staff on June 30 and July 7, 2008, and it was agreed that your response would be provided within 60 days from the date of this letter.

Sincerely,

/RA/

Richard V. Guzman, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410

Enclosure:

RAI cc w/encl: See next page DISTRIBUTION:

PUBLIC RidsNrrPMRGuzman RidsNrrDirsItsb RidsNrrAcrsAcnw&mMailCenter LPLI-1 RidsNrrLASLittle RidsOGCRp RidsRgn1MailCenter CSchulten Accession Number: ML081910213

• RAI provided by email. No substantial changes made.

OFFICE LPLI-1/PM LPLI-1/LA ITSB/BC LPLI-1/BC NAME RGuzman SLittle RElliott* MKowal DATE 7/11/08 7/11/08 7/8/08 7/11/08 OFFICIAL RECORD COPY

Nine Mile Point Nuclear Station, Unit No. 2 cc:

Mr. Michael J. Wallace, Vice-Chairman Mark J. Wetterhahn, Esquire Constellation Energy Winston & Strawn 100 Constellation Way, Suite 1800P 1700 K Street, NW Baltimore, MD 21202 Washington, DC 20006 Mr. Henry B. Barron, President, CEO & Carey W. Fleming, Esquire Chief Nuclear Officer Sr. Counsel - Nuclear Generation Constellation Energy Nuclear Group, LLC Constellation Energy Nuclear Group, LLC 100 Constellation Way, Suite 200C 750 East Pratt Street, 17th Floor Baltimore, MD 21202 Baltimore, MD 21202 Mr. Terry F. Syrell Mr. John P. Spath Director, Licensing New York State Energy, Research, and Nine Mile Point Nuclear Station Development Authority P.O. Box 63 17 Columbia Circle Lycoming, NY 13093 Albany, NY 12203-6399 Regional Administrator, Region I Mr. Paul Tonko U.S. Nuclear Regulatory Commission President and CEO 475 Allendale Road New York State Energy, Research, and King of Prussia, PA 19406 Development Authority 17 Columbia Circle Resident Inspector Albany, NY 12203-6399 U.S. Nuclear Regulatory Commission P.O. Box 126 Mr. Gary L. Detter Lycoming, NY 13093 Manager - Nuclear Safety and Security Constellation Energy Nuclear Group, LLC Supervisor 100 Constellation Way, Suite 200C Town of Scriba Baltimore, MD 21202 Route 8, Box 382 Oswego, NY 13126 Mr. James R. Evans LIPA Charles Donaldson, Esquire P.O. Box 129 Assistant Attorney General Lycoming, NY 10393 New York Department of Law 120 Broadway New York, NY 10271 Mr. Paul D. Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223

REQUEST FOR ADDITIONAL INFORMATION NINE MILE POINT NUCLEAR STATION, UNIT NO. 2 (NMP2)

TWO INOPERABLE CONTROL ROOM AIR CONDITIONING SUBSYSTEMS DOCKET NO. 50-410 The Nuclear Regulatory Commission (NRC) staff has reviewed the Nine Mile Point Nuclear Station submittal dated July 30, 2007, and the supplemental response dated April 7, 2008, in support of your request to revise NMP2 Technical Specification (TS) 3.7.3, Control Room Envelope Air Conditioning (AC) System. The proposed revision would add an ACTION to the TS for two inoperable control room envelope AC subsystems. The proposed ACTION would allow 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> to restore one control room envelope AC subsystem to operable status and would require verification that the control room temperature remains < 90 ºF every 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />. The NRC staff has determined that additional information requested below will be needed to complete its review.

Limiting condition for operation (LCO) 3.7.3 requires each control room envelope AC subsystem to be operable or have operability. LCO 3.7.3, Condition A (two control room envelope AC subsystems inoperable with safety function maintained) specifies a plant condition for the LCO not met because both required systems are inoperable, yet functional.

The concept of safety function maintained as separate and distinct from the concept of operability is not defined in the operating license TS. The NMP2 Bases describe the requirements implied by Condition A; however, Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36, states, in part, the bases or reasons for such specifications, other than those covering administrative controls, shall also be included in the application, but shall not become part of the technical specifications. Therefore, TS requirements cannot be established by bases statements.

The discovery of a degraded or nonconforming condition may call into question the operability of one or more LCO 3.7.3 control room envelope AC subsystem components. A subsequent determination of operability should be based on the licensees reasonable expectation, from the evidence collected, that the control room envelope AC subsystem are operable and that the operability determination will support that expectation. It should be noted that the standard of reasonable expectation is a high standard, and that there is no such thing as an indeterminate state of operability; structures, systems, and components are either operable or inoperable.

Thus, a TS-required system cannot be both inoperable and maintain safety function.

Please clarify TS 3.7.3, Condition A and B statements, regarding the indeterminate functional state of equipment that is required to be operable.

Enclosure