ML14045A117

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Audit of the Licensees Management of Regulatory Commitments
ML14045A117
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 02/19/2014
From: Richard Ennis
Plant Licensing Branch 1
To: Pacilio M
Exelon Generation Co
Ennis R
References
TAC MF3015, TAC MF3016
Download: ML14045A117 (22)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 February 19, 2014 SUBJECT PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3-AUDIT OF THE LICENSEE'S MANAGEMENT OF REGULATORY COMMITMENTS (TAC NOS. MF3015 AND MF3016)

Dear Mr. Pacilio:

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, that the Nuclear Energy Institute (NEI) document NEI 99-04, "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 (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 commitment management program for Peach Bottom Atomic Power Station (PBAPS), Units 2 and 3, was performed during the period November 5, 2013, through February 12, 2014. The previous audit of the licensee's commitment management program for PBAPS was documented in an NRC letter dated September 30, 2010.

As discussed in the enclosed audit report, the NRC staff concludes that Exelon's procedures used to manage commitments provide the necessary attributes for an effective commitment management program. There were no findings as a result of the audit.

The NRR staff has discussed the results of this audit with NRC Region I staff.

If you have any questions, please contact me at (301) 415-1420.

Docket Nos. 50-277 and 50-278

Enclosure:

Audit Report cc w/encl: Distribution via Listserv Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 AUDIT REPORT BY THE OFFICE OF NUCLEAR REACTOR REGULATION LICENSEE MANAGEMENT OF REGULATORY COMMITMENTS PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 DOCKET NOS. 50-277 AND 50-278

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, 2000,1 that the Nuclear Energy Institute (NEI) document NEI 99-04, "Guidelines for Managing NRC Commitment Changes,"2 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 commitment management program for Peach Bottom Atomic Power Station (PBAPS), Units 2 and 3, was performed during the period November 5, 2013, through February 12, 2014. The audit was performed at NRC Headquarters in Rockville, Maryland using documentation provided by Exelon Generation Company, LLC (Exelon, the licensee) as requested by the NRC staff. The previous audit of the licensee's commitment management program for PBAPS was documented in an NRC letter dated September 30, 2010.3 1 Agencywide Documents Access and Management System (ADAMS) Accession No. ML003741774.

2 ADAMS Accession No. ML003680088.

3 ADAMS Accession No. ML093580177.

Enclosure 2.0 AUDIT PROCEDURE AND RESULTS The audit was performed in accordance with the guidance in NRR Office Instruction LIC-105, Revision 5, "Managing Regulatory Commitments Made by Licensees to the NRC," dated September 5, 2013.4 The NRC staff reviewed commitments made during the period since the previous audit. 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 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 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.). 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 c.ommitments 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 Final 4 ADAMS Accession No. ML13193A358.

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 and results of the audit for verification of the licensee's implementation of commitments. There were no findings identified as a result of this part of the audit.

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 PBAPS is contained in Exelon procedure LS-AA-11 0, Revision 1 0, "Commitment Management."

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 LS-AA-11 0, Revision 10, against NEI 99-04.

Section 6.1 of the procedure lists NEI 99-04 as a reference.

The NRC staff found that the process described in LS-AA-11 0 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 provides the necessary attributes for an effective commitment management program.

Table 2 provides the specific details and results of the audit of commitment changes for PBAPS.

There were no findings identified as a result of this part of the audit.

As part of this process, the PBAPS "Annual Commitment Revision Report for the Period 1/1/13 through 12/31/13," submitted by letter dated January 10, 2014,5 was reviewed. There were no findings based on the review of this letter.

5 ADAMS Accession No. ML14016A148.

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."6 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 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 in NRR Office Instruction LIC-1 01, Revision 4, "License Amendment Review Procedures" dated May 25, 2012.7 As stated in Section 4.4.1 of LIC-1 01, NRC staff safety evaluations may rely on a commitment if the commitment is 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) Section 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 LIC-1 05. Section 4.3 of LIC-1 05 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 since the previous audit. Table 31ists each of these documents for PBAPS. 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.

There were no findings identified as a result of this part of the audit.

6 ADAMS Accession No. ML112620529.

7 ADAMS Accession No. ML113200053.

3.0 CONCLUSION

Based on the above audit, the NRC staff concludes that the licensee's procedure used to manage commitments provides the necessary attributes for an effective commitment management program. There were no findings as a result of the audit.

4.0 LICENSEE PERSONNEL CONTACTED FOR THIS AUDIT David Helker Richard Gropp Wendy Croft Principal Contributor: J. Whited Date: February 19, 2014 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

Item No.

1 TABLE 1 NRC Audit of Licensee Commitments for Peach Bottom Atomic Power Station (PBAPS) Units 1 and 2 Verification of Licensee's Implementation of NRC Commitments (See Note 1)

Licensee Submittal Subject Commitment Commitment Status/Audit Results (ADAMS Ace. No.)

as stated in Licensee Submittal (Licensee Tracking No.)

Letter dated 8/29/12 PBAPS Units 2 and 3-License to this submittal made Both Commitments are still open.

(ML12243A286) amendment request (LAR) to the following 2 commitments:

Add Limiting Condition for Operation (LCO) 3.0.8 on the

1) EGC [Exelon Generation Co.] will
1) Per Action Request (AIR) No.

lnoperability of Snubbers Using ensure appropriate plant 01490690 this commitment is still the Consolidated Line Item procedures and administrative open until the full benefits of the TS Improvement Process controls are revised to implement the amendment are realized. Plant following Tier 2 Restrictions:

procedures and administrative controls

  • For Boiling Water Reactor (BWR) will be updated during implementation plants, one of the following two of the amendment. Procedure means of heat removal must be changes are being tracked by AIR No.

available when LCO 3.0.8.a is used:

01411373.

suppression pool cooling or shutdown cooling), including a minimum set of supporting equipment, not associated

~-

Table 1 -Page 1 of 4 I

I

Item Licensee Submittal Subject Commitment Commitment Status/Audit Results No.

(ADAMS Ace. No.)

as stated in Licensee Submittal (Licensee Tracking No.)

with the inoperable snubber(s).

  • When LCO 3.0.8.b is used at BWR plants, it must be verified that at least one success path exists, using equipment not associated with the inoperable snubber(s), to provide makeup and core cooling needed to mitigate Loss of Offsite Power (LOOP) accident sequences (i.e,. initiated by a seismically-induced LOOP event with concurrent loss of all safety system trains supported by the out-of-service snubbers). To be implemented with the license amendment.

(T04781)

2) EGC will ensure appropriate plant
2) Per AIR No. 01490690 this procedures and administrative commitment is still open until the full controls are revised to implement the benefits of the TS amendment are following restriction:

realized. Plant procedures and

  • Every time the provisions of LCO administrative controls will be updated 3.0.8 are used licensees will be during implementation of the required to confirm that at least one amendment. Procedure changes are train (or subsystem) of systems being tracked by AIR No. 01411373.

supported by the inoperable snubbers Section 3.16, Snubbers, of the would remain capable of performing their required safety or support Technical Requirements Manual functions for postulated design loads (TRM) Bases has been updated to other than seismic loads. LCO 3.0.8 state, in part, that: "The allowance of does not apply to non-seismic Technical Specification 3.0.8 to not snubbers. In addition, a record of the declare the LCO(s) not met for design function of the inoperable inoperable snubbers shall not be used snubber (i.e., seismic vs. non-at PBAPS until appropriate procedures seismic), implementation of any are developed to implement the applicable Tier 2 restrictions, and the T04781 and T04782 commitments and Table 1 -Page 2 of 4

Item Licensee Submittal Subject Commitment Commitment Status/Audit Results No.

(ADAMS Ace. No.)

as stated in Licensee Submittal 1Licensee Tracking No.)

associated plant configuration shall other actions associated Technical be available on a recoverable basis Specification amendment 285/288 for staff inspection. To be dated 1/22/13."

implemented with the license amendment.

(T04782)

No findings.

2 Letter dated 11/3/11 PBAPS Units 2 and 3 - LAR - 1 to this submittal made Commitments to implement (ML113081441}

Use of Neutron Absorbing the following 4 commitments:

surveillance program and submit 10 Inserts in Units 2 and 3 Spent year report are open. Other Fuel Pool Storage Racks commitments are closed.

1) The rack inserts will be installed in
1) The commitment is closed. A I

stages as discussed in Section 3.1.5 procedure outlining the installation of I

of Attachment 1. Prior to crediting the rack inserts was created. AIR neutron absorption capabilities of the 01447764 Assign #03 documents I

NETCO-SNAP-IN rack inserts for implementation of this commitment.

I each individual spent fuel storage I

rack.

(AIR 01447764 Assign#: 03)

I I

2} Exelon will implement the Rio Tinto

2) The commitment is open. AIR Alcan Composite Surveillance 01447764 Assign #04 is tracking the Program as described in Section 3.9 completion of the procedures of Attachment 1 to ensure that the associated with the commitment.

performance requirements of the Rio Currently scheduled to be completed Tinto Alcan composite in the NETCO-6/30/14.

SNAP-IN rack inserts are met over the lifetime of the spent fuel storage See Table 3, Item 15. The associated racks with the rack inserts installed. A amendment implementation statement description of the program will be escalated this commitment into a added to the PBAPS, Units 2 and 3 mandated licensing basis document UFSAR upon implementation of the (UFSARl-A review of ChaQter 10 and Table 1 -Page 3 of 4

Item Licensee Submittal Subject Commitment Commitment Status/Audit Results No.

(ADAMS Ace. No.)

as stated in Licensee Submittal (Licensee Tracking No.)

proposed change. Upon Appendix Q of the UFSAR confirmed it implementation of the proposed was updated to incorporate the change.

commitment associated with this (T04786) amendment request.

3) The k-infinity limitations will be
3) The commitment is closed. AIR incorporated into reload design 01447764 Assign #06 documents documents and spent fuel pool implementation of this commitment.

criticality compliance procedures.

Additionally, the design limitations will See Table 3, Item 15. The associated be reflected in Section 1 0.3.4 of the amendment implementation statement PBAPS, Units 2 and 3 UFSAR. Upon escalated this commitment into a implementation of the proposed mandated licensing basis document change.

(UFSAR). A review of Chapter 10 of (T04788) the UFSAR confirmed it was updated to incorporate the commitment associated with this amendment request.

4) Exelon will submit the data and
4) Commitment is open. Per AIR No.

analysis associated with the first 1 0-01447764 Assign# 08 this year surveillance of the NETCO-commitment is being tracked for SNAP-IN rack inserts to the U.S.

completion on 3/31/2023.

Nuclear Regulatory Commission.

Within 60 days following completion of the analysis.

(AR 01447764-08)

No findings.

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 time since the previous audit. For purposes of this audit, the scope included samples based on review of licensee submittals dated December 17, 2009, through December 31, 2013. See Audit Report Section 2.1 for further details.

Table 1 - Page 4 of 4

Item No.

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

Description of Commitment Change Audit Results - Verification of Tracking No.

Licensee's Program for Managing Commitment Changes T04180 In a licensee event report dated 5/6/99 (ADAMS Legacy The commitments were deleted. This change was Library Accession No. 9905120304) LER 3-99-02, the reported to the NRC via the licensee's letter dated licensee made the following 5 commitments:

January 28, 2011 (ADAMS Accession No. ML110310401 ).

1) Developed and implemented a pre-job brief/work control standard. This pre-job briefing for all activities The Commitment Change Evaluation Form associated with work on the security system ensures that (Attachment 1 to LS-AA-11 0) dated October 2, 2009, security supervision is aware of the scope of the job, is was reviewed. The form states that the adequately prepared to support the job, controls the commitments were being deleted. The form further initiation of the job, and can pre-plan compensatory states that the justification for deletion of the measures, as applicable. This pre-job brief/work control commitments was because standardization of standard was initiated May 6, 1999.

human error prevention tools are annotated in Exelon Fleet standard procedures. These processes

2) Developed and implemented a new security instruction include pre-job brief, work control standards, use of titled "Nuclear Security Section Turnovers." The security STAR, Self Check, and proper communication instruction details how to effectively transmit and techniques.

disseminate information during shift turnovers. A shift turnover video was also developed to demonstrate proper No findings.

turnovers and is documented in PEP 10009658, Evaluation #4. Security Instruction Sl-30 for shift turnovers was implemented May 18, 1999.

3) Developed and implemented a security instruction titled "Nuclear Security Section Verbal Communication Instructions." This security instruction details how to verbally communicate effectively to ensure all messages are clearly transmitted and received. Security instruction Sl-29 was initiated May 18, 1999. Security personnel Table 2-Page 1 of 5

Item Licensee Description of Commitment Change Audit Results - Verification of No.

Tracking No.

Licensee's Program for Managing Commitment Changes received training on Sl-29 and Sl-30 via a read and sign of the procedures and review by security shift supervision to reinforce managements expectation of the procedure requirements.

4) Developed a recurring work order (AIR G0016491) to reinforce the self checking training module program. This training module will be administered by security supervision every six (6) months.
5) Developed a recurring work order (AIR G0016489) to reinforce the "STAR" concept. The "STAR" video will be shown to all security personnel on an annual basis. The cumulative affects of the initiation of the pre-job brief program, development and implementation of shift turnover video, shift turnover security instruction, verbal communications security instruction, initial and semi-annual self checking training module and initial and annual training on the "STAR" concept are expected to sensitize and heighten the awareness of security personnel to validate all processes associated with operating within the nuclear security section and the overall nuclear environment.

Based on review of a spreadsheet provided by the licensee of commitments that have been changed (i.e.,

modified or deleted) for the last 3 years, the above commitment was shown as having been deleted. The spreadsheet indicated that this commitment change was reported to the NRC.

2 T00542 Based on NRC Information Notice 88-34 (ML031150113),

The commitment was deleted.

the licensee made the following commitment:

The Commitment Change Evaluation Form Nuclear Material Control and Accountability of Non-Fuel (Attachment 1 to LS-AA-11 0) dated February_ 15, Table 2-Page 2 of 5

Item Licensee Description of Commitment Change Audit Results - Verification of No.

Tracking No.

Licensee's Program for Managif!g Commitment Chang_es Special Nuclear Material at Power Reactors A-44 will be 2010, was reviewed. The form states that the reviewed for procedure compliance and additional commitment was being deleted. The form further requirements.

states that the justification for deletion of the commitment was that, "[n]o longer meets the Based on review of a spreadsheet provided by the definition of a commitment per LS-AA-11 0. Step licensee of commitments that have been changed (i.e.,

4.6.1 encourages the deletion of commitments that modified or deleted) for the last 3 years, the above have negligible safety significance and/or regulatory commitment was shown as having been deleted. The interest. IN 88-34 did not require any specific action spreadsheet indicated that this commitment change was or written response and therefore this commitment is not reported to the NRC.

not needed."

No findings.

Table 2-Page 3 of 5

Item Licensee Description of Commitment Change Audit Results-Verification of No.

Tracking No.

Licensee's Program for Managing Commitment Changes 3

T01086 Based on NRC Inspection Report from combined The commitment was deleted.

Inspection Nos. 50-277/91-19 and 50-278/91-19 dated July 18, 1991, (ADAMS Legacy Library Accession No.

The Commitment Change Evaluation Form 9107300091) the licensee made the following (Attachment 1 to LS-AA-11 0) dated April 23, 2012, commitment:

was reviewed. The form states that the commitment was being deleted. The commitment change form ST 7.8.12, Revalidation of Vital Area Access Authorization goes on to say that the commitment was promptly did not provide adequate instruction on the process.

addressed at the time of the inspection and was not Furthermore, this process was being used to add the result of a finding, violation, or un-resolved issue.

personnel and areas to which personnel were to be granted access to the list. This exceeded the purpose and This does not meet the definition of a regulatory intent of the procedure and was not consistent with commitment. Therefore, the commitment can be Section 5.4.1.2(1) of the Plan which allows only certain deleted.

licensee personnel to approve access to vital areas. This deficiency was brought to the attention of the Branch Head No findings.

- Nuclear Security and corrected prior to the close of business that day. Procedure ST 7.8.12 still required revision to document the changes; the Branch Head -

Nuclear Security committed to revise it on a priority basis.

The inspectors had no further questions in this area.

Based on review of a spreadsheet provided by the licensee of commitments that have been changed (i.e.,

modified or deleted) tor the last 3 years, the above commitment was shown as having been deleted. The spreadsheet indicated that this commitment change was not reported to the NRC.

4 T04783 By letter dated November 15, 1996, (ADAMS Legacy This commitment is still open.

Library Accession No. 9611250166) the licensee made the following commitment:

The Commitment Change Evaluation Form (Attachment 1 to LS-AA 11 0) dated July 30, 2012, The requirement to verity on a periodic basis that safety-was reviewed. The form states that the commitment related motor operated valves (MOVs) will continue to be change is required to be reported to the NRC in the capable of performing their safety function as part of the next annual Commitment Chang_e SummC!_ry R~port.

Table 2-Page 4 of 5

Item Licensee Description of Commitment Change Audit Results - Verification of No.

Tracking No.

Licensee's Program for Managing_ Commitment Chang_es response to Generic Letter 89-10, they have established a way to verify on a periodic basis that safety-related MOVs will continue to be capable of performing their safety The commitment change was reported to the NRC function within the current Licensing bases of the facility.

by letter dated January 28, 2013 (ADAMS Accession By letter dated May 14, 1998, (ADAMS Legacy Library No. ML13028A476). The letter stated the following Accession No. 9805260132) the licensee changed the as the Summary of Justification for changing the commitment by stating the following:

commitment, "This commitment is being temporarily revised since two MOVs (M0-3-12-018 and M0 All previous discussion provided by PECO Energy in 12- 015) were not able to meet the 6-year Reference 1 "[letter" contains a listed "[" character as part of the property label and has therefore been classified as invalid.] regarding a implementation schedule to be included in the long-final (revised) program is superseded by this revised term MOV periodic verification program following commitment to adopt the JOG [Joint Owners Group]

issuance of the 9/25/06 NRC SER. These two valves program.

are classified as JOG Class D valves due to the use of non-JOG tested disk to guide material pairings in Section 4.2.3, JOG Long-Term MOV Periodic Verification service temperatures greater than 1200 F.

Recommendations, of letter dated September 25, 2006 Operability Evaluations were performed tor the two (ADAMS Accession No. ML061280315), states, in part, valves that are not yet modified to justify operability that, "The JOG proposed an implementation schedule of 6 until appropriate modifications are completed. These years for its long-term MOV periodic verification program valves are normally open Primary Containment following issuance of this SE."

Isolation Valves tor the Reactor Water Cleanup System."

No findings.

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 since the previous audit. See Audit Report Section 2.2 for further details.

Table 2-Page 5 of 5

Item NRC letter date No.

(Accession No.)

1 1/28/10 (ML100130814) 2 4/30/10 (ML100900319) 3 7/20/10 (ML101870555) 4 7/30/10 (ML101940378) 5 8/27/10 (ML102100388) 6 9/28/10 (ML102571768)

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

Description Safety Audit Results Evaluation Discusses Commitments?

(Yes/No)

PBAPS Units 2 and 3, Amendments 274 No No findings.

and 278, to Incorporate TSTF-478, BWR Technical Specification Changes that Implement the Revised Rule for Combustible Gas Control.

PBAPS Units 2 and 3, Amendments 275 No No findings.

and 279, Adoption of TSTF-400, Clarify SR [Surveillance Requirements] on Bypass of DG [Diesel Generator]

Automatic Trips.

PBAPS Unit 2, Amendment 276, One-No No findings.

Time Five Year Containment Type A Integrated Leak Rate Test Interval Extension.

PBAPS Units 2 and 3, Amendments 277 No No findings.

and 280, Adoption of TSTF-439, Eliminate Second Completion Times Limiting Time from Discovery of Failure to Meet an LCO [Limiting Condition for Operation].

PBAPS Units 2 and 3, Amendments 278 No No findings.

and 281, Adoption of TSTF-425, Relocate SR Frequencies to Licensee Controlled Document.

PBAPS Unit 2, Amendment 279, Safety No No findings.

Limit Minimum Critical Power Ratio Value Chaf!ge.

Table 3-Page 1 of 5

Item NRC letter date Description Safety Audit Results No.

(Accession No.)

Evaluation Discusses Commitments?

(Yes/No) 7 5/31/11 PBAPS Units 2 and 3, Amendments 280 No No findings.

(ML110470320) and 282, Storage of Low Level Radioactive Wast Produced at Limerick Generating Station.

8 8/10/11 PBAPS Units 2 and 3, Amendments 281 Yes The safety evaluation stated that:

(ML111861341) and 283, Exelon Cyber Security Plan.

"The NRC staff acknowledges that, in its submittal dated July 23, 2010, Exelon proposed several CSP

[cyber security plan] milestone implementation dates as regulatory commitments. The NRC 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 1 0 CFR 73.54 that

"[i]mplementation 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. ML110980538), 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 approval pursuant in 10 CFR 50.90."

Based on the above, the commitments are being relied on by the NRC staff, however, they are appropriately being treated as obligations (i.e., no misapplied commitments).

No findi!!gs.

Table 3-Page 2 of 5

Item NRC letter date Description Safety Audit Results No.

(Accession No.)

Evaluation Discusses Commitments?

(Yes/Nol 9

9/30/11 PBAPS Unit 3, Amendment 284, Safety No No findings.

(ML111860015)

Limit Minimum Critical Power Ratio Value Change.

10 9/30/11 PBAPS Units 2 and 3, Amendments 282 No No findings.

(ML112570049) and 285, Liquid Nitro_gen Storag_e 11 4/23/12 PBAPS Units 2 and 3, Amendments 283 No.

No findings.

(ML120940055) and 286, Revise Actions for Reactor Coolant System Leakage Instrumentation 12 5/25/12 PBAPS Units 2 and 3, Amendments 284 No.

No findings.

(ML121220204) and 287, Reactivity Anomalies Surveillance.

13 1/22/13 PBAPS Units 2 and 3, Amendments 285 Yes See Table 1, Item 1 for a discussion on the (ML12262A236) and 288, lnoperability of Snubbers.

commitments that the licensee made in association with these amendments.

The safety evaluation (SE) discusses certain operational restrictions which must be put in place in implementing the amendment (see SE pages 15 and 16). The licensee's commitments for this amendment correspond to these restrictions. However, consistent with the requirements in 10 CFR 50.34(b), the licensee stated in its application that the UFSAR would be revised to describe the operational restrictions. As such, the staff did not rely on any of the commitments as part of the basis for acceptance of the amendment (i.e., no misapplied commitments).

No findings.

14 4/1/13 PBAPS Units 2 and 3, Amendments 286 No No findings.

(ML13079A219) and 289, Relocation of Pressure and Temperature Limit Curves to the Pressure and Temperature Limits

~-

Table 3-Page 3 of 5

Item NRC letter date Description Safety Audit Results No.

(Accession No.)

Evaluation Discusses Commitments?

(Yes/No)

Report.

15 5/21/13 PBAPS Units 2 and 3, Amendments 287 Yes In its submittal dated November 3, 2011 (ADAMS (ML13114A929) and 290, Use of Neutron Absorbing Accession No. ML113081441 ), the licensee made six Inserts in Spent Fuel Pool Storage regulatory commitments, two of which were relied on Racks.

by the NRC staff. However, in its submittal dated November 13, 2012 (ADAMS Accession No. ML12319A230), the licensee agreed to make these two commitments license conditions.

Based on the above, the commitments are being relied on by the NRC staff, however, they are appropriately being treated as license conditions (i.e.,

no misapplied commitments).

The safety evaluation (SE) specifically discussed the commitment made by the licensee to update the UFSAR sections associated with the amendment request. The license amendment implementation statement stated, in part, that:

"Implementation of the amendment shall include revision of the Updated Final Safety Analysis Report as described in Attachment 11 to the licensee's letter dated November 3, 2011."

Consistent with the discussion in Section 4.4.1 of NRR Office Instruction LIC-1 01, in cases where a commitment has been escalated to an obligation or incorporated into a mandated licensing basis document (e.g., the UFSAR as is the case for this amendment), the "commitment" is no longer considered a commitment and is no longer subject to change vja the licensee's commitment management Table 3-Page 4 of 5

Item NRC letter date Description Safety Audit Results No.

(Accession No.)

Evaluation Discusses Commitments?

(Yes/No) program since other regulatory processes would govern the change (e.g., 10 CFR 50.90, 10 CFR 50.59).

Based on the amendment implementation statement, it appears that the staff relied on the commitments.

However the commitments were appropriated escalated via incorporation into a mandated licensing basis document (i.e., no misapplied commitments).

No findings.

16 6/18/13 PBAPS Units 2 and 3, Amendments 288 No No findings.

(ML13109A463) and 291, Revise Technical Specification to Add Residual Heat Removal System Drywell Spray Function Requirements.

17 6/20/13 PBAPS Units 2 and 3, Amendments 289 No No findings.

(ML13079A372) and 292, Staff Qualifications Education and Experience Eligibility Requirements for Licensed Operators.

18 8/27/10 PBAPS Units 2 and 3, Requests for No No findings.

(ML1018706311 Relief 13R-48, 13R-49, and 13R-50.

19 1/24/12 PBAPS Units 2 and 3, Requests for No No findings.

(ML112770217)

Relief 14R-51 and 14R-52.

20 3/30/11 PBAPS Units 2 and 3, Exemption from No No findings.

(ML102430566) 10 CFR 50, Appendix R, Section III.G tor the Use of Operator Manual Actions.

Note 1: The scope of this portion of the audit includes a review of all license amendments, relief requests and exemptions issued since the previous audit for PBAPS Units 2 and 3. The intent of the review is to determine the extent to which commitments have been misapplied (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.

Table 3-Page 5 of 5

ML14045A117 OFFICE LPL 1-2/PM LPL 1-2/PM NAME JWhited REnnis DATE 02/18/14 02/18/14 Sincerely, Ira/

Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsAcrsAcnw_MaiiCTR Resource RidsRgn1 MaiiCenter Resource TOrf, NRR/DORL FBower, Region I SHansell, Peach Bottom Sr. Resident Inspector

  • via email LPL 1-2/LA LPL 1-2/BC LPL 1-2/PM A Baxter MKhanna REnnis*

02/19/14 02/19/14 02/19/14

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