ML082870003

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Public Notice of Application for Amendment to Facility Operating License
ML082870003
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 10/14/2008
From: Boska J
Plant Licensing Branch 1
To:
Entergy Nuclear Operations
Boska J, NRR, 301-415-2901
References
TAC MD9845
Download: ML082870003 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 14, 2008 Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 SUB~IECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO.2 - PUBLIC NOTICE OF APPLICATION FOR AMENDMENT TO FACILITY OPERATING LICENSE (TAC NO. MD9845)

Dear Sir or Madam:

The enclosed announcement was forwarded to the Journal News newspaper, located in Westchester County, New York, for publication. This announcement relates to your application dated October 13, 2008, for amendment to Facility Operating License No. DPR-26. The proposed amendment would revise the surveillance frequency for Technical Specification Surveillance Requirement 3.8.1.10 for the endurance test conducted every 2 years on the diesel generators.

Please contact me at (301) 415-2901 if you have any questions on this issue.

Sincerely,

~:s;::-project Manager

~:~t ~iCenSing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-247

Enclosure:

Public Notice cc w/encl: Distribution via Listserv

PUBLIC NOTICE NRC STAFF PROPOSES TO AMEND OPERATING LICENSE AT THE INDIAN POINT NUCLEAR GENERATING UNIT NO.2 The U.S. Nuclear Regulatory Commission (NRC or Commission) has received an application dated October 13, 2008, from Entergy Nuclear Operations, Inc. (Entergy or the licensee), for an exigent amendment to the operating license for Indian Point Nuclear Generating Unit NO.2 (IP2), located in Westchester County, New York.

The proposed amendment would revise Technical Specification (TS) Surveillance Requirement (SR) 3.8.1.10 for the endurance test conducted every 2 years on the diesel generators (DGs). Specifically, SR 3.8.1.10 would be revised to extend the frequency of performance by 2 years on a one-time basis to credit a test of the DGs that was performed in the March 2008 refueling outage (RFO-18). The DGs were tested to higher kilowatt loads than specified in SR 3.8.1.10 in order to demonstrate that they were capable of handling the analyzed electrical loads during a postulated loss-of-coolant accident.

As discussed in the licensee's application dated October 13, 2008, Entergy requested that the proposed amendment be processed by the NRC on an exigent basis in accordance with the provisions in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.91(a)(6) based on the delay in receiving an amendment of SR 3.8.1.10 from the NRC and the impact of conducting a test of the DGs at power. Entergy requested approval of the proposed amendment by October 17, 2008.

Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

No. The proposed change revises the frequency of the existing TS surveillance test of the facility DGs for the current surveillance cycle. The revised frequency recognizes that a surveillance test performed during RFO-18 demonstrated DG operability and removes the requirement to perform the less conservative existing surveillance test while online. Extending the frequency of a surveillance test is not an accident initiator and does not increase the probability of an accident occurring. The extended frequency did not eliminate required testing of the diesel to demonstrate operability but does eliminate the need for testing that does not Enclosure

- 2 serve to demonstrate operability. Extending the TS frequency will not create a significant increase in the consequences of an accident previously evaluated.

Therefore the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the change create the possibility of a new or different kind of accident from any accident previously evaluated?

No. The proposed change revises the frequency for a TS required surveillance test. The proposed change does not involve installation of new equipment or modification of existing equipment, so no new equipment failure modes are introduced. The proposed revision to the DG surveillance test frequency is not a change to the way that the equipment or facility is operated and no new accident initiators are created. Therefore the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

3. Does the proposed change involve a significant reduction in a margin of safety?

No. The conduct of performance tests on safety-related plant equipment is a means of assuring that the equipment is capable of maintaining the margin of safety established in the safety analyses for the facility. The proposed change to the DG TS surveillance test frequency removes the need to perform the surveillance test per the current surveillance cycle because the existing test requirements are not sufficient to assure DG operability. The change does not affect the margin of safety because a more conservative test was performed during RFO-18 that demonstrated the DG margin of safety. Therefore the proposed change does not involve a significant reduction in a margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.

The Commission is seeking public comments on this proposed determination. Any comments received by 7:30 a.m. on October 20, 2008, will be considered in reaching a final determination. The final determination will consider all public and State comments received.

If the proposed determination that the requested license amendment involves no significant hazards consideration becomes final, and the Commission finds that exigent circumstances exist, the Commission will provide a notice of opportunity for a hearing in the Federal Register, though this notice may be published after issuance of the amendment. When the amendment is issued, the Commission will publish in the Federal Register a notice of issuance.

If the NRC staff decides in its final determination that the amendment does involve a significant hazards consideration, a notice of opportunity for a prior hearing will be published in the Federal Register and, if a hearing is granted, it will be held before the amendment is issued.

Comments on the proposed determination of no significant hazards consideration may be: (1) telephoned to Mark Kowal, Chief, Plant Licensing Branch 1-1, by collect call to 301-415-7744, or by facsimile to 301-415-2102; (2) e-mailed to mark.kowal@nrc.gov; or (3) submitted in writing to

- 3 the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All comments received by 7:30 a.m. on October 20, 2008, will be considered in reaching a final determination. A copy of the application may be examined electronically through the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room link at the NRC Web site http://www.nrc.gov/reading-rm/adams.htmlusing ADAMS Accession No. ML082870002 and at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or bye-mail to pdr.resource@nrc.gov.

ML082870003 OFFICE LPL1-1/PM LPL1-1/LA OGC LPL1-1/BC NAME

...1Boska SLittie DRoth MKowal DATE 10/14/08 10/14/08 10/14/08 10/14/08