ML20076N062
| ML20076N062 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 11/03/1994 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20076N056 | List: |
| References | |
| GL-86-10, GL-88-12, NUDOCS 9411090171 | |
| Download: ML20076N062 (6) | |
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SAFETY EVALUATION BY THE OFFICE OF NVCLEAR REACTOR REGULATION RELATED TO AMENDliENT N0. 218 TO FACILITY OPERATING LICENSE NO. DPR-59 POWER AUTHORITY OF THE STATE OF NEW YORK JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET N0. 50-333 1.0 INTRODVCTION By letter dated July 21, 1994, as supplemented September 26, 1994, the Power Authority of the State of New York (the licensee) submitted a request for changes to the James A. FitzPatrick Nuclear Power Plant Technical Specifications (TSs).
The requested changes would relocate fire protection requirements from the TSs to the plant fire protection program in accordance with the guidance provided in Generic Letter (GL) 86-10, " Implementation of Fire Protection Requirements," and GL 88-12 " Removal of Fire Protection Requirements from the Technical Specifications." The requested changes would also modify the Facility Operating License to incorporate the standard fire protection license condition provided in GL 86-10. The September 26, 1994, letter added references to fire protection-related license amendments and NRC exemptions to the proposed fire protection license condition and did not change the initial proposed no significant hazards consideration determination.
2.0 BACKGROUND
Section 50.36 of Title 10 of the Code of Federal Reaulations established the regulatory requirements related to the content of the TSs. The rule requires that TSs include items in five specified categories:
(1) safety limits, 4
limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance requirements; (4) design features; and (5) administrative controls.
In addition, the Commission's final policy statement on TS improvements, 58 FR 39132 (July 22,1993), and other Commission documents provide guidance regarding the content of TSs.
The funda.... ental purpose of the TSs, as described in the Commission's final policy i
statement, is to impose those conditions or limitations upon reactor operation necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety by identifying those features that are of controlling importance to safety and establishing on them certain conditions of operation which cannot be changed without prior j
Commission approval.
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00 x PDR
. The Commission's final policy statement acknowledged that its implementation may result in the relocation of existing TS requirements to licensee controlled documents and programs such as the Updated Final Safety Analysis Report (UFSAR). Those items relocated to the UFSAR would in turn be controlled in accordance with the requirements of 10 CFR 50.59, " Changes, tests, and experiments." Section 50.59 of Title 10 of the Code of Federal Regulations provides criteria to determine when facility or operating changes planned by a licensee require prior Commission approval in the form of a license amendment in order to address any unreviewed safety questions.
NRC inspection and enforcement programs also enable the staff to monitor facility changes and licensee adherence to UFSAR commitments and to take any remedial action that may be appropriate.
Following the fire at the Browns Ferry Nuclear Power Plant on March 22, 1975, the Commission undertook a number of actions to ensure that improvements were implemented in the fire protection programs for all power reactor facilities.
Because of the extensive modification of fire protection programs and the number of open issues resulting from staff evaluations, a number of revisions and alterations occurred in these programs over the :aars. Consequently, licensees were requested by GL 86-10 to incorporate the final NRC-approved fire protection program in their FSARs.
In this manner, the fire protection program, including the systems, certain adainistrative and technical controls, the organization, and other plant features a:sociated with fire protection, would have a status consistent with that of other plant features described in the FSAR.
In addition, the Commission concluded that a standard license condition, requiring compliance with the provisions of the fire protection program as described in the FSAR, should be used to ensure uniform enforcement of the fire protection requirements.
Finally, the Commission stated that with the requested actions, licensees may request an amendment to delete the fire protection TSs that would now be unnecessary.
On this basis, the staff concludes that a licensee's fire protection program does not need to be controlled by TSs, and changes to the fire protection program, which will be described in the UFSAR, are adequately controlled by 10 CFR 50.59.
Should the licensee's determination conclude that an unreviewed safety question is involved, due to either (1) an increase in the probability or consequences of accidents or malfunctions of equipment important to safety, (2) the creation of a possibility for an accident or malfunction of a different type than any evaluated previously, or (3) a reduction in the margin of safety, NRC approval and a license amendment would be required prior to implementation of the change.
3.0 DISCUS 9104 The licensee has proposed the following TS changes:
A.
Delete TS 3/4.12.A. (High Pressure Water Fire Protection System),
TS 3/4.12.B. (Water Spray and Sprinkler Systems), TS 3/4.12.C. (Carbon j
Dioxide Systems), TS 3/4.12.0. (Manual Fire Hose Stations), TS 3/4.12.E.
. (Fire Protection Systems Smoke and Heat Detectors), TS 3/4.12.F. (Fire Barrier Penetration Seals), and their associated Bases and incorporate them into the UFSAR by reference and into Administrative Procedure AP-01-04, " Tech Spec Related Requirements, Lists, and Tables."
8.
Delete 15 6.2.2.3. for site fire brigade staffing and incorporate into the UFSAR by reference and into the administrative procedures.
C.
Delete TS 6.4 requirements related to the fire brigade training program and incorporate into the UFSAR by reference.
D.
Add TS 6.5.1(E)13. to include the review of the fire protection program and implementing procedures as an additional responsibility of the Plant Operating Review Committee (PORC).
E.
Delete TS 6.9(B)2. related to the requirements for special reports for inoperable fire protection suppression and detection equipment including fire barrier penetration seals.
The licensee also proposed that paragraph 2.C.(3) of the facility Operating License be modified to read as follows:
The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No. I dated February 1, 1973; the SER Supplement No. 2 dated October 4, 1974; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical l
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, 1
January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:
The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
References to exemptions dated May 10, 1982, and May 6, 1985, were not included in the proposed license condition since they were schedular i
exemptions which have since expired.
References to two exemptions dated i
September 18, 1991, were not included in the license condition since they were rendered unnecessary by plant modifications. An exemption dated February 1, 1984, was not referenced in the license condition since this exemption was superseded by an exemption dated January 11, 1985.
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. 4.0 EVALUATION The NRC staff reviewed the license amendment request against the guidance provided in GLs 86-10 and 88-12.
Generic Letter 86-10 requested that the licensee incorporate the NRC-approved fire protection program into the facility FSAR and specified a standard fire protection license condition.
GL 88-12 addressed the elements a licensee should include in a license amendment request to remove the fire protection requirements from the plant TSs.
These elements are (1) the NRC-approved fire protection program must be incorporated into the FSAR; (2) the LCOs and Surveillance Requirements associated with fire detection systems, fire suppression systems, fire barriers, and the administrative controls that address fire brigade staffing would be deleted from the TSs (the existing administrative controls related to fire protection audits would be retained in the TSs); (3) all operational conditions, remedial actions, and test requirements presently included in the TSs for these systems, as well as the fire brigade staffing requirements, shall be incorporated into the fire protection program; (4) the standard fire protection license condition specified in GL 86-10 must be included in the Facility Operating License; (5) the Unit Review Group (0nsite Review Group) shall be given responsibility for review of the fire protection program and implementing procedures and for the submittal of recommended changes to the Company Nuclear Review and Audit group (Off-site or Corporate Review Group);
and (6) fire protection program implementation shall be added to the list of elements for which written procedures shall be established, implemented, and maintained.
The licensee stated in the July 21, 1994, submittal that the approved fire protection program will be incorporated by reference into the plant UFSAR in the 1995 UFSAR update.
Based on this commitment, the staff concludes that the licensee has satisfied Element 1 of GL 88-12.
The licensee will incorporate the current TS LC0 and surveillance requirements for fire detection systems, fire suppression systems, and fire rated assemblies into Administrative Procedure AP-01.04.
Control of these LCOs and surveillance requirements by the TSs is not required since they will be relocated as they currently exist to licensee procedures and maintained under appropriate administrative controls. The licensee will also incorporate the TS requirements related to fire brigade staffing into AP-01.04.
The licensee has, therefore, satisfied Elements 2 and 3 of GL 88-12. The staff has determined that fire protection TSs are not required to avert an immediate threat to the public health and safety since they are not associated with:
(1) the detection of abnormal degradation of the reactor coolant system pressure boundary, (2) boundary conditions for design basis accidents and transients, (3) primary success paths to prevent or mitigate design basis accidents and transients, or (4) functions determined to be important to risk or operating experience.
The licensee has proposed the standard fire protection license condition specified in GL 86-10.
The licensee has, therefore, satisfied Element 4 of GL 88-12.
. In order to satisfy Element 5 of GL 88-12, the licensee will add TS 6.5.l(E)13. to include the review of the fire protection program and implementing procedures as an additional responsibility of the PORC. The licensee has, therefore, satisfied Element 5 of GL 88-12.
Element 6 of GL 88-12 required the licensee to add the fire protection program to the list of elements for which written procedures shall be established, implemented, and maintained. Since TS 6.8.1 currently addresses the fire protection program, no changes are required and the licensee has satisfied Element 6 of GL 88-12.
The licensee also proposed to delete TS 6.9.B.2 which relates to special reporting requirements for fire protection system smoke and heat detectors, fire suppression systems, and fire barrier penetration seals.
Since the TSs far the detectors, fire suppression systems, and fire barrier penetration seals will be deleted by the proposed amendment, the reporting requirements will no longer be applicable to the plant TSs. The deletion of TS 6.9.B.2 is, therefore, acceptable.
In summary, the staff has concluded that relocation of the fire protection TSs is acceptable because (1) their inclusion in TSs is not specifically required by 10 CFR 50.36 or other regulations, (2) fire protection TSs are not required to avert an immediate threat to the public health and safety, (3) changes that are described in the UFSAR and deemed to involve an unreviewed safety question will require prior NRC-approval in accordance with 10 CFR 50.59(c), and (4) the proposed TS amendment is consistent with NRC staff guidance provided in GLs 86-10 and 88-12.
5.0 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.
6.0 ENVIRONMENTAL CONSIDERATION
The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20 and changes surveillance requirements. 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 (59 FR 42345). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9).
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.
7.0 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) 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:
A. Singh Date: November 3, 1994 i
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