ML092400311

Issuance of Amendments Regarding Proposed Implementation of TSTF-511, Revision 0, Eliminate Working Hour Restrictions from Ts. 5.2.2 to Support Compliance with 10 CFR Part 26. Catawba Units 1& 2, McGuire, Units 1 & 2, Oconee, Units 1, 2, &

ML092400311
Person / Time
Site:	Oconee, Mcguire, Catawba, McGuire
Issue date:	09/21/2009
From:	Stang J Plant Licensing Branch II
To:	Rosalyn Jones Duke Energy Carolinas
Stang J, NRR/DORL, 415-1345
References
TAC ME0951, TAC ME0952, TAC ME0953, TAC ME0954, TAC ME0955, TAC ME0956, TAC ME0957
Download: ML092400311 (37)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 21,2009 Mr. Ronald A. Jones Senior Vice President Nuclear Operations Duke Energy Carolinas, LLC P.O. Box 1006 - EC03XM 526 South Church St.

Charlotte, NC 28201-1006

SUBJECT:

ISSUANCE OF AMENDMENTS REGARDING PROPOSED IMPLEMENTATION OF TSTF-511, REVISION 0, "ELIMINATE WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR PART 26."

CATAWBA NUCLEAR STATION, UNITS 1 AND 2; MCGUIRE NUCLEAR STATION, UNITS 1 AND 2; OCONEE NUCLEAR STATION, UNITS 1,2, AND 3 (TAC NOS. ME0951, ME0952, ME9053, ME0954, ME0955, ME0956 AND, ME0957)

Dear Mr. Jones:

By letter dated February 27,2009, Duke Energy Carolinas, LLC, (the licensee) requested approval of amendments that would delete those portions of the Technical Specifications (TSs) superseded by the Code of Federal Regulations, Part 26, Subpart I. The proposed changes are consistent with Nuclear Regulatory Commission (NRC)-approved Revision 0 to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 10 CFR Part 26." The NRC staff has reviewed the proposed changes and found them acceptable.

Accordingly, the Commission has issued the enclosed Amendment No. 251 to Renewed Facility Operating License NPF-35, Amendment No. 246 to Renewed Facility Operating License NPF-52, Amendment No. 253 to Renewed Facility Operating License NPF- 9, Amendment No. 233 to Renewed Facility Operating License NPF-17, Amendment No. 365 to Renewed Facility Operating License DPR-38, Amendment No. 367 to Renewed Facility Operating License DPR-47, and Amendment No. 366 to Renewed Facility Operating License DPR-55, for the Catawba Nuclear Station, Units 1 and 2, McGuire Nuclear Station, Units 1 and 2, Oconee Nuclear Station Units 1, 2, and 3, respectively.

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

Sincerely,

~n~roject Plant Licensing Branch 11-1 Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413,50-414,50-369,50-370, 50-269, 50-270, and 50-287

Enclosures:

1. Amendment No. 251 to NPF-35

2. Amendment No. 246 to NPF-52

3. Amendment No. 253 to NPF-9

4. Amendment No. 233 to NPF-17

5. Amendment No. 365 to DPR-38

6. Amendment No. 367 to DPR-47

7. Amendment No. 366 to DPR-55

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY CAROLINAS, LLC NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION DOCKET NO. 50-413 CATAWBA NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 251 Renewed License No. NPF-35

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

A. The application for amendment to the Catawba Nuclear Station, Unit 1 (the facility) Renewed Facility Operating License No. NPF-35 filed by the Duke Energy Carolinas, LLC, acting for itself, and North Carolina Electric Membership Corporation (licensees), dated February 27, 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 as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-35 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 251 , which are attached hereto, are hereby incorporated into this license. Duke Energy Carolinas, 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to License No. NPF-35 and the Technical Specifications Date of Issuance: September 21, 2009

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY CAROLINAS, LLC NORTH CAROLINA MUNICIPAL POWER AGENCY NO.1 PIEDMONT MUNICIPAL POWER AGENCY DOCKET NO. 50-414 CATAWBA NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 246 Renewed License No. NPF-52

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

A. The application for amendment to the Catawba Nuclear Station, Unit 2 (the facility) Renewed Facility Operating License No. NPF-52 filed by the Duke Energy Carolinas, LLC, acting for itself, North Carolina Municipal Power Agency NO.1 and Piedmont Municipal Power Agency (licensees), dated February 27, 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 as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-52 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 246 , which are attached hereto, are hereby incorporated into this license. Duke Energy Carolinas, 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to License No. NPF-52 and the Technical Specifications Date of Issuance: September 21, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 251 RENEWED FACILITY OPERATING LICENSE NO. NPF-35 DOCKET NO. 50-413 AND LICENSE AMENDMENT NO. 246 RENEWED FACILITY OPERATING LICENSE NO. NPF-52 DOCKET NO. 50-414 Replace the following pages of the Renewed Facility Operating Licenses and the Appendix A Technical Spedfications (TSs) with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages License License NPF-35, page 4 NPF-35, page 4 NPF-52, page 4 NPF-52, page 4 TSs TSs 5.2-2 5.2-2 5.2-3

-4 (2) Ted!ni~1 SDec~tion5. '

,:r~,TBchnical:SP.edfir.atbns coriiain~ in Appendix A, 8S r~vised thtough

~endment ,No.2 51 which a~attaehe(fhereto. are hereby Incorpof1lted Inlo 'I this renewed operallrlg ,license. Duke Energy C.oli!"'as, LlC 8~I ope~te'the

.facility If' ~ordance with the Technical Spedfications.

(3)' Updated Final Safety AnalySiS, Report

,The Updated Final Safety AnaIY$is Report supplement submitted puniuant to 10 CfR 54.21(d}, ai revised ~n December 18. 2002,* describes ~ln future actlvtties to be compleled before the per10d of extendea opei'aUon'. Duke shllll

. complete theM ilctlvitles no later than February 24. 2026. and shall notify the NRC In writing When Implementation of these activities 'Is complete and ~n be verified bt NRC insptJetlon. '

The Updated Final Safety Analysls'Report supplement as reviSed'on December 18, 2002, d~ above, shaH be Included In ttid'neXt scheduled' update to the Updated Final safety AnalySis ReP9rt required" by 10 CFR 50.71(6)(4). following issuance'of this renewed openitlng 1iCfmSe, Until thBl update Is complet" Duke maym~ke changes to the ptOgr8ms descrlbed In such supplem.,nt without prior Commission approval, provi~ed that Duke evaluateS each such chillf1ge' pursuant to the criteria set forth In 10 CFR 50.59 and otherwise comphs with the requirements in that section.

(4) AotlS[;Yst CQnditiOns Duke ~nergy Caroflnas, LLC sl:lall comply with the antlINst conditions deUneated in Appendix C to this renewed operating license.

(5) Fire,Protection PrOgram (Section 9.5.', SER, SSER#2, SSER #3, SSER #4, SSER #5)

D.uke Energy Carolinas, LLC shaH implement and maln,1ain In enect all provisions

, of t~ approved firs protection progran:tas ~8Cribed In the Ul)dlited Anal Safety Analysis RepOrt, as amended; for the f~1y and 'as approved in the SER through SUpplement 5. subject to Ihe followtng provision: '

The IicensetJ may make changes to the appreved fire p~tectlOn program without prior approval of the Commission only If those changes would not aclversely affect the ability to achieve and maintain safe shutdown In the event of a fire.

• The parenthetical netation following the tltl8 of this renewed operating license condition denotes the section of the safety Evaluation Report and/or its supplements wherein'this renewed license condition Is discussed.

Renewed LIcense No. NPF-35 Amendment No. 251

-4 (2) Techni~1 SpeclflCations .

-The Technical' s~ifications coritilined ir) App~ndl)( A~ 8S ~vlsed through ..

~mend~nt .No. 246 whlc;h are:Btteched-hereto, are hereby incorpo,.ted InlO - I.

thi~ renewed openiltr'ig I~e. DUke Efl8r9Y C.,.olinas, LlC sh~N operate the

fa~i1hy I", accordance with the Tec:mical ~pecifiC8tions.* . : . . . - .

.(3)* Update~ Final saf~ty.An8IySl~:R8POrf .

..The Updated Final Safety Analysis RepOrt supplement lubmiUad purSuant to 10 CfR ~.2'(d). as revised ~ December 16, 2002.. desc.r1bes cef1liln future actiYItle8 to be completed before_the period ~ extended .opei'atlon". Duke shall

. complete these aC1i.viUes nC1 ra_ than February 24. 2026, and shall notify the NRC In writing when Implementation of these aellvlUes Is complete and c.. be

-ve~1ed by NRC inspe,ctlQn. '

The Upcfated ,Findl S~fety Analyils',RePort supple~nt as revl$edon "

December 16, 2002, described above, shall be InclUded In the next scheduled*

update to the Updated' Final Safety Analysis Rep9rt requi'ed by '0 CFR 5Q.71(e)(4), followingl$$uance'of tllis renewed operating liC8nse~ .Until that update Is complete, Du~e may ~ke Changes to the progrilms described. !n 'Such supplement without prior Comm!sslon approval, prOVided that DUka evaluates each such change' pursuant to the criter1a set forth In 10 CFR 50.59 and otherwise camplie" with tbe requirements in that section.

(4) antitrust Conditions Duke ~nergy Carolinas, llC sl)all comply with the anlKrust conditions deUneatect in Appendix C to this renewed operating license.

(~) Fire Protection Program (~ectio~ 9;5.1, SER, SSER#2, SSER #3, SSER #4,

• S~ER #5)

Duke Energy Caroltn8s, llC shall ImPlement and mai",Bin in effect all pr~vislons of the approved fire protection progr8f1) 'as d~scribed In fhe Updlited Final.Safety AnalysIS ~epOrt, a~- amended; for the faCility' and -as approved In the SER through Supplement 5, subject tOlhefol~wIngprovision: ,- .

. Tne lIcens~' may make chariges to th'e approved flflll pr:otection Plagram without prior approval of the Commission Dnly If those changeS would not adversely affect the ability to achieve and maintain safe shutdown In the event of a fire.

• The parenthetical notation following the tltte of this renewed operating license conditiOn denotes the sectloh of the 58fety Evaluation Report endfor Its supplements wherein' Ihis renewed "Cerise condition is discussed.

Renewed L1ce~ No. NPF*52 Amendment No, 246

Organization 5.2 5.2 Organization 5.2.2 Unit Staff (continued)

b. At least one licensed Reactor Operator (RO) shall be present 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 (SRO) shall be present in the control room.

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 Radiation Protection Technician 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. Deleted.

f. The Operations Superintendent shall hold or have held a SRO license.

The Shift Operations Manager, Shift Supervisor, and Assistant Shift Supervisor shall hold an SRO license. The Reactor Operator shall hold a Reactor Operator License.

g. The Shift Work Manager, whose functions include those of a Shift Technical Advisor (STA), shall provide advisory technical support to the Shift Supervisor in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. In addition, the Shift Work Manager shall meet the qualifications for STA specified by the Commission Policy Statement on Engineering Expertise on Shift.

Catawba Units 1 and 2 5.2-2 Amendment Nos. 251, 246

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE POWER COMPANY LLC DOCKET NO. 50-369 MCGUIRE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 253 Renewed License No. NPF-9

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

A. The application for amendment to the McGuire l\Iuclear Station, Unit 1 (the facility), Renewed Facility Operating License No. NPF-9, filed by the Duke Power Company LLC (licensee), dated February 27,2009, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 2.C.(2) of Renewed Facility Operating License l'Jo. NPF-9 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 253 , are hereby incorporated into this license. The licensee 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

~~

Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. NPF-9 Date of Issuance: September 21, 2009

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE POWER COMPANY LLC DOCKET NO. 50-370 MCGUIRE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 233 Renewed License No. NPF-17

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

A. The application for amendment to the McGuire Nuclear Station, Unit 2 (the facility), Renewed Facility Operating License No. NPF-17, filed by the Duke Power Company LLC (the licensee), dated February 27, 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 as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-17 is hereby amended to read as follows: .

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 233 , are hereby incorporated into this license. The licensee 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Attachment Changes to Renewed Facility Operating License No. NPF-17 Date of Issuance: September 21, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 253 RENEWED FACILITY OPERATING LICENSE NO. NPF-9 DOCKET NO. 50-369 AND LICENSE AMENDMENT NO. 233 RENEWED FACILITY OPERATING LICENSE NO. NPF-17 DOCKET NO. 50-370 Replace the following pages of the Renewed Facility Operating Licenses and the Appendix A Technical Specifications (TSs) with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages License License NPF-9, page 3 NPF-9, page 3 NPF-17, page 3 NPF-17, page 3 TSs TSs 5.2-2 5.2-2 5.2-3

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'(4) Pursuant to the Act and 10 CFR Parts 30,40 and 70', to receive.. possess.

and use In amounts as requlrvd any byproduct, source or special nuclear materia' without restriction to chemk:al or physlc8l form, for: sample lnalysls or instrument calibration or associated with rBdloacttve apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30,40 and 70. to possess, but not separate, such byproclucls and special nuclear rreteriels as may be produced by the operatton of McGuIre Nuclear Sta~n, Units l' and 2', and; (6) Pursuant to the Act and 10 CFR Parts 30 and 40. to receive, possess and process for release or transfer such byproduct matertal as may be produced by the Duke Training and Technology Center, C. This renewed operating license shall be deemed* to contain and is subject to* the ,

condlUons specified In the Comml5slon's regulations set forth In 10 CFR Chapter

, and is subject to all applicable provisions of the Act and to the rvles, regulaUons, and orders of the Commission now Of hereafter In effect; and Is subject to the addiUonai conditions specified or incorporated below:

(1) Maximum Power Level The "censee Is authorized to operate the facility at a reaetor core full steady state power level of 3411 megawatts thermal (100%).

(2) TechnlaJl Specifications The Technical SDeclflC8t1ons contained in Appendix 'A, as revised through Amendment No. 253" are hereby Incorporated into this renewed operating license, Tne licensee shall operate the facility In accordance with the Technical Specifications.

(3) Updated Final Safety Analysis Report

• The Updated Final Safety Analysis Report supplement submitted pursuant to 10 CFR S4.21(d), n ",vised on ~mber 16, 2002, doacrlbes cenaln future activitie5 to be completed before the period of extended op8nl1tion.

Duke shall complete these actlvlt~ no later than June 12, 2021. and shall notify the NRC In writing when Implementation of these activities Is complete and can be verified by NRC inspection, The Updated Final Safety Analysis 'Report supplement as reviled on December 16.2002, described above. shall be included In the next scheduled update to the Updated Final Safety Analysis Report required by 10 CFR 50.71(eX4), following Issuance of ttlis renewed operating license.

Until that update is complete, Duke may make changes to the programs described in such supplement without prior Commission approval, provided that Duke evaluates each such change pursuant to the criteria set forth In 10 eFR 5059 and othcrwi3o compl~ with the rcoulrcmonlB In thot section.

Renewed License No. NPF-9 Amendment No. 253

(4) Pursuant to the Act and 1,0 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 semple 8n81)'11s or Instrument caHbl"Btion or aSSQClated with radioactive apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess~ but riot separate, such byprvducts and' special nuclear matertals as may be produced' by the operation of McGuire Nuclear Station, Units , and 2; and, (6) Pursuant to the Act and 10 CFR'Parts 30 and 40, to receive, possess and process for release or transfer such byproduct material as mey be produced by the Duke Training and Technology Center.

C. This renewed operating license shall be deemed to contain and Is subject to the conditions specified In the Commission's regUlations set for1h in 10 CFR Chapter I and Is subject to all applicable provisions of the Act and to the rule" regulations, and orders of the Commission now or hereafter In effect; and is subject to the additional conditions specified or Incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at a reactor core full steady state power level of 3411 megawatts thermal (100%).

(2) Technical SP!'Ciflcations

. The Technical SDRdfir.atlons contained in Appendix A, as revised through Amendment No. 233, ~re hereby Incorporated Into this renewed operating license. ;The licensee shall operate the facilty In accordance with the Technical SpeciflC8tlons.

(3) Updated Final Safety Ana",!!s Report The Updated Final Safety,Anatysls Report supplement submitted pursuBnt to 10 CFR 54.21(d), 8S revised on December 16,2002, describes certain future actMtles to be completed before the period of extended oporetion.

Duke shall complete these activities no later than March 3,2023, and shall notify the NRC In wrltine when implementation of these activitIes is complete and can be verifted l7y NRC Inspection.

The Updated Final Safety Analysis Report supplement a, reVised on December 16, 2002, described above. shall be Included In the neX1 schedUled update to the Updated Final Safety Analysis Report rvqulred by 10 CFR 50.71 (eX4), following Issuance of this renewed operating license.

Until thet update Is complete, Duke may make changes to the programs described In suCh supplement without prior CommissiOn approval. provided that Duke evaluates each such change pursuant to the criteria set forth in 10 CFR ~O,59, and otherwise Complies with the requirements in that section.

Rer'lewed License No. NPF*17 Amendment No. 233

Organization 5.2 5.2 Organization (continued) 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 for each control room from which a reactor is operating in MODES 1, 2, 3, or 4.

A total of three non-licensed operators are required for the two units.

b. At least one licensed Reactor Operator (RO) shall be present 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 (SRO) shall be present in the control room.

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 Radiation Protection Technician 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. Deleted.

f. The Operations Manager shall hold or have held an SRO license.

g. The Shift Technical Advisor (STA) shall provide advisory technical support to the Control Room Senior Reactor Operator (CRSRO) in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit.

McGuire Units 1 and 2 5.2-2 Amendment Nos. 253, 233

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE POWER COMPANY LLC DOCKET NO. 50-269 OCONEE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 365 Renewed License No. DPR-38

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

A. The application for amendment to the Oconee Nuclear Station, Unit 1 (the facility), Renewed Facility Operating License No. DPR-38 filed by the Duke Power Company LLC (the licensee), dated February 27,2009, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 3.B of Renewed Facility Operating License No. DPR-38 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 365 , are hereby incorporated in the license. The licensee 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-38 Date of Issuance: September 21, 2009

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE POWER COMPANY LLC DOCKET NO. 50-270 OCONEE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 367 Renewed License No. DPR-47

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

A. The application for amendment to the Oconee Nuclear Station, Unit 2 (the facility), Renewed Facility Operating License No. DPR-47 filed by the Duke Power Company LLC (the licensee), dated February 27,2009, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 3.B of Renewed Facility Operating License No. DPR-47 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 367 , are hereby incorporated in the license. The licensee 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION CrC~

Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-47 Date of Issuance: September 21, 2009

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE POWER COMPANY LLC DOCKET NO. 50-287 OCONEE NUCLEAR STATION, UNIT 3 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 366 Renewed License No. DPR-55

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

A. The application for amendment to the Oconee Nuclear Station, Unit 3 (the facility), Renewed Facility Operating License No. DPR-55 filed by the Duke Power Company LLC (the licensee), dated February 27,2009, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as 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 set forth in 10 CFR Chapter I; 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.

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2. Accordingly, the license is hereby amended by page changes to the Technical Specifications as indicated in the attachment to this license amendment, and Paragraph 3.B of Renewed Facility Operating License No. DPR-55 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 366 , are hereby incorporated in the license. The licensee 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 within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

~~

Jon Thompson, Acting Chief Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-55 Date of Issuance: September 21, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 365 RENEWED FACILITY OPERATING LICENSE NO. DPR-38 DOCKET NO. 50-269 AND TO LICENSE AMENDMENT NO. 367 RENEWED FACILITY OPERATING LICENSE NO. DPR-47 DOCKET NO. 50-270 AND TO LICENSE AMENDMENT NO. 366 RENEWED FACILITY OPERATING LICENSE NO. DPR-55 DOCKET NO. 50-287 Replace the following pages of the Licenses and the Appendix A Technical Specifications (TSs) with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages Licenses Licenses License No. DPR-38, page 3 License l'Jo. DPR-38, page 3 License No. DPR-47, page 3 License No. DPR-47, page 3 License No. DPR-55, page 3 License No. DPR-55, page 3 TSs TSs 5.0-3 5.0-3

-3 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:

A. Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2568 megawatts thermal.

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 365,. are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical' Specifications.

C. This license is subject to the following antitrust conditions:

Applicant makes the commitments contained herein, recognizing that bulk power supply arrangements between neighboring entities normally tend to serve the public interest. In addition, where there are net benefits to all participants, such arrangements also serve the best interests of each of the participants. Among the benefits of such transactions are increased electric system reliability, a reduction in the cost of electric power, and minimization of the environmental effects of the production and sale of electricity.

Any particular bulk power supply transaction may afford greater benefits to one participant than.to another. The benefits realized by a small system may be proportionately greater than those realized by a larger system. The relative benefits to be derived by the parties from a proposed transaction, however, should not be controlling upon a decision with respect to the desirability of participating in the transaction. Accordingly, applicant will enter into proposed bulk power transactions of th~ types hereinafter described which, on balance, provide net benefits to applicant. There are net benefits in a transaction if applicant recovers the cost of the transaction (as defined in ~1 (d) hereof) and there is no demonstrable net detriment to applicant arising from that transaction.

1. As used herein:

(a) "Bulk Power" means electric power and any attendant energy, supplied or made available at transmission or sub-transmission voltage by one electric system to another.

(b) "Neighboring Entity" means a private or public corporation. a governmental agency or authority, a municipality. a cooperative, or a lawful association of any of the foregoing owning or operating, or Renewed License No. DPR*38 Amendment No. 365

-3 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 additiona'I conditions specified or incorporated below:

A. Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2568 megawatts thermal.

B. Technical Specifications The Tp~hnicaJ Specifications contained in Appendix A, as revised through Amendment No. 367, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

C. This license is SUbject to the following antitrust conditions:

Applicant makes the commitments contained herein;, recogniZing that bulk power supply arrangements between neighboring entities normally tend to serve the public interest. In addition, where there are net benefits to all participants, such. arrangements also serve the best interests of each of the participants. Among the benefits of such transactions are increased electric system reliability, a reduction in the cost of electric power, and minimization of the environmental effects of the production and sale of; electricity.

Any particular bulk power supply transaction may afford greater benefits to one participant than to another, The benefits realized by a small'system may be proportionately greater than those realized by a larger system. The relative benefits to be derived by the parties from a proposed transaction, however, should not be controlling upon a decision with respect to the desirability of participating in the transaction. Accordingly, applicant will enter into proposed bulk power transactions of the types hereinafter described which, on balance, provide net benefits to applicant.

There are net benefits in a transaction if applicant recovers the cost of the transaction (as defined in "1 (d) hereof) and there is no demonstrable net detriment. to applicant arising from that transaction.

1. As used herein:

(a) "Bulk Power" means electric power and any attendant energy, supplied or made available at transmission or sub-transmission voltage by one electric system to another.

(b) "Neighboring Entity" means a private or public corporation, a governmental agency or authority, a municipality, a cooperative, or a lawful association of any of the foregoing owning or operating. or Renewed License No. DPR-47 Amendment No. 367

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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:

A. Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2568 megawatts thermal.

B. Technical" Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 366

• are hereby incorporated in the license. The licensee shall operate* the facility in accordance with the Technical Specifications.

C. This license is subject to the following antitrust conditions:

Applicant makes the commitments contained herein, re~gnizjng that bulk power

. supply arrangements between neighboring entities normally tend to serve the public interest. In addition, where there are net benefits to all participants, such arrangements also serve the best interests of each of the participants. Among the benefits of such transactions are increased electric system reliability, a reduction in the cost of electric power, and minimization of the environmental effects of the production and sale of electricity.

Any particular bulk power supply transaction may afford greater benefits to one participant than to another. The benefits realized by a small system may be proportionately greater than those realized by a larger system. The relative benefits to be derived by the parties from a proposed transaction, however, should not be controlling upon a decision with respect to the desirability of participating in the transaction. Accordingly, applicant will enter into proposed bulk power transactions of the types hereinafter described which, on balance, provide net benefits to.

applicant. There are net benefits in a transaction if applicant recovers the cost of the transaction (as defined in ~11 (d) hereof) and there is no demonstrable net detriment to applicant arising from that transaction.

1. As used herein:

(a) "Bulk Power" means electric power and any attendant energy, supplied or made available at transmission or sub-transmission voltage by one electric system to another.

(b) "Neighboring Entity" means a private or public corporation, a governmental agency or authority, a municipality, a cooperative, or a lawful association of any of the foregoing owning or operating. or Renewed License No. OPR-55 Amendment No. 366

Organization 5.2 5.2 Organization 5.2.2 Station Staff (continued)

b. At least one licensed Reactor Operator (RO) per unit shall be present 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 (SRO) shall be present in the control room.

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 Radiation Protection Technician 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. Deleted.

f. The Operations Superintendent or Shift Operations Manager shall hold an SRO license.

g. The Shift Work Manager, whose functions include those of a Shift Technical Advisor (STA), shall provide advisory technical support to the Shift Supervisor (SS) in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. In addition, the Shift Work Manager shall meet the qualifications for STA specified by the Commission Policy Statement on Engineering Expertise on Shift.

OCONEE UNITS 1, 2, & 3 5.0-3 Amendment Nos. 365, 367, and 366

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REGARDING IMPLEMENTATION OF TSTF-511, REVISION 0, "ELIMINATE WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR PART 26" CATAWBA NUCLEAR STATION, UNITS 1 AND 2 DOCKET NOS. 50-413 AND 50-414 AMENDMENT NO. 251 TO RENEWED FACILITY OPERATING LICENSE NPF-35 AMENDMENT NO. 246 TO RENEWED FACILITY OPERATING LICENSE NPF-52 MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 DOCKET NOS. 50-369 AND 50-370 AMENDMENT NO. 253 TO RENEWED FACILITY OPERATING LICENSE NPF-9 AMENDMENT NO. 233 TO RENEWED FACILITY OPERATING LICENSE NPF-17 OCONEE NUCLEAR STATION, UNITS 1,2, AND 3 DOCKET NOS. 50-269, 50-270, AND 50-287 AMENDMENT NO. 365 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-38 AMENDMENT NO. 367 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-47 AMENDMENT NO. 366 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-55

1.0 INTRODUCTION

By application dated February 27,2009 (Agencywide Documents Access and Management System (ADAMS)) Accession No. ML091120200, Duke Energy Carolinas, LLC (the licensee),

requested changes to the Technical Specifications (TSs) for the licensee's nuclear plants listed in Table 1 below. The proposed changes would delete the TSs section titled "Unit Staff/Station Staff' as listed in Table 1.

Enclosure

-2 The licensee stated that the application is consistent with 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 10 CFR Part 26." The technical evaluation Section 3.0 contains the differences between TSTF-511 and the TSs for the licensee listed in Table 1.

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).

Table 1 TS Nuclear Power Plant Section Paragraph Catawba Nuclear Station, Units 1 and 2 (Catawba) TS 5.2.2 e McGuire Nuclear Station, Units 1 and 2 (McGuire) TS 5.2.2 e Oconee Nuclear Station, Units 1, 2 and 3 (Oconee) TS 5.0-3 e

2.0 REGULATORY EVALUATION

The history of the NRC regulations pertaining to prevention of worker impairment is summarized in the Federal Register notice containing the final rule that amended Title 10 of the Code of Federal Regulations (CFR), Part 26 (73 FR 16966), March 31,2008. 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 TSs are contained in 10 CFR Part 50.36. Section 50.36 requires that the TSs include items in the following categories:

(1) safety limits, limiting safety systems settings, and limiting control settings; (2) limiting conditions for operation (LCOs); (3) Surveillance Requirements (SRs); (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 facilities in a safe manner.

The NRC's guidance for the format and content of licensee Technical Specifications 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 (STSs). Section 5 of STSs contains administrative controls. Paragraph d of Section 5.2.2 of STSs 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 lead to inconsistent TS interpretation and implementation. This has also made it difficult for the NRC to enforce the requirements.

-3 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 STSs. 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 the STSs that would delete paragraph d of STS 5.2.2. This change was approved in a Federal Register notice published on December 30, 2008 (73 FR 79923).

Proper adoption of TSTF-511 and implementation of 10 CFR Part 26, Subpart I by the licensee will provide reasonable assurance that the licensee will maintain limits on the working hours of personnel who perform safety-related functions. The licensee 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 the licensee's nuclear plants are currently located in the TS section and paragraph referenced in Table 1. When implemented, the regulatory requirements of 10 CFR Part 26, Subpart I replaces the plant-specific TS requirements found in Table 1 for the licensee's nuclear plants.

The licensee proposed deleting the TS section and paragraph referenced in Table 1. 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, including its commitment management program (see Regulatory Issue Summary 2000-017, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff'). The above regulatory commitments do not warrant the creation of regulatory requirements (items requiring prior NRC approval of subsequent changes).

3.1 Catawba Nuclear Station, Units 1 and 2 (Catawba)

There are minor differences between the Catawba TSs and TSTF-511. First, the equivalent Catawba TS where work-hour restrictions are located is TS 5.2.2, paragraph e. This differs from TSTF-511, where work-hour restrictions are located in STS 5.2.2, paragraph d.

Second, while the text of Catawba TS 5.2.2, paragraph e, is similar to the text of TSTF-511, STS 5.2.2, paragraph d, it is not an exact duplicate. The most significant differences are as follows:

- 4 TSTF-511, STS 5.2.2, paragraph d states, "The controls shall include guidelines on working hours that ensure adequate shift coverage shall be maintained without routine heavy use of overtime." Catawba, TS 5.2.2, paragraph e states, "Adequate shift coverage shall be maintained without routine heavy use of overtime," and incorporates the guidelines to be followed in TS 5.2.2 paragraph e.

TSTF-511, STS 5.2.2, paragraph d states that the plant manager or plant manager's designee must authorize deviations from the guideline on working hours. Catawba, TS 5.2.2, paragraph e allows such deviations to be approved by the station manager, or their designee, or by higher levels of management.

TSTF-511, STS 5.2.2, paragraph d requires the conduct of a periodic, independent review to ensure that excessive hours have not been assigned. Catawba, TS 5.2.2, paragraph e does not require that this review be independent but rather requires that the review be conducted monthly by the station manager or a designee.

These differences are insignificant as the intent of TSTF-511 is to delete TSs superseded by the revised regulations in 10 CFR Part 26, Subpart I.

3.2 McGuire Nuclear Station, Units 1 and 2 (McGuire)

There are minor differences between the McGuire TSs and TSTF-511. First, the equivalent McGuire TS where work-hour restrictions are located is TS 5.2.2, paragraph e. This differs from TSTF-511, where work-hour restrictions are located in STS 5.2.2, paragraph d.

Second, while the text of McGuire TS 5.2.2, paragraph e, is similar to the text of TSTF 511, STS 5.2.2, paragraph d, it is not an exact duplicate. The most significant differences are as follows:

TSTF-511, STS 5.2.2, paragraph d states, "The controls shall include guidelines on working hours that ensure adequate shift coverage shall be maintained without routine heavy use of overtime." McGuire, TS 5.2.2, paragraph e states, "Adequate shift coverage shall be maintained without routine heavy use of overtime," and incorporates the guidelines to be followed in TS 5.2.2 paragraph e.

TSTF-511, STS 5.2.2, paragraph d states that the plant manager or plant manager's designee must authorize deviations from the guideline on working hours. McGuire, TS 5.2.2, paragraph e allows such deviations to be approved by the station manager, or their designee, or by higher levels of management.

TSTF-511, STS 5.2.2, paragraph d requires the conduct of a periodic, independent review to ensure that excessive hours have not been assigned. McGuire, TS 5.2.2, paragraph e does not require that this review be independent but rather requires that the review be conducted monthly by the station manager or a designee.

These differences are insignificant as the intent of TSTF-511 is to delete TSs superseded by the revised regulations in 10 CFR Part 26, Subpart I.

-5 3.3 Oconee Nuclear Station, Units 1, 2 and 3 (Oconee)

There are minor differences between Oconee TS and TSTF-511. First, the equivalent Oconee TSs where work-hour restrictions are located is TS 5.2.2, paragraph e. This differs from TSTF-511, where work-hour restrictions are located in STS 5.2.2, paragraph d.

Second, while the text of Oconee TS 5.2.2, paragraph e, is similar to the text of TSTF 511, STS 5.2.2, paragraph d, it is not an exact duplicate. The most significant differences are as follows:

TSTF-511, STS 5.2.2, paragraph d states that the plant manager or plant manager's designee must authorize deviations from the guideline on working hours. Oconee TS 5.2.2, paragraph e allows such deviations to be approved by the station manager, or their designee, or by higher levels of management.

TSTF-511, STS 5.2.2, paragraph d requires the conduct of a periodic, independent review to ensure that excessive hours have not been assigned. Oconee TS 5.2.2, paragraph e does not require that this review be independent but rather requires that the review be conducted periodically.

These differences are insignificant as the intent of TSTF-511 is to delete TSs superseded by the revised regulations in 10 CFR Part 26, Subpart I.

3.4 Summary The NRC staff evaluated the licensee's proposed changes against the applicable regulatory requirements stated in Section 2 of this safety evaluation. The NRC staff also compared the proposed changes to the change made to the STSs 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 changes. Given the licensee's commitment, there is reasonable assurance that the licensee will comply with the regulations for work-hour controls, either through TS requirements or through the requirements of 10 CFR Part 26, Subpart I, at all times at the licensee's nuclear plants listed in Table 1.

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 changes to the TSs acceptable.

4.0 FINAL NO SIGNIFICANT HAZARDS CONSIDERATION

The Commission's regulations in 10 CFR 50.92(c), "Issuance of amendment," state that the Commission may make a final determination that a license amendment involves no significant hazards consideration if operation of the facility in accordance with the amendment would not:

(1) Involve a significant increase in the probability or consequences or an accident previously evaluated; or (2) Create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) Involve a significant reduction in a margin of safety.

-6 As required by 10 CFR 50.91 (a), the licensee has provided its analysis of the issue of no significant hazards consideration, which 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.

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 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

-7 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.

The NRC staff has reviewed the licensee's analysis and, based on this review, has concluded that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the I\lRC staff has made a final determination that the proposed amendment involves no significant hazards consideration.

5.0 STATE CONSULTATION

In accordance with the Commission's regulations, the North Carolina and South Carolina State officials were notified of the proposed issuance of the amendments. The State officials had no comments.

6.0 ENVIRONMENTAL CONSIDERATION

The amendments relate to changes in record keeping, reporting, or adminstrative procedures or requirements. Accordingly, the amendments meet the eligibility criteria for categorical exclusion setforth 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 amendments.

7.0 CONCLUSION

The NRC staff has concluded, based on the considerations discussed above, that: (1) the amendment does not (a) involve a significant increase in the probability or consequences of an accident previously evaluated or, (b) create the possibility of a new or different kind of accident from any previously evaluated or, (c) involve a significant reduction in a margin of safety and therefore, the amendments do not involve a significant hazards consideration; (2) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (3) such activities will be conducted in compliance with the Commission's regulations, and (4) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: K. Bucholtz A. Lewin Date: September 21, 2009

ML092400311 *SE Transmitted by memo dated OFFICE NRRlLPL2-1/PM NRRlLPL2-1/LA DIRSIITSB/BC OGC NRRlLPL2-1/(A)BC NRRlLPL2-1/PM AJones NLO NAME JStang MO'Brien RElliot* w/comments JThompson JStang DATE 9/18/09 9/2/09 07/28/09 9/14/09 9/21/09 9/18/09