RC-09-0012, License Amendment Request LAR 08-01332, for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR 26

License Amendment Request LAR 08-01332, for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR 26

ML090650476
Person / Time
Site:	Summer
Issue date:	03/02/2009
From:	Archie J South Carolina Electric & Gas Co
To:	Martin R Document Control Desk, Office of Nuclear Reactor Regulation
References
LAR 08-01332, RC-09-0012
Download: ML090650476 (12)

Text

Jeffrey B. Archie Vice President, Nuclear Operations 803.345.4214 March 2, 2009 RC-09-0o0 2 A SCANA COMPANY U. S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 ATTN: R. E. Martin

Subject:

VIRGIL C. SUMMER NUCLEAR STATION (VCSNS)

DOCKET NO. 50/395 OPERATING LICENSE NO. NPF-12 LICENSE AMENDMENT REQUEST - LAR 08-01332 LICENSE AMENDMENT REQUEST FOR ADOPTION OF TSTF-51 1, REV. 0, "ELIMINATE WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR 26."

In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10 CFR), SCE&G is submitting a request for an amendment to the Technical Specifications (TS) for VCSNS, UNIT 1.

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." The specific section to be deleted in the VCSNS Technical Specifications is TS 6.2.2.e.

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).

Attachment I provides an evaluation of the proposed change. Attachment II provides the existing TS pages marked up to show the proposed change. Attachment III provides the proposed TS changes in final typed format. Attachment IV provides the regulatory commitment.

SCE&G requests approval of the proposed license amendment by July 1, 2009, to support implementation of TS changes concurrent with implementation of the new 10 CFR 26, Subpart I requirements by October 1, 2009.

This letter contains one regulatory commitment as identified in Attachment IV.

In accordance with 10 CFR 50.91, a copy of this application, with attachments, is being provided to the designated South Carolina Official.

This proposed change has been reviewed and approved by both the Plant Safety Review Committee and the Nuclear Safety Review Committee.

SCE&G I Virgil C. Summer Nuclear Station

• P. 0. Box 88 ° Jenkinsville, South Carolina 29065. T (803) 345.5209 -www.scana.mom

Document Control Desk LAR 08-01332 RC-09-0012 Page 2 of 2 If you should have any questions regarding this submittal, please contact Mr. Bruce L.

Thompson at (803) 931-5042.

I certify under penalty of perjury that the foregoing is true and correct.

E' Lxecuted on Jeffrey I. A7hie JHW/JBA/dr Attachments: (4)

I Evaluation of Proposed Change II Proposed Technical Specification Change (Mark-Up)

III Proposed Technical Specification Change (Re-Typed)

IV List of Regulatory Commitments c:

K. B. Marsh S. A. Byrne N. S. Carns J. H. Hamilton R. J. White K. J. Browne L. A. Reyes R. E. Martin NRC Resident Inspector P. Ledbetter K. M. Sutton T. P. O'Kelley CR (LAR 08-01332)

File (813.20)

PRSF (RC-09-0012)

Document Control Desk Attachment I LAR 08-01332 RC-09-0012 Page 1 of 5 ATTACHMENT I EVALUATION OF PROPOSED CHANGE

Document Control Desk Attachment I LAR 08-01332 RC-09-0012 Page 2 of 5 1.0 Description 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 Specification 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-51 1 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 Chanqes 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. SCE&G is proposing one variation or deviation from the TS changes described in TSTF-51 1, Revision 0, or the NRC staff's model safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. VCSNS TS working hour restrictions to be deleted are located in paragraph e. of TS 6.2.2 vice TS 5.2.2. This deviation has no impact on the NRC staff's model SE.

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 6.2.2. 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 SCE&G has reviewed the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. SCE&G has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to VCSNS, UNIT 1.

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.

Document Control Desk Attachment I LAR 08-01332 RC-09-0012 Page 3 of 5 The proposed change removes working hour limits imposed in the Technical Specifications 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 Technical Specifications.

Removal of the Technical Specification 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. Along with this LAR, SCE&G has submitted a commitment to comply with 10 CFR Part 26 concurrently with the implementation of the Technical Specification change.

5.0 Regulatory Analysis 5.1 No Significant Hazards Consideration SCE&G has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. SCE&G has concluded that the determination presented in the notice is applicable to VCSNS, UNIT 1. SCE&G 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 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.

Document Control Desk Attachment I LAR 08-01332 RC-09-0012 Page 4 of 5 The proposed change does not alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or affect 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 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, SCE&G 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/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). SCE&G has reviewed the NRC staff's model 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 VCSNS, UNIT 1.

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.

Document Control Desk Attachment I LAR 08-01332 RC-09-0012 Page 5 of 5 6.0 Environmental Consideration SCE&G has reviewed the environmental evaluation included in the safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. SCE&G has concluded that the staff's findings presented in that evaluation are applicable to VCSNS, UNIT 1. 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)(10).

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-511, 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)

Document Control Desk Attachment II LAR 08-01332 RC-09-0012 Page 1 of 2 ATTACHMENT II PROPOSED TECHNICAL SPECIFICATION CHANGE (MARK-UP)

ADMINISTRATIVE CONTROLS

b.

At least one licensed Reactor Operator shall be in the control room when fuel is in the reactor.

In addition, while the unit is in MODE 1, 2, 3 or 4, at least one Licensed Senior Reactor Operator shall be in the Control Room.

c.

A health physics technicianm shall be on site when fuel is in the

• -. reactor.

d.

All CORE ALTERATIONS shall be observed and directly supervised by either a licensed Senior Reactor Operator-'or Senior Reactor Operator

...Li.mtedto Fuel. Handling who has no-other-concurrent responsibilities during this operation.

e.

Administrative procedures shall be developed and implemented to limit the working hours-of unit staff who perform safety-related functions; e.g., senior reactor operators, reactor operators, lth physicists, auxiliary operators, and key maintenance person A

uate shift coverage shall be maintained without ro ne heavy use Ikl'fvrC of ov time.

However, in the event that unforeseen oblems require substan *al amounts of overtime to be used,-or dur-<g extended

.2,P_

periods o shutdown for refueling, major maint nce or major plant modificatio on a temporary basis, the foljnýwing guidelines shall be followed:F

a. An individual s uld not be peputted to work more than 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> straight, excludi shift tur over time.

b.

An individual should ot permitted to work more than 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> in any 24-hour period, r more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in any 48-hour period, nor more tha 2 ours in any seven day period, all excluding shift tu over ti.

c.

A break of at ast eight hour should be allowed between work periods, inc ding shift turnove ime.

d.

Except d ing extended shutdown per s, the use of overtime shoul e considered on an individual is and not for the ente staff on a shift.

Any iation from the above guidelines shall be a horized by the Ge ral Manager, Nuclear Plant Operations, or his dep ty, or higher evels of management, in accordance with established pr edures and with documentation of the basis for granting the deviatio.

Except during extended shutdown periods, controls shall be includ in the procedures such that individual overtime shall be reviewed m thly by the General Manager, Nuclear Plant Operations, or his designee to assure that excessive hours have not been assigned.

Routine de tion from the above guidelines is not authorized.

1. The health physics technician composition may be less than the minimum require-ments 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 provided immediate action is taken to fill the required positions.

SUMMER -

UNIT 1 6-1a Amendment No. 7NX7,79

Document Control Desk Attachment III LAR 08-01332 RC-09-0012 Page 1 of 2 ATTACHMENT III PROPOSED TECHNICAL SPECIFICATION CHANGE (RE-TYPED)

ADMINISTRATIVE CONTROLS

b.

At least one licensed Reactor Operator shall be in the control room when fuel is in the reactor. In addition, while the unit is in MODE 1, 2, 3 or 4, at least one Licensed Senior Reactor Operator shall be in the Control Room.

c.

A health physics technician# shall be on site when fuel is in the reactor.

d.

All CORE ALTERATIONS shall be observed and directly supervised by either a licensed Senior Reactor Operator or Senior Reactor Operator Limited to Fuel Handling who has no other concurrent responsibilities during this operation.

e.

Deleted.

The health physics technician composition may be less than the minimum requirements 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 provided immediate action is taken to fill the required positions.

SUMMER - UNIT 1 6-1 a Amendment No. 18, 51, 79,

Document Control Desk Attachment IV LAR 08-01332 RC-09-0012 Page 1 of 1 ATTACHMENT IV LIST OF REGULATORY COMMITMENTS Removal of the plant-specific TS requirements will be 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.