ML082890878

Issuance of Amendment Deletion of Section 6.5, Review and Audit

ML082890878
Person / Time
Site:	Oyster Creek
Issue date:	02/24/2009
From:	Geoffrey Miller Plant Licensing Branch 1
To:	Pardee C Exelon Generation Co
Miller G, NRR/DORL, 415-2481
References
TAC MD7319
Download: ML082890878 (17)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 24, 2009 Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Generation Company 4300 Winfield Road Warrenville, IL 60555 SUB,IECT: OYSTER CREEK NUCLEAR GENERATING STATION -ISSUANCE OF AMENDMENT RE: DELETION OF SECTION 6.5, "REVIEW AND AUDIT" (TAC NO. MD7319)

Dear Mr. Pardee:

The Commission has issued the enclosed Amendment No. 273 to Facility Operating License No. DPR-16 for the Oyster Creek Nuclear Generating Station (Oyster Creek), in response to your application dated November 13, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML073240040), as supplemented by letter dated February 18, 2009 (ADAMS Accession No. ML090500853).

The amendment deletes Technical Specification (TS) Section 6.5 and its associated subsections relating to the Review and Audit function. Additionally, the amendment implements changes to correct minor errors in TS Tables 3.1.1, 4.1.1, and 4.1.2.

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

Sincerely, Ii I '~

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G. Edward Miller, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-219

Enclosures:

1. Amendment No.273 to DPR-16

2. Safety Evaluation cc w/encls: Distribution via ListServ

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 EXELON GENERATION COMPANY, LLC DOCKET NO. 50-219 OYSTER CREEK NUCLEAR GENERATING STATION AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 273 License No. DPR-16

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

A. The application for amendment by Exelon Generation Company, LLC (the licensee, formerly AmerGen Energy Company, LLC), dated November 13, 2007, as supplemented by letter dated February 18, 2009, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations 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; 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.

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2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-16 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 273, are hereby incorporated in the license. AmerGen Energy Company, LLC 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. Implementation of the amendment shall include updating the Exelon Quality Assurance Topical Report (QATR) as it applies to the Oyster Creek Nuclear Generating Station (Oyster Creek). This update shall include the verbatim transfer of the Review and Audit requirements formerly contained in Oyster Creek Technical Specifications 6.5.1 through 6.5.3 to the QATR.

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FOR THE NUCLEAR REGULATORY COMMISSION

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Plant Licensing Branch 1-2 l/

Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the License and Technical Specifications Date of Issuance: February, 24, 2009

ATIACHMENT TO LICENSE AMENDMENT NO. 273 FACILITY OPERATING LICENSE NO. DPR-16 DOCKET NO. 50-219 Replace the following page of Facility Operating License No. DPR-16 with the attached revised page as indicated. The revised page is identified by amendment number and contains marginal lines indicating the area of change.

Remove Insert 3 3 Replace the following pages of the Appendix A, Technical Specifications, with the attached revised pages as indicated. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Remove Insert iii iii 3.1-19 3.1-19 4.1-9 4.1-9 4.1-10 4.1-10 6-3 6-3 6-4 6-5 6-6 6-7 6-8 6-10 6-10

- 3 (3) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, or special nuclear materials as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear materials without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate such byproduct, source, or special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter 1 and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level AmerGen Energy Company, LLC is authorized to operate the facility at steady-state power levels not in excess of 1930 megawatts (thermal) (100 percent rated power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendices A and S, as revised through Amendment No.273 ,are hereby incorporated in the license. AmerGen Energy Company, LLC shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection AmerGen Energy Company, LLC shall implement and maintain in effect all provisions of the approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Report dated March 3, 1978, and supplements thereto, subject to the following provision:

• Implemented AMENDMENT NO.273

TABLE OF CONTENTS (cont'd)

Page 4.10 ECCs Related Core Limits 4.10-1 4.11 Sealed Source Contamination 4.11-1 4.12 Alternate Shutdown Monitoring Instrumentation 4.12-1 4.13 Accident Monitoring Instrumentation 4.13-1 4.14 DELETED 4.14-1 4.15 Explosive Gas Monitoring Instrumentation 4.15-1 4.16 (Deleted) 4.16-1 4.17 Control Room Heating, Ventilating and Air Conditioning System 4.17-1 Section 5 Design Features 5.1 Site 5.1-1 5.2 Containment 5.2-1 5.3 Auxiliary Equipment 5.3-1 Section 6 Administrative Controls 6.1 Responsibility 6-1 6.2 Organization 6-1 6.3 Facility Staff Qualifications 6-2a 6.4 DELETED 6-3 6.5 DELETED 6-3 6-6 Reportable Event Action 6-9 6-7 Safety Limit Violation 6-9 6-8 Procedures and Programs 6-10 6-9 Reporting Requirements 6-13 6-10 Record Retention 6-17 6-11 Radiation Protection Program 6-18 6-12 (Deleted) 6-18 6-13 High Radiation Area 6-18 6-14 Environmental Qualification 6-19*

6-15 Integrity of Systems Outside Containment 6-19 6-16 Iodine Monitoring 6-19 6-17 Post Accident Sampling 6-20 6-18 Process Control Plan 6-20 6-19 Offsite Dose Calculation Manual 6-20 6-20 DELETED 6-20 6-21 Technical Specification (TS) Bases Control Program 6-21 6-22 Control Room Envelope Habitability Program 6-21 6-23 Reactor Coolant System (RCS) PRESSURE AND TEMPERATURE LIMITS REPORT (PTLR) 6-22

• Issued by NRC Order dated 10-24-80 OYSTER CREEK iii Amendment No.: 91,97,98, 108,115, 134, 166, 186, 232,240,241,265,269 273

TABLE 3.1.1 (CONT'D)

Sheet 11 of 13 dd. If any isolation condenser inlet (steam side) isolation valve becomes or is made inoperable in the open position during the RUN MODE comply with Specification 3.8.E. If an AC motor-operated outlet (condensate return) isolation valve becomes or is made inoperable in the open position during the RUN MODE comply with Specification 3.8.F.

ee. With the number of OPERABLE channels one less than the Minimum Number of OPERABLE Instrument Channels per OPERABLE Trip System, operation may proceed until performance of the next required CHANNEL FUNCTIONAL TEST provided the inoperable channel is placed in the tripped condition within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.

I ft. This function is not required to be OPERABLE when the associated safety bus is not required to be energized or fully OPERABLE as per applicable sections of these Technical Specifications.

gg. Deleted hh. The high flow trip function for "B" Isolation Condenser is bypassed upon initiation of the alternate shutdown panel. This prevents a spurious trip of the Isolation Condenser in the event of fire induced circuit damage.

ii. Instrument shall be OPERABLE during main condenser air ejector operation except that a channel may be taken out-of-service for the purpose of a check, calibration, test, or maintenance without declaring it inoperable.

jj. With no channel OPERABLE, main condenser oftgas may be released to the environment for as long as 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> provided the stack radioactive noble gas monitor is OPERABLE. Otherwise, be in at least SHUTDOWN CONDITION within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

kk. One channel may be placed in an inoperable status for up to two hours for required surveillance without placing the trip system in the tripped condition.

II. This function not required to be OPERABLE with the reactor vessel head removed or unbolted.

mm. "Instrument Channel" in this case refers to the bellows which sense vacuum in each of the three condensers (A, B, and C), and "Trip System" refers to vacuum trip systems 1 and 2.

OYSTER CREEK 3.1-19 Amendment No.: 80.91.108.1 12.130.162.171.208.263. 273

TABLE 4.1.1 Page 6 of 6 MINIMUM CHECK, CALIBRATION AND TEST FREQUENCY FOR PROTECTIVE INSTRUMENTATION NOTE 1: Each automatic scram contactor is required to be tested at least once per week. When not tested by other means, the weekly test can be performed by using the subchannel test switches.

NOTE 2: At least daily during reactor POWER OPERATION, the reactor neutron flux peaking factor shall be estimated and flow-referenced APRM scram and rod block settings shall be adjusted, if necessary, as specified in Section 2.3 Specifications A.1 and A.2.

NOTE 3: Calibrate electronic bistable trips by injection of an external test current once per 3 months. Calibrate transmitters by application of test pressure once per 12 months.

NOTE 4: Perform LPRM detectors calibration every 1000 MWO/MT Average Core Exposure The following notes are only for Item 15 of Table 4.1.1:

A channel may be taken out of service for the purpose of a check, calibration, test or maintenance without declaring the channel to be inoperable.

a. The CHANNEL FUNCTIONAL TEST shall also demonstrate that control room alarm annunciation occurs if any of the following conditions exists:

1) Instrument indicates measured levels above the alarm setpoint.

2) Instrument indicates a downscale failure.

3) Instrument controls not set in operate mode.

4) Instrument electrical power loss.

OYSTER CREEK 4.1-9 Change: 5,7, Amendment No.: 71,80,95,108,171,208,263,273

TABLE 4.1.2 MINIMUM TEST FREQUENCIES FOR TRIP SYSTEMS Trip System Minimum Test Frequency

1) Dual Channel (Scram) Same as for respective instrumentation in Table 4.1.1

2) Rod Block Same as for respective instrumentation in Table 4.1.1

3) DELETED DELETED

4) Automatic Depressurization Each refueling outage each trip system, one at a time

5) MSIV Closure Each refueling outage each closure logic circuit independently (1 valve at a time)

6) Core Spray 1/3 mo. and each refueling outage each trip system, one at a time

7) Primary Containment Isolation Each refueling outage each trip circuit independently (1 valve at a time)

8) Refueling Interlocks Prior to each refueling operation

9) Isolation Condenser Actuation and Isolation Each refueling outage each trip circuit independently (1 valve at a time)

10) Reactor Buildinq Isolation and SGTS Initiation Same as for respective instrumentation in Table 4.1.1

11) DELETED DELETED

12) Air Ejector Offgas Line Isolation Each refueling outage

13) Containment Vent and Purge Isolation 1/24 mo.

OYSTER CREEK 4.1-10 Amendment No.: 108,116,144,160,171,193,208,273

6.4 DELETED 6.5 DELETED 6-3 (Pages 6-4 through 6-8 deleted)

OYSTER CREEK Amendment No.: 69,78,89,108,117,126,1 ~4,161, 180,181 ,194,20~,210,21d,224,2d2,261273

6.8 PROCEDURES AND PROGRAMS 6.8.1 Written procedures shall be established, implemented, and maintained covering the items referenced below:

a. The applicable procedures recommended in Appendix "A" of Regulatory Guide 1.33 as referenced in the QATR.

b. Surveillance and test activities of equipment that affects nuclear safety and radioactive waste management equipment.

c. Refueling Operations.

d. Security Plan Implementation.

e. Fire Protection Program Implementation.

f. Emergency Plan Implementation.

g. Process Control Plan Implementation.

h. Offsite Dose Calculation Manual Implementation.

i. Quality Assurance Program for effluent and environmental monitoring using the guidance in Regulatory Guide 4.15, Revision 1.

j. Plant Staff Overtime pursuant to Technical Specification 6.2.2.2(i), above.

6.8.2 Each procedure required by 6.8.1 above, and substantive changes thereto, shall be reviewed and approved prior to implementation and shall be reviewed periodically as set forth in administrative procedures.

6.8.3 Temporary changes to procedures of 6.8.1, above, may be made provided:

a. The intent of the original procedure is not altered;

b. The change is approved by two members of the licensee's management staff knowledgeable in the area affected by the procedure. For changes which may affect the operational status of unit systems or equipment, at least one of these individuals shall be a member of unit management or supervision holding a Senior Reactor Operator's License on the unit.

c. The change is documented, reviewed and approved within 14 days of implementation.

OYSTER CREEK 6-10 Amendment 1\10.: 69, 78, 84, 108, 126, 1a4, 161, 166,210, 21a, 261,273

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 273 TO FACILITY OPERATING LICENSE NO. DPR-16 EXELON GENERATION COMPANY, LLC OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219

1.0 INTRODUCTION

By letter dated November 13, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML073240040), as supplemented by letter dated February 18, 2009 (ADAMS Accession No. ML090500853) Exelon Generation Company (Exelon, or the licensee)'

submitted Technical Change Request No. 336, requesting changes to the Technical Specifications (TSs) for the Oyster Creek Nuclear Generating Station (Oyster Creek). In its supplement dated February 18, 2009, Exelon provided an update to its original no significant hazards consideration evaluation. The NRC staff has reviewed this updated evaluation and has determined that the changes incorporate additional and more restrictive requirements than were reflected in the original proposed no significant hazard determination. As such, the original evaluation remains bounding, the conclusions presented in the notice published on April 8, 2008, are unchanged, and a revised notice is not required.

The amendment deletes the Oyster Creek TS Section 6.5, "Review and Audit," which is now implemented in the Exelon Quality Assurance Topical Report (QATR). Additionally, the amendment implements changes to correct minor errors in TS Tables 3.1.1, 4.1.1, and 4.1.2.

2.0 REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended, requires all applicants for nuclear power plant licenses to include TSs as part of the license. Included in the criteria that the TS must cover are: (1) the specific characteristics of the facility; and (2) other such information deemed by the Commission necessary to ensure that the utilization of special nuclear material will be in accord with the common defense and security, and will provide adequate protection to the health and safety of the public.

Title 10 of the Code of Federal Regulations (10 CFR) Paragraph 50.36(c) specifies the categories and criteria for information that must be included in the TSs. These include the following: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation; (3) surveillance requirements; (4) design features; and (5)

The license application was submitted by AmerGen Energy Company, LLC. Effective January 8,2009, the license for Oyster Creek was transferred from AmerGen Energy Company, LLC to Exelon Generation Company, LLC. By letter dated January 9,2009, (ADAMS Accession No. ML090120538) Exelon Generation Company adopted and endorsed docketed submittals that requested specific licensing actions that were made by AmerGen, and requested that the NRC staff continue to process those pending actions on the schedules previously agreed to by AmerGen.

-2 administrative controls. Since the Oyster Creek construction permit was issued prior to January 16, 1969, the Oyster Creek TSs may conform to the requirements of 10 CFR 50.36(c) or may conform to the requirements of 10 CFR Part 50 that were in effect prior to January 16, 1969, pursuant to 10 CFR 50.36(d). The Oyster Creek TSs are structured such that they substantially conform to the 10 CFR 50.36(c) categories listed above, including administrative controls.

In describing administrative controls 10 CFR 50.36(c)(5) states that they" ... are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner." The specific content of the administrative controls section of the TS is, therefore, that information that the NRC deems essential for the safe operation of the facility that is not already adequately covered by other regulations. Accordingly, the NRC staff has determined that requirements that are not specifically required under 10 CFR 50.36(c)(5) and which are not otherwise necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety, can be removed from administrative controls. Existing TS requirements, therefore, may be relocated to more appropriate documents (e.g. Security Plan, Quality Assurance (QA) Plan, and Emergency Plan) and controlled by the applicable regulatory requirement when the NRC determines that the alternate regulation provides adequate regulatory control.

On December 12, 1995, the NRC issued Administrative Letter (AL) 95-06, "Relocation of Technical Specification Administrative Controls Related to Quality Assurance," to inform licensees of experiences involving the relocation of TS administrative controls related to quality assurance. In AL 95-06, the NRC staff identified typical TS administrative controls that may be relocated to licensee quality assurance documents subject to the controls of 10 CFR 50.54(a).

TS administrative controls requirements identified in AL 95-06 include the procedure review process, independent safety engineering group, and reviews and audits. These requirements correlate, respectively, to subsections 6.5.1, "Technical Review and Control," 6.5.2, "Independent Safety Review Function," and 6.5.3, "Audits," in the Oyster Creek TSs.

Additionally, 10 CFR 50.36(c)(3), "Surveillance Requirements," states that surveillance requirements (SRs) are requirements relating to test, calibration, or inspection to assure that the necessary quality of systems and components is maintained, that facility operation will be within safety limits, and that the limiting conditions for operation (LCOs) will be met.

For this license amendment request (LAR), the NRC staff reviewed the TSs proposed to be deleted, as well as the administrative changes proposed, for compliance with 10 CFR 50.36.

During the NRC staff review of the LAR, it was identified that not all of the TS 6.5 requirements proposed for deletion were incorporated, or planned for incorporation, into the Exelon QATR.

For example, some requirements were identified as being covered in station procedures. This is not in accordance with AL 95-06, which was cited by the licensee as justification for the proposed changes. The licensee subsequently agreed to perform a verbatim transfer of the requirements formerly contained in TS 6.5.1, TS 6.5.2 and TS 6.5.3 to the QATR, by letter dated February 18, 2009.

The NRC staff review also ensured that future changes to the deleted TS requirements, as controlled by the QATR, will receive appropriate regulatory control.

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3.0 TECHNICAL EVALUATION

3.1 Proposed Changes to TS Section 6.5 Section 6.5, "Review and Audit," of the Oyster Creek TSs contains administrative control requirements as specified by 10 CFR 50.36(c)(5). The licensee, in their license amendment request, proposed to delete Section 6.5 stating that these requirements were currently being implemented under the licensee's existing QATR, Revision 79. During the NRC staff review of the LAR it was identified that the requirements contained in TS section 6.5 were not completely contained in the QATR. In the supplement dated February 18, 2009, the licensee stated their intent to relocate the requirements of TS section 6.5 verbatim to the QATR. Additionally, the licensee stated that changes to the QATR, including those portions which cover the TS Section 6.5 requirements, are subject to regulatory control under 10 CFR 50.54(a).

TS Section 6.5 contains three subsections proposed for deletion. Subsection 6.5.1, "Technical Review and Control," contains requirements for ensuring adequate preparation, review, and approval of documents related to activities outlined in TS 6.5.1.1 through 6.5.1.12. It also contains requirements for records and qualification in TS 6.5.1.13 and TS 6.5.1.14. By letter dated February 18, 2009, the licensee stated their intent to relocate these requirements, in total, to the Exelon QATR, as it applies to Oyster Creek. This relocation will maintain the requirements formerly contained in the TS and by relocating them to the QATR, places them under a more appropriate method of control for future changes, namely 10 CFR 50.54(a).

Additionally, the relocation is in accordance with the guidance of AL 95-06.

TS 6.5.2, "Independent Safety Review Function," contains requirements for ensuring an independent safety review of the subjects described in TS 6.5.2.5(a) - (f). By letter dated February 18,2009, the licensee stated their intent to relocate these requirements, in total, to the Exelon QATR, as it applies to Oyster Creek. This relocation will maintain the requirements formerly contained in the TS and by relocating them to the QATR, places them under a more appropriate method of control for future changes, namely 10 CFR 50.54(a). Additionally, the relocation is in accordance with the guidance of AL 95-06.

Finally, TS subsection 6.5.3, "Audits," contains requirements for the performance of audits encompassing activities described in 6.5.3.1 (a) - (k) and 6.5.3.2(a) - (b), as well as records requirements for audit reports in TS 6.5.3.3. By letter dated February 18,2009, the licensee stated their intent to relocate these requirements, in total, to the Exelon QATR, as it applies to Oyster Creek. This relocation will maintain the requirements formerly contained in the TS and by relocating them to the QATR, places them under a more appropriate method of control for future changes, namely 10 CFR 50.54(a). Additionally, the relocation is in accordance with the guidance of AL 95-06.

The I\IRC staff concludes that the administrative controls requirements proposed for deletion will be implemented under the licensee's QATR. Further, the proposed changes are consistent with the requirements identified for relocation to the quality assurance plan in AL 95-06 and are not otherwise necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to public health and safety. The requirements implemented under the QATR will be adequately controlled by NRC regulations in accordance with 10 CFR 50.54(a) and conform to the requirements of 10 CFR 50.36. Therefore, the NRC staff concludes that the proposed changes to TS 6.5 are acceptable. This determination is based upon the relocation of

-4 the TS requirements directly and completely to the QATR. Therefore, implementing this amendment requires the verbatim relocation of these requirements to the QATR prior to, or concurrent with, implementation.

As a result of the deletion of TS Section 6.5, several administrative changes are necessary.

The TS Table of Contents, page v, must be revised to show Sections 6.5, 6.5.1, 6.5.2 and 6.5.3 as DELETED. In addition, TS 6.6.1 (b), TS 6.8.2, TS 6.8.3 and TS 6.17.1 (2) must be edited to remove references to the deleted TS 6.5.2.5(d), TS 6.5.1 and TS 6.5.1.14 sections. These changes are administrative in nature, follow logically from the previously discussed deletion of TS Section 6.5, have no impact on safety and are therefore acceptable to the NRC staff.

3.2 Other Changes 3.2.1 TS Table 3.1.1 The licensee proposed to correct a typographical error in Note ee of the Table. Specifically, the proposed change would replace the word FUNTIONAL [sic] with FUNCTIONAL. This proposed change appropriately corrects an error and is therefore acceptable.

3.2.2 TS Table 4.1.1 The licensee proposed to correct a typographical error in a note relating to Item 15 of the Table.

Specifically, the proposed change would replace the word setporint [sic] with setpoint. This proposed change appropriately corrects an error and is therefore acceptable.

3.2.3 TS Table 4.1.2 The licensee proposed to delete item 11, "Condenser Vacuum Pump Isolation System," from TS Table 4.1.2. On July 24, 1994, the NRC issued Amendment No. 169 to Facility Operating License No. DPR-16 (ADAMS Accession No. ML011200239) which removed the system from TS Table 3.1.1. Deletion of the corresponding SR in TS Table 4.1.2 was inadvertently omitted.

Because there is no corresponding LCO, the SR is unnecessary and its removal from the Oyster Creek TSs is acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the New Jersey State official were notified of the proposed issuance of the amendment. The State officials had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes a surveillance requirement regarding the installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves 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 signi'ficant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding (April 4, 2008, 73 FR 19108). The amendment also relates to changes in recordkeeping,

reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9) and 10 CFR 51.22(c)(1 0). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment. .

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 amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: B. Miller G. E. Miller Date: February 24, 2009

February 24, 2009 Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Generation Company 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION -ISSUANCE OF AMENDMENT RE: DELETION OF SECTION 6.5, "REVIEW AND AUDIT" (TAC NO. MD7319)

Dear Mr. Pardee:

The Commission has issued the enclosed Amendment No. 273 to Facility Operating License No. DPR-16 for the Oyster Creek Nuclear Generating Station (Oyster Creek), in response to your application dated November 13, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML073240040), as supplemented by letter dated February 18, 2009 (ADAMS Accession No. ML090500853).

The amendment deletes Technical Specification (TS) Section 6.5 and its associated subsections relating to the Review and Audit function. Additionally, the amendment implements changes to correct minor errors in TS Tables 3.1.1, 4.1.1, and 4.1.2.

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

Sincerely, Ira!

G. Edward Miller, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegUlation Docket No. 50-219

Enclosures:

1. Amendment No. 273 to DPR-19

2. Safety Evaluation cc w/encls: Distribution via ListServ DISTRIBUTION PUBLIC LPLI-2 RlF RidsAcrsAcnw_MailCTR Resource RidsNrrDirsltsb Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl1-2 Resource RidsNrrDeEqvb Resource RidsNrrPMGMiller Resource RidsNrrLAABaxter Resource RidsOgcRp Resource RidsRgn1 MailCenter Resource GHill,OIS Amendment Accession Number: ML082890878 OFFICE LPLI-2/PM LPLI-2/LA DE/EQVB/BC DIRS/ITSB/BC OGC LPLI-2/BC NAME G. E. Miller A. Baxter D. Thatcher R. Elliott M. Baty H. Chernoff DATE 2/24109 2/24/09 9/4108 1113/08 11/18/08 2124109 OFFICIAL RECORD COpy