NG-09-0047, Technical Specification Change Request (Tscr - 107) - License Amendment Request for Adoption of TSTF-51 1, Rev. 0, Eliminate Working Hour Restrictions from Technical Specification 5.2.2 to Support Compliance with 10 CFR Part 26.

Technical Specification Change Request (Tscr - 107) - License Amendment Request for Adoption of TSTF-51 1, Rev. 0, Eliminate Working Hour Restrictions from Technical Specification 5.2.2 to Support Compliance with 10 CFR Part 26.

ML090570045
Person / Time
Site:	Duane Arnold
Issue date:	01/30/2009
From:	Richard Anderson Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NG-09-0047, TSCR-107, TSTF-511, Rev 0
Download: ML090570045 (14)

Text

FPL Energy Duane Arnold, LLC 3277 DAEC Road Palo, Iowa 52324 FPL Energy.

Duane Arnold Energy Center January 30, 2009 NG-09-0047 10 CFR 50.90 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 Duane Arnold Energy Center Docket 50-331 License No. DPR-49 Technical Specification Change Request (TSCR - 107) - License Amendment Request for Adoption of TSTF-51 1, Rev. 0, "Eliminate Workinq Hour Restrictions From Technical Specification 5.2.2 To Support Compliance With 10 CFR Part 26" Affected Technical Specification: Section 5.2.2 In accordance with the provisions of 10 CFR 50.90, FPL Energy Duane Arnold, LLC (hereafter, FPL Energy Duane Arnold) hereby submits Technical Specification Change Request TSCR-107., The proposed amendment will delete the Duane Arnold Energy Center (DAEC) Technical Specification (TS) Section 5.2.2.e regarding work hour controls. -

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specifications Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the consolidated line item improvement process (CLIIP). A typographical error in TS 5.2.2.d is also corrected in this TSCR.

Exhibit A provides an evaluation of the proposed change, Exhibit B provides the existing TS page marked-up to show the proposed change, Exhibit C provides a clean-typed TS page,zand Exhibit D provides a regulatory commitment.

FPL Energy Duane Arnold requests approval of this proposed license amendment by September 1, 2009 to support implementation of TS changes concurrent with implementation of the new 10 CFR 26, Subpart I requirements by October 1, 2009 ILUD

Document Control Desk NG-09-0047 Page 2 If you have any questions or require additional information, please contact Steve Catron (319) 851-7234.

I declare under penalty of perjury that the foregoing is true and correct. Executed on January 30, 2009.

Richard L. Anderso4 Vice President, Duane Arnold Energy Center FPL Energy Duane Arnold, LLC Exhibits: A) EVALUATION OF PROPOSED CHANGE B) PROPOSED TECHNICAL SPECIFICATION CHANGES (MARK-UP)

C) PROPOSED TECHNICAL SPECIFICATION PAGES (RE-TYPED)

D) REGULATORY COMMITMENT cc: Administrator, Region III, USNRC Project Manager, DAEC, USNRC Resident Inspector, DAEC, USNRC D. McGhee (State of Iowa)

NG-09-0047 Exhibit A Page 1 of 6 EXHIBIT A EVALUATION OF PROPOSED CHANGE

Subject:

Technical Specification Change Request (TSCR -107) - License Amendment Request for Adoption of TSTF-51 1, Rev. 0, "Eliminate Working Hour Restrictions From Technical Specification 5.2.2 To Support Compliance With 10 CFR Part 26"

4.0 TECHNICAL ANALYSIS

5.0 REGULATORY SAFETY ANALYSIS 5.1 No Significant Hazards Consideration 5.2 Applicable Regulatory Requirements and Criteria

7.0 REFERENCES

NG-09-0047 Exhibit A Page 2 of 6 1,0 DESCRIPTION The proposed amendment would delete those portions of Technical Specification (TS) 5.2.2 superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF)

Improved Standard Technical Specifications Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." Minor differences between the proposed plant specific TS changes, and the changes proposed by TSTF-511 are listed in section 2.0. The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the consolidated line item improvement process (CLIIP).

2.0 PROPOSED CHANGE

Consistent with the NRC approved Revision 0 of TSTF-51 1, the proposed TS changes delete those portions of TS superseded by .10 CFR Part 26, Subpart I.

This application is being made in accordance with the CLIIP. FPL Energy Duane Arnold is not proposing variations or deviations from the TS changes described in TSTF-51 1, Revision 0, or the NRC staffs model safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability.

FPL Energy Duane Arnold has chosen not to renumber the associated TS Sections per TSTF-51 1 to prevent the need to revise plant procedures solely due to the renumbering of TS Sections. This proposed amendment also corrects a typographical error in TS 5.2.2.d.

3.0 BACKGROUND

The NRC issued a Federal Register notice (73 FR 16966, March 31, 2008) of the issuance of a final rule that amended 10 CFR Part 26. The revised regulations in 10 CFR Part 26, Subpart I supersede working hour restrictions contained in paragraph e of TS 5.2.2. The background for this application is adequately addressed by the NRC Notice of Availability published on December 30, 2008 (73 FR 79923).

4.0 TECHNICAL ANALYSIS

FPL Energy Duane Arnold has reviewed the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. FPL Energy Duane Arnold has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to the Duane Arnold Energy Center.

NG-09-0047 Exhibit A Page 3 of 6 10 CFR Part 26, Subpart I, supersedes existing worker fatigue guidance. 10 CFR Part 26, Subpart I, distinguishes between work hour controls and fatigue management and strengthens the requirements for both. Under the new rule, work hour restrictions include not only work hour limitations for rolling 24-hour, 48-hour, and 7-day periods, but also include a required minimum break between work periods and varying required minimum days off. Additionally, Subpart I confines the use of waivers (deviations from restrictions) to situations where overtime is necessary to mitigate or prevent a condition adverse to safety or necessary to maintain the security of the facility. Subpart I also strengthens reporting requirements. Finally, the new rule's work hour control scope includes certain operating and maintenance personnel, as well as individuals directing those operating and maintenance personnel, health physics and chemistry personnel who are a part of the on-site emergency response organization minimum shift complement, the fire brigade member who is responsible for understanding the effects of fire and fire suppressants on safe shutdown capability, and certain security personnel.

The proposed change removes working hour limits imposed in the TS in order to support compliance with 10 CFR Part 26, Subpart I. Work hour controls and fatigue management requirements have been incorporated into the NRC's regulations; therefore, it is unnecessary to have work hour control requirements in the TS.

Removal of the TS requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements, even if the Technical Specification change is implemented prior to the October 1, 2009 deadline for implementation of 10 CFR Part 26. Along with this TSCR, FPL Energy Duane Arnold is submitting a commitment to comply with 10 CFR Part 26 concurrently with the implementation of the TS change.

5.0 REGULATORY SAFETY ANALYSIS 5.1 No Significant Hazards Consideration FPL Energy Duane Arnold has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. FPL Energy Duane Arnold has concluded that the determination presented in the notice is applicable to the Duane Arnold Energy Center. FPL Energy Duane Arnold has evaluated the proposed changes to the TS using the criteria in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration. An analysis of the issue of no significant hazards consideration is presented below:

Criterion 1: The Proposed Change Does Not Involve a Significant Increase in the Probability or Consequences of an Accident Previously Evaluated

NG-09-0047 Exhibit A Page 4 of 6 The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Removal of the Technical Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements. The proposed change does not impact the physical configuration or function of plant structures, systems, or components (SSCs) or the manner in which SSCs are operated, maintained, modified, tested, or inspected. Worker fatigue is not an initiator of any accident previously evaluated. Worker fatigue is not an assumption in the consequence mitigation of any accident previously evaluated.

Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Criterion 2: The Proposed Change Does Not Create the Possibility of a New or Different Kind of Accident From Any Accident Previously Evaluated The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Working hours will continue to be controlled in accordance with NRC requirements. The new rule allows for deviations from controls to mitigate or prevent a condition adverse to safety or as necessary to maintain the security of the facility. This ensures that the new rule will not unnecessarily restrict working hours and thereby create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change does not alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or effect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

Criterion 3: The Proposed Change Does Not Involve a Significant Reduction in a Margin of Safety The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. The proposed change does not involve any physical changes to the plant or alter the manner in which plant systems are operated, maintained, modified, tested, or inspected. The proposed change does not alter the manner

NG-09-0047 Exhibit A Page 5 of 6 in which safety limits, limiting safety system settings or limiting conditions for operation are determined. The safety analysis acceptance criteria are not affected by this change. The proposed change will not result in plant operation in a configuration outside the design basis. The proposed change does not adversely affect systems that respond to safely shutdown the plant and to maintain the plant in a safe shutdown condition.

Removal of plant-specific Technical Specification administrative requirements will not reduce a margin of safety because the requirements in 10 CFR Part 26 are adequate to ensure that worker fatigue is managed.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, FPL Energy Duane Arnold concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

5.2 Applicable Regulatory Requirements and Criteria A description of the proposed TS change and its relationship to applicable regulatory requirements was provided in the NRC Notice of Availability published on December 30, 2008 (73 FR 79923). FPL Energy Duane Arnold has reviewed the NRC staffs model Safety Evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability and concluded that the regulatory evaluation section is applicable to the Duane Arnold Energy Center.

The proposed change eliminates the plant-specific Technical Specification administrative controls on working hours. The Technical Specification guidance has been superseded by 10 CFR Part 26.

10 CFR Part 26, Subpart I, "Managing Fatigue," contains requirements for managing worker fatigue at operating nuclear power plants.

10 CFR 50.36 provides, among other things, the regulatory requirements for the content in the Administrative Controls section of the Technical Specifications.

The inclusion of requirements to control working hours and manage fatigue is not required to be in the Administrative Controls by 10 CFR Part 50.36. Because the requirement to control working hours and manage fatigue is provided in 10 CFR Part 26, Subpart I, it is unnecessary for the Technical Specifications to contain similar controls.

NG-09-0047 Exhibit A Page 6 of 6

6.0 ENVIRONMENTAL CONSIDERATION

FPL Energy Duane Arnold has reviewed the environmental evaluation included in the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. FPL Energy Duane Arnold has concluded that the staffs findings presented in that evaluation are applicable to the Duane Arnold Energy Center. The proposed amendment changes recordkeeping, reporting, or administrative procedures. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 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.

7.0 REFERENCES

1. Federal Register Notice, Final Rule 10 CFR Part 26 published on March 31,2008.

2. TSTF-51 1, Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26."

3. Federal Register Notice, Notice of Availability published on December 30, 2008 (73 FR 79923).

NG-09-0047 Exhibit B EXHIBIT B PROPOSED TECHNICAL SPECIFICATION CHANGES (MARK-UP) 1 Page to Follow

Organization 5.2 5.2 Organization (continued) 5.2.2 Unit Staff The unit staff organization shall also include the following:

a. A non-licensed operator shall be assigned to the reactor when containing fuel and an additional non-licensed operator shall be assigned to the reactor when operating in MODES 1, 2, or 3.

b. Shift crew composition shall meet the requirements stipulated herein and in 10 CFR 50.54(m).

c. Shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.g for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

d. A person qualified to implement radiation protection procedures shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provided for unexpected absence, provided immediate action is taken to fill the required position.

e. Not used. Adminitrative procedurcs shall be developed and isrlple*e*ted to limit the working hours of pFSeRonnel who pe*rr*m safety-related funcRtioEns (e.g., li-ensed Senior ReaGt*fr Opeators (SROs), licensed Reactor Operators (RC~s), health physic technicians, auxiliary operators and key maineac personnGRel).

The controls shall include guidelincs on working hours that ensu1re adequate shift coverage shall be maintained without routine heavy use of overtime. Any deviation from the okn hour guidelines shall be authorized in advance by therepnil department manager or the responsible depar-tment m~anager'-s designee, in accordancc with approved administrative procedures, and with documnentation of the basis for granting the deviation. RouLtine deviation fErom the working hour guidelines shall, not be authorized-.

f. The Operations Manager or Operations Supervisors shall hold an SRO license.

(continued)

DAEC 5.0-3 TSCR-107

NG-09-0047 Exhibit C EXHIBIT C PROPOSED TECHNICAL SPECIFICATION PAGES (RE-TYPED) 1 Page to Follow

Organization 5.2 5.2 Organization (continued) 5.2.2 Unit Staff The unit staff organization shall also include the following:

a. A non-licensed operator shall be assigned to the reactor when containing fuel and an additional non-licensed operator shall be assigned to the reactor when operating in MODES 1, 2, or 3.

b. Shift crew composition shall meet the requirements stipulated herein and in 10 CFR 50.54(m).

c. Shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.g for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

d. A person qualified to implement radiation protection procedures shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

e. Not used.

f. The Operations Manager or Operations Supervisors shall hold an SRO license.

(continued)

DAEC 5.0-3 Amendment No.

NG-09-0047 Exhibit D Page 1 of 2 EXHIBIT D REGULATORY COMMITMENT

NG-09-0047 Exhibit D Page 2 of 2 REGULATORY COMMITMENT The following table identifies the action committed to by FPL Energy Duane Arnold in this document. Any other statements in this submittal are provided for information purposes and are not considered to be regulatory commitments.

REGULATORY COMMITMENT DUE DATE/EVENT Removal of the plant-specific TS requirements will be October 1, 2009 performed concurrently with the implementation of the 10 CFR Part 26, Subpart I requirements. This commitment will be completed no later than October 1, 2009.