ML083380620

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License Amendment No. 199 & 129, Issuance of Amendment No. 199 and 129, Revisions to the TSs Administrative Controls Section for the Inservice Testing Program
ML083380620
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 12/22/2008
From: Richard Guzman
Plant Licensing Branch 1
To: Polson K
Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
TAC MD9145, TAC MD9146
Download: ML083380620 (20)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 December 22, 2008 Mr. Keith J. Polson Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P. O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 - ISSUANCE OF AMENDMENT REGARDING REVISION TO TECHNICAL SPECIFICATIONS ADMINISTRATIVE CONTROLS SECTION FOR THE INSERVICE TESTING PROGRAM (TAC NOS. MD9145 AND MD9146)

Dear Mr. Polson:

The Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 199 to Renewed Facility Operating License No. DPR-63 and Amendment No. 129 to Renewed Facility Operating License No. NPF-69 for the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2), in response to your application dated June 24, 2008 (Agencywide Documents Access Management System Accession Number ML081780084).

These amendments revise the Technical Specifications (TSs) by (1) replacing the references to Section XI of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (Code) with references to the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) in the applicable TS section for the Inservice Testing (1ST)

Program for NMP 1 TS 6.5.4 and NMP 2 TS 5.5.6; and (2) revising the allowance to extend 1ST frequencies by 25-percent to clearly state that the allowance is applicable to 1ST frequencies of 2 years or less. The proposed changes are based on TS Task Force (TSTF) Standard Technical Specification Change Traveler 479-A, Revision 0, "Changes to Reflect Revision of 10 CFR 50.55a," as modified by TSTF-497-A, Revision 0, "Limit Inservice Testing Program SR 3.0.2 Application to Frequencies of 2 Years or Less."

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

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410

Enclosures:

1. Amendment No. 199 to DPR-63
2. Amendment No. 129 to NPF-69
3. Safety Evaluation cc w/encls: Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 NINE MILE POINT NUCLEAR STATION, LLC (NMPNS)

DOCKET NO. 50-220 NINE MILE POINT NUCLEAR STATION, UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 199 Renewed License No. DPR-63

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

A. The application for amendment by Nine Mile Point Nuclear Station, LLC (the licensee) dated June 24,2008, 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; 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.

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 Renewed Facility Operating License No. DPR-63 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, which is attached hereto, as revised through Amendment No. 199, is hereby incorporated into this license.

Nine Mile Point Nuclear Station, LLC shall operate the facility in accordance with the Technical Specifications.

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3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Mark G. Kowal, Chief Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the License and Technical Specifications Date of Issuance: December 22, 2008

ATTACHMENT TO LICENSE AMENDMENT NO. 199 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-53 DOCKET NO. 50-220 Replace the following page of the Renewed Facility Operating License with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Page Insert Page 3 3 Replace the following page of Appendix A, Technical Specifications, with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Page Insert Page 353 353

-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 and special nuclear material 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 material without restriction to chemical or physical form, for sample analysis or instrument and equipment calibration or associated with radioactive apparatus or components.

(5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:

Part 20, Section 30.34 of Part 30; Section 40.41 of Part 40; Section 50.54 and 50.59 of Part 50; and Section 70.32 of Part 70. This renewed license 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 also subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 1850 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, which is attached hereto, as revised through Amendment No. 199, is hereby incorporated into this license. Nine Mile Point Nuclear Station, LLC shall operate the facility in accordance with the Technical Specifications.

(3) Deleted Renewed License No. DPR 63 Amendment No. 191, 192, 193, 194, 195, 196, 197, 198, 199

i. Limitations on the annual and quarterly doses to a member of the public from iodine-131, iOdine-133, tritium, and all radionuclides in particulate form with half lives >8 days in gaseous effluents released from each unit to areas beyond the site boundary, conforming to 10 CFR 50, Appendix I;
j. Limitations on the annual dose or dose commitment to any member of the public, beyond the site boundary, due to releases of radioactivity and to radiation from uranium fuel cycle sources, conforming to 40 CFR 190; and
k. Limitations on venting and purging of the primary containment through the Emergency Ventilation System to maintain releases as low as reasonably achievable.

The provisions of Surveillance Requirements 4.0.2 and 4.0.3 are applicable to the Radioactive Effluent Controls Program surveillance frequencies.

6.5.4 Inservice Testing Program This program provides controls for inservice testing of Quality Group A, S, and C pumps and valves.

a. Inservice testing of Quality Group A, S, and C pumps and valves shall be performed in accordance with requirements for American Society of Mechanical Engineers (ASME) Code Class 1, 2, and 3 components specified in the applicable Edition and Addenda of the ASME Code for Operation and Maintenance of Nuclear Power Plants (ASME OM Code), SUbject to the applicable provisions of 10CFR50.55a;
b. The provisions of Specification 4.0.2 are applicable to the normal and accelerated testing frequencies specified as 2 years or less in the Inservice Testing Program for performing inservice testing activities;
c. The provisions of Specification 4.0.3 are applicable to inservice testing activities; and
d. Nothing in the ASME OM Code shall be construed to supersede the requirements of any Technical Specification.

6.5.5 Explosive Gas and Storage Tank Radioactivity Monitoring Program This program provides controls for potentially explosive gas mixtures contained in the Main Condenser Offgas Treatment System and the quantity of radioactivity contained in unprotected outdoor liquid storage tanks.

AMENDMENT NO. 142. 157. 162. 181. 182,199 353

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 NINE MILE POINT NUCLEAR STATION, LLC (NMPNS)

DOCKET NO. 50-410 NINE MILE POINT NUCLEAR STATION, UNIT NO.2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 129 Renewed License No. NPF-69

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

A. The application for amendment by Nine Mile Point Nuclear Station, LLC (the licensee) dated June 24, 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; 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.

3. 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 Renewed Facility Operating License No. I\IPF-69 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 129, are hereby incorporated into this license.

Nine Mile Point Nuclear Station, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

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3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Mark G. Kowal, Chief Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the License arid Technical Specifications Date of Issuance: December 22, 2008

ATTACHMENT TO LICENSE AMENDMENT NO. 129 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-69 DOCKET NO. 50-410 Replace the following page of the Renewed Facility Operating License with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Page Insert Page 4 4 Replace the following page of Appendix A, Technical Specifications, with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Page Insert Page 5.5-5 5.5-5

-4 (1) Maximum Power Level Nine Mile Point Nuclear Station, LLC is authorized to operate the facility at reactor core power levels not in excess of 3467 megawatts thermal (100 percent rated power) in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 129 are hereby incorporated into this license. Nine Mile Point Nuclear Station, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Fuel Storage and Handling (Section 9.1, SSER 4)*

a. Fuel assemblies, when stored in their shipping containers, shall be stacked no more than three containers high.
b. When not in the reactor vessel, no more than three fuel assemblies shall be allowed outside of their shipping containers or storage racks in the New Fuel Vault or Spent Fuel Storage Facility.
c. The above three fuel assemblies shall maintain a minimum edge to-edge spacing of twelve (12) inches from the shipping container array and approved storage rack locations.
d. The New Fuel Storage Vault shall have no more than ten fresh fuel assemblies uncovered at anyone time.

(4) Turbine System Maintenance Program (Section 3.5.1.3.10, SER)

The operating licensee shall submit for NRC approval by October 31, 1989, a turbine system maintenance program based on the manufacturer's calculations of missile generation probabilities.

(Submitted by NMPC letter dated October 30,1989 from C.D. Terry and approved by NRC letter dated March 15, 1990 from Robert Martin to Mr. Lawrence Burkhardt, III).

  • The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report (SER) and/or its supplements wherein the license condition is discussed.

Renewed License No. NPF 69 Amendment 117 through 125,126,127,128,129

Programs and Manuals 5.5 5.5 Programs and Manuals 5.5.6 Inservice Testing Program (continued)

a. Testing Frequencies applicable to the ASME Code for Operation and Maintenance of Nuclear Power Plants (ASME OM Code) and applicable Addenda are as follows:

ASME OM Code and applicable Addenda terminology for Required Frequencies inservice testing for performing inservice activities testing activities Weekly At least once per 7 days Monthly At least once per 31 days Quarterly or every 3 months At least once per 92 days Semiannually or every 6 months At least once per 184 days Every 9 months At least once per 276 days Yearly or annually At least once per 366 days Biennially or every 2 years At least once per 731 days

b. The provisions of SR 3.0.2 are applicable to the above required Frequencies and to other normal and accelerated Frequencies specified as 2 years or less in the Inservice Testing Program for performing inservice testing activities;
c. The provisions of SR 3.0.3 are applicable to inservice testing activities; and
d. Nothing in the ASME OM Code shall be construed to supersede the requirements of any TS.

5.5.7 Ventilation Filter Testing Program (VFTP)

The VFTP shall establish the required testing of Engineered Safety Feature (ESF) filter ventilation systems.

Tests described in Specification 5.5.7.a and 5.5.7.b shall be performed once per 24 months; after each complete or partial replacement of the HEPA filter bank or charcoal adsorber bank; after any structural maintenance on the HEPA filter bank or charcoal adsorber bank housing; and, following significant painting, fire, or chemical release in any ventilation zone communicating with the subsystem while it is in operation.

(continued)

NMP2 5.5-5 Amendment 94, 129

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 199 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-63 AND AMENDMENT NO. 129 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-69 NINE MILE POINT NUCLEAR STATION, LLC NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 DOCKET NOS. 50-220 AND 50-410

1.0 INTRODUCTION

By letter dated June 24, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML081780084), Nine Mile Point Nuclear Station, LLC (NMPNS or the licensee) submitted a license amendment request (LAR) for Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2). The proposed amendments would revise the Technical Specifications (TSs) by (1) replacing the references to Section XI of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (B&PV Code) with references to the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) in the applicable TS section for the Inservice Testing (1ST) Program for NMP1 TS 6.5.4 and NMP2 TS 5.5.6; and (2) revising the allowance to extend 1ST frequencies by 25-percent to clearly state that the allowance is applicable to 1ST frequencies of 2 years or less.

The proposed changes are based on TS Task Force (TSTF) Standard Technical Specification (STS) Change Traveler 479-A, Revision 0, "Changes to Reflect Revision of 10 CFR 50.55a," as modified by TSTF-497-A, Revision 0, "Limit Inservice Testing Program SR 3.0.2 Application to Frequencies of 2 Years or Less." In addition, the licensee will make changes to the affected TS Bases pages for NMP 2.

2.0 REGULATORY EVALUATION

Section 50.55a(f) of Title 10 of the Code of Federal Regulations (10 CFR), "Inservice Testing Requirements," requires, in part, that ASME Class 1,2, and 3 components must meet the requirements of the ASME Code. In 1990, the ASME published the initial edition of the ASME OM Code, which provides requirements for 1ST of pumps and valves. The OM Code was developed and is maintained by the ASME Committee on Operation and Maintenance of Nuclear Power Plants. The ASME OM Code was developed in response to the ASME Board on Nuclear Codes and Standards directive that transferred responsibility for development and maintenance of requirements for the 1ST of pumps and valves from the ASME,Section XI, Subcommittee on Nuclear Inservice Inspection to the ASME OM Committee.

-2 Section 50.55a(f)(4)(ii) of 10 CFR requires that 1ST programs be revised every 10 years (120 months) to comply with the requirements of the latest edition and addenda of the ASME OM Code that is incorporated by reference in 10 CFR 50.55a(b)(3). The ASME OM Code was initially incorporated by reference in 10 CFR 50.55a(b)(3) in a final rule dated September 22, 1999 (64 FR 51370). Prior to the final rule, 1ST programs were required to meet the requirements of Section XI, Division 1, of the ASME Code. The ASME deleted the requirements for 1ST of pumps and valves from Section XI in the 2000 Addenda because the requirements for the 1ST of pumps and valves were placed in the ASME OM Code. The ASME publishes a new edition of the ASME OM Code every 3 years, and a new addendum every year.

The NMP 1 and 2 10-year 1ST program updates were developed to meet the requirements of the ASME OM Code pursuant to 10 CFR 50.55a(f)(4)(ii) as required by 10 CFR 50.55a(f)(4).

The TS reference to Section XI of the ASME Code for 1ST requirements results in a reference to a deleted portion of the Section XI ASME Code. The licensee submitted this TS amendment to revise the NMP 1 and 2 TSs to reference the current ASME OM Code requirements. The licensee stated that the latest 10-year 1ST interval for NMP 1 and 2 will begin on January 1, 2009.

Section 50.55a(f)(5)(ii) requires that, if a revised 1ST program for a facility conflicts with the TSs for that facility, the licensee shall apply to the Nuclear Regulatory Commission (NRC) for amendment of the TSs to conform the TSs to the revised program. The licensee is required to submit the application, as specified in 10 CFR 50.4, at least 6 months before the start of the period during which the provisions become applicable, as determined by 10 CFR 50.55a(f)(4).

This amendment addresses TSTF STS change travelers TSTF-479 and TSTF-497. NUREG 1433, "Standard Technical Specifications General Electric Plants, BWRl4", Revision 3.1, and NUREG-1434, "Standard Technical Specifications General Electric Plants, BWRl6," Revision 3.1, incorporated TSTF traveler TSTF-479 in December 2005. This traveler addressed changes to Section 5.5.7, 1ST Program, in Revision 3.1 of the STSs, to reflect revisions of 10 CFR 50.55a referencing the ASME OM Code and the application of SR 3.0.2 to test frequencies specified in the 1ST program. NUREG-1433 and NUREG-1434 were again modified via TSTF traveler TSTF-497 in October 2006. This traveler updates Section 5.5.7.b of the STS to specify that the 25-percent extension applies only to 1ST frequencies of 2 years or less.

Additionally, Section 182a of the Atomic Energy Act (the "Act") requires applicants for nuclear power plant operating licenses to include TSs as part of the license. The TSs ensure the operational capability of structures, systems and components that are required to protect the health and safety of the public. The Commission's regulatory requirements related to the content of the TSs are contained in Title 10 of the Code of Federal Regulations (10 CFR),

Part 50, Section 50.36. This regulation requires that the TS include items in the following specific categories: (1) safety limits, limiting safety systems settings, and limiting control settings (50.36(d)(1)); (2) LCOs (50.36(d)(2)); (3) surveillance requirements (50.36(d)(3));

(4) design features (50.36(d)(4)); and (5) administrative controls (50.36(d)(5)).

In general, there are two classes of changes to the TSs: (1) changes needed to reflect modifications to the design basis (TSs are derived from the design basis), and (2) voluntary changes to take advantage of the evolution in policy and guidance as to the required content and preferred format of TSs over time. This amendment addresses the second class of changes; namely, administrative changes that reflect the current configuration of the plant. In

-3 determining the acceptability of the proposed TS changes, the NRC staff reviewed the proposed changes for compliance with 10 CFR 50.36 and agreement with the precedent as established in NUREG-1433/1434, General Electric Plants (BWR4/BWR6, respectively). In general, licensees cannot justify TS changes solely on the basis of adopting the model STSs. Licensees may revise the TSs to adopt current improved STS format and content provided that plant-specific review supports a finding of continued adequate safety because: (1) the change is editorial, administrative, or provides clarification (Le., no requirements are materially altered); (2) the change is more restrictive than the licensee's current requirement; or (3) the change is less restrictive than the licensee's current requirement, but nonetheless still affords adequate assurance of safety when judged against current regulatory standards. The detailed application of this general framework, and additional specialized guidance, are discussed in Section 3.0 in the context of specific proposed changes.

3.0 TECHNICAL EVALUATION

3.1 Licensee's Proposed TS Changes The licensee proposes to update the NMP 1 and 2 TSs to incorporate administrative changes to NMP 1 TS Section 6.5.4 and NMP 2 TS Section 5.5.6 to reference the ASME OM Code in place of Section XI of the ASME Code.

Specifically, the licensee is requesting the following TS changes:

3.1.1. Changes to NMP1 TS Section 6.5.4, "Inservice Testing Program" NMP1 has custom TSs. Current TS 6.5.4 is similar to STS Section 5.5.7 of NUREG-1433, with the exception that NMP 1 TS 6.5.4 does not contain a table defining the ASME Code test frequencies (in terms of equivalent number of days) applicable to 1ST activities. The proposed changes to NMP1 TS 6.5.4, are as follows:

  • Existing TS 6.5.4.b is separated into two separate specifications. The revised TS 6.5.4.b addresses only the provisions of Specification 4.0.2 (i.e., the allowance to extend 1ST frequencies by 25-percent). The provisions of Specification 4.0.3 (Le., for a missed surveillance) are addressed in new TS 6.5.4.c (see below). TS 6.5.4.b is revised to state:

"The provisions of Specification 4.0.2 are applicable to the normal and accelerated testing frequencies specified as 2 years or less in the Inservice Testing Program for performing inservice testing activities."

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  • A new TS 6.504.c is added to address the provisions of Specification 4.0.3 regarding missed surveillances that were previously located in TS 6.504.b. New TS 6.504.c states:

"The provisions of Specification 4.0.3 are applicable to inservice testing activities. "

3.1.2 Changes to NMP 2 TS Section 5.5.6, "Inservice Testing Program" NMP 2 has implemented the Improved STSs based on NUREG-1434. The proposed changes to NMP 2 TS 5.5.6, "Inservice Testing Program," are consistent with TSTF-479 as modified by TSTF-497, and are as follows:

"The provisions of SR 3.0.2 are applicable to the above required Frequencies and to other normal and accelerated Frequencies specified as 2 years or less in the Inservice Testing Program for performing inservice testing activities."

The associated NMP 2 bases are revised to replace references to the ASME Code,Section XI with references to the ASME OM Code for consistency with the TS changes. The TS bases changes were provided as information only; and the changes will be processed in accordance with the TS Bases Control Program.

3.2 Basis for Changes The applicable TS section for the NMP 1 and 21ST programs currently referencesSection XI of the ASME Code as the source of requirements for the 1ST of ASME Code Class 1, 2, and 3 pumps and valves. The 1ST program updates for the next 10-year 1ST interval are based on the requirements of the ASME OM Code as required by 10 CFR 50.55a(f)(4)(ii).

The regulations in 10 CFR 50.55a(f)(4) establish the effective Code edition and addenda to be used by licensees for performing 1ST of pumps and valves. The regulations in 10 CFR 50.55a(f)(4)(ii) require licensees to update their 1ST program to the latest approved edition and addenda of the ASME OM Code incorporated by reference into 10 CFR 50.55a(b).

The licensee states that (1) the 1ST program for NMP 1 and 2 was updated to comply with the ASME OM Code and (2) the proposed TS changes are necessary to achieve consistency with the 1ST requirements of 10 CFR 50.55a.

According to 10 CFR 50.55a(f)(5)(ii), if a revised 1ST program for a facility conflicts with the TSs for the facility, the licensee is required to apply to the Commission for amendment of the TSs to conform the TSs to the revised program. The licensee must submit the application, as specified in 10 CFR 5004, at least 6 months before the start of the period during which the provisions become applicable as determined by 10 CFR 50.55a(f)( 4). Since the TSs reference ASME Section XI for the 1ST requirements for pumps and valves, the TSs for NMP 1 and 2 require revision to change the 1ST code references from ASME Section XI to the ASME OM Code.

-5 Additionally, the TSs are being revised to indicate that the allowance to extend 1ST frequencies by 25-percent is applicable to normal and accelerated 1ST frequencies specified as 2 years or less. This is consistent with the guidance contained in NUREG 1482, Revision 1, "Guidelines for Inservice Testing at Nuclear Power Plants," and with TSTF-497 which was established to address the concern that 1ST programs may have frequencies for testing that are based on risk and do not conform to standard testing frequencies specified in the TSs.

3.3 NRC Staff's Evaluation The licensee's LAR proposes to make changes that are editorial, administrative, or provide clarification. In order for these changes to be acceptable, the NRC staff must determine that the changes are compatible with the current TSs, do not result in any substantive change in operating requirements, and are consistent with the Commission's regulations.

The current TSs (by referencing Section XI of the ASME Code for 1ST requirements) results in a reference to a deleted portion of the ASME Code. The TS changes do not eliminate any tests and do not relinquish the licensee of its responsibility to seek relief from Code test requirements when they are impractical. The changes will eliminate the ASME Code inconsistency between the 1ST program and the TSs as required by 10 CFR 50.55a(f)(5)(ii). The proposed change will maintain consistency with the Code requirements; therefore, the NRC staff finds the proposed changes to be acceptable. Additionally, the proposed changes are consistent with Section 5.5.7 of the STSs, contained in NUREG-1433, Revision 3.1, and NUREG-1434, Revision 3.1.

The licensee's proposed change applies SR 3.0.2 (NMP 2) and SR 4.0.2 (NMP 1) to the normal and accelerated frequencies specified as 2 years or less in the 1ST program. This change recognizes that the 1ST program may direct that additional tests be performed in accordance with the ASME OM Code that are not at the standard intervals listed in TSs. This is consistent with the intent of the 25-percent extension in that the extension would provide operational flexibility, but would not significantly degrade the reliability that results from performing the surveillance at the specified frequency. Further, the licensee's proposal to limit application of the extension to frequencies specified as 2 years or less limits the maximum incremental time period between surveillances that could be added by the 25-percent extension. Without this limitation, some components, such as safety and relief valves which may be tested at surveillance intervals significantly greater than 2 years, could have extensions applied which would be much greater than needed for operational flexibility. These aspects of the proposed change support code provisions which provide the basis for the 1ST program and are consistent with guidance contained in NUREG-1482, Revision 1, regarding maximum allowable extensions of test intervals.

The licensee's proposed changes are compatible with the current TSs, do not result in any substantive change in operating requirements, and are consistent with the Commission's regulations. Therefore, the NRC staff finds the proposed change to be acceptable.

Compliance with 10 CFR 50.36 and Adoption of model TSTF-479 and TSTF-497 By letter dated December 6, 2005, the !\IRC staff approved TSTF-479 by concluding that the proposed revision to adopt the changes in 10 CFR 50.55a was acceptable, since the requirements of 10 CFR 50.55a adequately provided for 1ST. By letter dated October 4, 2006,

-6 the NRC staff approved TSTF-497 by concluding that the proposed changes enhance the intention to apply the 25-percent 1ST interval extension for the STS SR 3.0.2 to test frequencies of 2 years or less.

TSTF-479 revised the 1ST Program located in Chapter 5 of the STSs to reflect the latest approved version of the ASME OM Code, in lieu of the ASME Code,Section XI requirements, to be consistent with the requirements of 10 CFR 50.55a. The changes will eliminate the ASME Code inconsistency between the 1ST program and the TSs as required by 10 CFR 50.55a(f)(5)(ii). The licensee's proposed TS changes to NMP 1 TS Section 6.5.4 and NMP 2 TS Section 5.5.6 reflect the latest approved version of the OM Code and are consistent with TSTF-479.

To clarify the applicability of the provisions of STS SR 3.0.2, TSTF-497 revised the sentence in paragraph 'b' of Chapter 5 of the STS to state: "The provisions of SR 3.0.2 are applicable to the above required frequencies and to other normal and accelerated Frequencies specified as 2 years or less in the Inservice Testing Program for performing inservice testing activities." This change clearly states that the provisions of STS SR 3.0.2 are applicable to 1ST frequencies of 2 years or less. This requirement referred to the testing frequencies in the table in paragraph "a" of STS 5.5.7, which only lists test frequencies of 2 years or less.

The licensee's proposed revision to NMP 1 TS Section 6.5.4 would apply the 25-percent time extension provided for in Specification SR 4.0.2 to normal and accelerated frequencies specified as 2 years or less in the 1ST Program consistent with the intent of TSTF-497. For NMP 2, the 25-percent time extension is in addition to those periods listed in the NMP 2 Section 5.5.6.a table.

The present TS requirement in SR 3.0.2 allows a 25-percent extension of the Code-specified test interval to facilitate scheduling, and permits the extension in consideration of plant operating conditions that may not be suitable for conducting the inservice test (e.g., transient conditions or other ongoing surveillance or maintenance activities). This extension is consistent with the guidance contained in NUREG-1482, Revision 1, "Guidelines for Inservice Testing at Nuclear Power Plants." The proposed changes revise the TSs to be consistent with the STS and clarifies that the 25-percent extension is applicable to surveillance frequencies of 2 years or less. The NRC staff has previously determined that the 25-percent extension does not significantly degrade the reliability that results from performing the surveillance at its specified Frequency. This is based, in part, on the recognition that the most probable result of any particular surveillance being performed is the verification of conformance with the surveillance requirement. As stated in the bases of the STS, the provisions of the 25-percent extension are not intended to be used repeatedly or merely as an operational convenience to extend surveillance intervals beyond those specified.

The licensee's proposed changes implement revisions consistent with TSTF-479 and TSTF-497 to "IMP 1 TS 6.5.4 and NMP 2 TS Section 5.5.6 to (1) reflect the latest approved version of the ASME OM Code, (2) to state the applicability of the provisions of STS SR 3.0.2, and (3) provide additional wording to clarify that the test frequency extension in the 1ST program applies only to test frequencies of 2 years or less.

-7 The NRC staff finds that the licensee's proposed changes do not alter or eliminate any surveillance requirements required by 10 CFR 50.36(d)(3). Based on the above review, the NRC staff concludes that the licensee's proposed changes to the NMP 1 and 2 TS requirements do not result in any substantive change in operating requirements, are consistent with the Commission's regulations, do not impact the safe shutdown of the plant, and conform to the requirements of 10 CFR 50.55a. On this basis, the NRC staff concludes that the proposed changes to NMP 1 and 2 TSs are acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the New York State official was notified of the proposed issuance of the amendment. The State official provided comments via e-mail (ADAMS Accession No. ML083470307). The comments were considered by the staff and are addressed in Section 3.3 of this safety evaluation.

5.0 ENVIRONMENTAL CONSIDERATION

The amendments change a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20 and changes surveillance requirements. 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 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 the finding issued on October 7,2008 (73 FR 58674). Accordingly, the amendments meet 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 amendments.

6.0 CONCLUSION

The Commission has concluded, on the basis of 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 amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: G. Waig K. Poertner Date: December 22, 2008

December 22, 2008 Mr. Keith J. Polson Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P. O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 - ISSUANCE OF AMENDMENT REGARDING REVISION TO TECHNICAL SPECIFICATIONS ADMINISTRATIVE CONTROLS SECTION FOR THE INSERVICE TESTING PROGRAM (TAC NOS. I\I1D9145 AND MD9146)

Dear Mr. Polson:

The Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 199 to Renewed Facility Operating License No. DPR-63 and Amendment No. 129 to Renewed Facility Operating License No. NPF-69 for the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP 1 and 2), in response to your application dated June 24, 2008 (Agencywide Documents Access Management System Accession Number ML081780084).

These amendments revise the Technical Specifications (TSs) by (1) replacing the references to Section XI of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (Code) with references to the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) in the applicable TS section for the Inservice Testing (1ST) Program for NMP 1 TS 6.5.4 and NMP 2 TS 5.5.6; and (2) revising the allowance to extend 1ST frequencies by 25 percent to clearly state that the allowance is applicable to 1ST frequencies of 2 years or less. The proposed changes are based on TS Task Force (TSTF) Standard Technical Specification Change Traveler 479-A, Revision 0, "Changes to Reflect Revision of 10 CFR 50.55a," as modified by TSTF-497-A, Revision 0, "Limit Inservice Testing Program SR 3.0.2 Application to Frequencies of 2 Years or Less."

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

Sincerely, Ira!

Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410

Enclosures:

1. Amendment No. 199 to DPR-63
2. Amendment No. 129 to NPF-69
3. Safety Evaluation cc w/encls: Distribution via Listserv DISTRIBUTION:

(See next page)

ADAMS Accession N0.: MLO8 3380620

  • SE'InPU provtidedb)v memo. No su bstantia I c hannes made. NRR-058 OFFICE LPLI-1/PM LPLI-1/LA ITSB/BC CPTB/BC OGC LPLI-1/BC NAME RGuzman SUttle RElliott* KMchale* EWilliamson MKowal DATE 12/17/08 12/17/08 11/18/08 SE DTD 10/23/08 SE DTD 12/12/08 12/22/08 OFFICIAL RECORD COpy

DATED: December 22, 2008 AMENDMENT NOS. 199 AND 129 TO RENEWED FACILITY OPERATING LICENSE NOS.

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JMchale RidsNrrDeCptb RElliott RidsNrrDirsltsb ACRS RidsNrrAcrsAcnw&mMailCenter GDentel, RI RidsRgn1 MailCenter GWaig WPoertner

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