RA-20-0007, Request to Correct Administrative Renewed Facility Operating License Error

Request to Correct Administrative Renewed Facility Operating License Error

ML20021A136
Person / Time
Site:	Robinson
Issue date:	01/21/2020
From:	Nolan M Duke Energy Progress
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
RA-20-0007
Download: ML20021A136 (8)

Text

M. Christopher Nolan Vice President Regulatory Affairs, Policy & EP 526 South Church Street, EC-07H Charlotte, NC 28202 704-382-7426 Chris.Nolan@duke-energy.com 10 CFR 50.4 January 21, 2020 Serial: RA-20-0007 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 H.B. Robinson Steam Electric Plant, Unit 2 Renewed Facility Operating License No. DPR-23 Docket No. 50-261

Subject:

Request to Correct Administrative Renewed Facility Operating License Error

References:

1. Duke Energy letter, Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, dated April 5, 2018 (ADAMS Accession No. ML18099A130).

2. Duke Energy letter, Supplement to the Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, dated June 6, 2018 (ADAMS Accession No. ML18162A147).

3. Duke Energy letter, Response to NRC Request for Additional Information (RAI)

Regarding Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, dated November 13, 2018 (ADAMS Accession No. ML18317A026).

4. Duke Energy letter, Response to NRC Request for Additional Information (RAI)

Regarding Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components (SSCs) for Nuclear Power Reactors, dated May 6, 2019 (ADAMS Accession No. ML19126A143).

5. NRC letter, H. B. Robinson Steam Electric Plant, Unit No. 2 - Issuance of Amendment No. 266 to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors (EPID L-2018-LLA-0095), dated September 24, 2019 (ADAMS Accession No. ML19205A289).

6. SECY-96-238, Proposed Guidance for Correction of Technical Specification Typographical Errors (Legacy ADAMS Accession No. 9611250030).

U.S. Nuclear Regulatory Commission RA-20-0007 Page 2 Ladies and Gentlemen:

Duke Energy Progress, LLC (Duke Energy) requests a correction to Appendix B of the Renewed Facility Operating License (FOL) for H.B. Robinson Steam Electric Plant Unit 2 (HBRSEP2). The error was inadvertently introduced by the issuance of Amendment No. 266 on September 24, 2019 (Reference 5). The error was not noticed to the public, nor reviewed by the NRC as part of the amendment process (References 1 through 5), and thus falls within the scope of guidance provided in SECY-96-238 (Reference 6). describes the error and correction. Enclosure 2 provides a mark-up of the affected FOL Appendix B page as issued by Amendment No. 266. Enclosure 3 provides a revised (i.e.,

typed) copy of the FOL Appendix B page.

This document contains no new regulatory commitments. Please refer any questions regarding this submittal to Mr. Art Zaremba, Manager - Nuclear Fleet Licensing, at (980) 373-2062.

Sincerely, M. Christopher Nolan, Vice President - Regulatory Affairs, Policy & Emergency Preparedness JLV/jlv

Enclosures:

1. Description of Renewed Facility Operating License (Appendix B) Error

2. Mark-up of Affected Renewed Facility Operating License (Appendix B) Page

3. Revised (Typed) Renewed Facility Operating License (Appendix B) Page cc: Ms. L. Dudes, NRC Regional Administrator, Region II Mr. A. Hon, NRC Project Manager, HBRSEP2 (Electronic Copy Only)

Mr. M. Fannon, NRC Senior Resident Inspector, HBRSEP2

RA-20-0007 Enclosure 1 Page 1 Description of Renewed Facility Operating License (Appendix B) Error Requested Action Consistent with the information contained in SECY-96-238, Proposed Guidance for Correction of Technical Specification Typographical Errors, Duke Energy Progress, LLC (Duke Energy) requests a correction of an error in Appendix B of the Renewed Facility Operating License (FOL) for H.B. Robinson Steam Electric Plant Unit 2 (HBRSEP2).

Note that although SECY-96-238 specifically pertains to errors in the Technical Specifications, NRR Office Instruction No. LIC-101, License Amendment Review Procedures, Revision 5 states in part that In the absence of a policy, the staff should follow the same principle set forth in SECY-96-238 (for correction to the TSs) for the correction of errors in operating license pages.

Typographical Error On April 5, 2018 (Reference 1), Duke Energy submitted a license amendment request (LAR) to permit the implementation of Title 10 of the Code of Federal Regulations (10 CFR), Section 50.69, Risk-informed categorization and treatment of structures, systems, and components for nuclear power reactors. In the 10 CFR 50.69 LAR, it was stated that screening using the Individual Plant Examination of External Events (IPEEE) is used to assess risk from high winds and external flood rather than probabilistic risk assessment (PRA) models. That LAR statement regarding use of the IPEEE to screen external hazards is consistent with the proposed FOL Appendix B license condition provided by letter dated November 13, 2018 (Reference 2) in response to request for additional information (RAI) question 09. However, although the proposed license condition wording in response to RAI 09 was correct and consistent with the original LAR discussion, the wording did not match the FOL Appendix B markup provided in Reference 2. The markup stated, in part (emphasis in italics):

Duke Energy is approved to implement 10 CFR 50.69 using the processes for categorization of Risk Informed Safety Class (RISC)-1, RISC-2, RISC-3, and RISC-4 structures, systems, and components (SSCs) using: Probabilistic Risk Assessment (PRA) models to evaluate risk associated with internal events, including internal flooding, internal fire, high winds, and external flood....

The above wording that incorrectly implies that HBRSEP2 will rely on PRA models for the high winds and external flood hazards for implementation of 10 CFR 50.69 was subsequently propagated to the FOL Appendix B markup associated with another Duke Energy RAI response (Reference 3). The wording was eventually introduced to Appendix B of the FOL for HBRSEP2 by the issuance of Amendment No. 266 which approved the implementation of 10 CFR 50.69 (Reference 4).

The NRC Safety Evaluation (see Sections 3.5.3 and 3.5.5) associated with Amendment No. 266 approved the provisions of 10 CFR 50.69 without relying on the use of high winds and external flood PRA models. Thus, the existing 10 CFR 50.69 license condition is a typographical error and is inconsistent with the Duke Energy LAR correspondence and NRC approval for HBRSEP2 to implement 10 CFR 50.69.

U.S. Nuclear Regulatory Commission RA-20-0007 Page 2 Correction to the Affected Renewed Facility Operating License (Appendix B) Page SECY-96-238 (Reference 5) provides guidance for correction of inadvertent typographical errors in the Technical Specifications. However, as previously noted, the same principles apply to correction of errors in FOL pages. SECY-96-238 states, in part:

the case in which the staff or licensee can demonstrate that the error was introduced inadvertently in a particular license amendment and that the erroneous change was not addressed in the notice to the public nor reviewed by the staff. Under these limited circumstances, the change that introduced the typographical error was not a proper amendment to the license because it was neither addressed in the notice nor reviewed, and correction of the typographical error is not a change to the TSs. Accordingly, the typographical error may be corrected by a letter to the licensee from the NRC staff, instead of an amendment to the license.

The above error was not noticed to the public, nor was it reviewed by the NRC as part of the amendment process. The pre-notice for Amendment No. 266 was published in the Federal Register on June 5, 2018 (83 FR 26098). The pre-notice does not address reliance on high winds and external flood PRA models regarding a license condition for HBRSEP2 to implement 10 CFR 50.69. Similarly, the LAR and RAI responses supporting Amendment No. 266 do not discuss reliance on high winds and external flood PRA models to implement 10 CFR 50.69.

Therefore, this error may be corrected without a license amendment. provides a mark-up of the FOL Appendix B page as issued by Amendment No.

266. Enclosure 3 provides a revised (typed) copy of the FOL Appendix B page.

References

1. Duke Energy letter, Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, dated April 5, 2018 (ADAMS Accession No. ML18099A130).

2. Duke Energy letter, Response to NRC Request for Additional Information (RAI) Regarding Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, dated November 13, 2018 (ADAMS Accession No. ML18317A026).

3. Duke Energy letter, Response to NRC Request for Additional Information (RAI) Regarding Application to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components (SSCs) for Nuclear Power Reactors, dated May 6, 2019 (ADAMS Accession No. ML19126A143).

4. NRC letter, H. B. Robinson Steam Electric Plant, Unit No. 2 - Issuance of Amendment No.

266 to Adopt 10 CFR 50.69, Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors (EPID L-2018-LLA-0095), dated September 24, 2019 (ADAMS Accession No. ML19205A289).

5. SECY-96-238, Proposed Guidance for Correction of Technical Specification Typographical Errors (Legacy ADAMS Accession No. 9611250030).

Serial: RA-20-0007 H.B. Robinson Steam Electric Plant, Unit 2 Docket No. 50-261 / Renewed License No. DPR-23 Request to Correct Administrative Renewed Facility Operating License Error Enclosure 2 Mark-up of Affected Renewed Facility Operating License (Appendix B) Page

APPENDIX B ADDITIONAL CONDITIONS date of the most recent successful tracer gas test, or within the next 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

(b) The first performance of the periodic assessment of CRE habitability, TS 5.5.17.c.(ii), shall be within the next 9 months.

(c) The first performance of the periodic measurement of CRE pressure, TS 5.5.17.d, shall be within 18 months, plus the 138 days allowed by SR 3.0.2, as measured from the date of the most recent successful pressure measurement test.

266 Duke Energy is approved to implement 10 Upon implementation of CFR 50.69 using the processes for Amendment No. 266.

categorization of Risk Informed Safety Class (RISC)-1, RISC-2, RISC-3, and RISC-4 structures, systems, and components (SSCs) using: Probabilistic Risk Assessment (PRA) models to evaluate risk associated with internal events, including internal flooding, and internal fire, high winds, and external flood; the shutdown safety assessment process to assess shutdown risk; the Arkansas Nuclear One, Unit 2 (ANO-2) passive categorization method to assess passive component risk for Class 2 and Class 3 SSCs and their associated supports; and the results of non PRA evaluations that are based on the IPEEE Screening Assessment for External Hazards, i.e., seismic margin analysis (SMA) to evaluate seismic risk, and a screening of other external hazards updated using the external hazard screening significance process identified in ASME/ANS PRA Standard RA-Sa-2009; as specified in Unit 2 License Amendment No. 266 dated September 24, 2019.

HBRSEP, Unit No. 2 2 Amendment No. 266

Serial: RA-20-0007 H.B. Robinson Steam Electric Plant, Unit 2 Docket No. 50-261 / Renewed License No. DPR-23 Request to Correct Administrative Renewed Facility Operating License Error Enclosure 3 Revised (Typed) Renewed Facility Operating License (Appendix B) Page

APPENDIX B ADDITIONAL CONDITIONS date of the most recent successful tracer gas test, or within the next 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

(b) The first performance of the periodic assessment of CRE habitability, TS 5.5.17.c.(ii), shall be within the next 9 months.

(c) The first performance of the periodic measurement of CRE pressure, TS 5.5.17.d, shall be within 18 months, plus the 138 days allowed by SR 3.0.2, as measured from the date of the most recent successful pressure measurement test.

266 Duke Energy is approved to implement 10 Upon implementation of CFR 50.69 using the processes for Amendment No. 266.

categorization of Risk Informed Safety Class (RISC)-1, RISC-2, RISC-3, and RISC-4 structures, systems, and components (SSCs) using: Probabilistic Risk Assessment (PRA) models to evaluate risk associated with internal events, including internal flooding, and internal fire; the shutdown safety assessment process to assess shutdown risk; the Arkansas Nuclear One, Unit 2 (ANO-2) passive categorization method to assess passive component risk for Class 2 and Class 3 SSCs and their associated supports; and the results of non PRA evaluations that are based on the IPEEE Screening Assessment for External Hazards, i.e., seismic margin analysis (SMA) to evaluate seismic risk, and a screening of other external hazards updated using the external hazard screening significance process identified in ASME/ANS PRA Standard RA-Sa-2009; as specified in Unit 2 License Amendment No. 266 dated September 24, 2019.

HBRSEP, Unit No. 2 2 Amendment No. 266