ML090920152

Issuance of Amendment 151 License Amendment Request No. 08-18 to Incorporate Technical Specification Task Force Travelers 479 and 497

ML090920152
Person / Time
Site:	Perry
Issue date:	05/01/2009
From:	Goodwin C Plant Licensing Branch III
To:	Bezilla M FirstEnergy Nuclear Generation Corp
Goodwin, Cameron/DORL, 415-3719
References
TAC ME0204
Download: ML090920152 (11)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 1, 2009 Mr. Mark B. Bezilla Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97,10 Center Road Perry,OH 44081-0097 SUB~IECT: PERRY NUCLEAR POWER PLANT, UNIT NO.1 - ISSUANCE OF AMENDMENT RE: LICENSE AMENDMENT REQUEST NO. 08-18 TO INCORPORATE TECHNICAL SPECIFICATION TASK FORCE TRAVELERS 479 AND 497 (TAC NO. ME0204)

Dear Mr. Bezilla:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 151 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit NO.1. This amendment revises the Technical Specifications in response to your application dated November 18, 2008 (Agencywide Documents Access and Management System Accession No. ML083390728).

This amendment modifies Technical Specification 5.5.6 to incorporate Technical Specification Task Force (TSTF) Travelers TSTF-479, "Changes to Reflect Revision of 10 CFR [Code of Federal Regulations] 50.55a," and TSTF-497, "Limit Inservice Testing Program SR [Surveillance Requirement] 3.0.2 Application to Frequencies of 2 Years or Less."

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

Sincerely,

&~L:L/~i.A~

Cameron S. Goodwin, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440

Enclosures:

1. Amendment No. 151 to NPF-58

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

OHIO EDISON COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 151 License No. NPF-58

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

A. The application for license filed by FirstEnergy Nuclear Operating Company, et aI., (the licensee, FENOC) dated November 18, 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 Facility Operating License No. NPF-58 is hereby amended to read as follows:

-2 (2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 151 are hereby incorporated into this license. FENOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of its date of its issuance and shall be implemented within 60 days of the date of issuance.

_ REGULATORY COMMISSION

'i) lJcriik Fa<

/

Russell Gibbs, Chief Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications and Facility Operating License Date of Issuance: ~1ay 1, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 151 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 Replace the following pages of the Facility Operating License and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove License NPF-58 License NPF-58 Page 4 Page 4 TSs TSs 5.0-10 5.0-10

-4 renewal. Such sale and leaseback transactions are subject to the representations and conditions set forth in the above mentioned application of January 23, 1987, as supplemented on March 3, 1987, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated March 16, 1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP Unit 1. For purposes of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit 1 remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.

(b) Further, the licensees are also required to notify the NRC in writing prior to any change in: (i) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP Unit 1; and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now and hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1 ) Maximum Power Level FENOC is authorized to operate the facility at reactor core power levels not in excess of 3758 megawatts thermal (100% power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 151, are hereby incorporated into the license. FENOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions

a. FirstEnergy Nuclear Generation Corp. and Ohio Edison Company Amendment No. 151

Programs and Manuals 5.5 5.5 Programs and Manuals (continued) 5.5.6 Inservice Testing Program This program provides controls for inservice testing of ASME Code Class 1, 2, and 3 components. The program shall include the following:

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

ASME OM Code and applicable Required frequencies Addenda terminology for for performing inservice inservice testing 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)

A program shall be established to implement the following required testing of Engineered Safety Feature (ESF) filter ventilation systems at the frequencies specified in Regulatory Guide 1.52.

Revision 2.

(continued)

PERRY - UNIT 1 5.0-10 Amendment No. 151

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 151 TO FACILITY OPERATING LICENSE NO. NPF-58 FIRSTEI\lERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

OHIO EDISON COMPANY PERRY NUCLEAR POWER PLANT. UNIT NO.1 DOCKET NO. 50-440

1.0 INTRODUCTION

By letter to the U.S. Nuclear Regulatory Commission (NRC, the Commission) dated November 18, 2008 (Agencywide Documents Access and Management System Accession No. ML083390728). FirstEnergy Nuclear Operating Company. et al. (the licensee) requested changes to the technical specifications (TSs) for the Perry Nuclear Power Plant (PNPP), Unit NO.1. The proposed TS amendment would change the inservice testing (1ST) requirements from the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel (BPV)

Code Section XI to ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) and applicable addenda. This change would eliminate the ASME Code inconsistency between the 1ST program and the TS as required by Title 10 of the Code of Federal Regulations (10 CFR) 50.55a(f)(5)(ii). Additionally, the amendment would extend the applicability of Surveillance Requirement (SR) 3.0.2 provisions to other normal and accelerated frequencies specified as 2 years or less in the 1ST program. TS Section 5.5.6, 1ST Program, and the associated TS Bases would be revised under this TS amendment.

2.0 REGULATORY EVALUATION

Section 50.55a(f)(5)(ii) of 10 CFR requires that, if a revised 1ST program for a facility conflicts with the TS for that facility. the licensee shall apply to the NRC for amendment of the TS to conform the TS 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).

In 1990. ASME published the initial edition of the ASME OM Code. which provides requirements for 1ST of pumps and valves. The ASME 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 BPV Code Section XI Subcommittee on Nuclear Inservice Inspection to the ASME OM Committee. ASME intended that the ASME OM Code replace

-2 ASME BPV Code Section XI rules for 1ST of pumps and valves. The ASME BPV Code Section XI requirements for 1ST of pumps and valves that had been incorporated by reference into NRC regulations were deleted from ASME BPV Code Section XI in the 2000 Addenda. The PNPP third 1O-year interval 1ST programs were developed to meet the requirements of the 2001 Edition through 2003 Addenda 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 5.5.6 reference to Section XI of the ASME BPV Code for 1ST requirements refers to a deleted portion of the Section XI ASME BPV Code. This amendment revises the TS references to the current ASIVIE OM Code requirements. The licensee stated that the third 1O-year 1ST interval for PNPP will begin on May 18, 2009.

Additionally, this amendment addresses Technical Specification Task Force (TSTF) travelers 479 and 497. NUREG-1434, "Standard Technical Specifications General Electric Plants, BWR/6", Revision 3.1, incorporated TSTF-479 in December 2005. This traveler addressed changes to Section 5.5.7, 1ST Program, in Revision 3.1 of the standard TS, to reflect the 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. The revised PNPP TS Section 5.5.6 contains identical wording to the NUREG-1434 standard TS Section 5.5.7. NUREG-1434 was again modified via TSTF-497 in October 2006. This traveler updates the standard TS Section 5.5.7.b to specify that the 25 percent extension applies only to 1ST frequencies of 2 years or less.

The NRC's findings with respect to authorizing the TS amendment are given below.

3.0 TECHNICAL EVALUATION

3.1 Specific Changes Requested The licensee has proposed the following changes to the PNPP TSs:

For TS Section 5.5.6, 1ST Program, the reference to Section XI of the ASME BPV Code for 1ST requirements would be replaced with "ASME OM Code" in TS Sections: 5.5.6.a and 5.5.6.d.

For TS Section 5.5.6, 1ST Program, Section 5.5.6.b would be revised to apply SR 3.0.2 to other normal and accelerated frequencies specified as 2 years or less in the 1ST Program.

The associated TS SR Bases Sections B 3.4.4, B 3.4.6, B 3.5.1, B 3.6.1.6, B 3.6.1.7, and B 3.6.2.3 would be revised to replace references to the ASME BPV Code Section XI with references to the ASME OM Code for consistency with the TS changes.

3.2 Basis for Changes TS 5.5.6, 1ST Program, establishes the SRs for 1ST of ASME Class 1, 2, and 3 components for Pt\lPP. TS Section 5.5.6 currently referencesSection XI of the ASME BPV Code as the source of requirements for the 1ST of ASME Code Class 1, 2, and 3 pumps and valves.

The regulations in 10 CFR 50.55a{f){4) established 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 ASIVIE OM Code incorporated by reference into 10 CFR 50.55a{b).

-3 The licensee states that the 1ST Program for the PNPP third inteNal was updated to comply with the appropriate revisions of the ASME OM Code and included the 2001 Edition through 2003 Addenda as the new Code of Record for performing 1ST at PNPP. As a consequence, the TS 5.5.6 reference to Section XI of the ASME BPV Code results in a reference to a deleted portion of the ASME BPV Code.

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 NRC 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 TS 5.5.6 and several TS bases reference ASME BPV Code Section XI for the 1ST requirements for pumps and valves, the TSs for PNPP require revision to change the 1ST code references from ASME BPV Code Section XI to the ASME OM Code. .

The TSTF recognized that 1ST programs may have frequencies for testing that are based on risk and do not conform to standard testing frequencies specified in the TS. TSTF-479 proposed a change to the standard TSs contained in NUREG-1434, Revision 3.0, to extend the applicability of SR 3.0.2 to "other normal and accelerated frequencies specified in the 1ST program." These changes were incorporated in NUREG-1434 Revision 3.1, dated December 2005. The NRC staff expressed concern that applying the 25 percent extension permitted by SR 3.0.2 to frequencies in excess of 2 years (such as 5 or 10 years as permitted by the ASME OM Code in certain cases) would be inappropriate and has requested a change to TSTF-479 to revise the provision for applying SR 3.0.2 to 1ST test frequencies. TSTF-497, approved in October 2006, updates the standard TS 5.5.7.b to allow the 25 percent extension only for sUNeillance inteNals of 2 years or less. The standard TS 5.5.7.b is identical in wording to revised PNPP TS 5.5.6.b.

Application of SR 3.0.2 to frequencies of 2 years or less is consistent with the NRC staff position contained in NUREG-1482, "Guidelines for InseNice Testing at Nuclear Power Plants."

3.3 Evaluation In 1990, the ASME published the initial edition of the ASME OM Code, which provides requirements for 1ST of pumps and valves. The ASME 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 rules for the 1ST of pumps and valves from the ASME BPV Code Section XI Subcommittee on Nuclear InseNice Inspection to the ASME OM Committee. The ASME intended the ASME OM Code to replace ASME BPV Code Section XI rules for 1ST of pumps and valves, and the ASME BPV Code Section XI rules for 1ST of pumps and valves that had been incorporated by reference into NRC regulations have been deleted from ASME BPV Code Section XI in the 2000 Addenda of the ASME BPV Code. The ASME generally publis:,es a new edition of the ASME OM Code every 3 years, and a new addendum every year. The PNPP third inteNal 1ST program was updated to comply with the 2001 Edition through 2003 Addenda of the ASME OM Code as required by 10 CFR 50.55a(f)(4)(ii).

As a consequence, the TS 5.5.6 reference to Section XI of the ASME BPV Code for 1ST requirements results in a reference to a deleted portion of the ASME BPV Code. The TS changes do not eliminate any tests and do not relinquish the licensee of its responsibility to seek

-4 relief from ASME Code test requirements when they are impractical. The changes will eliminate the ASME Code inconsistency between the 1ST program and the TS as required by 10 CFR 50.55a(f)(5)(ii). The proposed cl:lange of the ASME Code from "ASME Section XI" to "ASME OM Code" will maintain consistency with the Code requirements; therefore, the NRC staff finds these proposed changes to be acceptable. Additionally, the proposed changes are consistent with the comparable Section 5.5.7 of the standard TSs, contained in NUREG-1434, Revision 3.1.

The licensee's proposed change to TS 5.5.6.b applies SR 3.0.2 to the frequencies specified in TS 5.5.6.a and other normal and accelerated frequencies specified as 2 years or less in the 1ST program. This change recognizes that the 1ST prGgram may direct that additional tests be performed in accordance with the ASME OM Code that are not at the standard intervals listed in TS 5.5.6.a. This is consistent with the intent of th~ 25 percent extension as described in the Bases for SR 3.0.2, 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 SR 3.0.2 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 ASME Code provisions which provide the basis for the 1ST program and are consistent with guidance contained in NUREG-1482 regarding maximum allowable extensions of test intervals.

Therefore, the NRC staff finds this proposed change to be acceptable.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

This amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluent 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 this amendment involves no significant hazards consideration and there has been no public comment on such finding (74 FR 4772-4773). Accordingly, this amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

6.0 CONCLUSION

The NRC staff has concluded, based on the considerati~ms 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

-5 Commission's regulations, and (3) the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: Michael D. Orenak Date: May 1, 2009

May 1, 2009 Mr. Mark B. Bezilla Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97,10 Center Road Perry,OH 44081-0097 SUB~IECT: PERRY NUCLEAR POWER PLANT, UNIT NO.1 - ISSUANCE OF AMENDMENT RE: LICENSE AMENDMENT REQUEST NO. 08-18 TO INCORPORATE TECHNICAL SPECIFICATION TASK FORCE TRAVELERS 479 AND 497 (TAC NO. ME0204)

Dear Mr. Bezilla:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 151 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No.1. This amendment revises the Technical Specifications in response to your application dated November 18, 2008 (Agencywide Documents Access and Management System Accession No. ML083390728).

This amendment modifies Technical Specification 5.5.6 to incorporate Technical Specification Task Force (TSTF) Travelers TSTF-479, "Changes to Reflect Revision of 10 CFR [Code of Federal Regulations] 50.55a," and TSTF-497, "Limit Inservice Testing Program SR [Surveillance Requirement] 3.0.2 Application to Frequencies of 2 Years or Less."

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

Sincerely, IRA!

Cameron S. Goodwin, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440

Enclosures:

1. Amendment No. 151 to NPF-58

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

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DATE 4/23/09 4/23/09 04/16/09 02/09/09 04/22/09 511/09 OFFICIAL RECORD COpy