ML12235A254

Audit of the Licensee'S Management of Regulatory Commitments

ML12235A254
Person / Time
Site:	Nine Mile Point
Issue date:	08/31/2012
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Langdon K Nine Mile Point
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC ME8905, TAC ME8906
Download: ML12235A254 (27)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 August 31,2012 Mr. Ken Langdon Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 - AUDIT OF THE LICENSEE'S MANAGEMENT OF REGULATORY COMMITMENTS (TAC NOS. ME8905 AND ME8906)

Dear Mr. Langdon:

In Regulatory Issue Summary 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff," dated September 21,2000, the U. S. 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.

On May 27,2003, the Office of Nuclear Reactor Regulation Office Instruction LlC-105, "Managing Regulatory Commitments Made by Licensees to the NRC (Nuclear Regulatory Commission)," was published. LlC-105, which is publicly available electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC website (Accession Number ML022750041), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made by licensees for commer:cial nuclear reactors to the NRC staff. LlC-105 specifies that the NRC staff will audit a licensee's commitment management program 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 Nine Mile Point Nuclear Station (NMPNS),

Unit Nos. 1 and 2 was performed onsite and in the NRC office on August 13 - 16, 2012.

The NRC staff concludes that, based on the audit, (1) the licensee's program for managing Regulatory commitment is generally consistent with NEI 99-04, (2) the licensee had implemented NRC commitments on a timely basis; (3) the licensee had implemented an effective program to manage regulatory commitment changes, and (4) there were no misapplied commitments.

K. Langdon -2 However, as described in the enclosed audit report, the NRC audit team noted that the implementation of the NMPNS's Commitment Management Program/Procedure is not consistent and uniform. Therefore, the licensee's program document CNG-NL-1.01-1006, Revision 0200, needs considerable improvements, to provide specificity, clarity, consistency, and uniformity for proper implementation of the program.

During the exit meeting on August 16, 2012, the NRC audit team's observations were discussed with the licensee. The licensee informed the NRC audit team that the Nine Mile Point Corrective Action Program Condition Report #CR-2012-006793 will address and track these program and procedure weaknesses.

Details of the audit are set forth in the enclosed audit report.

The NRC staff appreciates the resources that were made available by, your staff for performing the audit.

If you have any questions, please contact me at 301-415-3308.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410

Enclosure:

As stated cc w/encl: Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 AUDIT REPORT BY THE OFFICE OF NUCLEAR REACTOR REGULATION (NRR)

REGULATORY COMMITMENTS MADE BY THE LICENSEE TO THE NUCLEAR REGULATORY COMMISSION (NRC)

NINE MILE POINT NUCLEAR STATION (NMPNS), UNIT NOS. 1 AND 2 DOCKET NOS. 50-220 AND 50-410

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 U. S. 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.

On May 27,2003, the Office of Nuclear Reactor Regulation Office Instruction LlC-105, "Managing Regulatory Commitments Made by Licensees to the NRC (Nuclear Regulatory Commission)," was published. LlC-105, which is publicly available electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC website (Accession Number ML022750041), provides the NRC staff and its stakeholders with a common reference for handling regulatory commitments made by licensees for commercial nuclear reactors to the NRC staff. LlC-105 specifies that the NRC staff will audit a licensee's commitment management program 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 commitments will be controlled in accordance with the licensee's Commitment Management Program (CMP) in accordance with NEI 99-04. Any change to the regulatory commitments is subject to licensee management approval and subject to the procedural controls established at the plant for commitment management in accordance with NEI 99-04, which include appropriate notification to the NRC. In accordance with NEI 99-04, the NRC is informed of any regulatory commitment change that has safety or regulatory significance.

- 2 Table 1 lists the commitments audited, the current status of licensee regulatory commitments and the auditor's comments in bold italics, where applicable.

2.0 AUDIT PROCEDURE AND RESULTS An audit of the Nine Mile Point Units 1 and 2 (NMP 1 and 2) commitment management program was performed at the plant site as well as at the NRC Headquarters during the period August 13-17,2012. The following paragraphs describe the methodology used to conduct the audit:

a) The scope of the audit included the following:

1. Review of NMPNS regulatory commitment management program, including the commitment tracking system and procedures for management of changes to the regulatory commitments;

2. verification of the licensee's implementation of NRC regulatory commitments that have been completed; and

3. verification of the licensee's program for managing changes to NRC regulatory commitments.

b) For the purpose of this audit, the NRC staff considered:

1. The commitments made by the licensee since the previous audit on April 21-24, 2008 (ADAMS Accession No. ML081210539), on the completed licensing actions, as described in NEI 99-04, such as, License Amendment Requests, Requests for Exemptions, Requests Reliefs, Responses to Generic Communications, etc.

2. The "open" commitments on the licensing actions completed prior to previous audit on April 21-24, 2008, when the NRC staff found it necessary to include them in the sample upon reviewing the "Description of the commitment".

3. A sample of individual and unrelated regulatory commitments that were approved by the NRC to justify a licensing action or resolve a licensing activity. This sample emphasized regulatory commitments encompassing a variety of systems, engineering disciplines, and licensing actions.

c) Before the audit, the NRC staff searched the licensee's submittals for licensing actions and licensing activities in ADAMS since the previous audit on April 21-24, 2008. The NRC staff also used the agency's Time Resource Inventory Management (TRIM) database to generate a licensing action report for each of the Nine Mile Point Units from the previous commitment audit, April 21-24, 2008. The licensing action documents were searched for commitments that fit the LlC-105 definition. Several license amendments, a relief request, and generic letter (GL) resolution letters were selected for review. The scope of the audit and the regulatory commitments selected for the audit was provided to NMPNS a few days in advance of the site visit to facilitate an effective audit.

-3 NRR Office Procedure LlC-1 OS, "Managing Regulatory Commitments Made By Licensees to the NRC," limits the focus of the audit of regulatory commitments to those made in writing to the NRC as a result of past licensing actions (amendments, reliefs, exemptions, etc.) or licensing activities (bulletins, generic letters, etc.). Accordingly, the commitments integrated into the final safety analysis report (FSAR), quality assurance program, site security plan, emergency plan, or other documents governed by a change-control mechanism contained in regulations such as Title 10 of the Code of Federal Regulations (10 CFR), Section 50.59 or 50.54 are excluded from the scope of the audit. Commitments made in Licensee Event Reports or in response to Notices of Violation may be included in the sample, but the review will be limited to verification of restoration of compliance, not the specific methods used.

The audit excluded the following types of commitments:

(1) Commitments as a result of Licensee Event Reports (LER)s - These commitments are controlled by the licensee's LER process, which is imposed by 10 CFR 50.73.

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

(3) Commitments that pertain to milestones of licensing actions/activities, i.e.,

commitments made as an internal reminder to take actions to comply with existing regulatory requirements such as regulations, Technical Specifications, and Updated Final Safety Analysis Reports (UFSARs), commitments that respond to an NRC request for additional information (RAI) by a certain date, etc ..

Fulfillment of these commitments was indicated by the licensee having taken timely action in accordance with the subject requirements.

(4) Commitments made as part of Condition Reports. These commitments are controlled by the licensee's corrective action process which is a separate licensee-controlled management program than the Electronic Performance Improvement Center (e-PIC).

(5) The steps to implement the License Conditions imposed as the result of the NRC approval of the amendment for extended power uprate for Unit 2 (TAC No.

ME1476).

(6) Commitments made as part of the NRC approval of the Application for License Renewal (TAC Nos. MC3272 & MC3273) for Units 1 and 2 respectively. These commitments are a part of the respective UFSAR, Appendix C, and therefore, are controlled by the licensee's UFSAR change program.

Table 1 contains the list of the NMPNS regulatory commitments selected for the audit.

-4 2.1 Review of NMPNS Regulatory Commitment Management Program The focus of this part of the audit is to review the NMPNS regulatory commitment management program, including the commitment tracking system and procedures for management of changes to the regulatory commitments.

The licensee does not have a dedicated system for managing regulatory commitments. The licensee utilizes its existing system called e-PIC. The licensee's regulatory commitments are entered into e-PIC either as Nuclear Licensing actions items (NLs) or Action Items (Als).

NMPNS manages their regulatory commitments through its "Constellation Nuclear Generation

[CNG] Fleet Administrative Procedure - Commitment Management," CNG-NL-1.01-1 006, Revision 0200. Revision 0200 of the procedure became effective on December 15,2010, and is also applicable to Calvert Cliffs and R.E. Ginna Nuclear Power Plants as well as for corporate offices of CNG. The procedure describes the process and establishes the controls for identifying, implementing, closing, changing, and managing regulatory commitments in correspondence between CNG and the NRC or other regulatory agencies. The licensee provided the following additional explanations about its Commitment Management Program:

1) NMPNS does not have a plant specific instruction to supplement the corporate procedure, CNG-NL-1.01-1006, for Commitment Management. The computer system used for commitments is governed by the corrective action program and associated training. The software application for implementing the corrective action program is called lie-PIC". A module within e-PIC for tracking NLs is used for commitments. The training for using the module of the computer system for action item tracking is available.

2) This system is not exclusively used for Regulatory Commitments.

3) Regulatory commitments are identified in the text of the description.

4) NMPNS used an, "old," system, "Nuclear Commitment Tracking System," (NCTS) up to 2010, when NCTS was retired and all the existing commitments were transferred over into e-PIC. Items transferred from NCTS have a note included in the text referring to the NCTS system. The data from NCTS is available for reference.

5) Commitment changes are identified by completing the checklist (Attachment 1) of CNG NL-1.01-1006, "NRC Regulatory Commitment Change Evaluation Summary," This form is attached to changed commitments in e-PIC. The text of the commitment is updated to explain the change.

6) Recurring commitments are tracked by opening new sub-actions under the original NL and cross-referencing within the NL that a new action was created, with a requirement in the new action to create another action when the current action is completed. For example, NL-201 0-000018 is the action item tracking the recurring commitment for completing examinations of the HPCS nozzles safe end weld. This commitment recurs every 4 years. Sub actions NL-2010-000018-003 and 004 are tracking the completion of this commitment in 2016. In 2016, when these 2 sub-actions are closed, new sub-actions NL-2010-000018-005 and 006 will be created.

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7) The commitments that have been modified or deleted that were reported and were not reported have been annotated in the attached pdf files in the system.

8) Commitments made as part of license renewal are included in Appendix C of the NMP 1 UFSAR and NMP2 USAR, Appendix C. The commitments are also included in the commitment management database.

The NRC staff reviewed Procedure CNG-NL-1.01-1 006, and compared it with the guidance in NEI 99-04 and the NRR Office Instruction, LlC-105. In general, the NRC staff found that the licensee's program/procedure is generally consistent with the NEI guidance, NEI 99-04 for commitment management. It sets forth the need for identifying, tracking, and reporting regulatory commitments, and it provides a mechanism for changing regulatory commitments.

NEI 99-04 provides only the core requirements for the commitment management program.

However, the NRC audit team noted that the implementation of the NMPNS's CMP/Procedure is not consistent and uniform. Therefore, the licensee's program document CNG-NL-1.01-1006, Revision 0200, needs considerable improvements, to provide specificity, clarity, consistency, and uniformity for proper implementation of the program as enumerated below:

• The Document CNG-NL-1.01-1006, Commitment Management, Revision 00200 does not address the instructions for using the software system (e-PIC) for entering and tracking the regulatory commitments - or- does not refer to the instructions either, such as, special access is needed to enter "NL type" commitments. There is more than one system used, as observed by the commitment nos. provided by the licensee; e-PIC, NCTS, and some other system during transition (e.g., NMP2-2160). The conversion from the historical NCTS system occurred in 2010. The current system is called e-PIC.

• The licensee's explanations listed previously in this section should be part of the program document, CNG-NL-1.01-1006 (e.g., the commitments are "closed" either when they are changed or completed; for Recurring/On-Going Commitments, they are tracked by opening new sub-actions under the original NL and cross-referencing within the NL that a new action was created).

• When entering the commitment, as a minimum, the input should include: the source document; the text of the commitment in verbatim to ensure that the correct commitment is entered, tracked, and implemented; the due date for implementation of the commitment; the frequency of implementation for a recurring commitment; and the status of the commitment. Sub-Action Items (Le., -OOX) should be used for the actions required to implement the commitment, such as a revision of a procedure/design/drawing, development of a procedure/design/drawing, etc. (with corresponding responsible departmenVperson),and its own due date for implementation. Instructions should also be provided for closing the completed commitment, including the instructions as to which closure documents are needed to be attached to the regulatory commitment in the e-PIC system, (e.g., updated procedure pages, TS Bases pages, UFSAR pages, Drawings, pages from the engineering change packages, etc.)

• Regulatory Commitments are not uniquely identified in the system. They are identified either as "NL", "AI", or some other symbol during transition from old to new system. All

- 6 commitments identified in the system as "NL" or "AI" are not "Regulatory Commitments, Le., part of a submission to the NRC (via a letter to NRC).

• For tracking the commitment and the sub-action in the system, the input in the system should show the status in a consistent manner (Le., open, closed-revised, closed completed, revised-NRC informed, revised-NRC not informed, etc.)

• Similar to the process flow chart for changing the regulatory commitments, the process flow diagram for entering (documenting), implementing (completing), and closing the commitment should be included in the procedure, CNG-NL-1.01-1 006.

The remainder of the audit evaluated the effectiveness of the procedures by exploring the products produced by the procedures.

2.2 Verification of Licensee's Implementation of NRC Regulatorv Commitments The primary focus of this part of the audit is to confirm that the licensee has implemented those commitments made to the NRC as part of past licensing actions/activities. For commitments that had not yet been implemented, the NRC staff aimed to ascertain that those commitments had been properly entered in the program for future implementation.

Audit Results The NRC staff reviewed licensee's program for tracking the commitments listed in Table 1 to evaluate the status of completion. The NRC staff found that the licensee's commitment tracking program had captured all the regulatory commitments that were identified by the NRC staff before the audit.

The NRC staff reviewed the documentation associated/included in licensee's e-PIC system with each of the commitments listed in Table 1 to evaluate the status of completion of various components of each commitment. In general, each commitment comprises multiple tasks and components, such as revising appropriate plant procedures, revising appropriate sections of the UFSAR, revising appropriate sections of TS Bases, revising training manuals, and training of the personnel, etc.. The NRC staff reviewed the information associated with each commitment to determine the status of completion. The NRC staff found that the licensee's e-PIC captured all the regulatory commitments that were identified by the NRC staff before the audit.

The NRC staff also reviewed other sources of information, in particular licensee submittals, to verify implementation of commitments. The review results are shown in the far right column of Table 1, where appropriate. Table 1 lists the commitments audited and summarizes what the NRC staff observed as the current status of licensee regulatory commitments and the auditor's comments in bold italics, where applicable. The NRC staff did not identify any issues regarding the implementation status of these regulatory commitments.

However, the audit team made the following observations pertaining to utilization of the system:

1) The source document and/or closure documents are not attached or referenced in the system in consistent manner. See notes in Table 1 for affected commitments.

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2) The commitments made by the corporate office are neither entered, nor tracked in the licensee's system (i.e., items related to license transfer and cyber security licensing actions). See notes in Table 1 for affected commitments. These types of commitments must be entered and tracked in the NMPNS program.

While the licensee staff provided the audit team with the correct documents to address the specific question on the sample commitments, the licensee should take appropriate steps in timely manner, to address the current extent of similar situations, and to avoid similar situations.

2.3 Verification of the Licensee's Program for Managing 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 process used at NMP 1 and 2 is contained in Procedure CNG-NL-1.01-1006. Section 5.4 and Attachments 1 and 2 of the procedure CNG NL-1.01-1006 provide details regarding making changes to a commitment. In general, CNG-NL 1.01-1006 is consistent with the guidance of NEI-99-04. It provides a mechanism for changing commitments which includes notifying the NRC.

The audit also verified 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 design features or operating practices require evaluation in accordance with the commitment change control process.

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.

Audit Results The attached Table 1 provides details of this portion of the audit and its results. Notes in Table'1 provide the audit team's comments, if any, in bold italics.

There was one commitment in the sample that was changed. The change involved the change to the scheduled implementation date (Items No.6, in Table 1, NCTS-504646, Task #5, for Unit 2, also, NL-2010-000019-002 & -004). It was noted that the commitment change, while explained in the letter to the NRC, did not include the completed checklist, as required by the procedure.

However, the NRC staff found no reason to differ from the licensee's reported status of the audited commitments. Thus, the NRC staff finds that the procedure used by the licensee to manage commitment changes is appropriate and effective.

2.4 Review to Identify Misapplied Commitments The commitments reviewed for this audit were also evaluated to determine if they had been misapplied. A commitment is considered to be misapplied if the action comprising the

- 8 commitment was relied on by the NRC staff in making a regulatory decision such as a finding of public health and safety in an NRC safety evaluation associated with a licensing action.

Reliance on an action to support a regulatory decision must be elevated from a regulatory commitment to a legal obligation (e.g., license condition, condition of a relief request, regulatory exemption limitation or condition). A commitment is also considered to have been misapplied if the commitment involves actions that were safety significant (i.e., commitments used to ensure safety).

Each of the commitments selected for the audit sample was reviewed to determine it had been misapplied, as described in paragraph above.

The audit team also reviewed the description of all "open" commitments from the inception of the licensee's commitment management program to determine if any should be included in the audit sample. Based on its review, the NRC staff did not find it necessary to include in the audit sample any "open" commitments prior to the last audit in April 20-24, 2008.

Review of Safety Evaluations for Licensing Actions since the Last Audit to Determine if They Are Properly Captured as Commitments or Obligations In addition to the review of the descriptions of the commitments selected for the audit sample, all safety evaluations for the license amendments, exemptions, and relief requests that have been issued for a facility since the last audit were identified. These documents were evaluated to determine if they contained any misapplied commitments as described above.

The NRC staff found that the safety evaluation either: (a) did not discuss the commitments (therefore, it can be concluded that the staff did not rely on the commitments to make its determination regarding the licensing action), or (b) stated that the NRC staff found that the commitments need not be elevated from a regulatory commitments to a legal obligations. Notes in Table 1 provide the audit team's comments, if any, in bold italics. Based on the NRC staff evaluation of the safety evaluations that have been issued since the last audit, the NRC staff did not find any misapplied commitments

3.0 CONCLUSION

The NRC staff concludes that, based on the audit, (1) the licensee's program for managing Regulatory commitment is generally consistent with NEI 99-04, (2) the licensee had implemented NRC commitments on a timely basis; (3) the licensee had implemented an effective program to manage regulatory commitment changes, and (4) there were no misapplied commitments.

During the exit meeting on August 16, 2012, the NRC audit team's observations were discussed with the licensee. The licensee informed the NRC audit team that the Nine Mile Point Corrective Action Program Condition Report #CR-2012-006793 will address and track these program and procedure weaknesses.

-9 4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT John Dosa Dennis Vandeputte Theresa Darling Kenneth Kristensen Principal Contributors: B. Vaidya S. Basturescu Date: August 31, 2012

TABLE 1 LIST OF AUDITED COMMITMENTS AND RELATED INFORMATION (May 2008 THROUGH August 2012)

Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

Environmental qualification of SLC system components for the post-LOCA environment MD5758 associated with the new suppression pool pH control LAR Pursuant to 10 CFR function will be established in accordance with the 50.90:

NMP2L 2160 May 31,2007 station design change process prior to completing CLOSED Application of Alternative 1 NCTS 504633 ML071580314 implementation of the AST license amendment. COMPLETED Source Term.

Task 1 9/19/2008 ML081230439 (No discussion Implementation:

of Commitments)

TAC Closed 05/29/2008 120 days following NRC approval of the license amendment request. I The Emergency Operating Procedures (EOPs) and Severe Accident Procedures (SAPs) will be revised, MD5758 as appropriate, to reflect the post-LOCA function of LAR Pursuant to 10 CFR the SLC system, include instructions to manually 50.90:

NMP2L 2160 May 31,2007 actuate the SLC system based on high dryweU CLOSED Application of Alternative 2 NCTS 504633 ML071580314 radiation levels, and assure that, once initiated, the COMPLETED Source Term.

Task 2 entire contents of the SLC system storage tank are 9/17/2008 ML081230439 (No discussion injected to accomplish the pH control function.

of Commitments)

TAC Closed 05/29/2008 Implementation:

- 2 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, jf any (in bold italics) 120 days following NRC approval of the license 1"----[-

amendlll~nt request.

Training will be provided to licensed operators and shift technical advisors (STAs) for the procedure MD5758 revisions that specifically address sodium LAR Pursuant to 10 CFR pentaborate solution injection for pH control following 50.90: CLOSED NMP2L2160 May 31,2007 a LOCA. Application of Alternative COMPLETED 3 NCTS 504633 ML071580314 Source Term. 9/19/2008 Task 3 Implementation: ML081230439 (No discussion (4) of Commitments) 120 days following NRC approval of the license T AC Closed 05/29/2008 amendment request.

Upon completion and Nuclear Regulatory Commission (NRC) approval of the new industry ME7848 & MD7849 generic Technical Specifications currently under GL2008-01 development by the Technical Specification Task TAC Closed 01-21-2010 October 14, Force (TSTF), NMPNS will review these NL-2010 ML093511024 (SE States OPEN 4 2008 requirements and submit License Amendment 000019-001 that there is "satisfactory (1)

ML082900036 Requests for NMP 1 and NMP2, as appropriate.

implementation of Commitments through Implementation:

TI2515/177)

UJ>on NRC approval of the TSTF Traveler NL-2010 NMPNS will complete follow up confirmatory ME7848 & MD7849 CLOSED 000019-003 ultrasonic testing (UT) to validate the effectiveness GL2008-01 COMPLETED October 14, Unit 1: of the evaluations and actions taken to date to TAC Closed 01-21-2010 The commitment 5 2008 NCTS 504646, address discrepancies. ML093511024 (SE States should not have been ML082900036 Task#2 that there is "satisfactory entered in the new Unit2: Implementation: implementation of system because it

- 3 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

NCTS 504646, Commitments through was completed prior Task#3 NMPI: Completion of NMP1 2009 spring refuel TI2515/177) to transition to new outage system..

NMP2: March 2009 NMPNS will implement modifications to install new Unit 1: vent valves to improve fill and vent activities outage' ME7848 & MD7849 NCTS 504646, of the subject systems. CLOSED GL2008-01 Task #4 COMPLETED TASK TAC Closed 01-21-2010 Unit2: October 14, Implementation: #4 04/06/2009 ML093511024 (SE States 6 NCTS 504646, 2008 REVISED Task #5 that there is "satisfactory Task #5 ML082900036 NMPI: Completion of NMP1 2009 spring refuel and COMPLETED implementation of NL-2010 outage 05/20/2012 Commitments through 000019-002 & NMP2: Completion of NMP2 2010 spring refuel (2), (4)

TI2515/177) 004 outage NMPNS will revise identified NMP 1 and NMP2 operating and test procedures for Emergency Core ME7848 & MD7849 Cooling Systems and Shutdown Cooling Systems to GL2008-01 NCTS 504646 incorporate fill and vent improvements identified TAC Closed 01-21-2010 CLOSED Unit 1: October 14, during Generic Letter (GL) 2008-01 evaluation. ML093511024 (SE States COMPLETED BOTH 7 Task #6 2008 that there is "satisfactory Task#7: 07108/2009 Unit 2: ML082900036 Implementation: implementation of Task#6: 02/27/2009 Task #7 Commitments through NMPI: February 2009 TI2515/177)

NMP2: July 2009 NMPNS will revise NMP2 calculation related to Loss ME7848 & MD7849 NCTS 504646 October 14, CLOSED-8 Unit 2: of Coolant Accident analysis input parameters to GL2008-01 2008 COMPLETED Task #8 address the impact on injection flow rates due to TAC Closed 01-21-2010 ML082900036 03/09/2009 voided piping found in the Low Pressure Core Spray ML093511024 (SE States

-4 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics) piping at the outside containment isolation valve. that there is "satisfactory implementation of Implementation: Commitments through TI2515/177)

March 2009 --- ---

ME7848 & MD7849 NMPNS will revise the Constellation fleet design GL2008-01 change process procedure to incorporate additional TAC Closed 01-21-2010 NCTS 504646 October 14, controls for evaluating gas intrusion issues. CLOSED ML093511024 (SE States 9 Both Units: 2008 COMPLETED BOTH that there is "satisfactory Task # 9 ML082900036 Implementation: 06/09/2009 implementation of Commitments through June 2009 TI2515/177)

NMPNS will evaluate the cause of the voiding in the Nine Mile Point 2 (NMP2) Core Spray Low (CSL)

ME7848 & MD7849 and Residual Heat Removal (RHR) systems and GL2008-01 determine what design changes, if any, will be TAC Closed 01-21-2010 NCTS 504646 required. The required design changes will be CLOSED July6,2009 ML093511024 (SE States 10 Unit2: implemented by the end of the spring 2010 refueling COMPLETED ML091950416 that there is "satisfactory Task #10 outage. 10/22/2009 implementation of Commitments through Implementation:

TI2515/177) 11/15/2009 ----

NMPNS will send a supplemental response to the ME7848 & MD7849 NCTS 504646 NRC by 12/15/09 informing them of the design GL2008-01 CLOSED July 6, 2009 11 Both Units: changes that will be implemented to minimize the TAC Closed 01-21-2010 COMPLETED BOTH ML091950416 Task#11 voiding of CSL and RHS piping and the completion ML093511024 (SE States 12/15/2009 dates, if any. tbat there is "satisfactory

- 5 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics) implementation of Implementation: Commitments through TI2515/177) 12/1512009 NMPNS will implement the design changes to ME7848 & MD7849 minimize voiding in the Low Pressure Core Spray GL2008-01 System (CSL) and Residual Heat Removal System TAC Closed 01-21-2010 NCTS 504646 December 14, CLOSED (RHS) at Nine Mile Point Unit 2 (NMP2). ML093511024 (SE States 12 Task #12 for 2009 COMPLETED BOTH that there is "satisfactory Both Units ML093631558 5/1/2010 Implementation: implementation of Commitments through End of S rin 2010 Refuelin T12515/177 If NRC approves and the transaction is subsequently consummated, form a Nuclear Advisory Committee ME0446 & ME0447 FLL 09-0001 and include the requirement for an annual report in License Transfer & LAR CLOSED January 22, NMP1L 2318 the forming document. TAC Closed 11-02-2009 COMPLETED 13 2009 AI-2009 ML092590194 12/31/2009 ML090290101 000037-002 Implementation: ML092570594 (SE) (No (5) discussion of Commitments)

On consummation of the transaction Review QATR for changes to duties of CNO, CEO, and other executive officers resulting from EDF ME0446 & ME0447 FLL 09-0001 transaction and make any changes within six months License Transfer & LAR CLOSED January 22, NMP1L2318 following the closure of the transaction TAC Closed 11-02-2009 COMPLETED 14 2009 AI-2009 ML092590194 12/31/2009 ML090290101 000037-001 Implementation: ML092570594 (SE) (No (5) discussion of Commitments)

~- --

On consummation of the transaction

- 6 Licensee's Licensee Licensee's Commitment Implementation Source of NRC T AC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

ME0446 & ME0447 Submit new support agreements to the NRC.

FLL 09-0001 License Transfer & LAR CLOSED January 22, NMP1L 2318 TAC Closed 11-02-2009 COMPLETED 15 2009 Implementation:

AI-2009 ML092590194 2/27/2009 ML090290101 000037-003 ML092570594 (SE) (No (5)

February 27,2009 discussion of Commitments)

NMPNS will incorporate the revised acceptance criterion value of 7.5 percent into the TS Bases for ME0898 NMP2 in accordance with the Bases Control LAR to Adopt TSTF-460-A CLOSED AI-2009 March 9, 2009 Program described in TS 5.5.10. TAC Closed 08-18-2009 COMPLETED 16 000094 ML090780250 ML092260127 10/28/2009 Implementation: (No Discussion of (6)

Commitments)

NA ME4331/4332 Cyber Security Plan Revise Section 4/13 of the Cyber Security Plan (RAI MI11152A037 CLOSED 1)

April 4, 2011 (Implementation COMPLETED NL-2010 17 ML110950664 Commitments not considered 7/1/2011 000055-009 Implementation:

. as Reg. Commitments. Any change would require NRC (3) 7/1/2011 Approval)

TAC Closed 08/19/2011 Complete Tasks 1-7 in the implementation schedule ME4331/4332 (RAI2) Cyber Security Plan April 4, 2011 NL-2010 ML11152A037 18 ML110950664 OPEN 000055-010 Implementation: (Implementation Commitments not considered 12/3112012 as Reg. Commitments. Any

-7 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics) change would require NRC Approval)

TAC Closed 08/19/2011 ME4331/4332 Cyber Security Plan Complete Task 8 in the implementation schedule is ML11152A037 completed (RAI 2)

April 4,2011 (Implementation NL-2010 19 M L 110950664 Commitments not considered OPEN 000055-011 Implementation:

as Reg. Commitments. Any change would require NRC 2/26/2016 Approval)

TAC Closed 08/19/2011 ME6237/ME6238 Provide the NRC with the final effective joint proxy Indirect Transfer of Control of statements/prospectus relating to the transaction Licenses FLL 11-009 CLOSED filed with the Securities and Exchange Commission ML113560373 NMP1L2548 May 12, 2011 COMPLETED 20 Exelon ML111370174 ML113560438 (SE) (No 10/13/2011 Implementation:

01214061-01 discussion of (5)

Upon filing the documents with the SEC. Commitments)

TAC Closed 02/15/2012 ME6237/ME6238 Indirect Transfer of Control of FLL 11-009 Update List of Required Regulatory Approvals. Licenses CLOSED NMP1L2548 May 12, 2011 ML113560373 COMPLETED 21 Holdeo NL- Implementation:

ML111370174 ML113560438 (SE) (No 12/28/2012 2011-000015 discussion of (5) 003 & -001 As information becomes known.

Commitments)

TAC Closed 02/15/2012

-8 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

ME6237/ME6238 Submit the final support agreements to the NRC Indirect Transfer of Control of FLL 11-009 licenses once executed. CLOSED NMP1L2548 ML113560373 May 12, 2011 COMPLETED 22 Holdco NL ML111370174 Implementation: ML113560438 (SE) (No 12/31/2009 2011-000015 discussion of (5) 002 As information becomes known. Commitments)

TAg Closed 02/15/2012 In accordance with Reference (a) as approved by Nuclear Regulatory Commission (NRC) in Reference ME6593 (b), Calvert Cliff Nuclear Power Plant. R. E. Ginna Extension of Fire Protection Nuclear Power Plant. and Nine Mile Point Nuclear Enforcement Discretion CLOSED/COMPLET June 20,2011 NL-2011 Station will submit license amendment requests ED 23 ML11179A032 ML112000464) (No 000011-001 LARs to implement 10 CFR 50.48(c). 6/13/2012 discussion of (6)

Implementation: Commitments)

T AC Ciosed07/28/20 11 June 29,2012 ME1476 Extended Power U prate NMPNS will revise the ACM Rev. 4.1 model to Operation provide bias and uncertainty values over frequency ML112930470 (SE) (Section CLOSED/COMPLET November 5, ranges consistent with those used for ACM Rev. 4.0.

NL-2010 4.0 discussed Commitments. ED 24 2010 000058-004 But states that the staff has 12/10/2010 ML103130512 Implementation:

determined that no (2), (4)

"regulatory Requirements are December 10, 2010 needed)

TAC Closed 12/22/2011

- 9 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

NMPNS will conduct in-situ Boron-10 Areal Density ME1476 Gauge for Evaluating Racks (BADSGER) testing on Extended Power Uprate the Phase 1 BORAL Racks installed at NMP2 in Operation 2001 on a 10 year frequency, beginning in 2012. The ML112930470 (SE) (Section BADGER testing program will be the surveillance NL-2011 June 13, 2011 4.0 discussed Commitments. OPEN 25 program for the Phase 1 BORAL Racks installed at 000008-001 ML11171A059 But states that the staff has (2)

NMP2 in 2001.

determined that no "regulatory Requirements are Implementation:

needed)

TAC Closed 1212212011 10-year frequency, beginning in 2012.

Prior to power ascension, NMPNS plans to update the sample limit curves using the power ascension strain gage data from the Current Licensed Thermal ME1476 Power (CL TP). This approach is a lesson leamed Extended Power Uprate from the Hope Creek EPU power ascension where Operation NL-2012 plant noise profiles and refurbished strain gauges ML112930470 (SE) (Section CLOSED/COMPLET August 5, 000010-005 impacted the limit curves, requiring the regeneration 4.0 discussed Commitments. ED 26 2011 NL-2012 of the curves. The regenerated limit curves will be But states that the staff has 5/31/2012 ML11221A011 000017-001 submitted to the NRC prior to commencing power determined that no (6) operations above CLTP. "regulatory Requirements are needed)

Implementation: TAC Closed 12122/2011 F'riQl"J() commencing power operations above CLTP.

In accordance with ASME Section III NB-3200, ME1476 November 1, NL-2011 stress based fatigue monitoring at Nine Mile Point Extended Power Uprate OPEN 27 2011 000022-001 Unit 2 (NMP2) will include all six stress components. Operation (2)

ML113120336

~-----

ML112930470 (SE) (Section

- 10 I

Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

Implementation: 4.0 discussed Commitments.

But states that the staff has This commitment will apply for the NMP2 period of determined that no extended operation. commencing on November 1. "regulatory Requirements are 2026. needed)

TAC Closed 12/22/2011 Complete the modification and associated implementing procedures to provide the Division 3 ME3736 diesel generator (DG) with a source of backup Extension of the Completion cooling water from the fire protection water supply Time for an Inoperable Diesel CLOSED/COMPLET system and its associated diesel- driven fire water Generator NL-2010 July 25. 2011 ED 28 pumps. TAC Closed 10/31/2011 000051-001 ML11214A214 6/14/2011 ML112200155 (Commitments (1), (4)

Implementation: discussed but states that there is no need for 90 days following NRC approval of the license "Regulatory Requirements. ")

amendment request.

Prepare or revise appropriate procedures and training to include provisions for implementing ME3736 compensatory measures and configuration risk Extension of the Completion management controls when entering an extended Time for an Inoperable Diesel CLOSED/COMPLET DG completion time (CT) (greater than 72 hours3 days <br />0.429 weeks <br />0.0986 months <br /> and Generator ED NL-2010 July 25, 2011 up to 14 days). including the following:

29 TAC Closed 10/31/2011 1/10/2012 000051-002 ML11214A214 ML112200155 (Commitments (1)

a. The other two DGs are operable and no planned discussed but states that maintenance or testing activities are scheduled on there is no need for those two DGs. Should the Division 3 DG become "Regulatory Requirements. ")

inoperable after entering the extended DG CT, plant shutdown will be initiated if the Division 3 DG cannot

- 11 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics) be restored to operab e status within 24 hours1 days <br />0.143 weeks <br />0.0329 months <br /> (unless the applicable TS Condition is exited by restoring the Division or Division 2 DG to operable status).

b. No planned mainte nance or testing activities are scheduled in Scriba S ubstation, the Nine Mile Point Unit 2 (NMP2) 115 k\ switchyard, or on the 115 kV power supply lines an d transformers which could cause a line outage a challenge offsite power availability.

c. The high pressure ore spray (HPCS) system is operable and no planl ed maintenance or testing activities are scheduh d.

d. The reactor core isalation cooling (RCIC) system is operable and no pic nned maintenance or testing activities are scheduh d.

e. The NMP2 and Nir e Mile Point Unit 1 (NMP1) diesel-driven fire pum ps and the cross-tie between the NMP2 and NMP 1 fire protection water supply systems are available to provide a backup cooling water supply to the Di vision 3 DG and no planned maintenance or testin g activities are scheduled.

f. The Division 1 and Division 2 residual heat removal (RHR) pumps and the low pressure core spray (LPCS) pump Q. e operable and no planned

- 12 licensee's licensee licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics) maintenance or testing activities are scheduled.

g. Both divisions of the redundant reactivity control system and the standby liquid control system (eqUipment required for mitigation of anticipated transients without scram (ATWS) events) are operable and no planned maintenance or testing activities are scheduled.

h. The stability of existing and projected grid conditions will be confirmed prior to planned entry into the extended DG CT by contacting the transmission system operator (TSO).

i. Operating crews will be briefed on the DG work plan. As a minimum, the briefing will include the following important procedural actions that could be required in the event a loss of offsite power (LOOP).

station blackout (SBO), or fire condition occurs:

- Alignment of the fire protection water supply system to provide cooling water to the Division 3 DG.

- Establishing the cross-connection to allow the Division 3 DG to power either Division 1 or Division 2 loads.

- Utilizing the portable generator as a backup source of AC power to one of the Division 1 or Division 2 battery chargers.

- 13 licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

- Utilizing t e portable power supplies to maintain operability of the safety relief valves (SRVs).

- Closing c ntainment isolation valves in the drywell floor drain nd equipment drain lines.

j. The exte ded DG CT will not be entered for planned m intenance if severe weather conditions (high windl tornado, or heavy snow/ice) with the potential tc degrade or limit offsite power availability are presen or if official weather forecasts are predicting: uch conditions to occur.

k. Except f r the room housing the inoperable DG, no hotwor permits will be active for the control building or he normal switchgear rooms.

1. A portat e generator is available as a temporary backup SOl rce of AC power to one of the Division 1 or Division 2 battery chargers and is prestaged within the protect d area near the NMP2 control building.

m. Four pc rtable power supplies are available for use to facil ate operation of safety relief valves to maintain R PV pressure control for an extended SSO condition a nd are verified to be functional.

Implement tion:

90 days fol owing NRC approval of the license L--

amendmer.t request.

- 14 Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

In accordance with BWRVIP guidelines, NMPNS will submit to the NRC an evaluation to support ME7607 establishment of inspection intervals for the new Pre-Application Review for holddown beams in accordance with criteria Use of Modified Alloy 718 contained in the latest revision of BWRVIP-41, Material in Jet Pump "BWR Vessel and Internals Project, BWR Jet Pump Holddown Beams No Assembly Inspection and Flaw Evaluation submission/ME7800 December 30, NL-2011 Guidelines." This NMPNS evaluation will be Use of Modified Alloy 718 30 2011 OPEN 000024-001 submitted approximately one year prior to the next Material in Jet Pump ML12009A118 scheduled NMP2 refueling outage following Holddown Beams. T AC installation of the Modified Alloy 718 jet pump Closed 04/13/2012 holddown beams. ML120940373 (Commitments discussed but states that Implementation: there is no need for "Regulatory Requirements. ")

March 1, 2013 CLOSED NMPNS commits to the guidance of NUMARC 93-0 COMPLETED 1, Revision 2, Section 11, which provides guidance ME2994 07/30/2010 and details on the assessment and management of Add LCO 3.0.9 per TSTF427 December 18, (2), (6)

AI-2009 risk during maintenance. using CUIP 31 2009 (Commitments 000649-003 TAC Closed 06/29/2010 ML093580130 discussed. Staff Implementation: ML101580181 found the commitment Ongoing "acceptable. 'J NL-2010 On or before November 30,2010, we will WITHDRAWN AND September 00053-001 supplement our Cyber Security Plan to clarify the REPORTED TO 32 27,2010 NCTS scope of systems described in Section 2.1, Scope NRC BY LETTER ML102770092 504668-00, -----

and Purpose. -----

DATED 11/29/2011

- 15

,~~ ---------

Licensee's Licensee Licensee's Commitment Implementation Source of NRC TAC No. and NRC Item No. Tracking Commitment Status and NRC staff Submittal Document Number (NL#) Comments, if any (in bold italics)

Task #1 (2)

Section 2.1 will be amended to clarify the balance of plant SSCs that will be included in the scope of the

_ cy~rseQuJ:i!yprogram.

Note: (1) The database system used by the licensee incorrectly identified the source document for this commitment.

(2) The database system used by the licensee did not identify the source document for this commitment.

(3) The database system used by the licensee incorrectly identified the closure document for this commitment.

(4) The database system used by the licensee did not identify the closure document for this commitment.

(5) The database system used by the licensee did not track the commitment due to it being a corporate commitment.

(6) The database system used by the licensee did not show a verbatim listing for this commitment.

K. Langdon -2 However, as described in the enclosed audit report, the NRC audit team noted that the implementation of the NMPNS's Commitment Management Program/Procedure is not consistent and uniform. Therefore, the licensee's program document CNG-NL-1.01-1006, Revision 0200, needs considerable improvements, to provide specificity, clarity, consistency, and uniformity for proper implementation of the program.

During the exit meeting on August 16, 2012, the NRC audit team's observations were discussed with the licensee. The licensee informed the NRC audit team that the Nine Mile Point Corrective Action Program Condition Report #CR-2012-006793 will address and track these program and procedure weaknesses.

Details of the audit are set forth in the enclosed audit report.

The NRC staff appreciates the resources that were made available by your staff for performing the audit.

If you have any questions, please contact me at 301-415-3308.

Sincerely,

/raJ Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410

Enclosure:

As stated cc w/encl: Distribution via Listserv DISTRIBUTION PUBLIC LPL 1-1 RF RidsNrrDorlLPL 1-1 RidsAcrsAcnw&mMailCenter RidsNrrPMNineMilePoint RidsNrrLAKGoldstein RidsRg 1 MailCenter S. Meaghan, NRR/DORL Sergiu.Basturescu@nrc.gov NRRIDORLlLPL 1-1 G. Dentel, Region 1 Ken.Kolaczyk@nrc.gov Doug. Dempsey@nrc.gov Erik.Miller@nrc.gov ,1.Hughey, NRR/DORL RidsOgcRp ADAMS Accession No.: ML12235A254 OFFICE LPLI-1/PM LPLI-1/PM LPLI-1/LA LPLI-1/BC SBasturescu GWilson NAME BVaidya KGoidstein i (RGuzman for)

I DATE 08/28/12 08/27/12 08/24/12 08/31/12 OFFICIAL RECORD COpy