ML13339A680

Audit of the Licensee'S Management of Regulatory Commitments; Audit Performed 11/25-12/4/2013

ML13339A680
Person / Time
Site:	Palo Verde
Issue date:	12/16/2013
From:	Jennivine Rankin Plant Licensing Branch IV
To:	Edington R Arizona Public Service Co
Rankin J
References
TAC MF0747, TAC MF0748, TAC MF0749
Download: ML13339A680 (18)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 16, 2013 Mr. Randall K. Edington Executive Vice President Nuclear/

Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 SUBJECT PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3- AUDIT OF THE LICENSEE'S MANAGEMENT OF REGULATORY COMMITMENTS (TAC NOS. MF0747, MF0748, AND MF0749)

Dear Mr. Edington:

The U.S. NuclearRegulatory 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, that the Nuclear Energy Institute (NEI) document NEI 99-04, "Guidelines for Managing NRC Commitment Changes," contains.

acceptable guidance for controlling regulatory commitments. Rl S 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 (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 Palo Verde Nuclear Generating Station (PVNGS), Units 1, 2, and 3 commitment management program was performed during November 25 through December 4, 2013. The previous audit of the licensee's commitment management program for PVNGS was documented in an NRC letter dated September 23, 2010.

As discussed in the enclosed audit report, NRC staff concludes that: (1) the licensee has implemented NRC commitments on a timely basis, and (2) the licensee has implemented an effective program for managing NRC commitment changes.

/

R. Edington If you have any questions, please contact *me at (301) 415-1530 or Jennivine.rankin@nrc.gov.

Sincere!y, (p\YRL~

Jennie K. Rankin, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530

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 PALO VERDE NUCLEAR GENERATING STATION, UNITS 1. 2. AND 3 DOCKET NOS. 50-528. 50-529. AND 50-530

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 Access and 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. ML003680088), 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. 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 (e.g., amendments, reliefs, exemptions) and activities (e.g., bulletins, generic letters).

An audit of the Palo Verde Nuclear Generating Station (PVNGS); Units 1, 2, and 3, commitment management program was performed during November 25 through December 4, 2013. The previous audit of the licensee's commitment management program for PVNGS was documented in an NRC letter to Arizona Public Service Company (APS, the licensee) dated September 23, 2010 (ADAMS Accession No. ML102450675).

2.0 AUDIT PROCEDURE AND RESULTS The audit was performed in accordance with the guidance in NRR Office Instruction LIC-105, Revision 4, "Managing Commitments Made by Licensees to the NRC," dated September 10, 2012 (ADAMS Accession No. ML12251A203).

The NRC staff reviewed commitments made during the period approximately 3 years prior to the audit (i.e., since the last audit). The audit consisted of three major parts: (1) verification of the Enclosure

licensee's implementation of NRC commitments that have been completed; (2) verification of the licensee's program for managing changes to NRC commitments; and (3) verification that all regulatory commitments were correctly applied.

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 th~t 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.). Before the audit, the NRC staff searched ADAMS for licensee submittals since the last audit and selected a representative sample for verification. The commitments included in the review are shown in Table 1.

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, and Updated F_inal 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 Table 1 provides the specific details arid results of the audit for verification of the licensee's implementation of commitments. The NRC staff found most of the selected commitments to be implemented effectively. One anomaly was, however, noted by the NRC staff. The NRC staff noted that the commitment number to add an operator action completion time to the Palo Verde Time Critical Action Program was not provided in the license amendment request (LAR) submittal dated August 27, 2010, nor was it identified in the list of open, closed, or changed commitments requested by the project manager during preparation of the triennial commitment audit. Upon

further review, 'the licensee noted that Regulatory Commitment Tracking System Action Item (RCTSAI) 3521834 was generated and completed properly to document the commitment; however, it was not traceable through the normal query of the database. The licensee acknowledged that traceability could be improved and formulated revised correspondence submittal guidance to address this concern prior to conclusion of the commitment audit. All other commitments listed in Table 1 were found to be effectively implemented.

As referenced in the previous NRC audit. of the licensee's commitment management program dated September 23, 2010, the NRC concluded that a commitment concerning NRC Generic Letter 2004:-02, "Potential Impact of Debris Blockage on Emergency Recirculation during Design Basis Accidents at Pressurized-Water Reactors," did not appear to be fully implemented (RCTSAI 2826269). During the current triennial commitment audit, the NRC staff observed that all three specifications (Specification Nos. 13-MN-301, 13-MN-0163, and 13-MN-0169), were updated to reflect the RCTSAI 2826269. In addition, the NRC staff noted that after the appropriate changes in each specification, the specification is annotated with the following note, "This is an RCTS commitment and shall not be removed o.r changed without prior review by Regulatory Affairs lAW 93DP-OLC08 (Reference RCTSAis 2826264, 2826267, and 2826269)."

Therefore, the NRC staff concludes that the commitment is fully implemented and that it adequately designates the change to ensure traceability and future evaluation in accordance with the commitment change control process.

2.2 Verification of the Licensee's Program for Managing Changes to NRC Commitments 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 PVNGS is contained in APS's procedure 93DP-OLC08, Revision 3, "Regulatory Commitment Tracking."

The audit reviewed a sample of commitment changes as shown in Table 2 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.

• 2.2.1 Audit Results The NRC staff reviewed the licensee's procedure 93DP-OLC08, Revision 3, against NEI 99-04.

Section 1.2 of the procedure references NEI 99-04 in defining the scope of the procedure.

The NRC staff found that the process described in 93DP-OLC08 generally follows the guidance of NEI 99-04 and provides detailed instructions for: (1) making and identifying commitments; (2) tracking commitments; (3) annotating implementing documents to provide traceability of commitments; (4) changing commitments; and (5) periodic reporting of commitment changes.

The NRC staff concludes that the procedure used by the licensee to manage commitments prov_ides the necessary attributes for an effective commitment management program.

Table 2 provides the specific details and results of the audit of commitment changes for PVNGS. The NRC staff concludes that the licensee effectively processed changes to

commitments in accordance with their established procedures and reported the changes to the NRC by annual report or by separate correspondence.

2.3 Verification That All Regulatory Commitments Were Correctly Applied On September 19, 2011, the NRC's Office of the Inspector General (OIG) issued an audit report titled, "Audit of NRC's Management of Licensee Commitments" (ADAMS Accession No. ML112620529). The audit identified, in part, that the definition and use of commitments is not consistently understood throughout the NRC. The OIG concluded that this could potentially result in the misapplication of commitments by the NRC staff. 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 (SE) associated with a licensing action. 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). ,

As one of the corrective actions taken in response to the issues raised in the OIG audit, the NRC staff added further guidance on proper use of regulatory commitments iri NRR Office Instruction LIC-1 01, Revision 4, "License Amendment Review Procedures," dated May 25, 2012 (ADAMS Accession No. ML113200053). As stated in Section 4.4.1 of LIC-1 01, NRC staff SEs may rely on a commitment if the commitmentis escalated into an obligation (e.g., a license condition or technical specification requirement) or is subsequently incorporated into a mandated licensing basis document (e.g., Updated Final Safety Analysis Report). In cases where a commitment has been escalated to an obligation or incorporated into a mandated licensing basis document, the "commitment" is no longer considered a commitment and is no longer subject to change via the licensee;s commitment management program since other regulatory processes would govern the change (e.g., Title 10 of the Code of Federal Regulations (10 CFR) 50.90, 10 CFR 50.59).

Another corrective action taken in response to the issues raised in the OIG audit included further guidance, concerning performance of commitment audits, being added in Revision 4 of NRR Office Instruction LIC-105, "Managing Commitments Made by Licensees to the NRC,"

dated September 10, 2012 (ADAMS Accession No. ML12251A203). Revision 4 of LIC-105 states that the NRC staff should take the following actions to identify misapplied commitments:

1) Determine if the commitment reviewed involves actions that were safety significant (i.e., commitments used to ensure safety).

2) Determine if the commitment reviewed involves actions that were necessary for approval

. of a proposed licensing action.

As discussed in LIC-1 05, the scope of this portion of the audit includes reviewing each of the commitments selected for the audit sample (i.e:., Tables 1 and 2) to determine if any had been misapplied (i.e., per the 2 criteria shown above). In addition, the NRC staff is directed to identify all license amendments, relief requests, and exemptions that have been issued for a facility in the previous 3 years. Table 3 lists each of these documents for PVNGS. The NRC staff is directed to identify all commitments discussed in these documents and evaluate each commitment to determine *if it has been misapplied based on the 2 criteria discussed above.

As provided in Table 3, there were 3 license amendment safety evaluations that discuss regulatory commitments. All 3 safety evaluations were reviewed and the NRC staff concludes that if necessary, the regulatory commitments were properly escalated to obligations (e.g.

license conditions), as discussed in Revision 4 of LIC-1 01, and that the regulatory commitments were not misapplied based on the 2 criteria discussed in Revision 4 of LIC-105.

3.0 CONCLUSION

Based on the above audit, the NRC staff concludes that: (1) the licensee has implemented NRC commitments on a timely basis, and (2) the licensee has implemented an effective program for managing NRC commitment changes.

4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT Fara Oreshack Robert Roehler Principal Contributor: J. Rankin Date: December 16, 2013 Attachments:

1) Table 1 -Verification of Licensee's Implementation of NRC Commitments *

2) Table 2 -Verification of the Licensee's Program for Managing NRC Commitment Changes

3) Table 3 - Review of NRC License Amendments, Relief Requests, and Exemptions

TABLE 1 Verification of Licensee's Implementation of NRC Commitments (See Note 1)

Commitment as stated in Licensee Submittal (Licensee Tracking Item Licensee Submittal No./Regulatory Commitment Tracking No. (ADAMS Ace. No.) Subject System Action Item (RCTSAI)) Commitment Status/Audit Results 1 Letter dated 8/27/2010 Revising methodology for This submittal made the following See Table 3, Item 9.

(Agencywide feedwater line break with commitment:

Documents Access loss of offsite power and The commitment is closed. Appendix D of and Management single failure event in the 1) Upon_ NRC approval; the operator action 40DP-9ZZ04, "Time Critical Action (TCA)

System (ADAMS) updated final safety completion time will be added to the Palo Program" incorporates the commitment. See Accession analysis report. Verde Time Critical Action Program. Section 2.1.2 for additional information.

No. ML102510161). (3521834) 2 Letters dated: Approval of cyber security These submittals made the following See Table 3, Item 7.

7/22/2010 and plan commitment:

7/8/2011 (ADAMS The commitment is in a "Working" status and Accession Implement the PVNGS Cyber Security Plan . is properly annotated with "This milestone Nos ML102150230 by September 30,2017. (3496741) date cannot be extended without prior NRC and ML11189A036, approv~l per OL [Operating LicensE:!]

respectively). Amendment 185."

3 Letter dated 11/2/2009 Temporary exemption for The submittal made the following 6 (ADAMS Accession the requirements of commitments:

No. ML093160596). 10 CFR Part 50, 1) Prior to startup for Unit 3 Cycle 17, 1) The commitment is closed. Pools ide Section 50.46 and poolside examinations will be performed to examinatiOns were documented in Appendix K evaluate ongoing assembly and cladding Westinghouse letter dated 2/2/2012.

performance. Due 4/30/2012 (3359872)

2) Prior to startup for Unit 3 Cycle 18, 2) The commitment is closed. Poolside poolside examinations will be performed to examinations were documented in evaluate ongoing assembly and cladding Westinghouse letter dated 10/29/2013.

performance. Due 10/30/2013 (3359883)

3) After completion of Unit 3 Cycle 18 (the 3) The commitment is in a "working" status third and final irradiation cycle), poolside and scheduled to be complete 6/30/2015.

examinations will be performed to evaluate assembly and cladding performance. Due 6/30/2015 (3359885)

Attachment 1

Commitment as stated in Licensee '

Submittal (Licensee Tracking Item Licensee Submittal No./Regulatory Commitment Tracking No. (ADAMS Ace. No.) Subject System Action Item (RCTSAI)) Commitment Status/Audit Results 3 Letter dated 11/2/2009 4) The Westinghouse NGF LFAs will be 4) All 3 commitments are closed, The (cont'd) (ADAMS Accession modeled in the PVNGS core physics models, analysis is documented in NFM Analysis No. ML093160596). including the Zirconium di-boride integral fuel NA-03-C16-2009-020, NA-03-C17-2011-009, burnable absorber (IFBA). As such, the and NA-03-C18c2012,.023.

impact of the LFAs will be included in the PVNGS cycle-specific core physics calculations supporting the reload effort for each cycle during use of the LFAs. Due 10/30/2010,4/30/2010, and 10/30/2013, respectively. (3359888, 3399288, 3399295)

5) Evaluations will verify performance of the 5) This commitment is closed. The Unit 3 Westinghouse NGF LFAs with respect to the cycle 16 core design evaluation is safety analysis. The analyses will include documented in NA-03-C16-2009-11. Also thermal-hydraulic compatibility, loss-of- Westinghouse also performed an evaluation coolant accident (LOCA) and non-LOCA which is documented in the LUA Engineering criteria, mechanical design, thermal Report (WCAP-17188).

hydraulic, seismic, core physics, and neutronic compatibility of the LFAs in the PVNGS Unit 3 core. The evaluations will make use of the fact that the LFAs will be operated in non-limiting locations and will verify the reload analyses are not adversely impacted. The results will be documented in a final design report. Due 10/30/2010.

(3359890)

6) A compatibility study will be performed to 6) This commitment is closed.

ensure that insertion of the Westinghouse Westinghouse LUA Engineering Report NGF LFAs will not cause the remaining (WCAP-17188) verified Westinghouse NGF Westinghouse fuel to exceed its operating LUAs in Unit 3 will not cause remaining limits and ensure there is no adverse impact Westinghouse fuel to exceed operating limits on fuel performance or mechanical integrity . and verified no adverse impacts.

. The results of the compatibility study will be documented in a final design report. Due 10/30/2010. (3359892)

Commitment as stated in Licensee Submittal (Licensee Tracking Item Licensee Submittal No./Regulatory Commitment Tracking No. (ADAMS Ace. No.) Subject System Action Item (RCTSAI)) Commitment Status/Audit Results 4 Letter dated Adoption of technical This submittal made the following 12/26/2012 (ADAMS specifications task force commitments:

Accession (TSTF) traveler TSTF-500, 1) Change or verify the UFSAR description 1) This commitment is in a "Working" status No. ML13002A197). Revision 2, DC electrical listed in Attachment 2 to this letter, consistent with a due date of 6/11/2014. It is noted that Rewrite- Update to with the model application referenced in the this LAR is not yet approved.

TSTF-360. TSTF-500 notice of availability in the September 1, 2011, Federal Register.

(4306811)

2) In order to be consistent with PVNGS TS 2) This commitment is in a "Working" status Amendment No. 188 and Revision 4 of with a due date of 2/21/2014. It is noted that NUREG-1432, upon implementation of the this LAR is not yet approved approved TSTF-500 TS amendment, the surveillance frequencies and their bases shown in TSTF-500, Revision 2, for the LCO 3.8.4 and 3.8.6 SRs, except for the frequencies that are related to specific conditions such as battery degradation and capacity, will be specified in the Surveillance Frequency Control Program required by TS 5.5.18. (4201 075) 5 Letter dated 3/2/2010 Palo Verde, Unit 2- Nine The submittal made the following 3 new (ADAMS Accession Month Supplemental (Post commitments:

No. ML100680520). -Outage) Response to NRC Generic Letter 1) APS Engineering identified 16 Unit 2 1) This commitment is closed. The UT 2008-01. examination points meeting the criteria exams were complete and evaluated under described. For these locations, confirmatory engineering evaluation 3369279.

UT examinations will be performed. Based on the similarities and results of the UT ~

examinations in Units 1 and 3, all locations are expected to be confirmed to be full of water. Due 6/30/2010. (3445194) * --

Commitment as stated in Licensee Submittal (Licensee Tracking Item I Licensee Submittal No./Regulatory Commitment Tracking No. (ADAMS Ace. No.) Subject System Action Item (RCTSAI)) Commitment Status/Audit Results 5 I Letter dated 3/2/2010 2) Complete evaluation of installing or 2) This commitmentis closed. The site (cont'd} (ADAMS Accession relocating vent valves at two locations in determined tci install the vent valves.*

. No. ML100680520). Unit 2 identified by laser templating as being RCTSAI 3445205 tracks installation of the vulnerable to gas accumulation that cannot vent valves.

be easily vented for flushed. This action will be completed by September 20, 2010.

(3445201)

3) If the evaluation demonstrates that the 3) This commitment is closed. The vent installation of vent valves is feasible and valves were installed during 2R17 on ECCS warranted, the installations will be completed Suction lines from RWT under Design no later than the completion of Unit 2's 1y!h Implementation Work Orders 3578843 and refueling outage, estimated to be November 3578846.

20, 2012. If vent valve installation is not feasible or is not warranted, programmatic controls will be implemented by completion of the 2R17 refueling outage to ensure these loccations remain filled with water. Due 11*/30/2012. (3445205) 6 1 I Letter dated 9/28/2012 Pressurized Water Reactor The submittal mad~ the following new This commitment is in a "working" status with (ADAMS Accession (PWR) Internals Aging commitment: a due date of 9/30/2014. The Internals Aging No. ML122780119). Management Program Plan Management Program Plan is currently

• 'APS will incorporate a summary description under review by the NRC staff.

of the PVNGS Units 1, 2, and 3 reactor

• '.!vessel internals aging management program

'

• into the Updated Final Safety Analysis Report (UFSAR) no later than the next scheduled update required by 10 CFR 50.71 following NRC approval of the program. This summary description shall reference the "PWR Internals Again Management Program Plan for Palo Verde Nuclear Generating

_ _ _ __ __ _ ____ ,Station UnitsJ, 2, _ao.d 3_." (~2_443!:)~) __

Commitment as stated in Licensee Submittal (Licensee Tracking Item Licensee Submittal No./Regulatory Commitment Tracking No. (ADAMS Ace. No.) Subject System Action Item (RCTSAI)) Commitment Status/Audit Results 7 Letter dated 5/16/2013 Closure Options for The submittal made the following two new (ADAMS Accession Generic Safety Issue (GSI)- commitments:

No. ML13142A034). 191, Assessment of Debris Accumulation on 1) APS currently plans to provide a revised 1) This commitment is in a "working" status.

Supplemented Pressurized-Water Reactor Supplemental Response to NRC Generic The due date was extended from 8/30/2013 8/30/2013 (ADAMS Sump Performance Letter 2004-02 to the NRC staff by August to 12/18/2013.

Accession No. 30, 2013, that updates the response to ML13249A027). address operating experience in the intervening period, including on-going validation efforts related to containment coatings. Due 8/30/13. (4490506)

2. APS is participating in the PWROG 2) This commitment is in a "working" status.

program for establishing revised in-vessel This commitment is annotated, "Due date is debris limits. It is expected that a topical an estimate. Waiting for completion o,f PWR.

report (e.g., WCAP) will be submitted for Owners Group in-vessel testing, topical NRC review and approval after testing is report development, NRC review and final completed. APS expects to resolve GSI-191 SE, plus 60-days."

and GL 2004-02 for PVNGS after NRC issuance of the final safety evaluation for the topical report. APS wil_l develop a plan for demonstrating compliance with the revised PWROG program limits and communicate that plan to the NRC within 60 days of the final NRC safety evaluation for the topical report. Due 60-days following NRC issuance of final safety evaluation for PWR Owners Group topical report. (4409509) *--

. Note 1: The scope of this portion of the audit includes verification of the licensee's implementation of commitments associated with NRC licensing actions.

(e.g., amendments, relief requests, exemptions, orders) or licensing activities (e.g., bulletins, generic letters) during the previous 3 years. For purposes of this audit, the scope included samples based on review of licensee submittals dated August 25, 2010 through August 30, 2013: See Audit Report Section 2.1 for further details.

TABLE 2 Verification of the Licensee's Program for Managing NRC Commitment Changes (See Note 1)

Item Licensee Audit Results -Verification of Licensee's No. *Tracking No. Description of Commitment Change Program for Managing Commitment Changes 18147 The existing commitment: Develop Calibration Task for The Regulatory CommitmenUAction Change evaluation JIAN-PI-0214. summary was reviewed. The summary states that since the instrument and service breathing air were cross-connected, The commitment was revised to delete the calibration task for JIAN- the breathing air system can no longer be used for PI-0214 and the RCTS/RCTSAI has been closed with no additional breathing air. Therefore, the C02 and 02 monitors action required. downstream of JIAN-P1-0214 are no longer needed. This was evaluated according to Appendix A of 93DP-OLC08.

This commitment was reported tq the NRC by letter dated 6/6/2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12167A244).

2 3166418 The existing commitment: Create an EP Training Review Group as The Regulatory CommitmenUAction Change evaluation well as the appropriate number of Training Advisory Committees summary was reviewed. The summary states that an and control EP training similar to accredited training programs. EOF/JIC TAC and a TSC/OSC TAC was implemented.

(SIBP/SIIP 92_A.23, 9.2A31 and 9.1 A33) After a year of run-time, the licensee determined it was more efficient to revise the quorum requirements for the The commitment was revised to: Maintain an EP Training Review TRG and have the body perform both functions. This was Group (TRG) and control EP training similar to accredited training evaluated according to Appendix A of 93DP-OLC08.

programs. (SIBP/SIIP.9.2A23, 9.2A31 and 9.1A33) The Training Advisory Committee (TAC) functions are to. be performed in conjunction with the TRG functions and will not require a designated amount of members for the TAC.

This commitment was reported to the NRC by letter dated 6/6/2012 (ADAMS Accession No. ML12167A244).

3 3369451 In PVNGS, Unit 2's Nine-Month Supplemental (Post-Outage) The Regulatory CommitmenUAction Change evaluation Response to NRC Generic Letter 2008-01 (ML100680520}, the summary was reviewed. The summary states, "Timeframe licensee changed the completion date of Commitment No. 21 from allows for determination of feasibility and necessity of vent 3/31/2010 to 9/30/2010. The Commitment was to complete valve installation, and evaluation of programmatic control evaluation of installing vent valves at three locations in Unit 3 options." In addition, the vent valve installation was identified by laser templating as being vulnerable to gas scheduled to be completed by 11/2012, so a 6-month

/ --...___, __ - -

accumulation that cannot be easily vented or flushed. extension to perform feasibility did not impact the implementation schedule .. This was evaluated accordiog tQ Appendix A of 93DP-OLC08.

Note 1: The scope of this portion of the audit includes verifying that the licensee has established appropriate administrative controls for modifying or deleting regulatory commitments made to the NRC. The scope includes commitment changes reported to the NRC and commitment changes not reported to the NRC for the previous 3 years. See Audit Report Section 2.2 for further details.

• Attachment 2

/

TABLE 3 Review of NRC License Amendments, Relief Requests and Exemptions (See Note 1)

Safety Evaluation Item NRC letter date Discusses Commitments?

No. I (Accession No.) Description (Yes/No) Audit Results 1 9/10/2010 Amendment 179, Revise License Condition No The safety evaluation did not discuss I (Agencywide for Maximum Power Level and commitments; therefore, there are no Documents Access Miscellaneous Technical Specification misapplied commitments.

and Management Changes System (ADAMS) ..

Accession No. ML101260211).

2 9/29/2010 (ADAMS Amendment 180, Revise T.S. 3.8.7, No* The safety evaluation did not discuss Accession "Inverters- Operating" to Extend commitments; therefore, there are no I

No. ML102670352). Completion Time for Restoration on an misapplied commitments.

Inoperable Invertor 3 11/5/2010 (ADAMS Amendment 181, Adoption of TSTF -491 , *No The safety evaluation did not discuss Accession Revision 2, "Removal of Main Steam and commitments; therefore, there are no No. ML102140296). Main Feedwater Valve Isolation Times from misapplied commitments.

Technical Specific;ations" 4 11/24/2010 (ADAMS Amendment 182, Revise TS Table 3.3.5-1, No The safety evaluation did not discuss Accession Engineered Safety Features Actuation commitments; therefore, there are no No. ML102710301). System, and Figure 3.5-1, Minimum misapplied commitments.

Refueling Water Tank Volume 5 12/29/2010 (ADAMS Amendment 183, Revise Technical No The safety evaluation did not discuss Accession Specifications (TS) 2.2, Safety Limit .. commitments; therefore, there are no No. ML103410343). Violations, and TS 5.2., Onsite and Offsite misapplied commitments.

Organizations to Adopt TSTF-5 and TSTF-65 6 4/21/2011 (ADAMS Issuance of Renewed Operating Facility N/A Consistent with LIC-1 05, Section 4.2.1, Accession Operating License License Renewal Commitments were not No. ML110800455). reviewed as part of the commitment audit because the regional inspectors verify completion of commitments for license renewal using inspection procedure IF 71003, 1 "Post-Approval Site Inspection For License RenewaF' (ADAMS Accession

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- L _ __

No. ML082830294). -

Attachment 3

Safety Evaluation Item NRC letter date Discusses Commitments?

No. (Accession No.) Description (Yes/No) Audit Results 7 7/26/2011 (ADAMS Amendment 185, Revise License Condition Yes The licensee made a regulatory commitment Accession and Approval of Cyber Security Plan and to implement the cyber security plan (CSP) by No. ML111710110). Associated Implementation Schedule certain dates. In addition, the licensee proposeda license condition to require the licensee to. fully implement and maintain in effect all provisions of the NRC-approved CSP. As stated in the NRC staff's safety evaluation, the NRC modified the proposed wording in the license condition which the licensee subsequently agreed to. The license condition states the following, "APS shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The APS CSP was approved by License Amendment No. 185."

Based on the above, the commitments were elevated to obligations (license conditions);

therefore, there are no misapplied i commitments. I 8 7/28/2011 (ADAMS Amendment 186, Revise Updated Final No The safety evaluation did not discuss Accession Safety Analysis Report to Change commitments; therefore, there are no No. ML111810338). Methodology for Steam Generator Tube misapplied commitments.

Rupture Accidents 9 8/31/2011 (ADAMS Amendment 187, Revise Updated Final Yes In its submittal, the licensee demonstrated the Accession Safety Analysis Report , Feedwater Line feasibility of reliance on operator action to No. ML111880524 ). Break.Analysis with LOOP and single failure initiate opening the atmospheric dump valves analysis within 20 minutes instead of 30 minutes.

Tlie NRC staff concluded that the licensee's approach is acceptable based on its demonstration of adequate margin to the proposed time constraints.

The licensee made a regulatory commitment to add the operator completion time to the Palo Verde Time Critical Action Program upon

- 3'-

Safety Evaluation Item NRC letter date Discusses Commitments?

No. (Accession No.) Description (Yes/No) Audit Results 9 NRC approval of the LAR. The NRC staff (con'td) found this acceptable; however, did not base their approval on this commitment. Therefore, there are no misapplied commitments.

Note: As seen in Table 1, Item 1, the commitment was implemented in Appendix D

.. of 40DP-9ZZ04, "Time Critical Action (TCA)

Program."

10 12/15/2011 (ADAMS Amendment 188, Adoption of TSTF-425, . No The safety evaluation did not discuss Accession Rev. 3, "Relocate Surveillance Frequencies commitments; therefore, there are no No. ML112620293). to Licensee Control- Risk lf'!fOrf)led misapplied commitments.

Technical Specification Task Force (RITSTF) Initiative 5b 11 6/18/2012 (ADAMS Amendment 189, Modify Technical No The safety evaluation did not discuss Accession Specifications to Implement Administrative commitments; therefore, there are no

. No. ML120860092). Changes Including Corrective Action from misapplied commitments .

U2 Eventin LER 50-529/2011-001 12 12/13/2012 (ADAMS Amendment 190, Revise Physical Protection Yes The licensee's application did not make any Accession License Condition Related to Cyber Security regulatory commitments. The NRC staff's No. ML12312A186). Plan Implementation Milestone 6 and 7 safety evaluation re-iterated the NRC's position that CSP milestone implementation dates are not considered regulatory commitments. The key milestone dates and

• ' full implementation dates shall be in accordance with the NRC approved implementation schedule arid any subsequent changeswould require NRC approval pursuant to 10 CFR 50.90. I 13 4/11/2013 (ADAMS Amendment 191, Revise Technical No The safety evaluation did not discuss '

Accession Specification 3.7.4, "Atmospheric Dump commitments; therefore, there are no No. ML13080A331). Valves (ADVs)" --*--

misapplied commitments. -- -- I

Safety Evaluation Item NRC letter date Discusses Commitments?

No. (Accession No.) Description (Yes/No) Audit Results 14 11/2/2009 (ADAMS Temporary exemption for the requirements No The safety evaluation did not discuss Accession of 10 CFR Part 50, Section 50.46 and commitments; therefore, there are no No. ML101900254). AppendixK misapplied commitments.

Note 1: The scope of this portion of the audit includes a review of all license amendments, relief requests and exemptions issued during the previous 3 years for PVNGS Units 1, 2, and 3. The intent of the review is to determine the extent to which commitments have been misappiied (e.g., commitment

• relied on by NRC staff rather than making the commitment an obligation or incorporating the commitment into a mandated licensing basis document). See Audit Report Section 2.3 for further details.

• .. ML13339A680 OFFICE NRR/DORULPL4-1 /PM NRR/DORULPL4-1 /LA NRR/DORULPL4-1/BC NRR/DORULPL4-1 /PM NAME JRankin JBurkhardt MMarkley JRankin DATE 12/11/13 12/09/13 12/13/13 12/16/13