ML14086A152

Issuance of Amendment Change to Renewed Facility Operating License Condition 2.T

ML14086A152
Person / Time
Site:	FitzPatrick
Issue date:	07/16/2014
From:	Pickett D Plant Licensing Branch 1
To:	Coyle L Entergy Nuclear Operations
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC MF2526
Download: ML14086A152 (12)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 16, 2014 Mr. Lawrence Coyle Site Vice President Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT- ISSUANCE OF AMENDMENT RE: CHANGE TO RENEWED FACILITY OPERATING LICENSE CONDITION 2.T (TAC NO. MF2526)

Dear Mr. Coyle:

The Commission has issued the enclosed Amendment No. 306 to Renewed Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant (JAFNPP). The amendment consists of changes to the JAFNPP Renewed Facility Operating License (RFOL) in response to your application dated May 7, 2013, as supplemented by letter dated January 17, 2014.

The amendment revised License Condition 2.T of the JAFNPP RFOL to be consistent with the license condition contained in NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant," dated April 2008, and to clarify that the programs and activities described in the Updated Final Safety Analysis Report Supplement and identified in Appendix A of NUREG-1905 are to be completed no later than the start of the period of extended operation (PEO). The change removes any potential inference that any of the activities are being implemented after the PEO begins.

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

Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333

Enclosures:

1. Amendment No. 306 to DPR-59

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY NUCLEAR FITZPATRICK. LLC AND ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO. 50-333 JAMES A FITZPATRICK NUCLEAR POWER PLANT AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 306 Renewed Facility Operating License No. DPR-59

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

A The application for amendment by Entergy Nuclear Operations, Inc. (the licensee) dated May 7, 2013, as supplemented by letter dated January 17, 2014, 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 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.

2. Accordingly, the license is amended by changes to paragraphs 2.C.(2) and 2.T of Renewed Facility Operating License No. DPR-59 to read as follows:

2.C.(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 306, are hereby incorporated into the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

2.T License Renewal- UFSAR supplement submitted pursuant to 10 CFR 54.21 (d),

as revised during the license renewal application review process, and as supplemented by Appendix A of NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant,"

dated April 2008, describes certain programs to be implemented and activities to be completed prior to the period of extended operation (PEO).

a. The licensee shall implement those new programs and enhancements to existing programs no later than the PEO date.

b. The licensee shall complete those inspection and testing activities by the PEO date.

The licensee shall notify the NRC in writing within 10 days after having accomplished item (a) above and include the status of those activities that have been or remain to be completed in item (b) above

3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Benjamin G. Beasley, Chief Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License Date of Issuance: July 16, 2014

ATTACHMENT TO LICENSE AMENDMENTS AMENDMENT NO. 306 RENEWED FACILITY OPERATING LICENSE NO. DPR-59 DOCKET NO. 50-333 Replace the following pages of the License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Page Insert Page 3 3 8 8 9

(4) ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools.

(5) 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 the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, 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:

(1) Maximum Power Level ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 306, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection ENO shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SEA dated November 20, 1972; the SEA Supplement No. 1 dated February 1, 1973; the SEA Supplement No. 2 dated October 4, 1974; the SEA dated August 1, 1979; the SEA Supplement dated October 3, 1980; the SEA Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23, 1989), 164 (dated August 10, 1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19, 1993), 190 (dated June 29, 1993), 191 (dated July 7, 1993),

206 (dated February 28, 1994), and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10,, 1992 subject to the following provision:

Amendment 306 Renewed License No. DPR-59

T. License Renewal- UFSAR supplement submitted pursuant to 10 CFR 54.21 (d),

as revised during the license renewal application review process, and as supplemented by Appendix A of NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant,"

dated April 2008, describes certain programs to be implemented and activities to be completed prior to the period of extended operation (PEO).

a. The licensee shall implement those new programs and enhancements to existing programs no later than the PEO date.

b. The licensee shall complete those inspection and testing activities by the PEO date.

The licensee shall notify the NRC in writing within 10 days after having accomplished item (a) above and include the status of those activities that have been or remain to be completed in item (b) above.

U. UFSAR Supplement Changes- The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the UFSAR required by the 10 CFR 50.71 (e)(4) following the issuance of this renewed operating license. Until that update is complete, ENF and ENO may make changes to the programs and activities described in the supplement without prior Commission approval, provided that ENF and ENO evaluate such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

V. Capsule withdrawal schedule- All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of the most recent NRC-approved version of the Boiling Water Reactor Vessel and Internals Project (BWRVIP) Integrated Surveillance Program (ISP) appropriate for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

Amendment 306 Renewed License No. DPR-59

3. This renewed operating license is effective as of the date of issuance and shall expire at midnight on October 17, 2034.

FOR THE NUCLEAR REGULATORY COMMISSION

\RA\

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Appendix A- Technical Specifications

2. Appendix B - Deleted

3. Appendix C - Additional Conditions Date of Issuance: September 8, 2008 Amendment 306 Renewed License No. DPR-59

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 306 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-59 ENTERGY NUCLEAR OPERATIONS, INC.

JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333

1.0 INTRODUCTION

By letter dated May 7, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13128A165), as supplemented by letter dated January 17, 2014 (ADAMS Accession No. ML14017A212), Entergy Nuclear Operations, Inc. (ENO), the licensee, submitted a request for changes to License Condition (LC) 2.T to the James A. FitzPatrick Nuclear Power Plant (JAFNPP) Renewed Facility Operating License. The amendment revises LC 2.T to be consistent with the LC contained in NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant," dated April 2008, and to clarify that the programs and activities described in the Updated Final Safety Analysis Report Supplement and identified in Appendix A of NUREG-1905 are to be completed no later than the start of the period of extended operation (PEO). The change removes any potential inference that any of the activities are being implemented after the PEO begins.

The supplement dated January 17, 2014, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination.

2.0 REGULATORY EVALUATION

The following explains the use of general design criteria for JAFNPP. The construction permit for JAFNPP was issued by the Atomic Energy Commission (AEC) on May 20, 1970, and the operating license was issued on October 17, 1974. The plant design criteria for the construction phase are listed in the Updated Final Safety Analysis Report (UFSAR) Chapter 1.5, "Principal Design Criteria." The AEC published the final rule that added Appendix A to Title 10 of the Code of Federal Regulations (1 0 CFR) Part 50, "General Design Criteria for Nuclear Power Plants," in the Federal Register (FR) (36 FR 3255) on February 20, 1971, with the rule effective on May 21, 1971. In accordance with an NRC staff requirements memorandum from S. J. Chilk to J. M. Taylor, "SECY-92-223- Resolution of Deviations Identified During the Systematic Evaluation Program," dated September 18, 1992 (ADAMS Accession No. ML003763736), the Commission decided not to apply the final GDC to plants with construction permits issued prior

to May 21, 1971, which includes JAFNPP. However, the JAFNPP UFSAR, Chapter 16.6, "Conformance to AEC Design Criteria," evaluates JAFNPP against the 10 CFR 50 Appendix A GDC. Also, the initial AEC safety evaluation of JAFNPP, dated November 20, 1972, Chapter 14.0, stated:

Based on our evaluation of the design and design criteria for the James A.

FitzPatrick Nuclear Power Plant, we conclude that there is reasonable assurance that the intent of the General Design Criteria for Nuclear Power Plants, published in the Federal Register on May 21, 1971 as Appendix A to 10 CFR part 50, will be met.

Therefore, the NRC staff reviews amendments to the JAFNPP license using the 10 CFR 50 Appendix A GDC unless there are specific criteria identified in the UFSAR.

By application dated July 31, 2006 (ADAMS Accession ML062160491 ), ENO requested renewal of the operating license in accordance with 10 CFR Part 54 for JAFNPP for a period of 20 years beyond the October 17, 2014, expiration date.

The NRC's review of the license renewal application is contained in NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant," dated April2008 (ADAMS Accession No. ML081510826). Appendix A of NUREG-1905 contains a list of 25 commitments made by the applicant (i.e., ENO) as part of the license renewal review. These commitments are related to completing license renewal-related inspections and implementing, modifying or enhancing aging management programs that manage the aging effects of systems, structures, and components prior to and during the PEO.

The NRC issued the renewed operating license for JAFNPP on September 8, 2008 (ADAMS Accession No. ML082490369).

As required by the renewed license, there are certain activities that the licensee is required to complete prior to starting the PEO. The current JAFNPP LC 2.T states:

License Renewal Commitments/Conditions- The UFSAR supplement, as revised, describes certain future activities to be completed prior to and during the period of extended operation. ENF [Entergy Nuclear FitzPatrick] and ENO shall complete these activities in accordance with Appendix A of NUREG-1905, Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant, issued April 2008. ENF and ENO shall notify the NRC in writing within 10 days of completion of those activities required prior to the period of extended operation and those activities required during the period of extended operation.

JAFNPP's application dated May 7, 2013, indicated that it more precisely states which activities in the UFSAR must be completed, when they must be completed, and what sort of notification to the NRC must be provided. Specifically, the licensee proposed that LC 2.T be limited to the period prior to extended operation (by removal of the phrase "and during"). The licensee also proposed to remove the phrase "in accordance with Appendix A of NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant," dated April2008" to be replaced with "regulatory commitments codified into the UFSAR no later than October 17, 2014."

By letter dated January 17, 2014, the licensee submitted revised language for LC 2.T to supersede its original request. The revised language for LC 2.T clarified that the UFSAR supplement had been supplemented with Appendix A of NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant," dated April 2008. The licensee believed the change was needed to avoid the implication that certain commitments could not be changed without prior NRC approval. The licensee also proposed to replace "future activities to be completed prior to and during the PEO" with "programs to be implemented and activities to be completed prior to the PEO." In addition, the licensee proposed to include the requirement to implement new programs and enhancements to existing programs no later than the start of the PEO, October 17, 2014, as well as complete activities no later than the start of the PEO, and to notify the NRC within 10 days of having completed the activities. Lastly, the licensee withdrew the portion of the request that added statements about making changes to the UFSAR by the use of 10 CFR 50.59 process.

Thus, the final LC 2.T desired by JAFNPP states:

License Renewal- UFSAR supplement submitted pursuant to 10 CFR 54.21(d),

as revised during the license renewal application review process, and as supplemented by Appendix A of NUREG-1905, "Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant,"

dated April 2008, describes certain programs to be implemented and activities to be completed prior to the period of extended operation (PEO).

a. The licensee shall implement those new programs and enhancements to existing programs no later than the PEO date.

b. The licensee shall complete those activities no later than the PEO date.

The licensee shall notify the NRC in writing within 10 days after having accomplished item (a) above and include the status of those activities that have been or remain to be completed in item (b) above.

In considering the amendment request, the NRC staff was guided by the considerations for issuance of the renewed license, and the original form of the LC.

3.0 TECHNICAL EVALUATION

The licensee proposed to replace "describes certain future activities to be completed prior to and during the PEO" with "describes programs to be implemented and activities to be completed before the PEO" in the revisions to the LC. The proposed language is more precise, and clarifies that the activities listed in UFSAR supplement involve both the implementation of programs and the completion of inspection and testing activities. Additionally, removal of the phrase "and during" from LC 2.T better states when programs must be complete.

The licensee proposed to include the requirement to implement new programs and enhancements to existing programs no later than the PEO date, complete inspection, and testing activities no later than the PEO date, and notify the NRC within 10 days of having completed the activities. The commitments listed in Appendix A of NUREG-1905 are reviewed by regional inspectors on a sampling basis. This inspection occurs prior to the PEO using

inspection procedure (IP) 71003, "Post-Approval Site Inspection for License Renewal" (ADAMS Accession No. ML12258A160). The purpose of this inspection is to verify that aging management programs and activities are adequately implemented and/or completed before the licensee enters the PEO. The inspectors will also review any modifications to such activities as the Appendix A list of commitments that were incorporated in the UFSAR to ensure changes were made in accordance with applicable NRC requirements. Consistent with Revision 2 of the "Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants,"

the intent of LC 2.T was to ensure that: (1) the license renewal programs and activities that were scheduled to be implemented and/or completed prior to the PEO were implemented and/or completed; (2) the NRC receives notification so NRC staff could verify implementation of activities through inspection; and (3) NRC approval was obtained to change the implementation schedule for commitments that will not be completed prior to the PEO. This intent will be met with the addition of the requirement in LC 2.T to complete certain activities no later than the PEO date. Therefore, the staff finds the revised LC 2.T language as documented in the January 17,2014, letter acceptable.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes recordkeeping, reporting, or administrative procedures or requirements and changes the format of the license or otherwise makes editorial, corrections, or other minor revisions. 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 (79 FR 21297). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(1 0). 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.

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 Contributor: H. Jones, NRR/DLR/RSRG Date: July 16, 2014

ML14086A152 OFFICE LPLI-1\PM LPLI-1\LA NRR/RGOB/BC(*) OGC LPLI-1\BC BPham by memo NAME DPickett KGoldstein BBeasley dated DATE 6/30/2014 6/30/2014 02/05/14 7/01/2014 7/16/2014