ML082950757

Issuance of Amendment to Correct an Error Generated During Palisades License Transfer Approval and to Remove Outdated License Conditions Re Surveillance Requirements, TAC MD8726

ML082950757
Person / Time
Site:	Palisades
Issue date:	12/15/2008
From:	Mahesh Chawla Plant Licensing Branch III
To:	Entergy Nuclear Operations
Chawla M, NRR/DORL, 415-8371
References
TAC MD8726
Download: ML082950757 (13)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 15, 2008 Vice President, Operations Entergy Nuclear Operations Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES PLANT - ISSUANCE OF AMENDMENT TO CORRECT AN ERROR GENERATED DURING PALISADES LICENSE TRANSFER APPROVAL AND TO REMOVE OUTDATED LICENSE CONDITIONS PERTAINING TO SURVEILLANCE REQUIREMENTS (TAC NO. MD8726)

Dear Sir or Madam:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 235 to Renewed Facility Operating License No. DPR-20 for Palisades Nuclear Plant. The amendment consists of changes to the Technical Specifications in response to your application dated May 5, 2008.

The amendment would revise renewed facility operating license DPR-20 to correct an error, generated during Palisades license transfer approval on April 11, 2007, and also remove several outdated license conditions pertaining to surveillance requirements.

A copy of our related safety evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, Mahesh L. Chawla, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255

Enclosures:

1. Amendment No. 235 to DPR-20

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO. 50-255 PALISADES PLANT AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 235 License No. DPR-20

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

A. The application for amendment by Entergy Nuclear Operations, Inc., (ENO),

the licensee, dated May 5, 2008, 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; 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 the license amendment and Paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-20 is hereby amended to read as follows:

(2) The Technical Specifications contained in Appendix A, as revised through Amendment No. 235, and the Environmental Protection Plan contained in Appendix B are hereby incorporated in the license. ENO shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of the date of issuance and shall be implemented within 90 days.

FOR THE NUCLEAR REGULATORY COMMISSION

~J v,,,\'"r,,,,9:;J Lois M. JamesSt~ief Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License and Technical Specifications Date of Issuance: December 15, 2008

ATTACHMENT TO LICENSE AMENDMENT NO. 235 RENEWED FACILITY OPERATING LICENSE NO. DPR-20 DOCKET NO. 50-255 Replace the following pages of the Renewed Facility Operating License No. DPR-20 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

REMOVE INSERT Page 1 Page 1 Page 2 Page 2 Page 3 Page 3 Page 4 Page 4 Page 5 Page 5

ENTERGY NUCLEAR PALISADES, LLC ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO. 50-255 PALISADES NUCLEAR PLANT RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-20

1. The Nuclear Regulatory Commission (NRC or the Commission) having previously made the findings set forth in Operating License No. DPR-20, dated February 21, 1991, has now found that:

A. The application for Renewed Operating License No. DRP-20 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, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Palisades Plant (the facility) has been completed in conformity with Provisional Construction Permit No. CPPR-25 and the application, as amended, the provisions of the Act, and the regulations of the Commission, and has been operating under facility operating license since February 21, 1991; C. Actions have been identified and have been or will be taken with respect to:

(1) managing the effects of aging on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1) during the period of extended operation, and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by this renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3 for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; Amendment No. ~, 235

-2 D. The facility will operate in conformity with the application, the provisions of the Act, and the regulations of the Commission; E. There is reasonable assurance: (i) that the activities authorized by this renewed operating license 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; F. Entergy Nuclear Palisades, LLC (ENP) is financially qualified and Entergy Nuclear Operations, Inc. (ENO) is financially and technically qualified to engage in the activities authorized by this renewed operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G. ENP and ENO have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements" of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this renewed Facility Operating License No. DPR-20, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 (formerly Appendix D to Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed operating license will be in accordance with 10 CFR Parts 30, 40, and 70.

2. Operating License No. DPR-20, dated February 21, 1991, as amended, was superseded in its entirety by Renewed Facility Operating License No. DPR-20 (previously issued to Consumers Energy Company), is hereby issued to ENP and ENO as follows:

A. This renewed license applies to the Palisades Plant, a pressurized light water moderated and cooled reactor and electrical generating equipment (the facility). The facility is located in Van Buren County, Michigan, and is described in the Palisades Plant Updated Final Safety Analysis Report, as supplemented and amended, and in the Palisades Plant Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:

Renewed License No. DPR-20 Amendment No. 224, 235

-3 (1) Pursuant to Section 104b of the Act, as amended, and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," (a) ENP to possess and use, and (b) ENO to possess, use and operate, the facility as a utilization facility at the designated location in Van Buren County, Michigan, in accordance with the procedures and limitation set forth in this license; (2) ENO, pursuant to the Act and 10 CFR Parts 40 and 70, to receive, possess, and use source and special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended; (3) ENO, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use byproduct, source, and special nuclear material as sealed sources for reactor startup, reactor instrumentation, radiation monitoring equipment calibration, and fission detectors in amounts as required; (4) ENO, 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 material for sample analysis or instrument calibration, or associated with radioactive apparatus or components; and (5) ENO, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operations of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations in 10 CFR Chapter I and is subject to all applicable provisions of the Act; 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) ENO is authorized to operate the facility at steady-state reactor core power levels not in excess of 2565.4 Megawatts thermal (100 percent rated power) in accordance with the conditions specified herein.

(2) The Technical Specifications contained in Appendix A, as revised through Amendment No.235, and the Environmental Protection Plan contained in Appendix B are hereby incorporated in the license. ENO shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) ENO shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the SERs dated 09/01/78, 03/19/80, 02/10/81, OS/26/83, 07/12/85,01/29/86,12/03/87, and 05/19/89 and subject to the following provisions:

Renewed License No. DPR-20 Amendment No. 235

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a. ENO may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

b. ENO may alter specific features of the approved fire protection program provided:

- Such changes do not result in failure to complete the fire protection program as approved by the Commission. ENO shall maintain in auditable form, a current record of all such changes, including an analysis of the effects of the change on the fire protection program and shall make such records available to the Commission Inspectors upon request. All changes to the approved program shall be reported along with the FSAR revision as required by 10 CFR 50.71(e); and

- Temporary changes to specific fire protection features which may be necessary to accomplish maintenance or modifications are acceptable provided interim compensatory measures are implemented.

(4) [deleted]

(5) [deleted]

Renewed License No. DPR-20 Amendment No. ~, 235

-5 This page retained for page numbering Renewed License No. DPR-20 Amendment No. ~, 235

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 235 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-20 ENTERGY NUCLEAR OPERATIONS, INC.

PALISADES PLANT DOCKET NO. 50-255

1.0 INTRODUCTION

By application dated May 5, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML081270068), the Entergy Nuclear Operations, Inc., (the licensee),

requested changes to the Technical Specifications (TSs) for the Palisades Plant. The proposed changes would revise renewed facility operating license DPR-20 to correct an error generated when the renewed facility operating license was created and also remove several outdated license conditions pertaining to surveillance requirements. These license conditions were created as a result of the following amendments to Operating License No. DPR-20:

Amendment 189 to Operating License No. DPR-20, dated November 30, 1999, [ADAMS Accession No. ML993510317], converted Palisades Technical Specifications (TS) to the Standard Technical Specifications (STS) format. This conversion was based on NUREG-1432, "Standard Technical Specifications Combustion Engineering Plants,"

revision 1. This amendment also added license condition 2.C.(4) to address performance of new or revised TS surveillance requirements (SRs) while implementing Amendment 189.

Amendment 206 to Operating License No. DPR-20, dated December 19, 2001, [ADAMS Accession No. IVIL013540433] revised the Palisades Operating License. This amendment added license condition 2.C.(5) and Table 2.C.(5) to extend certain TS surveillance requirement intervals, on a one-time basis, to permit them to be performed during a refueling outage, but no later than April 30, 2003.

Amendment 224, dated April 11, 2007, [ADAMS Accession No. ML071010308], issued the Palisades Renewed Facility Operating License No. DPR-20 to ENP and ENO. This amendment included license conditions 2.C.(4) and 2.C.(5), and Table 2.C.(5). This amendment also inadvertently created an error in section A.1 when describing the initiator of the request for the renewed operating license.

Enclosure

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2.0 REGULATORY EVALUATION

The license amendment request involves changes to the renewed facility operating license to correct an error generated during issuance of renewed operating license and also to remove several outdated license conditions pertaining to surveillance requirements. The proposed changes do not require relief from any regulatory requirements and also do not affect conformance with General Design Criterion as described in the Final Safety Analysis Report.

Therefore, based on above considerations, 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 Commissions' 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.

3.0 TECHNICAL EVALUATION

The Renewed Operating License DPR-20 section 1.A states that the application for Renewed Operating License No. DPR-20 was filed by Entergy Nuclear Palisades, LLC (ENP) and Entergy Nuclear Operations, Inc. (ENO). Although it is referring to the license transfer implemented under amendment 224 issued on April 11, 2007; the verbiage is confusing since the filing for the renewed facility operating license was actually completed by Consumers Energy and Nuclear Management Company, LLC on March 22, 2005 and it was later transferred to Entergy Nuclear Palisades, LLC (ENP) and Entergy Nuclear Operations, Inc. (EI\IO).

To resolve this error, ENO proposed in their application that the detail of who filed for the renewed facility operating license be removed from section 1.A and that a collateral proposed change be made to section 1.F to spell-out first-use acronyms ENP and ENO.

The provisions of renewed facility operating license DPR-20 condition 2.C.(4) are no longer required since over seven years have transpired since Amendment 189 was implemented and all affected SRs have been performed. Renewed facility operating license DPR-20 condition 2.C.(5) and Table 2.C.(5) are no longer required since the allowed extension expired on April 30, 2003.

Amendment 224, dated April 11, 2007, issued the Palisades renewed Facility Operating License No. DPR-20 to EI\IP and ENO, which included the obsolete conditions 2.C.(4) and 2.C.(5) and Table 2.C.(5). These conditions could not be deleted in amendment 224 since it was not a part of the request during license renewal. Also the revision of section 1.A did not adequately describe initiator of the request for renewed operating license.

The Nuclear Regulatory Commission staff agrees with the licensee on the proposed changes since these changes provide further clarifications to the license to reflect the current plant requirements. These changes are administrative in nature and hence they have no adverse impact on plant operation and safety.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Michigan State official was notified of the proposed issuance of the amendment. The Michigan State official had no comments.

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5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes a requirement with respect to the installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20 or change the surveillance requirements. The 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 significant 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 (73 FR 52416). Accordingly, the amendment meets 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 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 Contributor: M. Chawla, I\JRR Date: December 15, 2008

December 15, 2008 Vice President, Operations Entergy Nuclear Operations Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES PLANT - ISSUANCE OF AMENDMENT TO CORRECT AN ERROR GENERATED DURING PALISADES LICENSE TRANSFER APPROVAL AND TO REMOVE OUTDATED LICENSE CONDITIONS PERTAINING TO SURVEILLANCE REQUIREMENTS (TAC NO. MD8726)

Dear Sir or Madam:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 235 to Renewed Facility Operating License No. DPR-20 for Palisades Nuclear Plant. The amendment consists of changes to the Technical Specifications in response to your application dated The amendment would revise renewed facility operating license DPR-20 to correct an error, generated during Palisades license transfer approval on Apri/11, 2007, and also remove several outdated license conditions pertaining to surveillance requirements.

A copy of our related safety evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, IRA!

Mahesh L. Chawla, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255

Enclosures:

1. Amendment No. 235 to DPR-20

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

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