ML13070A042

Issuance of Amendment No. 271, Relocate Technical Specification LCO 2.17, Miscellaneous Radioactive Material Sources, and Surveillance Requirement 3.13 to Updated Safety Analysis Report

ML13070A042
Person / Time
Site:	Fort Calhoun
Issue date:	03/29/2013
From:	Lynnea Wilkins Plant Licensing Branch IV
To:	Cortopassi L Omaha Public Power District
Wilkins L
References
TAC ME8220
Download: ML13070A042 (13)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555'()001 March 29, 2013 Mr. Louis P. Cortopassi Site Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station 9610 Power Lane, Mail Stop FC-2-4 Omaha, NE 68008 SUB..IECT: FORT CALHOUN STATION, UNIT NO.1-ISSUANCE OF AMENDMENT RE:

RELOCATING TECHNICAL SPECIFICATION LIMITING CONDITION FOR OPERATION 2.17 AND ASSOCIATED SURVEILLANCE REQUIREMENT 3.13 TO THE UPDATED SAFETY ANALYSIS REPORT (TAC NO. ME8220)

Dear Mr. Cortopassi:

The U.S. Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 271 to Renewed Facility Operating License No. DPR-40 for the Fort Calhoun Station, Unit No.1.

The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated March 9, 2012, as supplemented by letter dated October 31, 2012.

The amendment relocates the Limiting Condition of Operation (LCO) 2.17, Miscellaneous Radioactive Material Sources, and the associated Surveillance Requirement (SR) 3.13, Radioactive Material Sources Surveillance, from the FCS TSs to Section 11.2.5 of the FCS Updated Safety Analysis Report (USAR) consistent with the guidance in the Final Commission Policy Statement on Technical Specifications for Nuclear Power Reactors, dated July 22, 1993.

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

Sincerely,

~ nnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285

Enclosures:

1. Amendment No. 271 to DPR-40

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 OMAHA PUBLIC POWER DISTRICT DOCKET NO. 50-285 FORT CALHOUN STATION, UNIT NO.1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 271 Renewed License No. DPR-40

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

A. The application for amendment by the Omaha Public Power District (the licensee), dated March 9,2012, as supplemented by letter dated October 31, 2012, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this license amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

Enclosure 1

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2. Accordingly, Renewed Facility Operating License No. DPR-40 is amended by changes as indicated in the attachment to this license amendment, and paragraph 3.B. of Renewed Facility Operating License No. DPR-40 is hereby amended to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 271, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. The license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance. Consistent with the requirements in 10 CFR 50.71(e), implementation shall include revision to the Updated Safety Analysis Report, as described in the licensee's application dated March 9, 2012, as supplemented by letter dated October 31,2012, and the NRC staff's safety evaluation for this amendment.

FOR THE NUCLEAR REGULATORY COMMISSION

~~,(

Michael T. Markley, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License No. DPR-40 and Technical Specifications Date of Issuance: March 29, 2013

ATIACHMENT TO LICENSE AMENDMENT NO. 271 RENEWED FACILITY OPERATING LICENSE NO. DPR-40 DOCKET NO. 50-285 Replace the following pages of the Renewed Facility Operating License No. DPR-40 and the Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain vertical lines indicating the areas of change.

License Page REMOVE INSERT

-3 Technical Specifications REMOVE INSERT TOC - Page 2 TOC - Page 2 2.17 - Page 1 3.13-Page1

- 3 (4) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form for sample analysis or instrument calibration or when associated with radioactive apparatus or components; (S) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by operation of the facility.

3. This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Section SO.S4 and SO.S9 of Part SO, and Section 70.32 of Part 70; and is, subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

A Maximum Power Level Omaha Public Power District is authorized to operate the Fort Calhoun Station, Unit 1, at steady state reactor core power levels not in excess of 1S00 megawatts thermal (rate power).

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 271 are hereby incorporated in the license. Omaha Public Power District shall operate the facility in accordance with the Technical Specifications.

C. Security and Safeguards Contingency Plans The Omaha Public Power District shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.SS (S1 FR 27817 and 27822) and to the authority of 10 CFR SO.90 and 10 CFR SO.S4(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Fort Calhoun Station Security Plan, Training and Qualification Plan, Safeguards Contingency Plan," submitted by letter dated May 19, 2006.

OPPD shall fully implement and maintain in effect ail provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR SO.90 and 10 CFR SO.54(p). The OPPD CSP was approved by License Amendment No. 266.

Renewed Operating License No. DPR-40 Amendment No. 271

TECHNICAL SPECIFICATION TABLE OF CONTENTS (Continued) 2.13 limiting Safety System Settings, Reactor Protective System 2.14 Engineered Safety Features System Initiation Instrumentation Settings 2.15 Instrumentation and Control Systems 2.16 River Level 2.17 DELETED 2.18 DELETED 2.19 DELETED 2.20 Steam Generator Coolant Radioactivity 2.21 Post*Accident Monitoring Instrumentation 2.22 DELETED 2.23 Steam Generator (SG) Tube Integrity 3.0 SURVEILLANCE REQUIREMENTS 3.1 Instrumentation and Control 3.2 Equipment and Sampling Tests 3.3 Reactor Coolant System and Other Components Subject to ASME XI Boller and Pressure Vessel Code Inspection and Testing Surveillance 3.4 DELETED 3.5 Containment Test 3.6 Safety Injection and Containment Cooling Systems Tests 3.7 Emergency Power System Periodic Tests 3.8 Main Steam Isolation Valves 3.9 Auxiliary Feedwater System 3.10 Reactor Core Parameters 3.11 DELETED 3.12 Radioactive Waste Disposal System 3.13 DELETED 3.14 DELETED 3.15 DELETED 3.16 Residual Heat Removal System Integrity Testing 3.17 Steam Generator (SG) Tube Integrity 4.0 DESIGN FEATURES 4.1 Site 4.2 Reactor Core 4.3 Fuel Storage TOC* Page 2 Amendment No. 11,27,32,38,43,46,64,60,84,86.

93.97,1Q4,122,136,152.

160,176.183.214.230,236.246,248,2&2 271

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 271 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-40 OMAHA PUBLIC POWER DISTRICT FORT CALHOUN STATION, UNIT NO.1 DOCKET NO. 50-285

1.0 INTRODUCTION

By application dated March 9, 2012, as supplemented by letter dated October 31,2012 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. (ML120720151 and ML12306A248, respectively), Omaha Public Power District (OPPD, the licensee) requested changes to the Technical Specifications (TSs) (Appendix A to Renewed Facility Operating License No. DPR-40) for Fort Calhoun Station, Unit No.1 (FCS).

The amendment would relocate the Limiting Condition of Operation (LCO) 2.17, Miscellaneous Radioactive Material Sources, and the associated Surveillance Requirement (SR) 3.13, Radioactive Material Sources Surveillance, from the FCS TSs to Section 11.2.5 of the FCS Updated Safety Analysis Report (USAR) consistent with the guidance in the Final Commission Policy Statement on Technical Specifications for Nuclear Power Reactors, dated July 22, 1993 (58 FR 39132).

The supplemental letter dated October 31, 2012, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the U.S. Nuclear Regulatory Commission (NRC) staff's original proposed no significant hazards consideration determination as published in the Federal Register on November 13, 2012 (77 FR 67684).

2.0 REGULATORY EVALUATION

2.1 Regulatory Requirements Radioactive material sealed sources are used at FCS for instrument response verification, calibration, startup sources, and fission detectors, and may contain byproduct, source, or special nuclear material. Renewed Operating License No. DPR-40 contains license conditions that set forth requirements for receipt, use, and possession of byproduct, source, and special nuclear material. The FCS Renewed Operating License requires compliance with the Enclosure 2

- 2 Commission's regulations found in Title 10 of the Code of Federal Regulations Part 30 (10 CFR 30), Rules of General Applicability to Domestic Licensing of Byproduct Material; 10 CFR 40, Domestic Licensing of Source Material; and 10 CFR 70, Domestic Licensing of Special Nuclear Material.

The regulations in 10 CFR 20 establish standards for protection against ionizing radiation resulting from activities conducted under licenses issued by the NRC. It is the purpose of the regulations in this part to control the receipt, possession, use, transfer, and disposal of licensed material by any licensee in such a manner that the total dose to an individual (including doses resulting from licensed and unlicensed radioactive material and from radiation sources other than background radiation) does not exceed the standards for protection against radiation prescribed in the regulations in this part. Additionally, 10 CFR 20, Subpart F, § 20.1501 establish the regulatory requirements for radiological surveys.

Section 182a of the Atomic Energy Act requires applicants for nuclear power plant operating licenses to include TS as part of the license. The Commission's regulatory requirements related to the content of TS are contained in 10 CFR 50, Section 50.36, "Technical specifications." The TS requirements in 10 CFR 50.36 include the following five specific categories related to station operation: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance requirements; (4) design features; and (5) administrative controls. The regulations in 10 CFR 50.36(c)(2)(ii) state, in part, that:

A technical specification limiting condition for operation of a nuclear reactor must be established for each item meeting one or more of the following criteria:

(A) Criterion 1. Installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary.

(B) Criterion 2. A process variable, design feature, or operating restriction that is an initial condition of a design basis accident or transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier.

(C) Criterion 3. A structure, system, or component that is part of the primary success path and which functions or actuates to mitigate a design basis accident or transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier.

(D) Criterion 4. A structure, system, or component which operating experience or probabilistic risk assessment has shown to be significant to public health and safety.

-3 The regulations in 10 CFR 50.36(c)(3), "Surveillance requirements," state that Surveillance requirements are requirements relating to test, calibration, or inspection to assure that the necessary quality of systems and components is maintained, that facility operation will be within safety limits, and that the limiting conditions for operation will be met.

In a Federal Register notice dated July 22, 1993 (58 FR 39132), the Commission issued its "Final Policy Statement on Technical Specifications Improvement for Nuclear Power Reactors."

This policy statement indicated that technical specifications that do not meet the criteria above can be relocated to licensee-controlled documents, such as the final safety analysis report, and that the criteria may be applied to either standard or custom technical specifications. The policy statement also states that the licensee referencing the policy statement should identify the location and controls for the relocated technical specifications and that the NRC staff will review these submittals to ensure the accountability and the acceptability of these controls.

NUREG-1432, through current Revision 4, "Standard Technical Specifications, Combustion Engineering Plants" (ADAMS Accession No. ML12102A165), identifies improved standard TSs that were developed based on the screening criteria in the Commission's Final Policy Statement and subsequently codified in 10 CFR 50.36.

2.2 Proposed Changes By letter dated March 9, 2012, the licensee requested relocating LCO 2.17, Miscellaneous Radioactive Material Sources, and the associated SR 3.13, Radioactive Material Sources Surveillance, from the FCS TSs to Section 11.2.5 of the FCS USAR. Accordingly, the licensee proposed to revise the TS Table of Contents for LCO 2.17 and SR 3.13 to remove their respective descriptions and replace with the word "DELETED." In addition, LCO 2.17 and SR 3.13 would be removed from the TSs.

3.0 TECHNICAL EVALUATION

By letter dated October 31,2012, in response to an NRC staff request for additional information (RAI) dated October 24,2012 (ADAMS Accession No. ML12284A101), the licensee clarified that Amendment 11, issued on February 4, 1976 (Legacy ADAMS Accession No. 4004002646),

placed LCO 2.17 and SR 3.13 into the FCS Operating License. OPPD stated that the placement in TSs was to comply with a letter from the Atomic Energy Commission (AEC) dated December 16, 1974 and is consistent with RG 1.70.3, "Radioactive Materials Safety for Nuclear Power Plants," dated February 1974, which was later withdrawn. The current guidance is located in RG 8.21 ,"Health Physics Surveys for Byproduct Material at NRC-License Processing and Manufacturing Plants," Revision 1, October 1979, and NUREG-1556, Volume 11, "Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Licenses of Broad Scope," Final Report, April 1999. OPPD stated that it is unnecessary to incorporate more recent guidance (e.g., RG 8.21 and NUREG-1556) into the USAR at this time because TS 2.17 and SR 3.13 requirements for leak testing of byproduct, source, and special nuclear materials are unchanged from those requested of OPPD by the AEC in its 1974 letter, other than minor editorial changes to meet the format of the USAR.

-4 Although RG 1.70.3 was withdrawn, licensees may continue to use it and withdrawal does not affect any existing licenses or agreements. Withdrawal means that the guide should not be used for future NRC licensing activities. The staff concludes that upgrading the proposed relocated TSs to more recent guidance is not appropriate because the requirements for leak testing are consistent with the design basis for the plant.

The October 31, 2012, response to the RAI, also notes that the relocated text from TSs will be placed in USAR Section 11.2.5 because OPPD has custom TSs and therefore does not have a Technical Requirements Document. The NRC staff concludes that placing the relocated TSs in USAR Section 11.2.5 in lieu of a Technical Requirement Document is acceptable because maintenance and changes to the FCS USAR are governed by the review requirement pursuant to 10 CFR 50.59. Under the provisions of 10 CFR 50.59, the licensee is permitted to make changes to the facility and procedures, as described in the USAR, and to conduct tests or experiments not described in the USAR, without prior NRC approval, provided a change to the technical specifications is not involved or the proposed change, test or experiment does not meet the criteria of 10 CFR 50.59(c)(2). A license amendment must be prepared for changes that meet the requirements of 10 CFR 50.59(c)(2). Licensees must maintain records of such changes, supported by a safety evaluation which provides the basis for determining that the change, test, or experiment does not meet the criteria of 10 CFR 50.59(c)(2) and report such changes to the NRC in accordance with 10 CFR 50.59(d)(2). Licensee 10 CFR 50.59 records and analysis are available for NRC inspection.

In accordance with the guidance provided in the "Final Policy Statement on Technical Specifications Improvement for Nuclear Power Reactors," the NRC staff reviewed the proposed changes to the TS and USAR, and concludes that all of the current requirements in the FCS LCO 2.17, Miscellaneous Radioactive Material Sources, and the associated SR 3.13, Radioactive Material Sources Surveillance, are incorporated into the proposed Section 11.2.5 of the FCS USAR In addition, the staff concludes that the requirement found in LCO 2.17 and SR 3.13 do not meet any of the criteria for 10 CFR 50.36( c)(2)(ii) for inclusion into a technical specification as outlined in Section 2 of this safety evaluation. Specifically, LCO 2.17 and SR 3.13 requirements for miscellaneous radioactive sources do not pertain to:

1. Installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary;

2. A process variable, design feature, or operating restriction that is an initial condition of a design basis accident or transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier;

3. A structure, system, or component that is part of the primary success path and which functions or actuates to mitigate a design basis accident or transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier; or

4. A structure, system, or component which operating experience or probabilistic risk assessment has shown to be significant to public health and safety.

-5 Therefore, these TSs can be moved to the USAR in accordance with the Commission's July 1993 Policy Statement. The NRC staff also concludes that in accordance with FCS renewed facility operating license DPR-40 license conditions 1.1., 2.B.2, 2.B.3, 2.B.4, 2.B.5, and 3, OPPD is subject to the requirements specified in 10 CFR 30, 10 CFR 40, and 10 CFR 70. Compliance with the aforementioned license conditions and the regulations is sufficient to control receipt, possession, use, and testing of radioactive material sources. Furthermore, relocation of the requirements to the USAR will make them subject to a 10 CFR 50.59 review before any changes are made. In addition, in its letter dated March 9, 2012, the licensee stated that these proposed changes are in alignment with the NUREG-1432, allowing establishment of these requirements in licensee-controlled documents. The NRC staff concludes that deletion of LCO 2.17 and SR 3.13 is aligned with NUREG-1432, through current Revision 4. Furthermore, by letter dated May 9, 1988 (ADAMS Accession No. ML11264A057), Mr. Thomas E. Murley of the NRC staff identified Standard Technical Specification requirements which should be retained in the new STS and certain requirements which can be relocated to other licensee-controlled documents. These requirements were established in consultations between the NRC staff, Nuclear Utility Management and Resources Committee (NUMARC) and each Owners Group.

Per this letter, LCO 2.17 and SR 3.13 requirements can be relocated to a licensee's controlled documents and are subject to the controls of 10 CFR 50.59.

Based on the above, the staff concludes that the proposed TS changes (Le., relocation of the LCO 2.17 and SR 3.13 to FCS USAR Section 11.2.5) are acceptable because the TSs do not meet the meet any of the criteria for 10 CFR 50. 36(c)(2)(ii) for inclusion into a technical specification. The NRC staff also concludes that the changes to the TS Table of Contents to reflect deletion of LCO 2.17 and SR 3.13 are administrative in nature and, therefore, are acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Nebraska State official was notified of the proposed issuance of the amendment. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes a requirement with respect to the installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration and there has been no public comment on such finding published in the Federal Register on November 13,2012 (77 FR 67684). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9).

Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

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6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that 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.

Principal Contributors: R. Grover R. Pederson L. Wilkins Date: March 29, 2013

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