ML20204E551

Application for Amend to License DPR-3,requesting Transfer of Adminstrative Requirements from Plant Defueled TS to Decommissioning QA Program

ML20204E551
Person / Time
Site:	Yankee Rowe
Issue date:	03/17/1999
From:	Desiree Davis YANKEE ATOMIC ELECTRIC CO.
To:	Fairtile M NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20204E555	List: ML20204E551 ML20204E570
References
BYR-99-008, BYR-99-8, NUDOCS 9903250069
Download: ML20204E551 (5)

Text

,

Tdephone(508) 568-2233 Facsimile (508) 568-3703 YANKEE ATOMIC ELECTRIC COMPANY ~ ~~~ c-

'ig 580 Main Street, Bolton, Massachusetts 01740-1398 Yam?usi

.%. )

D D s n March 17,1999 CHtEF EXECUTIVE OFFICER BYR 99-008 P.C. No. 264 United States Nuclear Regulatory Commission  ;

Washington, DC 20555 Document Control Desk {

Attention: Mr. Morton B. Fairtile Senior Project Manager Non-Power Reactors and Decommissioning j Project Directorate j Division of Reactor Program Management j Office of Nuclear Reactor Regulation <

l

References:

(a) License No. DPR-3 (Docket No. 50-29) h (b) Yankee Decommissioning Quality Assurance Program, Rev. 28, l

October 16,1998

Subject:

Request for Transfer of Administrative Requirements from Yankee l Nuclear Power Station's Defueled Technical Specifications to the Yankee t Decommissioning Quality Assurance Program

Dear Mr. Fairtile:

Pursuant to 10 CFR Section 50.90 of the Commission's Rules and Regulations, Yankee Atomic Electric Company requests Nuclear Regulatory Commission (NRC) review and approval of the following modifications to Appendix A of the Yankee Nuclear Power l  ;

Station (YNPS) Possession Only License (Reference (a)). ,

PROPOSED CIIANGES c40007 YAEC proposes that Section 6.7 " Procedures and Programs," and Section 6.9," Record h>D Retention" be removed from the YNPS Technical Specifications and transferred to the Yankee Decommissioning Quality Assurance Program (YDQAP)(Reference (b)). An annotated version of the present Technical Specification pages showing the proposed 9903250069 PDR 990317 4 ADOCK 05000029 0 W pop p i

1

t i

United States Nuclear Regulatory Commission March 17,1999  !

Attention: Mr. Morton B. Fairtile Page 2

,chariggs is provided in Attachment I to this letter. The proposed new pages of the l

l Technical Specifications are provided in Attachment II. The infbrmation which will be

)

l incorporated in the Yankee Decommissioning Quality Assurance Program as Appendix D  !

! is provided in Attachment III.  !

l i

REASON AND BASIS FOR CIIANGE )

l l

The reason and basis for the proposed deletion of Section 6.7 of the YNPS Technical  ;

Specifications," Procedures and Programs," and Section 6.9," Record Retention" and the  !

transfer of the requirements contained therein to the Yankee Decommissioning Quality Assurance Program are as follows:

10 CFR 50.36(c)(6) of the Commission's regulations states that the content of Technical Specifintions relating to administrative controls for nuclear power reactor facilities that have submitted the certifications required by s 50.82(a)(1) "will be developed on a case-by-case basis." YNPS is currently in an advanced state of decommissioning with the result that the scope and complexity of activities at the site have been greatly reduced.

To ensure that the remaining work can be completed in the safest and most efficient manner possible, it is important to eliminate any unnecessary and/or duplicative administrative requirements and to locate the remaining germane administrative requirements in the appropriate licensing document. We believe that the requirements currently in Sections 6.7 and 6.9 of the YNPS Technical Specifications duplicate, at least in part, requirements in the Yankee Decommissioning Quality Assurance Program. j Specifically, we believe that there is significant duplication between the requirements of )

Sections 6.7 and 6.9 of the YNPS Technical Specifications and requirements currently in Sections II,III, and XVll of the YDQAP. In order to provide absolute assurance that every element of Sections 6.7 and 6.9 of the YNPS Technical Specifications is addressed by the YDQAP, these requirements will be transferred unmodified in any manner and incorporated in the ~YDQAP as Appendix D. Subsequent to this transfer, any future changes to the YDQAP and, of course, the new Appendix D, will be subject to a review l

l conducted in accordance with the requirements of 10 CFR 50.54(a).

On July 22,1993, the Commission issued its Final Policy Statement on Technical Specification Improvements," Final Policy Statement on Technical Specification improvements for Nuclear Power Reactors"(58 FR 39132). In this policy statement the  !

Commission noted that, in allowing certain items to be relocated to licensee-controlled i documents while requiring that other items be retained in the Technical Specifications, it was adopting the qualitative standard enunciated by the Atomic Safety and Licensing Board in Portland General Electric Co. (Trojan Nuclear Plant), ALAB-531,9 NRC 263, 273 (1979). In this proceeding, the Appeal Board observed: i There is neither a statutory nor a regulatory requirement that every operational detail set forth in an applicant's safety analysis report (or equivalent) be subject to a technical specification, to be included in the license as an absolute condition of operation which is legally binding upon the licensee unless and until changed with i

L

r United States Nuclear Regulatory Commission March 17,1999 i Attention: Mr. Morton B. Fairtile Page 3

, ' , specific Commission approval. Rather, as best we can discern it, the l contemplation of both the Act and the regulations is that technical specifications l are to be reserved for those matters as to which the imposition of rigid conditions Or limitations upon reactor operation is deemed necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety.

1 We believe that the proposed transfer of the requirements of YNPS Technical Specification Sections 6.7 and 6.9 to the YDQAP is completely consistent with the Commission Policy cited above. Likewise, we believe that the proposed action is completely consistent with the content ofNRC Administrative Letter 95-06," Relocation L

ofTechnical Specification Administrative Controls Related to Quality Assurance" (December 12,1995).

SIGNIFICANT HAZARDS CONSIDERATION l

l The proposed changes are administrative in nature. Administrative requirements in

!- Sections 6.7 and 6.9 of the YNPS Technical Specifications are to be transferred to the YDQAP which is the current location of related administrative requirements. As such, l the changes will not:

1. Involve a significant increase in the probability or consequences of an accident previously evaluated. The administrative nature of the changes will not affect safety-related systems or components or their mode of operation and therefore, will not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Create the possibility of a new or different accident from any previously i evaluated. The proposed changes do not modify any plant systems or components and therefore, will not create the possibility of a new or different i accident from any previously evaluated.

3. Involve a significant reduction in the margin of safety. The changes are l administrative in nature involving the relocation of administrative requirements from one licensing document to another licensing document currently containing related requirements; therefore, there will be no significant reduction in the margin of safety.

Based on the considerations noted above, it is concluded that the proposed changes will not endanger the public health and safety, u..

p United States Nuclear Regulatory Commission March 17,1999 Attention: Mr. Morton B. Fairtile Page 4

, ENVIRONMENTAL IMPACT DETERMINATION This amendment request meets the criteria specified in 10 CFR 51.22 (c)(9) for categorical exclusion or otherwise not requiring environmental review. Specific criteria

, contained in this section of the regulations are discussed below:

t l

l

1. The amendment involves no significant hazards consideration. As l demonstrated above, this requested amendment does not involve any l significant hazards considerations.

2. There is no significant change in the types or significant increase in the

amounts of any effluents that may be released offsite. The amendment deals solely with administrative issues.

3. There is no significant increase in individual or cumulative occupational radiation exposure. Again, the amendment deals solely with administrative issues completely unrelated to individual or cumulative occupational

! radiation exposure.

l Based on the foregoing, it is concluded that the proposed amendment meets the criteria for categorical exclusion set forth in 10 CFR 51.22 (c)(9) and therefore, no environmental

- impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

l l PORC AND NSARC REVIEW The Plant Operation Review Committee (PORC) and the Nuclear Safety Audit and Review Committee (NSARC) have reviewed the proposed changes and have detennined l that they are appropriate.

SCHEDULE OF CHANGE The proposed changes will be implen:ented upon approval by the Commission.

i l'

F ]

United States Nuclear Regulatory Commission March 17, ho9 Attention: Mr. Morton 13. Fairtile l' age 5 1

l- .

I Very truly yours, I YANKEE ATOMIC ELECTRIC COMPANY Don K. Davis, Chairman President and CEO Attachments C: USNRC, Region I COMMONWEALTH OF MASSACHUSETTS WORCESTER COUNTY Then personally appeared before me, Don K. Davis, who, being duly sworn, did state that he is Chairman, President, and Chief Executive Officer of Yankee Atomic Electric .

Company, that he is duly authorized to execute and file the foregoing document in the j name and on behalf of Yankee Atomic Electric Company and that the statements therem are true to the best of his knowledge and belief. .

l LC &

Kathryn Gates # ' Notary Public My Commission Expires January 1,2004 t

I L

L