ML19297D674

FCS ISFSI Only Tech Specs SER

ML19297D674
Person / Time
Site:	Fort Calhoun
Issue date:	12/09/2019
From:	Office of Nuclear Material Safety and Safeguards
To:	Omaha Public Power District
Parrott J
Shared Package
ML19297D673	List: ML19297D674 ML19297D677
References
Download: ML19297D674 (12)

Text

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS RELATED TO AMENDMENT NO. 298 TO FACILITY OPERATING LICENSE NO. DPR-40 OMAHA PUBLIC POWER DISTRICT FORT CALHOUN STATION, UNIT NO. 1 DOCKET NO. 50-285

1.0 INTRODUCTION

By letter dated August 25, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16242A127), Omaha Public Power District (OPPD, the licensee),

submitted a notification to the U.S. Nuclear Regulatory Commission (NRC) indicating that it would permanently shut down the Fort Calhoun Station, Unit No. 1 (FCS) on October 24, 2016.

By letter dated November 13, 2016 (ADAMS Accession No. ML16319A254), OPPD provided certification to the NRC of the permanent removal of fuel from the reactor vessel; therefore, the NRC license for the FCS (Renewed Facility Operating License No. DPR-40) no longer permits operation of the reactor or emplacement or retention of fuel in the reactor vessel.

By letter dated March 31, 2017 (ADAMS Accession No. ML17093A309), OPPD requested a license amendment to revise the FCS renewed operating license and associated technical specifications (TS) to adopt permanently defueled TS (PDTS) consistent with the permanent cessation of reactor operation and defueling of the reactor. By letter dated March 6, 2018 (ADAMS Accession No. ML18010A087), the NRC issued an amendment to the FCS TS and associated license conditions approving the PDTS to reflect the permanently defueled condition.

By application dated September 28, 2018 (ADAMS Accession No. ML18275A323), the licensee requested additional changes to the FCS renewed operating license and PDTS to reflect the expected removal of all spent nuclear fuel from the FCS spent fuel pool (SFP) and its transfer to dry cask storage within an onsite Independent Spent Fuel Storage Installation (ISFSI). The proposed changes include the relocation of administrative controls from the PDTS to the FCS Quality Assurance Topical Report (QATR), a licensee-controlled document. These changes will reflect the updated status of the facility, as well as the reduced scope of structures, systems, and components necessary to ensure plant safety once all spent fuel has been permanently moved to the FCS ISFSI, an activity which is currently scheduled for completion in mid-2020.

2.0 REGULATORY EVALUATION

This safety evaluation assesses the acceptability of the proposed FCS ISFSI-Only PDTS.

These PDTS would replace the current FCS PDTS after all of the FCS spent fuel has been transferred from the SFP to the ISFSI. The regulatory requirements and associated guidance on which the NRC based its acceptance and evaluation of the FCS ISFSI-Only PDTS follows.

The NRCs regulatory requirements related to the content of technical specifications are located in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36, Technical specifications. In promulgating these requirements, the Commission placed emphasis on those matters related to the prevention of accidents and the mitigation of accident consequences.

Specifically, the Commission noted that applicants were expected to incorporate into their TS those items that are directly related to maintaining the integrity of the physical barriers designed to contain radioactivity (Reference 1). Pursuant to 10 CFR 50.36, TS are required to include items in the following five categories: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance Enclosure 2

requirements (SRs); (4) design features; and (5) administrative controls. However, the rule does not specify the particular requirements to be included in a plants technical specifications.

On July 22, 1993, the Commission published a Final Policy Statement on Technical Specifications Improvements for Nuclear Power Reactors (Reference 2). The Policy Statement discussed the scope and purpose of TS for nuclear power plants and included guidance criteria to be used in determining which of the LCOs and associated surveillances should be included in the TS. The Policy Statement established four criteria to define the scope of equipment and parameters to be included in the improved standard technical specifications. These criteria were developed for licenses authorizing operation and focused on instrumentation to detect degradation of the reactor coolant system pressure boundary, as well as on equipment or process variables that affect the integrity of fission product barriers during design-basis accidents (DBAs) or transients. The fourth criterion refers to the use of operating experience and probabilistic risk assessment to identify, and include in the TS, those SSCs shown to be significant to public health and safety. These criteria, codified by a revision to 10 CFR 50.36 (60 FR 36953; July 19, 1995), are the source of the TS requirements for facilities licensed under Part 50, Domestic Licensing of Production and Utilization Facilities, of 10 CFR. A general discussion of these considerations is provided below.

Criterion 1 at 10 CFR 50.36(c)(2)(ii)(A) states that TS LCOs must be established for installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary. Since the FCS facility no longer has fuel in the reactor and is no longer licensed to operate, this criterion is not applicable.

Criterion 2 at 10 CFR 50.36(c)(2)(ii)(B) states that TS LCOs must be established for a process variable, design feature, or operating restriction that is an initial condition of a DBA or transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier. The purpose of this criterion is to capture those process variables that have initial values assumed in the DBA and transient analyses, and which are monitored and controlled during power operation. Since the FCS facility no longer has fuel in the reactor vessel and is no longer licensed to operate, this criterion is not applicable.

Criterion 3 at 10 CFR 50.36(c)(2)(ii)(C) states that TS LCOs must be established for structures, systems, or components that are part of the primary success path and which function or actuate to mitigate a DBA or transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier. The intent of this criterion is to capture into the TS those structures, systems, and components that are part of the primary success path of a safety sequence analysis. The primary success path of a safety sequence analysis consists of combinations and sequences of equipment needed to operate (including consideration of the single failure criterion), so that the plant response to DBAs and transients limits the consequences of these events to within the appropriate acceptance criteria. Since fuel will have been removed from the reactor vessel and spent fuel pool at the FCS facility prior to implementation of this amendment, this criterion is not applicable.

Criterion 4 at 10 CFR 50.36(c)(2)(ii)(D) states that TS LCOs must be established for structures, systems, and components which operating experience or probabilistic risk assessment has shown to be significant to public health and safety. The intent of this criterion is that risk insights and operating experience be factored into the establishment of appropriate TS LCOs. Since fuel will have been removed from the reactor vessel and spent fuel pool at the FCS facility prior to implementation of this amendment, this criterion is not applicable.

10 CFR 50.36(c)(6), Decommissioning, applies to nuclear power reactor facilities (like FCS) that have submitted the certifications required by 10 CFR 50.82(a)(1). For such facilities, TS involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for operation; surveillance requirements; design features; and administrative controls are to be developed on a case-by-case basis.

10 CFR 50.36(c)(5), Administrative controls, states that administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. Therefore, the particular administrative controls to be included in the TS are the provisions that the Commission deems essential for the safe operation of the facility that are not already covered by other regulations. Accordingly, the NRC staff has determined (see discussion of NRC Administrative Letter (AL) 95-06, Relocation of Technical Specification Administrative Controls Related to Quality Assurance (Reference 3), below), that administrative control requirements that are not specifically identified under Section 50.36(c)(5), and are not otherwise necessary to obviate the possibility of an abnormal situation or an event giving rise to an immediate threat to the public health and safety, may be relocated to more appropriate documents (e.g., the Quality Assurance (QA) Program, Licensee Controlled Procedures (LCP), Physical Security Plan (PSP), or Emergency Plan (EP)), which are subject to their own regulatory controls, such as 10 CFR 50.54(a) for QA programs and 10 CFR 50.59, Changes, tests, and experiments.

Similarly, while the required content of TS administrative controls is specified in 10 CFR 50.36(c)(5), the particular details of these controls may be relocated to other licensee-controlled documents, where the 10 CFR 50.59 change evaluation process ensures that adequate regulatory controls are in place.

The regulations in 10 CFR Part 50, Appendix B, Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, establish requirements for NRC-approved QA plans; a QA program change control process is established in 10 CFR 50.54(a). NRC AL 95-06 provides guidance to licensees requesting amendments that relocate administrative controls to NRC-approved QA program descriptions, where subsequent changes are controlled pursuant to 10 CFR 50.54(a). NRC AL 95-06 provides specific guidance in the areas of: (1) independent safety engineering groups, (2) reviews and audits, (3) procedure review process, and (4) records and record retention. Some of the TS relocations requested by OPPD as part of the establishment of ISFSI-Only TS for FCS are specifically discussed in NRC AL 95-06, while others are similar in nature to those discussed in the AL. Relocations not specifically discussed in NRC AL 95-06 are evaluated with respect to the appropriateness of the relocation.

In addition, NRC AL 95-06 states that for the procedure review process, relocation should be to a QA plan that contains a commitment to process procedures and procedure changes in accordance with an accepted technical standard. The NRC staff determined that relocation of site-specific TS requirements regarding the establishment, implementation and maintenance of procedures to the QA plan remains acceptable because the change control process of 10 CFR 50.54(a) will govern any future changes to these requirements, as described in NRC AL 95-06.

3.0 TECHNICAL EVALUATION

The NRC staff has reviewed the licensees regulatory and technical analyses in support of its proposed ISFSI-Only TS changes, as described in the application dated September 28, 2018.

3.1 Background The FCS has been shut down since October 2016. OPPD submitted certifications for permanent cessation of reactor operations at FCS and permanent removal of fuel from the FCS reactor vessel on November 13, 2016. OPPD is authorized to possess and store irradiated nuclear fuel at the permanently shutdown and defueled FCS facility. After the FCS reactor was shut down, all fuel assemblies were removed from the reactor vessel and placed in the FCS SFP. The licensee is currently in the process of transferring the remaining fuel from the FCS SFP to the onsite ISFSI. After all the irradiated fuel has been transferred from the SFP to the FCS ISFSI, many of the requirements in the current PDTS are inapplicable or are no longer appropriate.

In addition, on April 25, 2017 (ADAMS Accession No. ML17213A407), the NRC approved Amendment 14 to standardized Certificate of Compliance (CoC) No. 1004 for the AREVA TN Americas' NUHOMS Spent Fuel Storage Casks. The NUHOMS casks are being used by FCS to store spent fuel in the onsite ISFSI. The 2017 revision to the CoC deleted the requirement to maintain the ability to return spent fuel to the SFP for inspection. With the approval of the CoC amendment, there is no longer a requirement to return spent fuel to the SFP, and therefore no need to maintain an SFP at sites that have been permanently shutdown and defueled, with all fuel moved to dry storage. The licensee has proposed multiple changes to the FCS PDTS to reflect this change in the requirements for spent fuel storage once all fuel assemblies have been moved to the FCS ISFSI, which is expected to occur in mid-2020.

In its application dated September 28, 2018, OPPD requested that the NRC review and approve the proposed ISFSI-Only PDTS for FCS. The proposed amendment would modify the FCS Renewed Facility Operating License and PDTS to reflect the condition of all irradiated fuel being in dry storage within the onsite ISFSI at FCS, using casks certified for use under a general license issued in accordance with 10 CFR 72.210. The amendment would also revise the FCS PDTS to eliminate operational requirements, as well as certain design requirements involving storage of spent fuel, that will no longer be applicable following the transfer of the last spent fuel assembly from the SFP to the ISFSI.

In addition, a new PDTS design requirement is proposed to prohibit storage of spent fuel in the SFP. This change would align the proposed license amendment with the proposed FCS ISFSI-Only Emergency Plan and the proposed FCS ISFSI-Only Security Plan, which are predicated on completion of the offload of spent fuel from the SFP and transfer to the ISFSI.

This will also align with the conditions of the AREVA NUHOMS CoC No. 1004, Amendment 14, to no longer require spent fuel to be returned to the SFP.

The proposed changes to the PDTS also involve relocating administrative requirements to either the FCS QATR or other licensee-controlled documents, and subsequently controlling them in accordance with 10 CFR 50.54(a), 10 CFR 50.71(e), and 10 CFR 50.59, as applicable. This relocation is being proposed pursuant to the criteria contained in 10 CFR 50.36 and in accordance with the recommendations contained in NRC AL 95-06.

The existing PDTS contain LCOs that provide for appropriate functional capability of equipment required for safe storage and management of irradiated fuel located in the SFP. As such, the existing PDTS provide a level of control in excess of that needed for safe storage and management of irradiated fuel with all fuel stored in an ISFSI. The majority of the existing PDTS are only applicable when irradiated fuel assemblies are within the SFP. Once all spent fuel

assemblies have been transferred to the FCS ISFSI, all remaining LCOs (and associated SRs) will no longer be applicable and are being proposed for deletion by the licensee.

In addition, after all spent fuel assemblies have been transferred to the ISFSI, there are no longer any structures, systems, or components (SSCs) at FCS that are required to be relied upon for accident mitigation. Therefore, with no fuel stored in the SFP, none of the SSCs at FCS meet the definition of a safety-related SSC as stated in 10 CFR 50.2, Definitions. Since there are no accident scenarios that apply to the condition with all spent fuel stored in dry casks within an ISFSI, no analyzed accidents associated with the storage of fuel remain applicable to FCS once all the spent fuel is stored in dry casks. In a permanently defueled condition with all spent fuel in storage within an ISFSI, the scope of equipment and parameters that need be included in the FCS PDTS is limited to a description of the design features and high radiation area administrative controls.

3.2 Renewed Facility Operating License Changes License Condition 1.B.

The licensee proposed to remove the requirements to maintain the FCS aging management program. The purpose of an aging management program is, in part, to ensure that aging effects on equipment important to the safe operation of the reactor are managed so that the functionality of the appropriate SSCs is maintained during the facilitys period of extended operation due to license renewal. For a permanently shutdown facility, most of the equipment subject to the aging management program is no longer in use and its functionality does not need to be maintained. However, during decommissioning some equipment, such as that related to the fire protection system, may be required, and therefore may be subject to the aging management program.

Accordingly, the FCS commitments for aging management are incorporated into Chapter 15, Aging Management Programs, of the Decommissioning Safety Analysis Report (DSAR), which is updated in accordance with 10 CFR 50.71(e). In addition, all fire protection requirements associated with 10 CFR 50.48(f) are controlled within the FCS fire protection program and therefore do not require separate aging management requirements. There is no other equipment meeting the requirements of the aging management program that is needed in the ISFSI only facility condition. Finally, the spent fuel storage cask system in the ISFSI is subject to the requirements of its own NUHOMS Certificate of Compliance and associated TSs. On this basis, the NRC staff finds the deletion of the aging management license condition acceptable.

License Condition 3.B.

The licensee proposed to change the wording in this license condition to correctly describe the incorporation in the license of the PDTS. The current wording was placed in the license condition to support the implementation of the PDTS and is proposed to be revised to correctly describe how changes to the PDTS are being incorporated into the license. This is an administrative change that revises the license condition wording associated with incorporation of the PDTS into the license. On this basis, the NRC staff finds the revision of this license condition acceptable.

License Condition 3.G.

The licensee proposed to delete in its entirety, as no longer applicable, the license condition regarding mitigation strategies for large fires and explosions. The license condition incorporated the requirements for mitigation strategies found in Section B.5.b of the Interim Compensatory Measures (ICM) Order EA-02-026, dated February 25, 2002 (ADAMS Accession No. ML020510305). Subsequently, 10 CFR 50.54(hh)(2) became effective on May 26, 2009.

As stated in 10 CFR 50.54(hh)(3), this regulation does not apply to a permanently defueled reactor for which the certifications required under 10 CFR 50.82(a), regarding the permanent cessation of operations and permanent removal of fuel from the reactor vessel, have been submitted. Further, by letter dated November 28, 2011 (ADAMS Accession No. ML111220447),

the NRC rescinded Item B.5.b of the ICM Order. Therefore, neither the ICM Order nor 10 CFR 50.54(hh) continue to apply to FCS. On this basis, the NRC staff finds the deletion of the license condition regarding mitigation strategies for large fires and explosions acceptable.

3.3 Technical Specification Changes Cover Sheet The licensee has proposed to revise the title sheet for Appendix A of the license, which is the Permanently Defueled Technical Specifications, and is currently titled Operating Renewed Facility Licensing No. DPR-40, Permanently Defueled Technical Specifications. The term "operating" will be removed from the title and revised to reflect that the PDTS apply to the renewed facility operating license, in order to align the title of Appendix A with the site license and the decommissioning status of the plant. This is an administrative change that more correctly labels the Appendix on the cover sheet; therefore, the NRC staff finds this revision acceptable.

Definitions The licensee has proposed to delete in its entirety, as no longer needed, the Definitions section from the PDTS. The purpose of the definitions is to provide uniform interpretation of frequently used terms in the PDTS. After transfer of the spent fuel from the SFP to the ISFSI is complete, the PDTS sections that reference the frequently used terms will be eliminated or relocated. Therefore, the definitions will no longer be needed. The NRC staff finds that since the terms would no longer be needed after the spent fuel has been removed from the SFP and transferred to the ISFSI, this change is administrative in nature and will not impact the continued safe storage and maintenance of spent fuel in the ISFSI. The NRC staff therefore finds it acceptable to delete the Definitions section of the FCS PDTS in its entirety.

Sections 2.0 and 3.0 The licensee has proposed to delete in their entirety Section 2.0, Limiting Conditions for Operations, which contains LCOs that provide for appropriate functional capability of plant equipment required for the safe maintenance and storage of fuel assemblies in the SFP, and Section 3.0, Surveillance Requirements, which establishes the standards and periodicity used to implement SRs for plant systems, from the PDTS. Removal of these sections reflects the permanent removal of spent fuel from the FCS SFP. After the transfer of spent fuel from the SFP to the ISFSI, there will no longer be any applicable LCOs or SRs in the PDTS, and the applicable TS bases sections will also be removed. Deletion of these sections will have no impact on the continued safe storage and maintenance of irradiated fuel in the ISFSI at FCS.

The NRC staff finds that since FCS will no longer store spent fuel in the SFP after all the fuel is

transferred to the ISFSI, these sections of the PDTS may be deleted in their entirety with no impact on the requirements for spent fuel safety and storage in the ISFSI-only configuration, and the proposed deletion is therefore acceptable.

Section 4.0 The licensee has proposed to modify Section 4.0, Design Features, of the PDTS, which describes the requirements for plant systems associated with the storage of spent nuclear fuel, to reflect the condition of permanent removal of spent fuel from the SFP. Specifically, Section 4.1, Site, and Section 4.3, Fuel Storage, describing the site and spent fuel storage requirements, would be revised or deleted. Section 4.1 would be revised to remove the site exclusion area description because it is based on requirements regarding dose analyses of reactor accidents that cannot happen when the reactor is permanently defueled. The removal of the description of the exclusion area boundary does not alter any regulatory requirements related to licensee authority over the site location and does not have an impact on continued safe storage and maintenance of irradiated fuel in the ISFSI. Section 4.3 would be revised to reflect that there will no longer be any fuel assemblies in the SFP, or need for the associated PDTS requirements, as well as deleting the associated SFP design references. A new design feature will be added stating that spent fuel shall not be stored in the SFP. This new design feature documents the premise on which the proposed amendment is based (i.e., that spent fuel will no longer be stored in the SFP). The NRC staff finds that the removal or change of these design feature descriptions will have no impact on the requirements for spent fuel safety and storage in the ISFSI-only configuration, and the proposed deletion is therefore acceptable.

Section 5.0 Section 5.0, Administrative Controls, of the PDTS establishes the requirements associated with personnel, administrative programs, reporting, and PDTS basis control. This licensee has proposed to revise this section of the PDTS to include only those administrative requirements needed when all of the spent fuel is in the ISFSI. Therefore, all of the sections in PDTS Section 5.0, with the exception of Section 5.11, Radiation Protection Program, are being deleted in their entirety, with the pertinent information relocated to the FCS QATR. NRC AL 95-06 provides a discussion concerning the relocation of TS administrative controls to a QA program. The relocation of these requirements to the QA program is considered acceptable because of the controls imposed by Appendix B to 10 CFR Part 50, the existence of an NRC approved QA program, and the QA program change control process in 10 CFR 50.54(a). When these administrative controls are incorporated into the FCS QATR, any future changes would be controlled in accordance with 10 CFR 50.54(a). This provides adequate administrative controls for the facility when all spent fuel is located within the ISFSI.

Specifically, the licensee proposed to eliminate Section 5.1, Responsibility, which provides a description of requirements for the plant manager and the shift manager. The responsibilities of the plant manager will be deleted from the PDTS and relocated to the QATR. The shift manager responsibilities are being eliminated. With removal of all of the spent fuel from the SFP, the need for a shift manager for spent fuel management no longer exists. The position of shift manager is a holdover from supervising multiple functions at an operating nuclear power plant. With the limited requirements for supervision of the passive fuel storage at the ISFSI, or with respect to the decommissioning of the former power generation facility, the shift manager position and the shift command function are no longer required. Since this change is

administrative in nature and consistent with the level of responsibilities when all of the spent fuel is stored in the ISFSI, the NRC staff finds it acceptable.

The licensee proposed to eliminate most and relocate some of the requirements in Section 5.2, Organization, to the QATR. Section 5.2 provides a description of, and requirements for, onsite and offsite organizations and facility staffing, includes lines of authority and staff responsibilities, and specifies requirements for fuel handling operations and supervision.

Section 5.2.1, Organization, establishes the requirements for plant lines of authority. Section 5.2.1(d) provides requirements for organizational freedom of the Certified Fuel Handler (CFH) trainers, and the health physics and QA personnel. FCS proposed to eliminate the portion of Section 5.2.1(d) pertaining to CFH trainers. The remainder of Section 5.2.1 will be deleted from the PDTS and relocated to the QATR to provide an equivalent description of the requirements for organizational freedom of the health physics and QA personnel.

Section 5.2.2, Facility Staff, establishes the requirements for personnel required at the station to assure safe facility operation and the safety of the nuclear fuel. This section provided for adequate staff to ensure the safe storage and movement of fuel, including an individual qualified in radiation protection procedures and designation of fire responsibilities. The QATR and DSAR address the necessary organizational requirements for FCS after all spent fuel has been transferred to ISFSI. Following the transfer of all spent fuel to the ISFSI, and the new provision in Section 4.3 of the PDTS prohibiting storage of fuel in the SFP, there will no longer be a need for CFHs or the other specified personnel requirements in this section.

After implementation of the FCS ISFSI-Only PDTS, storage of spent fuel in the SFP will be prohibited; accordingly, there will no longer be a need for many of the personnel described in Section 5.2, or the associated training programs. Relocating the remaining responsibilities to the QATR is consistent with NRC AL 95-06. Therefore, the proposed deletions and relocations to the QATR of the PDTS Section 5.2 requirements will have no impact on safe storage and maintenance of spent fuel in the ISFSI and are therefore acceptable to the NRC staff.

Section 5.3, Facility Staff Qualification, establishes the minimum requirements for staff qualification. American National Standards Institute (ANSI) Standard N18.1-1971, "Selection and Training of Nuclear Power Plant Personnel," referenced in Section 5.3, contains the minimum requirements associated with facility staff qualifications. The licensee proposed to eliminate this section entirely from the PDTS and relocate it to the QATR to provide an equivalent description of the qualification requirements. Relocating these requirements to the QATR is consistent with NRC AL 95-06, and is therefore acceptable to the NRC staff.

Section 5.4, Training, establishes the requirements for training facility staff. The licensee proposed to delete Section 5.4.1 from the PDTS and relocate the requirement to the QATR to provide an equivalent description of the requirements for FCS staff qualifications. Relocating these responsibilities to the QATR is consistent with AL 95-06. Therefore, this proposed deletion and relocation are acceptable. Likewise, the licensee proposed to eliminate Section 5.4.2 from the PDTS. This section establishes the requirements for the approved training and retraining program for CFHs and specifies requirements for a CFH training program. Following the transfer of all spent fuel to the ISFSI, and the new provision in PDTS Section 4.3 prohibiting storage of spent fuel in the SFP, there will no longer be a need for CFHs, which removes the need for an associated training program. Therefore, the proposed deletion of this section of the PDTS is acceptable to the NRC staff.

Sections 5.5, 5.6 and 5.7 were deleted in a previous amendment to the PDTS.

Section 5.8, Procedures, addresses requirements for procedures and various programs listed in certain PDTS sections. The licensee proposed to relocate the requirements of this section to the QATR, except for 1) Section 5.8.1(a), which specifies procedures applicable to the safe storage of nuclear fuel as recommended in Appendix A, Typical Procedures for Pressurized Water Reactors and Boiling Water Reactors, to Regulatory Guide 1.33, Quality Assurance Program Requirements (Operation), Revision 2, dated February 1978, and 2) Section 5.8.3, which is associated with fuel assemblies to be placed in a specified portion of the spent fuel racks. These two subsections will be eliminated as they are no longer applicable.

Section 5.9, Reporting Requirements, provides a description and requirements for reports that are to be submitted in accordance with 10 CFR 50.4, Written communications. The licensee proposed to delete this section from the PDTS and relocate the requirements for the Annual Radiological Effluent Release Report and the Annual Radiological Environmental Operating Report to the QATR. After these administrative controls are incorporated into the QATR, any future changes will be controlled in accordance with 10 CFR 50.54(a). The relocation of administrative controls for reporting requirements to the QATR is consistent with NRC AL 95-06, will have no impact on safe storage and maintenance of spent fuel in the ISFSI, and is therefore acceptable.

Section 5.10, Record Retention, establishes the requirements for maintaining records. The licensee proposed to delete the record retention requirements from the PDTS and continue to maintain records as described in the FCS QA program. These requirements are already located in the QATR so there will be no reduction in the overall record retention requirements.

The location of these requirements in the QATR is consistent with NRC AL 95-06. Therefore, the proposed deletion is acceptable to the NRC staff.

Sections 5.11.1 and 5.11.2, Radiation Protection Program, establish the requirements for personnel radiation protection. The licensee proposed to relocate Section 5.11.1(c) to before the associated note to improve readability. This is an administrative change that does not change the technical content of the section. Therefore, the proposed change is acceptable.

In Section 5.11.2, the licensee proposed to remove the requirement for the Shift Manager (SM) on duty to maintain high radiation door keys. With the SM position no longer required, the control of the locked high radiation area door keys will reside only with the Manager of Radiation Protection, or his or her designee. With removal of all spent fuel from the SFP, the SM position for spent fuel management will longer exist. Therefore, the deletion of the specified position responsibility in this section of the PDTS is acceptable.

Sections 5.12, 5.13, 5.14. and 5.15, were deleted in a previous amendment to the PDTS.

Section 5.16, Radiological Effluents and Environmental Monitoring Programs, specifies the requirements and controls for the site effluents. Section 5.16.1, Radioactive Effluent Controls Program, specifies requirements for the control of radioactive effluents and for maintaining doses to the public from effluents as low as reasonably achievable (ALARA). The licensee proposed to delete this requirement from the PDTS and relocate it to the QATR, except for the last sentence, which reads The provisions of SR 3.0.2 and SR 3.0.3 are applicable to Radioactive Effluent Controls Program Surveillance Frequencies. This sentence will be deleted

from the PDTS and will not be relocated. Since PDTS Sections 3.0.2 and 3.0.3 are being deleted, this sentence is no longer relevant.

In addition, the specific requirements associated with noble gas in Sections 5.16.1(b), (g), and (h) will not be relocated to the QATR because after all spent fuel is transferred to the ISFSI and contained within dry storage casks, there will no longer be a requirement to monitor for noble gases released from the facility. The remaining requirements for a Radioactive Effluent Controls Program will be maintained in accordance with 10 CFR 50.54(a). Since the intent of this section is to ensure that the Radioactive Effluent Controls Program continues to meet the requirements of 40 CFR 190 Environmental Radiation Protection Standards for Nuclear Power Operations, 10 CFR 20 Standards for Protection Against Radiation, 10 CFR 50.36a Technical Specifications on Effluents from Nuclear Power Reactors, and 10 CFR 50, Appendix I Numerical Guides for Design Objectives and Limiting Conditions for Operation to Meet the Criterion As Low as is Reasonably Achievable for Radioactive Material in Light-Water-Cooled Nuclear Power Reactor Effluents, and because these requirements will be maintained in the QATR, the relocated requirements will continue to be subject to regulatory controls. Therefore, the proposed deletions and relocations of the requirements in this section are acceptable to the NRC staff.

Section 5.16.2, Radiological Environmental Monitoring Program, provides for monitoring of radionuclides in the environs of the plant. The licensee proposed to delete these requirements from the PDTS in their entirety and relocate them to the QATR. The requirements for this program will be maintained in accordance with 10 CFR 50.54(a). Because these requirements will be maintained in the QATR, the relocated requirements will continue to be subject to regulatory controls. Therefore, the proposed relocation of the requirements in this section is acceptable to the NRC staff.

Section 5.17, Offsite Dose Calculation Manual, specifies how to document, review, and approve changes to the ODCM. The licensee proposed to delete these requirements from the PDTS and relocate them to the QATR. After the administrative controls are incorporated into the QATR, any future changes will be controlled in accordance with 10 CFR 50.54(a). This will provide adequate control for the facility with all spent fuel located within the ISFSI. The relocation of these administrative requirements to the QATR is consistent with NRC AL 95-06 and will have no impact on the safe storage and maintenance of spent fuel in the ISFSI.

However, the reference to Section 5.8.2 in Section 5.17(c), associated with ODCM temporary change control, will not be transferred to the QATR because Section 5.8.2 is being eliminated from the PDTS. The remaining requirements for changes to the ODCM, including temporary changes, will be controlled by the QATR. Because the intent of this section is to ensure that the ODCM continues to meet the requirements of 40 CFR 190, 10 CFR 20, 10 CFR 50.36(a), and 10 CFR 50, Appendix I, and because this requirement will be maintained in the QATR, the relocated requirements will continue to be subject to regulatory controls. Therefore, the proposed relocation of the requirements in this section are acceptable to the NRC staff.

Sections 5.18 and 5.19 were deleted in a previous amendment to the PDTS.

Section 5.20, Technical Specification Bases Control Program, establishes the requirements to update and maintain the basis for the FCS TSs. Currently, the TS bases are all related to storage of spent fuel in the SFP; specifically, the requirements in Section 4.3 of the current PDTS, which are being deleted as described above. Following transfer of all spent fuel to the ISFSI, the SFP will no longer be used for spent fuel storage. All of the bases in the existing

PDTS are being eliminated with the proposed changes to the corresponding sections. Because the TS bases will be deleted, there will no longer be a need for a TS bases control program.

The removal of this section will not reduce the effectiveness of the FCS ISFSI-Only PDTS.

Therefore, the proposed deletion of these requirements is acceptable.

3.4 Conclusion Based on the NRC staffs review of the FCS ISFSI-Only proposed amendment to the PDTS, as described above, the NRC staff concludes that the requirements of 10 CFR 50.36 are addressed in a satisfactory manner, considering the permanently shutdown and defueled status of the facility, and the proposed transfer of all remaining spent fuel from the FCS SFP to the ISFSI by mid-2020.

4.0 ENVIRONMENTAL CONSIDERATION

The amendment to the FCS 10 CFR Part 50 renewed facility operating license and PDTS includes changes to requirements with respect to installation or use of a facility component located within the protected area, changes to surveillance requirements, and changes to recordkeeping, reporting, or administrative procedures or requirements. The NRC staff has determined that the amendments involve 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, which was published in the Federal Register on November 20, 2018 (83 FR 58607), and there have been no public comments on this finding.

Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22 (c)(9) and 10 CFR 51.22(c)(10)(ii). 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.

5.0 STATE CONSULTATION

On October 11, 2019 (ADAMS) Accession No. ML19309F111, the NRC staff notified the Nebraska State Liaison Officer to the NRC, Ms. Julia Schmitt, Manager, Office of Radiological Health, Nebraska Department of Health & Human Services regarding the proposed changes to the FCS license and PDTS to reflect the transfer of all spent fuel into dry cask storage at the onsite ISFSI, and the NRC staffs intent to approve the FCS ISFSI-only license changes and PDTS revisions via license amendment. The Nebraska State Liaison Officer had no response.

6.0 CONCLUSION

Based on review of the licensees application dated September 28, 2018, and the proposed changes to the FCS Renewed Facility Operating License and PDTS to reflect the removal of all spent nuclear fuel from the FCS SFP and transfer to dry cask storage in an onsite ISFSI, the NRC staff finds that the proposed changes meet the standards in 10 CFR 50.36. Further, the changes proposed by this license amendment request will delete requirements that will no longer be applicable following the transfer of all spent nuclear fuel to the FCS ISFSI, as well as relocate administrative controls to licensee-controlled programs in a manner consistent with NRC AL 95-06. On the basis of its review, the NRC staff concludes that the licensees request adequately addresses the applicable regulatory safety requirements for a permanently

shutdown nuclear power facility with all spent nuclear fuel transferred to dry cask storage in an ISFSI. Therefore, the NRC staff concludes that the licensees proposed FCS ISFSI-Only PDTS are acceptable.

The NRC staff also concludes, 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) 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.

7.0 REFERENCES

1. NRC Final Rule, Technical Specification for Facility Licenses; Safety Analysis Reports, dated December 17, 1968 (33 FR 18610).

2. NRC Final Policy Statement on Technical Specifications Improvements for Nuclear Power Reactors, dated July 22, 1993 (58 FR 39132).

3. NRC Administrative Letter 95-06, Relocation of Technical Specification Administrative Controls Related to Quality Assurance, dated December 12, 1995 (ADAMS Legacy Library No. 9512060318).

Principal Contributor: Jack D. Parrott, NMSS Dated: December 9, 2019