ML12256A424
| ML12256A424 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 12/26/2012 |
| From: | John Lamb Plant Licensing Branch 1 |
| To: | Pacilio M Exelon Nuclear |
| Lamb J NRR/DORL/LPL1-2 301-415-3100 | |
| References | |
| TAC ME9536 | |
| Download: ML12256A424 (13) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 26, 2012 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
OYSTER CREEK NUCLEAR GENERATING STATION -AUDIT OF EXELON'S MANAGEMENT OF REGULATORY COMMITMENTS (TAC NO. ME9536)
Dear Mr. Pacilio:
In Regulatory Issue Summary 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff," dated September 21,2000 (Agencywide Documents and Access and Management System (ADAMS) Accession No. ML003741774), the U.S. Nuclear Regulatory Commission (NRC) informed licensees that the Nuclear Energy Institute (NEI) document NEI 99-04 (ADAMS Accession No. ML003696998), "Guidelines for Managing NRC Commitment Changes," contains acceptable guidance for controlling regulatory commitments.
RIS 2000-17 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 Oyster Creek Nuclear Generating Station's (OCNGS's) commitment management program was performed during September - December 2012. The NRC staff concludes, based on the audit, that OCNGS has put into operation an acceptable program for implementing and managing NRC commitments. Details of the audit are set forth in the enclosed audit report.
M. Pacilio
- 2 If you have any questions regarding this letter, please feel free to contact me at (301) 415-3100 or John.Lamb@nrc.gov.
. Lamb, se~r!!!
Licensing Branch 1-2 sion of Operating Reactor Licensing ice of Nuclear Reactor Regulation Docket No. 50-219
Enclosure:
Audit Report 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 LICENSEE MANAGEMENT OF REGULATORY COMMITMENTS OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219
1.0 INTRODUCTION AND BACKGROUND
The U.S. Nuclear Regulatory Commission (NRC) informed licensees in Regulatory Issue Summary (RIS) 2000-17, "Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff," dated September 21, 2000 (Agencywide Documents and Access Management System (ADAMS) Accession No. ML003741774), that the Nuclear Energy Institute (NEI) document NEI 99-04, "Guidelines for Managing NRC Commitment Changes" (ADAMS Accession No. ML003696998) contains acceptable guidance for controlling regulatory commitments. RIS 2000-17 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. 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.
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. An audit of the Oyster Creek Nuclear Generating Station (OCNGS) commitment management program was performed at NRC Headquarters from September - December 2012, with a plant site visit during the period December 10 - 11,2012. The audit reviewed commitments made since the previous audit that was issued on February 27,2009 (ADAMS Accession No. ML090570036).
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.).
2.0 AUDIT PROCEDURE AND RESULTS The audit consisted of three major parts: (1) verification of the licensee's implementation of NRC commitments that have been completed, (2) verification of the licensee's program for managing Enclosure
- 2 changes to NRC commitments and (3) verification that all regulatory commitments reviewed were correctly applied in NRC staff licensing action reviews.
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. 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 design features or operating practices require evaluation in accordance with the commitment change control process.
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 will be 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 table contains a list of those documents that were selected for additional review during this audit.
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
- 3 also reviewed plant procedures, assessment recommendations, work orders, corrective actions, training, qualification certifications and action requests that had been initiated or revised as a result of commitments made by the licensee to NRC, The program has a requirement that the licensee perform an annual review and assessment of site and corporate commitments. The most recent OCNGS 2011 annual review was reviewed by the NRC staff. The 2011 annual review appeared thorough, It identified isolated concerns with procedure annotation. Further, the NRC staff found that appropriate corrective actions were initiated.
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 process used at OCNGS is contained in LS-AA 110 - Revision 9, "Commitment Management." 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 design features or operating practices require evaluation in accordance with the commitment change control process, 2.2.1 Audit Results The NRC staff reviewed the licensee's procedure LS-AA-110, Revision 9. Section 6,1 of the procedure lists NEI 99-04 as a reference, The NRC staff found that LS-AA-11 0 generally follows the guidance of NEI 99-04 and provides detailed instructions for making regulatory commitments, tracking regulatory commitments, annotating documents to provide traceability of commitments, and for making changes to commitments, Therefore, the NRC staff concludes that the procedure used by the licensee to manage commitments provides the necessary attributes for an acceptable commitment management program, The NRC staff also reviewed documents that had been created or revised as a result of commitments made by the licensee to the NRC, The NRC staff noted that the revised documents have annotations referring to commitments as part of the commitment change control process, These annotations serve to prevent the commitments from inadvertently being deleted or altered without having gone through the commitment change process, The NRC staff reviewed the following OCNGS procedures:
- ABN-1, Revision 11, "Reactor Scram,"
EMG-SP2, Revision 0, "Support Procedure 2 Feed and Condensate System Operation,"
1002,6, Revision 15, "Oyster Creek Spent Fuel Rack In-Service Surveillance and Management Program for Boraflex Racks,"
- 665.5.002, Revision 30, "Secondary Containment Leak Rate Test."
- 4 312.10, Revision 19, "Secondary Containment Control."
PBD-AMP-B.1.13, Revision 2, "Open Cycle Cooling Water System."
RP-AA-210, Revision 22, "Dosiemetry Issue, Usage, and Control."
NO-AA-10, Revision 86, "Quality Assurance Topical Report."
PBD-AMP-B.1.15, Revision 1, "Boaraflex Rack Management Program."
CY-AB-120-300, Revision 6, "Spent Fuel Pool."
NF-AA-610, Revision 7A, "On-Site Wet Storage of Spent Nuclear Fuel."
The NRC staff also reviewed the following documents:
NET-300000-01, Revision 0, "BADGER Test Campaign at Oyster Creek," by NETCO (a business unit of Curtiss-Wright Flow Control Corporation).
- Technical Evaluation 01181101-06 by NETCO.
AR 01353678, "Oyster Creek 2011 BADGER Campaign Final Results."
- AR A0703677, "Containment Spray System I ReSUlts."
AR A0703677, "Containment Spray System II Results."
WO R211727, "Perform Internal Inspection of T-9-103."
- WO R2068875, "Perform Internal Inspection ofT-9-103."
- WO R2119978, "Perform Internal Inspection of T-9-104."
WO R2119661, "Perform Internal Inspection ofT-9-104."
- WO R2119747, "Perform External Inspection ofT-9-103."
WO R2190548, "Setup for Containment Spray System I Heat Exchanger Performance Monitoring."
WO R2189970, "Setup for Containment Spray System II Heat Exchanger Performance Monitoring."
WO R2179242, "Temporary Modifications for Trunnion Room "Door Open.""
WO R0803689, "Remove Boraflex Acceleration Sample from Fuel Rack."
WO R0800340, "Boraflex Fuel Rack Inservice Program - Long Term."
Letter dated June 15, 2012, from Allen Smith, Senior Planner RERP& T Unit, to Acting Captain T. Scardino, Bureau Chief, Emergency Response Bureau,
Subject:
FEMA Hot Wash for Oyster Creek Nuclear Generating Station Exercise.
AR 01127995-01-00 stated that OCNGS procedure 665.5.002 was revised. The NRC staff reviewed the procedure and it was not revised. The NRC staff asked the licensee why the procedure was not revised. The licensee looked into the matter and determined that OCNGS procedure 665.5.002 did not need to be revised and that AR 01127995-01-00 should have been revised. The licensee put this item into its corrective action program to revise.
WO R211727 stated that the following regarding the Fire Pond Diesel Fuel Tank "A:"
"Bottom of the tank has a good amount of sludge." The NRC staff questioned the licensee about the cleanup of the sludge in the bottom of the tank. The licensee stated that the vendor, Clean Ventures, cleaned and flushed the tank.
WO R2119978 stated that the following regarding the Fire Pond Diesel Fuel Tank "B:"
5
"... the inside of the tank shows signs of deterioration." The licensee performed ultrasonic thickness (UT) testing on the tank. The NRC staff asked to see the UT data. The NRC staff reviewed the data and the UT readings were consistent with WO R2119978.
The NRC staff asked the licensee to provide silica measurements from the spent fuel pool for the period from January 2010 to present. The NRC staff reviewed the silica measurements used in the Technical Evaluation 01181101-06 by NETCO. The NRC staff confirmed that the readings were consistent.
2.3 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 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 (Le., commitments used to ensure safety).
Each of the commitments selected for the audit sample were reviewed to determine if any had been misapplied. The audit did not reveal any misapplied commitments.
2.3.1 Review of Safety Evaluation Reports for licensing Actions since the Last Audit to Determine if they are Properly Captured as Commitments or Obligations In addition to the commitments selected for the audit sample, all license amendment safety evaluations, exemptions and relief request safety evaluations 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.
A review of all the licensing actions since February 2009 did not reveal any misapplied commitments.
3.0 CONCLUSION
As discussed above, the licensee's procedure used to implement and manage commitments provides the necessary attributes for an acceptable commitment management program.
4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT David Helker Richard Gropp James Kerr Tim Trettel Christy Holtzapple Principal Contributor: John G. Lamb Date: December 26, 2012
Attachment:
Summary of Audit Results
TABLE -
SUMMARY
OF AUDIT RESULTS LIST OF DOCUMENTS REVIEWED Item Source Commitment Timeframe Comments 1
Amendment to Remove The licensee included a regulatory commitment to ensure that During the Requirements of 10 CFR References to GL82-12 work hour limitations are controlled during the period of period of Part 26, Subpart I are ML083500217 3/23/09 implementation at Oyster Creek. The commitment ensures work implementation currently in effect.
hour controls will be in effect continuously, either through the Commitment was current technical specification (TS) requirements or through the effectively controlled requirements of 10 CFR Part 26, Subpart I, during the period of during the period of implementation. Following the implementation period, the implementation.
requirements of 10 CFR Part 26, Subpart I will be in effect.
2 Amendment for Control There was no commitment.
NIA None.
Rod Notch Testing Frequency ML092530561 10/22/09 3
Amendment for There was no commitment.
NIA None.
Relocation of Surveillance Requirement Frequencies ML101930172 9/27/10 4
Amendment regarding There was no commitment.
NIA None.
Secondary Boundary Definition ML102430551 10/18/10 5
Amendment regarding There was no commitment.
NIA None.
Elimination of Daily Testing of Emergency Diesel Generator 6
ML1111701946/16/11
~
~~.....-.....
Amendment regarding f~~=h T ere was no commitment.
NIA None.
Changes to Appendix S, Environmental TSs
-~~..
ML1113101536/28/11 Enclosure
7 10
-2 litem I Source
~
Commitment Timeframe Comments Amendment regarding Cyber Security Plan (CSP)
ML1118613418/10/11
f---=---
8 Relief Request for Alternative Examination for Reactor Pressure Vessel Circumferential Shell Welds ML092520039 9/15/09
~----- 1-=---
Relief Request VR-02 for 5th Inservice Testing Interval (1ST)
ML120050350 1/24/12 9
Relief Request VR-01 for 5th 1ST
~~12Q950337 3/22/12 Relief Request to Extend 4th Inservice Inspection Interval (lSI)
, ML12145A703 6/14/12 The NRC staff acknowledges that, in its submittal dated July 23,2010, Exelon proposed several CSP milestone implementation dates as regulatory commitments. The NRC NIA staff does not regard the CSP milestone implementation dates as regulatory commitments that can be changed unilaterally by the licensee, particularly in light of the regulatory requirement at 10 CFR 73.54 that "Implementation of the licensee's cyber security program must be consistent with the approved schedule." As the NRC staff explained in its letter to all operating reactor licensees dated May 9, 2011 (ADAMS Accession No. ML 10980538), the implementation of the plan, including the key intermediate milestone dates and the full implementation date, shall be in accordance with the implementation schedule submitted by the licensee and approved by the NRC. All subsequent changes to the NRC-approved CSP implementation schedule thus will require prior NRC aQQroval Qursuant in 10 CFR 50.90.
There was no commitment NIA There was no commitment N/A There was no commitment NIA There was no commitment N/A The NRC staff did not allow the regulatory commitments and made a license condition.
None.
None.
None.
None.
11
- 3 litem I Source Commitment Timeframe I Comments U_
-_-c:--,-c 12 Relief Request PR-01 for 5th 1ST ML120050329 6/21/12 13 Generic Letter 2008-01, "Managing Gas Accumulation in Emergency Core Cooling, Decay Heat Removal, and Containment Spray Systems" ML111710746/30/11 14 Bulletin 2007-01, "Security Officer Attentiveness.
ML102600443 9/17/10 15 Bulletin 2011-01, "Mitigating Strategies" ML12160A387 6/14/12 Exemption from specific requirements of Title 10 of the Code of Federal Regulations, Part 50, Appendix R ML110700267 3/30/11 17 16 Exemption from specific requirements of Title 10 of the Code of Federal Regulations, Part 50, Appendix R ML110700451 3/30/11 18 Exemption from specific requirements of Title 10 of the Code of Federal There was no commitment.
There was no commitment.
There was no commitment.
There was no commitment.
There was no commitment.
There was no commitment.
There was no commitment.
N/A N/A N/A N/A N/A N/A N/A None.
None.
None.
None.
None.
None.
None.
-4 litem I Source Commitment I Timeframe I*
Comments u_
'--...-C-=..
Regulations, Part 50, Appendix E ML113410293 12/22/11 19 AR 00885266-02-00 Change procedure.
April 2009 Complete GL 2008-01 commitment.
20 AR 01127995-01-00 Ensure effective Implementation of Trunnion Room License December 2012 Complete Amendment Request 21 AR 011695573-07-00 Use of weighting factors for external exposure F~bruary 2011 Com~lete 22 AR 01169610-07-00 Use of Mururoa air-supplied respiratory protection suits February 2011 Complete r-23 AR 01169709-07-00 Use of Mururoa self-contained respiratory protection suits February 2011 Com~lete 24 AR 01223694-49-00 Approved Cyber Security Plan - Commitment 1 July 2011 Complete 25 AR 01237711-01-00 Satisfy amendment "Implementing Requirements" (Item 3)
September 2011 Complete 26 AR 01289432-01-00 Complete/Evaluate offsite elements of Emergency June 2012 Complete
-27 Preparedness (EP) biennial exercise AR 01306355-01-00 Complete remaining offsite portions of the EP exercise June 2012 Complete 28 AR 01362747-10-00 Regulatory commitment to provide NRC communications June 2012 Complete assessment 29 CCT 09-004 GL 88-020 AP!i12009 OngoiQ9.
30 CCT 09-005 Buried Piping Inspection April 2009 Ongoing 31 CCT09-006 Buried Piping Inspection April 2009 Ongoing 32 CCT 10-001 Rev 1 Boraflex Monitoring December 2010 Ongoing 33 CCT 12-001 9pen cycle cooling water system Janllary 2012 Ongoing 34 CCT 12-002 Open cycle cooling water system March 2012 Ongoing
M. Pacilio
-2 If you have any questions regarding this letter, please feel free to contact me at (301) 415-3100 or John.Lamb@nrc.gov.
Sincerely, IRA!
John G. Lamb, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-219
Enclosure:
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PUBLIC RidsOgcRp Resource RidsNrrPMOysterCreek Resource RidsNrrLAABaxter Resource LPL 1-2 RtF RidsAcrsAcnw_MailCenter Resource SMeighan, DORL TA RidsNrrDpr Resource RidsRgn1 MailCenter Resource GHunegs, RI JKulp, SRI, RI RidsNrrDorlLpl1-2 Resource ADAMS Accession No.: ML12256A424
- via email FFICE LPL 1-2/PM LPL1-2/LA*
LPL1-2/BC NAME JLamb ABaxter MKhanna
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DATE 12/12/12 12/19/12 12/26/12 OFFICIAL RECORD COpy