ML11154A098

License Amendment Request Pursuant to 10 CFR 50.90: Revision to License Condition 2.B.(2) to Delete Outdated Reference

ML11154A098
Person / Time
Site:	Nine Mile Point
Issue date:	05/25/2011
From:	Lynch T Constellation Energy Group, EDF Group, Nine Mile Point
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML11154A098 (10)

Text

Thomas A. Lynch P.O. Box 63 Plant General Manager Lycoming, New York 13093 315.349.5205 315.349.1321 Fax CENGS.

a joint venture of 0 Constellation ~ D NINE MILE POINT NUCLEAR STATION May 25, 2011 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTENTION: Document Control Desk

SUBJECT:

Nine Mile Point Nuclear Station Unit No. 1, Docket No. 50-220 License Amendment Request Pursuant to 10 CFR 50.90: Revision to License Condition 2.B.(2) to Delete Outdated Reference Pursuant to 10 CFR 50.90, Nine Mile Point Nuclear Station, LLC (NMPNS) hereby requests an amendment to Nine Mile Point Unit 1 (NMP1) Renewed Facility Operating License DPR-63. The proposed license amendment would delete reference to a specific date delineated in License Condition 2.B.(2).

License Condition 2.B.(2) reads as follows:

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 Final Safety Analysis Report, as supplemented and amended as of February 4, 1976; Since February 4, 1976, several license amendment requests (LARs) to increase the NMPI spent fuel pool storage capacity have been submitted to and approved by the Commission. These LARs resulted in changes to Technical Specification (TS) Section 5.0, "Design Features," Subsection 5.5, "Storage of Unirradiated and Spent Fuel," and to the NMP1 Updated Final Analysis Report. However, License 0coo

Document Control Desk May 25, 2011 Page 2 Condition 2.B.(2) should also have been revised to reflect these changes. NMPNS proposes to delete the outdated reference to February 4, 1976, to address this omission.

The Enclosure to this letter provides a description and basis for the proposed change and a marked-up copy of the existing operating license page indicating the proposed change. NMPNS has concluded that the activities associated with the proposed amendment represent no significant hazards consideration under the standards set forth in 10 CFR 50.92. There are no regulatory commitments identified in this submittal.

NMPNS requests approval of the proposed license amendment by May 25, 2012, with implementation within 90 days of receipt of the approved amendment.

Pursuant to 10 CFR 50.91(b)(1), NMPNS has provided a copy of this license amendment request, with Enclosure, to the appropriate state representative.

Should you have any questions regarding the information in this submittal, please contact John J. Dosa, Director Licensing, at (315) 349-5219.

Very truly yours,

Document Control Desk May 25, 2011 Page 3 STATE OF NEW YORK TO WIT:

COUNTY OF OSWEGO I, Thomas A. Lynch, being duly sworn, state that I am the Nine Mile Point Plant General Manager, and I am duly authorized to execute and file this license amendment request on behalf of Nine Mile Point Nuclear Station, LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Nine Mile Point employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be reliable.

Subscribed and sworn befor me, a Notary Public in and for the State of New York and County of y ,this his f.J

&day of ,2011.

WITNESS my Hand and Notarial Seal: _____

• -7Notar-Pt/lic My Commission Expires:

TONYA LAI4f Date tOs~g Cqunty. Bog. No. 01 My Comriifiion Expires TAL/JMT

Enclosure:

Evaluation of the Proposed Change cc: NRC Regional Administrator, Region I NRC Resident Inspector NRC Project Manager A. L. Peterson, NYSERDA

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ENCLOSURE EVALUATION OF THE PROPOSED CHANGE TABLE OF CONTENTS 1.0

SUMMARY

DESCRIPTION 2.0 DETAILED DESCRIPTION 2.1 Description of the Proposed Change 2.2 Background

4.0 REGULATORY EVALUATION

4.1 Applicable Regulatory Requirements/Criteria 4.2 Precedent 4.3 Significant Hazards Consideration 4.4 Conclusions

5.0 ENVIRONMENTAL CONSIDERATION

6.0 REFERENCE ATTACHMENT

1. Proposed Operating License Change (Mark-up)

Nine Mile Point Nuclear Station, LLC May 25,2011

ENCLOSURE EVALUATION OF THE PROPOSED CHANGE 1.0

SUMMARY

DESCRIPTION This evaluation supports a request to amend Renewed Facility Operating License DPR-63 for Nine Mile Point Unit 1 (NMPI). The proposed license amendment would delete reference to a specific date delineated in License Condition 2.B.(2).

License Condition 2.B.(2) reads as follows:

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 Final Safety Analysis Report, as supplemented and amended as of February 4, 1976; Since February 4, 1976, several license amendment requests (LARs) to increase the NMP1 spent fuel pool (SFP) storage capacity have been submitted to and approved by the Commission. These LARs resulted in changes to Technical Specification (TS) Section 5.0, "Design Features," Subsection 5.5, "Storage of Unirradiated and Spent Fuel," and to the NMP1 Updated Final Safety Analysis Report (UFSAR). However, License Condition 2.B.(2) should also have been revised to reflect these changes.

Nine Mile Point Nuclear Station, LLC (NMPNS) proposes to delete the outdated reference to February 4, 1976, to address this omission.

2.0 DETAILED DESCRIPTION 2.1 Description of the Proposed Change License Condition 2.B.(2) authorizes NMPNS 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 Final Safety Analysis Report as supplemented and amended as of February 4, 1976." The proposed change will remove the words "as of February 4, 1976," as shown in Attachment 1.

2.2 Background The current wording in License Condition 2.B.(2) was incorporated by License Amendment No. 11 issued on July 7, 1976 (Reference 1). Amendment No. 11 was based on a NMP1 amendment application dated February 4, 1976. The February 4, 1976, date was incorporated into License Condition 2.B.(2).

Since February 4, 1976, several LARs to increase the NMP 1 SFP storage capacity have been submitted to and approved by the Commission. These LARs resulted in changes to TS Section 5.0, "Design Features,"

Subsection 5.5, "Storage of Unirradiated and Spent Fuel," and to the NMPI UFSAR. Specific amendments include: (1) License Amendment No. 21, issued January 27, 1978, which increased the SFP capacity from 1140 to 1984 fuel assemblies; (2) License Amendment No. 54, issued February 1, 1984, which increased the SFP capacity from 1984 to 2776 fuel assemblies; and (3) License Amendment No.

167, issued June 17, 1999, which increased the SFP capacity from 2776 to 4086 fuel assemblies. In each instance, the reference to February 4, 1976, should have been updated (or deleted) as the increases in the allowed spent fuel storage capacity were greater than the limitations described in the UFSAR as of February 4, 1976.

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ENCLOSURE EVALUATION OF THE PROPOSED CHANGE

3.0 TECHNICAL EVALUATION

TS Section 5.5, "Storage of Unirradiated and Spent Fuel," and UFSAR Section X, "Reactor Auxiliary and Emergency Systems," Part J, "Fuel and Reactor Components Handling System," provide the specific limitations on the storage of fuel assemblies in the NMPI SFP as well as assemblies in the fresh fuel storage vault. Changes to the SFP storage capacity, as provided in TS Section 5.5, have been evaluated and approved by the NRC through the LAR process and then captured in the UFSAR. The current fuel pool storage capacity stated in the UFSAR is consistent with TS Section 5.5 and is based on Amendment No. 167 issued June 17, 1999, which increased the pool capacity from 2776 to 4086 fuel assemblies. The number of assemblies allowed in the fresh fuel storage vault as stated in the UFSAR is also consistent with TS Section 5.5. Removing the outdated reference to February 4, 1976, from License Condition 2.B.(2) has no effect on these limitations or on the supporting evaluations.

In addition to storage, License Condition 2.B.(2) also discusses the limitations of special nuclear material required for reactor operation. The number of fuel assemblies allowed in the reactor core is specified in TS Section 5.2, "Reactor," and is consistent with the current NMP1 UFSAR description. Removing the outdated reference to February 4, 1976, from License Condition 2.B.(2) has no effect on these limitations.

4.0 REGULATORY EVALUATION

4.1 Applicable Regulatory Requirements/Criteria License Condition 2.B.(2) authorizes NMPNS, 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 Final Safety Analysis Report, as supplemented and amended (as of February 4, 1976). The stipulated conditions and requirements of License Condition 2.B.(2) are not affected by the proposed change to remove the outdated reference. In addition, the limitations delineated in TS Section 5.0 and the UFSAR regarding SFP storage capacity, new fuel storage, and fuel assemblies in the reactor core will be maintained.

4.2 Precedent The proposed wording for NMP1 License Condition 2.B.(2) is consistent with the wording found in the corresponding license condition at multiple stations including Calvert Cliffs Units I and 2 and Nine Mile Point Unit 2.

4.3 Significant Hazards Consideration Nine Mile Point Nuclear Station, LLC (NMPNS) is requesting an amendment to Renewed Facility Operating License DPR-63 for Nine Mile Point Unit 1 (NMP1). License Condition 2.B.(2) authorizes NMPNS 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 Final Safety Analysis Report, as supplemented and amended as of February 4, 1976." The proposed change would remove the outdated reference to February 4, 1976.

NMPNS has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:

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ENCLOSURE EVALUATION OF THE PROPOSED CHANGE I. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The NMP1 Technical Specifications (TS) and Updated Final Safety Analysis Report (UFSAR) provide the specific limitations on the number of fuel assemblies in the NMP1 spent fuel pool, fresh fuel storage vault, and the reactor core. Removing the outdated reference to the February 4, 1976 UFSAR from License Condition 2.B.(2) has no effect on these limitations or on the supporting evaluations. The proposed change does not affect a precursor to any accident previously evaluated nor does it affect the ability of any system to mitigate the consequences of any accident previously evaluated.

Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The NMP1 TS and UFSAR provide the specific limitations on the number of fuel assemblies in the NMP I spent fuel pool, fresh fuel storage vault, and the reactor core. Removing the outdated reference to the February 4, 1976 UFSAR from License Condition 2.B.(2) has no effect on these limitations or on the supporting evaluations. The proposed change does not introduce a new mode of plant operation and does not involve a physical modification to the plant. The change will not introduce new accident initiators or impact the assumptions made in a safety analysis.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

3. Does the proposed change involve a significant reduction in a margin of safety?

Response: No.

Margin of safety is related to confidence in the ability of the fission product barriers to perform their design functions during and following postulated accidents. The NMP1 TS and UFSAR provide the specific limitations on the number of fuel assemblies in the NMP1 spent fuel pool, fresh fuel storage vault, and the reactor core. Removing the outdated reference to the February 4, 1976, UFSAR from License Condition 2.B.(2) has no effect on these limitations or on the supporting evaluations.

Accordingly, no margin of safety is affected.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, NMPNS concludes that the proposed amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

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ENCLOSURE EVALUATION OF THE PROPOSED CHANGE 4.4 Conclusions In conclusion, based on the considerations discussed above, (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.

5.0 ENVIRONMENTAL CONSIDERATION

A review has determined that the proposed amendment would not change any requirement with respect to installation or use of a facility component located within the restricted area, as defined in 10 CFR 20, nor would it change an inspection or surveillance requirement. The proposed amendment does not involve:

(i) a significant hazards consideration, (ii) a significant change in the types or significant increase in the amounts of any effluent that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

6.0 REFERENCE

1. Letter dated July 7, 1976, Amendment No. 11 to the Nine Mile Point Unit 1 Facility Operating License, G. Lear (NRC) to G. Rhode (Niagara Mohawk Power Corporation) 4 of 4

ATTACHMENT 1 PROPOSED OPERATING LICENSE CHANGE (MARK-UP)

The current version of NMP1 Operating License (OL) Page 2 has been marked-up by hand to reflect the proposed change.

Nine Mile Point Nuclear Station, LLC May 25,2011

G. The licensee has satisfied the applicable provisions of 10 CFR Part 140 "Financial Protection Requirements and Indemnity Agreements" of the Commission's regulations; H. The issuance of this full-term renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of the full-term Renewed Facility Operating License No. DPR-63 (subject to the conditions for protection of the environment set forth herein) is in accordance with Appendix D, 10 CFR Part 50 of the Commission's regulations and all applicable requirements have been satisfied; and J. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70 including Section 30.33, 40.32, 70.23 and 70.31. -

2. Renewed Facility Operating License No. DPR-63 is hereby issued to Nine Mile Point Nuclear Station, LLC to read as follows:

A. This license applies to the Nine Mile Point Nuclear Station Unit No. 1, a single cycle, force circulation, boiling light water reactor, and associated equipment (the facility), owned by Nine Mile Point Nuclear Station, LLC. The facility is located on the Nine Mile Point site on the southeast shore of Lake Ontario in Oswego County, New York and is described in the "Final Safety Analysis Report" (with its Amendments Nos. 3 through 13 and its Supplements Nos. 1 through 10) and the "Environmental Report" (with its Supplements Nos. 1through 3).

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Nine Mile Point Nuclear Station, LLC:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Oswego County, New York, in accordance with the procedures and limitations set forth in this amended license; (2) 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 Safe nalysis Report, as supplemented and 4

amendedas of, ruaryj 9,6 Renewed Lziers~e No. BPR--63 Nv %'A '\ )JO,