ML091900381

Issuance of Amendment Pertaining to Adoption of TSTF-511, Revision 0, Eliminate Working Hour Restrictions from Technical Specification 5.2.2 to Support Compliance with 10 CFR Part 26

ML091900381
Person / Time
Site:	Duane Arnold
Issue date:	09/18/2009
From:	Feintuch K Plant Licensing Branch III
To:	Costanzo C Nuclear Management Co
Feintuch K, NRR/DORL/LPL3-1, 415-3079
References
TAC ME0464
Download: ML091900381 (12)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 18, 2009 Mr. Christopher R. Costanzo Vice President Duane Arnold Energy Center 3277 DAEC Road Palo, IA 52324-9785

SUBJECT:

DUANE ARNOLD EI\\IERGY CENTER - ISSUANCE OF AMENDMENT PERTAINING TO ADOPTION OF TSTF-511, REVISON 0, "ELIMINATE WORKING HOUR RESTRICTIONS FROM TECHNICAL SPECIFICATION 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR PART 26" (TAC NO. ME0464)

Dear Mr. Costanzo:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 274 to Facility Operating License No. DPR-49 for the Duane Arnold Energy Center (DAEC, the licensee). This amendment consists of a change to the Technical Specifications (TS) in response to your application dated January 30, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML090570045), as supplemented by a letter dated July 30,2009 (ADAMS Accession No. ML092230394).

The letter dated January 30, 2009, was sent by the licensee under the company name FPL Energy Duane Arnold, LLC. Effective April 16, 2009, the legal name of the company became NextEra Energy Duane Arnold, LLC, according to a letter from FPL Energy dated March 24,2009 (ADAMS Accession No. ML090850432).

In a letter dated April 17, 2009 (ADAMS Accession No. ML091180401), the licensee requested a license amendment to change its name on the license to NextEra Energy Duane Arnold, LLC.

The application for an amendment requesting the name change has been assigned TAC No.

ME1171 and is in-process at this time. The letter dated July 30, 2009 was submitted by the licensee under the company name of NextEra Energy Duane Arnold, LLC.

The amendment deletes the Duane Arnold Energy Center (DAEC) TS Section 5.2.2.e regarding work hour controls.

Mr. C. Costanzo

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

Sincerely, Karl Feintuch, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-331

Enclosures:

1. Amendment No. 274to License No. DPR-49

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 FPL ENERGY DUANE ARNOLD, LLC DOCKET NO. 50-331 DUANE ARNOLD ENERGY CENTER AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 274 License No. DPR-49

1.

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

A.

The application for amendment by FPL Energy Duane Arnold, LLC dated January 30,2009, as supplemented by letter dated July 30,2009, 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. DPR-49 is hereby amended to read as follows:

- 2 (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 274, are hereby incorporated in the license. FPL Energy Duane Arnold, LLC, shall operate the facility in accordance with the Technical Specifications.

3.

This license amendment is effective as of its date of issuance and shall be implemented by October 1, 2009.

FOR THE NUCLEAR REGULATORY COMMISSION

-=m~~~

~

a*'

Thomas J. Wengert, Acting Chief Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License and Technical Specifications Date of Issuance:

September 18, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 274 FACILITY OPERATING LICENSE NO. DPR-49 DOCKET NO. 50-331 Replace the following page of Renewed Facility Operating License DPR-49 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.

REMOVE INSERT 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 a marginal line indicating the area of change.

REMOVE INSERT 5.0-3 5.0-3

- 3 2.8.(2) FPL Energy Duane Arnold, LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended as of June 1992 and as supplemented by letters dated March 26, 1993, and November 17, 2000.

2.8.(3) FPL Energy Duane Arnold, LLC, 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; 2.8.(4) FPL Energy Duane Arnold, LLC, 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 calibration or associated radioactive apparatus components; 2.8.(5) FPL Energy Duane Arnold, LLC, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not to separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C.

This license shall be deemed to contain and is supject 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 subject to the additional conditions specified or incorporated below:

Maximum Power Level 2.C.(1) FPL Energy Duane Arnold, LLC is authorized to operate the Duane Arnold Energy Center at steady state reactor core power levels not in excess of 1912 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 274, are hereby incorporated in the license. FPL Energy Duane Arnold, LLC shall operate the facility in accordance with the Technical Specifications.

Amendment No. 274

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.

Shiftcrew 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. 274

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 274 TO FACILITY OPERATING LICENSE NO. DPR-49 FPL ENERGY DUANE ARNOLD. LLC DUANE ARNOLD ENERGY CENTER DOCKET NO. 50-331

1.0 INTRODUCTION

By application dated January 30, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML090570045), FPL Energy Duane Arnold, LLC, (the licensee) requested changes to the Technical Specifications (TS) for the Duane Arnold Energy Center (DAEC). The proposed changes would delete paragraph e of TS 5.2.2, "Unit Staff."

The licensee stated that the application is consistent with U.S. Nuclear Regulatory Commission (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 [Title 10 of the Code of Federal Regulations] 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 (CLlIP).

In a supplemental letter dated July 30,2009, (ADAMS Accession No. ML092230394), the licensee withdrew its request for the correction of a typographical error unrelated to its adoption of TSTF-511. The request and its withdrawal are discussed in Section 3.1 of this Safety Evaluation.

2.0 REGULATORY EVALUATION

The history of NRC regulations pertaining to prevention of worker impairment is summarized in the Federal Register notice containing the final rule that amended 10 CFR Part 26 (73 FR 16966, March 31, 2008). Title 10 CFR Part 26, Subpart I provides the regulatory requirements for managing worker fatigue at nuclear power plants.

The NRC's regulatory requirements related to the content of the TS are contained in 10 CFR Part 50.36. Section 50.36 of 10 CFR requires that the TS include items in the following categories: (1) safety limits, limiting safety systems settings, and limiting control settings; (2) limiting conditions for operation; (3) Surveillance Requirements; (4) design features; and (5) administrative controls. The administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner.

- 2 The NRC's guidance for the format and content of licensee TSs can be found in NUREG-1430, Revision 3.0, "Standard Technical Specifications Babcock and Wilcox Plants," NUREG-1431, Revision 3.0, "Standard Technical Specifications Westinghouse Plants," NUREG-1432, Revision 3.0, "Standard Technical Specifications Combustion Engineering Plants," NUREG 1433, Revision 3.0, "Standard Technical Specifications General Electric Plants, BWRl4," and NUREG-1434, Revision 3.0, "Standard Technical Specifications General Electric Plants, BWRl6," referred to as Standard Technical Specifications (STS). Section 5 of STS contains administrative controls. Paragraph d of Section 5.2.2 of STS contains requirements for administrative procedures to limit the working hours of personnel who perform safety-related functions. This paragraph represents NRC's guidance on how licensee TS requirements should address work hour controls. Licensees adhere to the guidance to varying degrees due to minor administrative differences and differences in each licensee's current licensing basis. The inconsistent level of adherence to NRC guidance has [led] to inconsistent TS interpretation and implementation. This has also made it difficult for NRC to enforce the requirements.

The new requirements of 10 CFR Part 26, Subpart I, supersede the guidance for requirements found in Paragraph d of Section 5.2.2 of all STS (paragraph e of Section 5.2.2 of TS for DAEC).

Subpart I distinguishes between work hour controls and fatigue management and strengthens the requirements for both. Subpart I requires nuclear power plant licensees to ensure against worker fatigue adversely affecting public health and safety and the common defense and security by establishing clear and enforceable requirements for the management of worker fatigue. Licensees are required to implement Subpart I by October 1, 2009, as announced in the Final rule that revised 10 CFR Part 26 (73 FR 16966, March 31, 2008). TSTF-511 proposed a change to STS that would delete paragraph d of STS 5.2.2. This change was approved in Federal Register notice on December 30, 2008 (73 FR 79923).

2.1 Adoption of TSTF-511! Revision 0, by DAEC Proper adoption of TSTF-511 and implementation of 10 CFR Part 26, Subpart I, by DAEC, will provide reasonable assurance that DAEC will maintain limits on the working hours of personnel who perform safety-related functions. DAEC has committed to remove the plant-specific TS requirements concurrently with the implementation of the 10 CFR Part 26, Subpart I requirements.

3.0 TECHNICAL EVALUATION

Controls on work hours for personnel at nuclear power plants are necessary to prevent worker fatigue from adversely affecting public health and safety and the common defense and security.

Work hour controls for DAEC are currently located in paragraph e of TS 5.2.2. When implemented, the regulatory requirements of 10 CFR 26, Subpart I, replace the plant-specific TS requirements found in paragraph e of DAEC TS.

The licensee proposed deleting paragraph e of TS 5.2.2. The licensee committed to implement the new requirements of 10 CFR Part 26, Subpart I, concurrently with the deletion of the TS requirements on work hour controls. The NRC staff finds that reasonable controls for the implementation and for subsequent evaluation of proposed changes pertaining to the above regulatory commitment(s) are best provided by the licensee's administrative processes,

- 3 including its commitment management program (see Regulatory Issue Summary 2000-017,

("Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC "). The above regulatory commitments do not warrant the creation of regulatory requirements (items requiring prior NRC approval of subsequent changes).

The NRC staff evaluated the licensee's proposed change against the applicable regulatory requirements listed in Section 2. The NRC staff also compared the proposed change to the change made to STS by TSTF-511. The NRC staff considered the licensee's commitment to implement 10 CFR Part 26, Subpart I, concurrently with the deletion of TS work hour control requirements in its evaluation of the proposed change. Given the licensee's commitment, there is reasonable assurance that the licensee will comply with the regulations for work hour controls, either thro~gh TS requirements or through the requirements of 10 CFR Part 26, Subpart I, at all times at DAEC. Therefore, the licensee will continue to prevent worker fatigue from adversely affecting public health and safety and the common defense and security.

Therefore, the NRC staff finds the proposed change acceptable.

3.1 Requested correction of a typographical error in TS 5.2.2.d In its application letter, the licensee identified a typographical error to be corrected in TS 5.2.2.d on TS page 5.0-3. The correction would have deleted the letter "d" in the word "provided" such that the affected phrase starting in the third line of TS 5.2.2.d would have become"... in order to provide for unexpected absence... " The requested correction was not related to the requested licensing action. The correction would not have changed the meaning of the phrase as it is intended to be understood.

In a letter dated July 30,2009, (ADAMS Accession No. IVIL092230394), the licensee withdrew its request for correction of the typographical error, noting that the docketed version of the current License and TSs does not contain this typographical error in TS 5.2.2.d. The current phrase in the docketed version is "... in order to provide for unexpected absence... "

Therefore, the NRC staff acknowledges the withdrawal of the requested correction. The text of TS 5.2.2.d will remain unchanged.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

S The 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.

- 4

6.0 CONCLUSION

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

7.0 REFERENCES

1. DAEC Licensee Amendment Request to adopt TSTF-511, January 30,2009 (ADAMS Accession No. ML090570045).

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

3. TSTF-511 Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26."

Principal Contributor: Aron Lewin, NRR Date: September 18, 2009

Mr. C. Costanzo

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

Sincerely, IRA!

Karl Feintuch, Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-331

Enclosures:

1. Amendment No. 274 to License No. DPR-49

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

PUBLIC LPL3-1 r/f RidsAcrsAcnw_MailCTR Resource RidsNrrDirsltsb Resource RidsNrrPMDuaneArnold Resource RidsNrrDorlDpr Resource RidsNrrLATHarris Resource RidsRgn3MailCenter Resource A. Lewin, NRR RidsNrrDorlLpl3-1 Resource RidsOgcRp Resource ADAMS ACCESSION NO.. ML091900381

• tt db

• SE t ransml e lV memo OFFICE NRRlLPL3-11 PM NRRlLPL3-11 LA NRRlDEIITSB/BC OGC/NLO wI comments NRRlLPL3-11 (A)BC NAME KFeintuch THarris RElliott*

MSmith TWengert DATE 09/16/09 09/18/09 04/07109 09/03/09 09/18/09 OFFICIAL RECORD COPY