CP-200900383, License Amendment Request (LAR) 09-006, for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26

License Amendment Request (LAR)09-006, for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26

ML090910744
Person / Time
Site:	Comanche Peak
Issue date:	04/01/2009
From:	Flores R, Madden F Luminant Generation Co, Luminant Power
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
CP-200900383, TXX-09046
Download: ML090910744 (16)

Text

A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway

• Comanche Peak

• Diablo Canyon

• Palo Verde

• San Onofre

• South Texas Project

• Wolf Creek CP-200900383 TXX-09046 Ref:

10 CFR 50.90 April 1, 2009 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION (CPSES) DOCKET NOS. 50-445 AND 50-446, LICENSE AMENDMENT REQUEST (LAR)09-006, FOR ADOPTION OF TSTF-511, REV. 0, ELIMINATE WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR PART 26.

Dear Sir or Madam:

In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10 CFR),

Luminant Generation Company LLC (Luminant Power) is submitting a request for an amendment to the Technical Specifications (TS) for Comanche Peak Steam Electric Station (CPSES), herein referred to as Comanche Peak Nuclear Power Plant (CPNPP), Unit 1 Operating License (NPF-87) and Unit 2 Operating License (NPF-89). This change request applies to both Units.

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I.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-511, 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). provides an evaluation of the proposed change. Attachment 2 provides the existing TS pages marked up to show the proposed change. Attachment 3 provides the proposed TS changes in final typed format. Attachment 4 provides one regulatory commitment.

Luminant Power requests approval of the proposed license amendment by August 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 4.

Rafael Flores Senior Vice President

& Chief Nuclear Officer rafael.flores@luminant.com Luminant Power P.O. Box 1002 6322 North FM 56 Glen Rose, TX 76043 T

C F

254 897 5590 817 559 0403 254 897 6652

U. S. Nuclear Regulatory Commission TXX*09046 Page 2 04/01/2009 In accordance with 10 CFR 50.91(b), Luminant Power is providing the State of Texas with a copy of this proposed amendment.

If you should have any questions regarding this submittal, please contact Mr. Carl Corbin at (254) 897-0121.

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

Executed on April 1, 2009.

Sincerely, Luminant Generation Company, LLC Rafael Flores By:

Fred W. Madden Director, Oversight & Regulatory Affairs CBC Attachments:

1. Evaluation of Proposed Change

2. Proposed Technical Specification Change (Mark-Up)

3. Proposed Technical Specification Change (Re-Typed)

4. List of Regulatory Commitments c -

E. E. Collins, Region IV B. K. Singal, NRR Resident Inspectors, CPNPP Alice Hamilton Rogers, P.E.

Inspection Unit Manager Texas Department of State Health Services Mail Code 1986 PO Box 149347 Austin, Texas 78714-9347

ATTACHMENT 1 to TXX-09046 EVALUATION OF PROPOSED CHANGE to TXX-09046 Page 1 04/01/2009 EVALUATION OF PROPOSED CHANGE

4.0 TECHNICAL ANALYSIS

5.0 REGULATORY SAFETY ANALYSIS 5.1 No Significant Hazards Determination 5.2 Applicable Regulatory Requirements/Criteria

7.0 REFERENCES

to TXX-09046 Page 2 04/01/2009

1.0 DESCRIPTION

The proposed amendment would delete those portions of Technical Specifications (TS) superseded by 10 CFR 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-511, 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).

2.0 PROPOSED CHANGE

Consistent with the NRC approved Revision 0 of TSTF-511, the proposed TS changes delete those portions of TS superseded by 10 CFR 26, Subpart I.

This application is being made in accordance with the CLIIP. Luminant Generation Company LLC (Luminant Power) is not proposing variations or deviations from the TS changes described in TSTF-511, 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.

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 26. The revised regulations in 10 CFR 26, Subpart I supersede working hour restrictions contained in paragraph d 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

Luminant Power has reviewed the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. Luminant Power has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to Comanche Peak Steam Electric Station (CPSES), herein referred to as Comanche Peak Nuclear Power Plant (CPNPP) Units 1 and

2.

10 CFR 26, Subpart I, supersedes existing worker fatigue guidance. 10 CFR 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.

to TXX-09046 Page 3 04/01/2009 The proposed change removes working hour limits imposed in the Technical Specifications in order to support compliance with 10 CFR 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 TS requirements will be performed concurrently with the implementation of the 10 CFR 26, Subpart I, requirements, even if the TS change is implemented prior to the October 1, 2009 deadline. Along with this LAR, Luminant Power has submitted a commitment to comply with 10 CFR 26 concurrently with the implementation of the Technical Specification change.

5.0 REGULATORY SAFETY ANALYSIS 5.1 NO SIGNIFICANT HAZARDS DETERMINATION Luminant Power has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. Luminant Power has concluded that the determination presented in the notice is applicable to CPNPP Units 1 and 2. Luminant Power has evaluated the proposed changes to the Technical Specifications (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 TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR 26. Removal of the TS requirements will be performed concurrently with the implementation of the 10 CFR 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.

to TXX-09046 Page 4 04/01/2009 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 TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR 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 TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR 26. The proposed change does not involve any physical changes to 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 TS administrative requirements will not reduce a margin of safety because the requirements in 10 CFR 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, Luminant Power 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). Luminant Power has reviewed the NRC staff's model SE published to TXX-09046 Page 5 04/01/2009 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 CPNPP Units 1 and 2.

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

10 CFR 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 26, Subpart I, it is unnecessary for the TS to contain similar controls.

6.0 ENVIRONMENTAL CONSIDERATION

Luminant Power 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.

Luminant Power has concluded that the staff's findings presented in that evaluation are applicable to CPNPP Units 1 and 2. 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).

ATTACHMENT 2 to TXX-09046 PROPOSED TECHNICAL SPECIFICATION CHANGE (MARK-UP)

Pages 5.0-3 5.0-4

Organization 5.2 5.2 Organization (continued)

COMANCHE PEAK - UNITS 1 AND 2 5.0-3 Amendment No. 64 5.2.2 Unit Staff The unit staff organization shall include the following:

a.

A non-licensed operator shall be assigned to each reactor containing fuel and an additional non-licensed operator shall be assigned if either unit is operating in MODES 1, 2, 3, or 4.

With both units shutdown or defueled, a total of three non-licensed operators for the two units is required.

b.

Shift crew composition may be one less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.f 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.

c.

---

NOTE---------------------------------------------

A single Radiation Protection Technician and a single Chemistry Technician may fulfill the requirements for both units.

A Radiation Protection Technician and Chemistry Technician shall be on site when fuel is in the reactor. The positions 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 positions.

d.

Administrative procedures shall be developed and implemented to limit the working hours of personnel who perform safety related functions (e.g., licensed Senior Reactor Operators (SROs), licensed Reactor Operators (ROs), Radiation Protection Technicians, auxiliary operators, and key maintenance personnel).

The controls shall include guidelines on working hours that ensure adequate shift coverage shall be maintained without routine heavy use of overtime. Any deviation from the above guidelines shall be authorized in (continued)

Organization 5.2 5.2 Organization COMANCHE PEAK - UNITS 1 AND 2 5.0-4 Amendment No. 64 5.2.2 Unit Staff (continued) advance by the Plant Manager or the Plant Manager's designee, in accordance with approved administrative procedures, and with documentation of the basis for granting the deviation. Routine deviation from the working hour guidelines shall not be authorized. Controls shall be included in the procedures to require a periodic independent review be conducted to ensure that excessive hours have not been assigned.

e.

The Shift Operations Manager shall hold an SRO license.

f.

An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This shall be assigned to both units when either unit is in MODE 1, 2, 3, or 4. The STA position may be filled by the shift manager or an on-shift SRO providing the individuals meet the dual role qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.

, 134 d

e

ATTACHMENT 3 to TXX-09046 PROPOSED TECHNICAL SPECIFICATION CHANGE (RE-TYPED)

Pages 5.0-3 5.0-4

Organization 5.2 5.2 Organization (continued)

COMANCHE PEAK - UNITS 1 AND 2 5.0-3 Amendment No. 64 5.2.2 Unit Staff The unit staff organization shall include the following:

a.

A non-licensed operator shall be assigned to each reactor containing fuel and an additional non-licensed operator shall be assigned if either unit is operating in MODES 1, 2, 3, or 4.

With both units shutdown or defueled, a total of three non-licensed operators for the two units is required.

b.

Shift crew composition may be one less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.f 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.

c.

---

NOTE---------------------------------------------

A single Radiation Protection Technician and a single Chemistry Technician may fulfill the requirements for both units.

A Radiation Protection Technician and Chemistry Technician shall be on site when fuel is in the reactor. The positions 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 positions.

(continued)

Organization 5.2 5.2 Organization COMANCHE PEAK - UNITS 1 AND 2 5.0-4 Amendment No. 6 5.2.2 Unit Staff (continued)

d.

The Shift Operations Manager shall hold an SRO license.

e.

An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This shall be assigned to both units when either unit is in MODE 1, 2, 3, or 4. The STA position may be filled by the shift manager or an on-shift SRO providing the individuals meet the dual role qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.

4, 134,

ATTACHMENT 4 to TXX-09046 LIST OF REGULATORY COMMITMENTS to TXX-09046 Page 1 of 1 04/01/2009 This communication contains the following new or revised commitments which will be completed or incorporated into the CPNPP licensing basis as noted:

Number Commitment Due Date/Event 3696981 Removal of the plant-specific TS requirements will be performed concurrently with the implementation of the 10 CFR 26, Subpart I requirements.

This commitment will be completed no later than October 1, 2009.

The Commitment number is used by Luminant Power for the internal tracking of CPNPP commitments.