ML082200367

Evaluation of Proposed Emergency Action Levels

ML082200367
Person / Time
Site:	Callaway
Issue date:	10/03/2008
From:	Leeds E Office of Nuclear Reactor Regulation
To:	Heflin A Union Electric Co
Thadani, M C, NRR/DORL/LPL4, 415-1476
References
TAC MD5771
Download: ML082200367 (9)

Text

October 3, 2008 Mr. Adam C. Heflin Senior Vice President and Chief Nuclear Officer Union Electric Company P.O. Box 620 Fulton, MO 65251

SUBJECT:

CALLAWAY PLANT, UNIT 1, EVALUATION OF THE PROPOSED EMERGENCY ACTION LEVELS (TAC NO. MD5771)

Dear Mr. Heflin:

In an application dated March 27, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070940468), and supplemented by letters dated June 4, 2007; March 7, 2008; and May 29, 2008 (ADAMS Accession Nos. ML071630403, ML080780239, and ML081580257, respectively), Union Electric Company (the licensee) requested prior U.S. Nuclear Regulatory Commission (NRC) approval for proposed changes to the emergency action levels (EALs) for Callaway Plant, Unit 1. All of these letters are classified as sensitive unclassified and are not publicly available.

The requested changes to the licensees EALs support a conversion from the current EAL scheme to a scheme based on guidance in Nuclear Energy Institute (NEI) 99-01, Methodology for Development of Emergency Action Levels, Revision 5, issued February 2008. For Callaway Plant, Unit 1, the licensee currently uses an EAL scheme based on the Nuclear Management and Resources Council (NUMARC) and National Environmental Studies Project (NESP) guidance document NUMARC/NESP-007, Methodology for Development of Emergency Action Levels, Revision 2, issued January 1992.

After performing a review of the proposed changes to the Callaway Plant, Unit 1, EALs, the NRC staff determined that the licensees incorporation of the proposed changes meets the standards in Title 10, Section 50.47(b), of the Code of Federal Regulations (10 CFR 50.47(b))

and the requirements of Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, to 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, and provides reasonable assurance that the licensee can and will take adequate protective measures in the event of a radiological emergency. Therefore, the NRC staff concludes that the licensees proposed changes to the EALs for Callaway Plant, Unit 1, as outlined in its application dated March 27, 2007, and supplemented by letters dated June 4, 2007; March 7, 2008; and May 29, 2008, are acceptable.

The licensee must implement the EALs as approved by the NRC (i.e., as provided in of the licensees letter dated May 29, 2008, which includes the implementation of the EAL design-basis document). If the licensee changes the EALs in accordance with 10 CFR 50.54(q) before they are implemented, the licensee shall ensure that it provides the changes to the NRC during the next emergency preparedness baseline inspection.

If you have any questions, please contact the Callaway Plant project manager, Mohan Thadani, at (301) 415-1476.

Sincerely,

/RA/

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-483

Enclosure:

As stated cc with enclosure: See next page.

If you have any questions, please contact the Callaway Plant project manager, Mohan Thadani, at (301) 415-1476.

Sincerely,

/RA/

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Docket No. 50-483

Enclosure:

As stated cc with enclosure: See next page DISTRIBUTION:

PUBLIC LPLIV r/f RidsAcrsAcnw_MailCTR Resource RidsNrrOd Resource RidsNrrAdes Resource RidsNrrAdro Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMMThadani Resource RidsNrrPMREnnis Resource RidsNsirDprDdep Resource RidsOgcRp Resource RidsRgn4MailCenter Resource MNorris, NSIR/DPR/DDEP ADAMS Accession No.: ML082200367

• SE input memo ** via email OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NSIR/DPR/DDEP/BC

• OGC NAME MThadani(JDonohew for) JBurkhardt KWilliams SGhasemian DATE 09/22/08 08/08/08 06/12/08 09/15/08 OFFICE TechEditor **

NRR/DORL/LPL4/BC NRR/DORL/D NRR/D NAME KAzariah-Kribbs MMarkley JGiitter ELeeds DATE 09/19/08 09/22/08 09/22/08 10/03/08 OFFICIAL AGENCY RECORD

Callaway Plant, Unit 1 cc:

John ONeill, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037 Mr. Tom Elwood, Supervising Engineer Regulatory Affairs and Licensing AmerenUE P.O. Box 620 Fulton, MO 65251 Mr. Les H. Kanuckel, Manager Quality Assurance AmerenUE P.O. Box 620 Fulton, MO 65251 Mr. Luke Graessle, Manager Regulatory Affairs AmerenUE P.O. Box 620 Fulton, MO 65251 Mr. Scott Maglio Assistant Manager, Regulatory Affairs AmerenUE P.O. Box 620 Fulton, MO 65251 U.S. Nuclear Regulatory Commission Resident Inspector Office 8201 NRC Road Steedman, MO 65077-1302 Missouri Public Service Commission Governor Office Building 200 Madison Street P.O. Box 360 Jefferson City, MO 65102-0360 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 612 E. Lamar Boulevard, Suite 400 Arlington, TX 76011-4125 Mr. Rick A. Muench, President and CEO Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 Certrec Corporation 4200 S. Hulen, Suite 422 Fort Worth, TX 76109 Technical Services Branch Chief FEMA Region VII 2323 Grand Boulevard, Suite 900 Kansas City, MO 64108-2670 Kathleen Logan Smith, Executive Director and Kay Drey, Representative, Board of Directors Missouri Coalition for the Environment 6267 Delmar Boulevard, Suite 2E St. Louis, City, MO 63130 Mr. Lee Fritz, Presiding Commissioner Callaway County Courthouse 10 E. Fifth Street Fulton, MO 65251 Mr. Keith G. Henke, Planner III Division of Community and Public Health Office of Emergency Coordination Missouri Department of Health and Senior Services 930 Wildwood Drive P.O. Box 570 Jefferson City, MO 65102 Mr. Scott Clardy, Director Section for Environmental Public Health Missouri Department of Health and Senior Services 930 Wildwood Drive P.O. Box 570 Jefferson City, MO 65102 Director, Missouri State Emergency Management Agency P.O. Box 116 Jefferson City, MO 65102-0116 Mr. H. Floyd Gilzow Deputy Director for Policy Department of Natural Resources P.O. Box 176 Jefferson City, MO 65102-0176

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION PROPOSED REVISIONS TO EMERGENCY ACTION LEVELS CALLAWAY PLANT, UNIT 1 UNION ELECTRIC COMPANY DOCKET N0. 50-483

1.0 INTRODUCTION

In an application dated March 27, 2007 (Reference 1), and supplemented by letters dated June 4, 2007; March 7, 2008; and May 29, 2008 (References 2, 3, and 4, respectively), Union Electric Company (the licensee) requested prior U.S. Nuclear Regulatory Commission (NRC) approval for proposed changes to the emergency action levels (EALs) for Callaway Plant, Unit 1.

The requested changes to the current EALs for Callaway Plant, Unit 1, will support a conversion from the current EAL scheme to a scheme based on guidance in Nuclear Energy Institute (NEI) 99-01, Methodology for Development of Emergency Action Levels, Revision 5, issued February 2008 (Reference 5). The licensee currently uses an EAL scheme based on Nuclear Management and Resources Council (NUMARC) and National Environmental Studies Project (NESP) guidance document NUMARC/NESP-007, Methodology for Development of Emergency Action Levels, Revision 2, issued January 1992.

2.0 REGULATORY EVALUATION

The NRC staff reviewed the proposed revision against the regulations and guidance described below.

2.1 Regulations In Title 10, Section 50.47, Emergency Plans, of the Code of Federal Regulations (10 CFR 50.47), the NRC describes the emergency plan requirements for nuclear power plant facilities. In 10 CFR 50.47(a)(1)(i), the NRC requires that no initial operating license for a nuclear power reactor will be issued unless a finding is made by the NRC that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. In 10 CFR 50.47(b), the NRC establishes the standards that the onsite and offsite emergency response plans must meet for NRC staff to make a positive finding that there is reasonable assurance that licensees can and will take adequate protective measures in the event of a radiological emergency. One of these standards (10 CFR 50.47(b)(4)) stipulates that emergency plans include a standard emergency classification and action level scheme.

Enclosure

In Section IV.B of Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, to 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, the NRC requires that emergency plans include EALs, which are to be used as criteria for determining the need for the notification and participation of State and local agencies, the Commission, and other Federal agencies and for determining when and what type of protective measures should be considered, both on site and off site, to protect public health and safety. EALs shall be based on in-plant conditions and instrumentation in addition to onsite and offsite monitoring. In Section IV.B of Appendix E to 10 CFR Part 50, the NRC requires licensees to review the EALs with the State and local governmental authorities on an annual basis. This regulation also states that the NRC must approve a revision to the EALs before it is implemented if one of the following events occurs:

The licensee changes from one EAL scheme to another (e.g., a change from an EAL scheme based on NUREG-0654/[Federal Emergency Management Agency (FEMA)]

FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, issued November 1980 (Reference 6), to a scheme based on NUMARC/NESP-007 or on NEI 99-01, "Methodology for development of Emergency Action Levels [EALs]."

The licensee proposes an alternate method for complying with the regulations.

The EAL revision decreases the effectiveness of the emergency plan.

2.2 Guidance The NRC staff has accepted the methods in the following references for developing EALs that meet the requirements in Section IV.B of Appendix E to 10 CFR Part 50 and in 10 CFR 50.47(b)(4):

Appendix 1, U.S. Nuclear Regulatory Commission Emergency Action Level Guidelines for Nuclear Power Plants, to NUREG-0654/FEMA-REP-1 NUMARC/NESP-007 NEI 99-01, Revision 4, dated January 2003.

Regulatory Issue Summary (RIS) 2003-18, Use of NEI 99-01[, Revision 4], Methodology for Development of Emergency Action Levels, dated October 8, 2003, with Supplement 1, dated July 13, 2004; and Supplement 2, dated December 12, 2005 (Reference 7) provide 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 of Appendix E to 10 CFR Part 50, in determining whether to seek prior NRC approval of deviations from the guidance.

In a letter dated February 22, 2008, from Christopher Miller to Alan Nelson (Reference 8), the NRC staff concluded that the guidance contained in NEI 99-01, Revision 5, dated February 2008 is also an acceptable alternative method that licensees may use to develop EAL schemes that meet the requirements in Section IV.B of Appendix E to 10 CFR Part 50 and in

10 CFR 50.47(b)(4). The licensee decided to use the guidance contained in NEI 99-01, Revision 5, which henceforth will be referred to as NEI 99-01.

3.0 TECHNICAL EVALUATION

The licensee submitted the proposed changes to the NRC for a technical and regulatory review before implementing them, as required under Section IV.B of Appendix E to 10 CFR Part 50.

This evaluation is based on a revision to EALs provided in the licensees application letter and supplemented by the licensees responses to the NRCs requests for additional information.

Callaway Plant, Unit 1, currently uses an EAL scheme based on NUMARC/NESP-007. The licensee is converting to an EAL scheme based on NEI 99-01.

In its application and supplemental letters, the licensee submitted the proposed EALs for Callaway Plant, Unit 1; their technical basis; a comparison matrix; the EAL numbering scheme; and an explanation for any difference or deviation from NEI 99-01. The comparison matrix provided a cross-reference relating the proposed EAL scheme to the EALs in NEI 99-01. The NRC staff has reviewed the technical basis for the proposed EALs, the differences or deviations from NEI 99-01, and the licensees justifications.

Therefore, the NRC staff reviewed the proposed EALs against the guidance in NEI 99-01 to determine if the EALs for Callaway Plant, Unit 1, as provided in the application and supplemental letters, meet the guidelines in that document. The NRC staff considered the following NEI 99-01 guidelines in its review:

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

human engineering and user friendliness; the potential for a classification upgrade only when there is an increasing threat to public health and safety; ease of upgrading and downgrading; thoroughness in addressing and disposing of the issues of completeness and accuracy that were raised regarding Appendix 1 to NUREG-0654/FEMA-REP-1; technical completeness for each classification level; logical progression in classification for multiple events; objective and observable values.

The NRC staff reviewed the proposed EALs and has determined that they are consistent with EALs implemented at other plants with a Westinghouse pressurized-water reactor design, use objective and observable values, and are consistent with the intent of NEI 99-01.

The NRC staff reviewed the proposed EALs to determine whether they are worded in a manner that addresses human engineering and user-friendliness concerns. The proposed EALs use procedural language, including specific tag numbers for instrument readings and alarms; flow charts; critical safety function status trees; check lists; and combinations of the above. Based on this review, the staff has determined that the proposed EALs meet the guidelines in NEI 99-01 in this area.

The NRC staff reviewed the proposed EAL sets1 and has determined that classification upgrades are based upon an increasing threat to public health and safety, can effectively support upgrading and downgrading, and follow a logical progression for multiple events.

Based on this review, the NRC staff concludes that the EALs are in accordance with the intent of NEI 99-01 in these areas.

The NRC staff also reviewed the proposed EALs for technical completeness and accuracy for each classification level. The proposed EALs are based on a risk assessment used to set the boundaries of the emergency classification levels and to ensure that all EALs that trigger that emergency classification are in the same range of relative risk. Precursor conditions of more serious emergencies also represent a potential risk to the public and are appropriately classified. The staff has determined that the proposed EALs are consistent with NEI 99-01, which it has determined is an acceptable alternative to EALs based on Appendix 1 to NUREG-0654/FEMA-REP-1.

Based on its review of the proposed EALs, the NRC staff concludes that these EALs meet the guidelines in NEI 99-01 for all of the areas listed above in this section. Therefore, based on this, the staff further concludes that the proposed EALs meet NEI 99-01, which is an acceptable alternative to the regulatory requirements listed in Section 2.0 of this safety evaluation.

4.0 CONCLUSION

The NRC staff performed a technical and regulatory review of the proposed changes to the Callaway Plant, Unit 1, EALs. The staff has determined that the proposed changes meet the guidelines in NEI 99-01, which is an acceptable alternative for development of an EAL scheme that meets the regulatory requirements. Based on this, the staff concludes that the proposed EALs meet the standards in 10 CFR 50.47(b) and the requirements in Appendix E to 10 CFR Part 50 and provide reasonable assurance that the licensee will take adequate protective measures in a radiological emergency. Therefore, based on this conclusion, the NRC staff determines that the proposed EAL changes are acceptable.

5.0 REFERENCES

1.

Letter from Union Electric Company to the NRC, Upgrade Submittal Adopting NRC Endorsed NEI 99-01, Revision 4, March 27, 2007 (ADAMS Accession No. ML070940468).

1 An EAL set is a group of EALs within a category that is related to a common concern (e.g., an EAL set might include an unusual event, an alert, a site area emergency, and a general emergency related to the failure of an automatic scram to shut down the plant).

2.

Letter from Union Electric Company to the NRC, Submittal of Information Needed for Proposed Revision of Emergency Action Levels, June 4, 2007 (ADAMS Accession No. ML071630403).

3.

Letter from Union Electric Company to the NRC, Response to NRC Request for Additional Information (RAI) Regarding Proposed Revision of Emergency Action Levels, March 7, 2008 (ADAMS Accession No. ML080780239).

4.

Letter from Union Electric Company to the NRC, Response to NRC Request for Additional Information (RAI) Regarding Proposed Revision of Emergency Action Levels, May 29, 2008 (ADAMS Accession No. ML081580257).

5.

NEI 99-01, Methodology for Development of Emergency Action Levels, Revision 5, February 2008 (ADAMS Accession No. ML080450149).

6.

NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, November 1980 (ADAMS Accession No. ML040420012).

7.

RIS 2003-18, with Supplements 1 and 2, Use of NEI 99-01, Methodology for Development of Emergency Action Levels, January 2003 (ADAMS Accession Nos. ML032580518, ML041550395, and ML051450482, respectively).

8.

Letter from Christopher Miller (NRC) to Alan Nelson (NEI), U.S. Nuclear Regulatory Commission Review and Endorsement of NEI 99-01, Revision 5, Dated February 2008, February 22, 2008 (ADAMS Accession No. ML080430535).

Principal Contributor: M. Norris Date: October 3, 2008