ML113530106

Audit of the Licensee'S Management of Regulatory Commitments

ML113530106
Person / Time
Site:	Ginna
Issue date:	12/29/2011
From:	Nadiyah Morgan Plant Licensing Branch 1
To:	John Carlin Ginna
Morgan N, NRR/DORL, 415-1016
References
TAC ME7635
Download: ML113530106 (9)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 29, 2011 Mr. John T. Carlin Vice President RE. Ginna Nuclear Power Plant RE. Ginna Nuclear Power Plant, LLC 1503 Lake Road Ontario, New York 14519

SUBJECT:

R GINNA NUCLEAR POWER PLANT - AUDIT OF THE LICENSEE'S MANAGEMENT OF REGULATORY COMMITMENTS (TAC NO. ME7635)

Dear Mr. Carlin:

In Regulatory Issue Summary 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff;' dated September 21,2000, the Nuclear Regulatory Commission (NRC) informed licensees that the Nuclear Energy Institute (NEI) document NEI 99-04, "Guidelines for Managing NRC Commitment Changes;' contains acceptable guidance for controlling regulatory commitments and encouraged licensees to use the NEI guidance or similar administrative controls to ensure that regulatory commitments are implemented and that changes to the regulatory commitments are evaluated and, when appropriate, reported to the NRC.

The NRC Office of Nuclear Reactor Regulation has instructed its staff to perform an audit of licensees' commitment management programs once every 3 years to determine whether the licensees' programs are consistent with the industry guidance in NEI 99-04, and that regulatory commitments are being effectively implemented.

An audit of the commitment management program for RE. Ginna Nuclear Power Plant (Ginna) was performed at the plant site on November 30, 2011. The NRC staff concludes, based on the audit, that Ginna has implemented NRC commitments on a timely basis, and has implemented an effective program for managing NRC commitments. Details of the audit are set forth in the enclosed audit report.

J. Carlin -2 Please contact me at (301) 415-1016 if you have any questions on this issue.

adiyah S. Morgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosure:

Audit Report cc w/encl: Distribution via Listserv

AUDIT REPORT BY THE OFFICE OF NUCLEAR REACTOR REGULATION LICENSEE MANAGEMENT OF REGULATORY COMMITMENTS RE. GINNA NUCLEAR POWER PLANT, LLC RE. GINNA NUCLEAR POWER PLANT DOCKET NO. 50-244

1.0 INTRODUCTION AND BACKGROUND

In Regulatory Issue Summary 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff," dated September 21,2000, the Nuclear Regulatory Commission (NRC) informed licensees that the Nuclear Energy Institute (NEI) document NEI 99-04, "Guidelines for Managing NRC Commitment Changes," contains acceptable guidance for controlling regulatory commitments and encouraged licensees to use the NEI guidance or similar administrative controls to ensure that regulatory commitments are implemented and that changes to the regulatory commitments are evaluated and, when appropriate, reported to the NRC.

The NRC Office of Nuclear Reactor Regulation (NRR) has instructed its staff to perform an audit of licensees' commitment management programs once every 3 years to determine whether the licensees' programs are consistent with the industry guidance in NEI 99-04, and that regulatory commitments are being effectively implemented.

NEI-99-04 defines a "regulatory commitment" as an explicit statement to take a specific action agreed to, or volunteered by, a licensee and submitted in writing on the docket to the NRC.

NRR guidelines direct the NRR Project Manager to audit the licensee's commitment management program by assessing the adequacy of the licensee's implementation of a sample of commitments made to the NRC in past licenSing actions (amendments, reliefs, exemptions, etc.) and activities (bulletins, generic letters, etc.). The audit is to be performed every 3 years.

2.0 AUDIT PROCEDURE AND RESULTS An audit of the commitment management program for RE. Ginna Nuclear Power Plant (Ginna) was performed at the plant site on November 30,2011. The audit reviewed commitments made since the previous NRC audit report dated July 21, 2008. The audit consisted of two major parts: (1) verification of the licensee's implementation of NRC commitments that have been completed and (2) verification of the licensee's program for managing changes to NRC commitments.

2.1 Verification of Licensee's Implementation of NRC Commitments The primary focus of this part of the audit is to confirm that the licensee has implemented commitments made to the NRC as part of past licensing actions/activities. For commitments not yet implemented, the NRC staff determines whether they have been captured in an effective program for future implementation.

Enclosure

-2 2.1.1 Audit Scope The audit addressed a sample of commitments made during the review period. The audit focused on regulatory commitments (as defined above) made in writing to the NRC as a result of past licensing actions (amendments, exemptions, etc.) or licensing activities (bulletins, generic letters, etc.). Commitments made in Licensee Event Reports or in response to Notices of Violation may be included in the sample, but the review was limited to verification of restoration of compliance, not the specific methods used. Before the audit, the NRC staff searched ADAMS for the licensee's submittals, since the last audit, and selected a representative sample for verification.

The audit excluded the following types of commitments that are internal to licensee processes:

(1) Commitments made on the licensee's own initiative among internal organizational components.

(2) Commitments that pertain to milestones of licensing actions/activities (e.g., respond to an NRC request for additional information by a certain date). Fulfillment of these commitments was indicated by the fact that the subject licensing action/activity was completed.

(3) Commitments made as an internal reminder to take actions to comply with existing regulatory requirements such as regulations, Technical Specifications (TSs), and Updated Final Safety Analysis Reports. Fulfillment of these commitments was indicated by the licensee having taken timely action in accordance with the subject requirements.

2.1.2 Audit Results The attached Audit Summary provides details of the audit and its results. The NRC staff found that the Constellation Energy Nuclear Group Fleet Administrative Procedure for managing regulatory commitments, CNG-NL-1.01-1006, "Commitment Management," acceptably implements the NEI-99-04 guidelines, and that the Ginna staff is following the guidance of CNG-NL-1.01-1006.

2.2 Verification of the Licensee's Program for Managing NRC Commitment Changes The primary focus of this part of the audit is to verify that the licensee has established administrative controls for modifying or deleting commitments made to the NRC. The NRC staff compared the licensee's process for controlling regulatory commitments to the guidelines in NEI-99-04, which the NRC has found to be an acceptable guide for licensees to follow for managing and changing commitments. The Ginna commitment management system is described in the Constellation Energy Nuclear Group Fleet Administrative Procedure, CNG-NL-1.01-1006. CNG-NL-1.01-1006 is based on and implements the recommendations of NEI99-04. The audit reviewed a sample of commitment changes that included changes that were or will be reported to the NRC, and changes that were not or will not be reported to the NRC. The audit also verifies that the licensee's commitment management system includes a mechanism to ensure traceability of commitments following initial implementation. This ensures that licensee personnel are able to recognize that future proposed changes to the affected

-3 design features or operating practices require evaluation in accordance with the commitment change control process.

2.2.1 Audit Results The attached Audit Summary also provides details of this portion of the audit and its results.

The NRC staff found that the Constellation Energy Nuclear Group Fleet Administrative Procedure for managing regulatory commitments, CNG-NL-1.01-1006, acceptably implements the NEI-99-04 guidelines pertaining to commitment changes. The Ginna staff is following the guidance of CNG-NL-1.01-1 006 in regard to commitment changes.

3.0 CONCLUSION

Based on the above, the NRC staff concludes that: (1) Ginna has implemented or is tracking for future implementation regulatory commitments, and (2) Ginna has implemented an effective program to manage regulatory commitment changes.

4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT Jarred Jackson Dave Skolnik Principal Contributor: Nadiyah Morgan

Attachment:

Summary of Audit Results

AUDIT

SUMMARY

IMPLEMENTATION OF COMMITMENTS:

1. Submittal Date - October 13, 2008

• Ginna will develop an appropriate administrative surveillance requirement (SR) and procedure(s) to implement that requirement. In addition to describing the process for performing the surveillance, the procedure(s) will describe how gas voids are documented, dispositioned, and trended, if found in any of the subject systems.

Due Date: March 31,2009 Documents Reviewed: The administrative SR and procedure and the station electronic action tracking system Status: Completed on October 31,2009.

• Upon completion and approval of the new industry generic Technical Specifications (TS)

Traveler currently under development by the TS Task Force, Ginna will review these requirements and submit a License Amendment Request as appropriate.

Due Date: Upon NRC approval and issuance of the TSTF Documents Reviewed: The station electronic action tracking system Status: Ongoing

• Complete the required changes to the operations, maintenance and test procedures.

Due Date: January 31, 2009 Documents Reviewed: The operations, maintenance and test procedures and the station electronic action tracking system Status: Completed on January 28, 2009.

2. Submittal Date - March 30, 2009

• Ginna LLC will submit a response to the January 7,2009 NRC Request for Additional Information (RAI) regarding GL 2004-02 no later than June 5, 2009.

Due Date: June 5, 2009 Documents Reviewed: RAI Responses submitted by letter dated June 2, 2009 Status: Completed on June 2, 2009.

3. Submittal Date - March 31, 2009

• Ginna LLC will submit the reactor vessel material surveillance capsule "N" summary technical report no later than May 29, 2009.

Due Date: May 29,2009 Documents Reviewed: The reactor vessel material surveillance capsule "N" summary technical report Status: Completed on May 29,2009.

4. Submittal Date - June 2, 2009

• Ginna LLC will provide the results of evaluations of in-vessel downstream effects for RAI Question #33 within 90 days of issuance of the NRC's Safety Evaluation of Revision 1 for WCAP-16793-NP.

Due Date: Within 90 days of issuance of the final NRC SER on WCAP-16793-NP Documents Reviewed: The station electronic action tracking system Status: Ongoing Attachment

-2

• Model a Reactor Coolant System Break location at the bottom of the Reactor Vessel for the Ginna Simulator and determine if significant differences in operator response for a bottom of vessel break and a traditional cold leg break exist. If so, schedule additional simulator training during the first training cycle following startup from the fall 2009 refueling outage. .

Due Date: September 30,2009 Documents Reviewed: Reactor Coolant System Break model Status: Completed on August 27,2009.

• Complete additional simulator training, if required.

Due Date: November 30, 2009 Documents Reviewed: The station electronic action tracking system Status: Completed on August 28, 2009 (not required).

5. Submittal Date - March 2, 2010

• The TS Bases for SR 3.4.14.2 will be clarified to clearly state that the NRC staff has previously approved testing check valve pairs as a single valve.

Due Date: April 30, 2010 Documents Reviewed: TS Bases for SR 3.4.14.2 Status: Completed on April 29, 2010.

• A footnote will be inserted in TS SR Specification 3.4.14.2 to clarify testing check valve pairs as a single valve.

Due Date: The next time the TS page is updated Documents Reviewed: TS Bases for SR 3.4.14.2 Status: Completed on April 29, 2010.

6. Submittal Date - April 25, 2011

• Perform two structural integrity tests during period of extended operations at a pressure that is consistent with the ILRT Type A methodology set forth in Regulatory Guide 1.163.

Due Date: 2011 and 2021 (2026 if 15-year frequency is requested/approved)

Documents Reviewed: ILRT Type A methodology and the station electronic action tracking system Status: Completed on June 8, 2011, and ongoing.

7. Submittal Date - September 13,2011

• Ginna commits to resubmit aging management program/inspection plan in accordance with the NRC approved report MRP-227-A Due Date: No later than October 1, 2012.

Documents Reviewed: The station electronic action tracking system Status: Ongoing

8. Submittal Date - October 5, 2011

• Send the confirmation of the EDF Inc. restructuring transaction to the NRC.

Due Date: When the restructuring transaction is complete.

Documents Reviewed: The station electronic action tracking system Status: Ongoing

-3 MANAGEMENT OF CHANGES TO REGULATORY COMMITMENTS:

1. Submittal Date - October 3, 2008

• Submit the decommissioning trust fund report required by 10 CFR 50. 75(f)(1) to the NRC.

Due Date: March 31, 2009 Documents Reviewed: Withdrawal letter dated 12/17/2008, and the station electronic action tracking system Status: The submittal was withdrawn. Commitment was cancelled.

2. Submittal Date - May 29, 2009

• An updated Pressure Temperature Limits Report (PTLR) incorporating the capsule "N" test results will be submitted.

Due Date: February 19, 2010 Documents Reviewed: February 18, 2010, Letter to request extension to October 1, 2010 and a NRC Regulatory Commitment Change Evaluation Summary Status: Completed on September 22, 2010.

3. Submittal Date - November 23, 2009

• The analysis of digital computer systems and networks in accordance with Section 3 of the Cyber Security Plan will be performed and results documented as required.

Due Date: 36 months after NRC approval of Cyber Security Plan.

Documents Reviewed: Withdrawal letter dated July 16, 2010, and the station electronic action tracking system Status: The submittal was withdrawn. Commitment was cancelled.

• For cyber security controls-that have been identified for implementation by the process described in Section 3 of the Cyber Security Plan, an implementation plan will be prepared and available for NRC inspection.

Due Date: 48 months after NRC approval of Cyber Security Plan.

Documents Reviewed: Withdrawal letter dated July 16, 2010, and the station electronic action tracking system Status: The submittal was withdrawn. Commitment was cancelled.

• The elements of the Cyber Security Program.to establish, implement, and maintain the program as described in Section 4 of the Cyber Security Plan will be implemented.

Due Date: 60 months after NRC approval of Cyber Security Plan.

Documents Reviewed: Withdrawal letter dated July 16, 2010, and the station electronic action tracking system Status: The submittal was withdrawn. Commitment was cancelled.

J. Carlin -2 Please contact me at (301) 415-1016 if you have any questions on this issue.

Sincerely, Ira!

Nadiyah S. Morgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosure:

Audit Report cc w/encl: Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl1-1 RidsNrrPMREGinna RidsOGCRp LPL1-1 Reading File RidsNrrLASLittle RidsAcrsAcnw_MailCTR SMeighan RidsNrrDorlDpr RidsRgn1 MailCenter NMorgan ADAMS ACCESSION NO.: ML113530106

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