ML20206U485
| ML20206U485 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 02/08/1999 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20206U482 | List: |
| References | |
| NUDOCS 9902160043 | |
| Download: ML20206U485 (18) | |
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4 UNITED STATES g
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SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION I
RELATED TO AMENDMENT NO. 251 TO FACILITY OPERATING LICENSE NO. DPR-59 POWER AUTHORITY OF THE STATE OF NEW YORK JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333 l
1.0 INTRODUCTION
By letter dated June 16,1998, The Power Authority of the State of New York (PASNY or the licensee) proposed changing the James A. FitzPatrick Nuclear Power Plant Technical Specifications (TSs) by modifying the Administrative Controls specifications, removing requirements that are adequately controlled by existing regulations and relocating other details which are not othenvise needed to satisfy 10 CFR 50.36. Guidance on the propct.,ed changes was developed by NRC and provided in the Standard Technical Specifications for General Electric Piants, BWR/4, NUREG-1433. The specific changes involves relocating the requirements of TS 6.5.2.8 Safety Review Committee (SRC) reviews, TS 6.5.2.9 SRC audits, TS 6.5.2.11 SRC records requirements from TSs to Chapter 17, of the Quality Assurance Program (QAP) of the Final Safety Analysis Report (FSAR).
2.0 BACKGROUND
PASNY stated that relocating the specific requirements of the SRC review, audit and related recordkeeping from the TSs to the OAP chapter of the Final Safety Analysis Report (FSAR) allows these requirements to be controlled by the 10 CFR 50.54(a) change process rather than the TS amendment process. The licensee stated that this can reduce the resources spent by licensee and the NRC staff in preparing and reviewing license amendment requests.
Section 182.a of the Atomic Energy Act of 1954, as amended, (the 'Act') requires applicants for nuclear power plant operating licenses to state technical specifications (TS) to be included as part of the license. The Commission's regulatory requirements related to the content of j
technical specifications are set forth in 10 CFR 50.36. That regulation requires that the TS include items in five specific categories, including (1) safety limits, limiting safety system settings and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance requirements; (4) design features; and (5) administrative controls. However, the regulation does not specify the particular requirements to be included in a plant's TS.
The Commission has provided guidance for the conte'nts of TS in its " Final Policy Statement on Technical Specifications improvements for Nuclear Power Reactors" (" Final Policy Statement"),
58 Fed. Reg. 39132 (July 22,1993), in which the Commission indicated that compliance with Enclosure 9902160043 990208 PDR ADOCK 05000333 P
4 the Final Policy Statement satisfies Q182.a of the Act. In particular, the Commission indicated that certain items could be relocated from the TS to licensee-controlled documents, consistent with the standard enunciated in Portland General Electric Co. (Trojan Nuclear Plant),
ALAB-531,9 NRC 263,273 (1979). In that case, the Atomic Safety and Licensing Appeal Board indicated that " technical specifications 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."
Consistent with this approach, the Final Policy Statement identified four criteria to be used in determining whether particular safety functions are required to be included la the TS, as follows: (1) Installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary; (2) a process variable, design feature, or operating restriction that is an initial condition of a Design Basis Accident or Transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier; (3) a structure, system, or component that is part of the primary success path and which functions or actuates to mitigate a Design Basis Accident or Transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier; (4) a structure, system, or component which operating experience or probabilistic safety assessment has shown to be significant to public health and safety. The Commission adopted amendments to 10 CFR 50.36, pursuant to which the rule was revised to codify and incorporate these criteria. See Final Rule, " Technical Specifications," 60 FR 36593 (July 19,1995). As a result, TS requirements which fall within or satisfy any of the criteria in the Final Policy statement must be retained in the TS, while those TS requirements which do not fall within or satisfy these criteria may be relocated to other, licensee-controlled documents.
The Commission's policy statement provides : hat those existing TS LCOs which do not satisfy these four specificized criteria may be relocated to the Updated Final Safety Analysis Report (UFSAR), such that future changes could be made to these provisions pursuant to 10 CFR 50.59. Other requirements may be relocated to more appropriate documents (e.g. Security Plan, OAP, and Emergency Plan) and controlled by the applicable regulatory requirement.
Similarly, while the required content of TS administrative controls is specified in 10 CFR 50.36(c)(5), particular details of administrative controls may be relocated to licensee-controlled documents where s50.54, @50.59, or other regulations provide adequate regulatory control.
While the criteria specifically apply to LCOs, in adopting the revision to the rule the Commission indicated that the intent of these criteria can be utilized to identify the optimum set of administrative controls in the TS, (60 FR 36958). Addressing administrative controls 10 CFR 50.36 states that they are "the provisions relating to organization and management, procedures recordkeeping, review and audit, and reporting necessary to assure safe operation of the facility in a safe manner." The specific content of the administrative controls section of *he TS is therefore that information that the Commission deems essential for the safe operation of the facility that is not already adequately covered by other regulations. Accordingly, the staff has determined that requirements that are not specifically required under $50.36(c)(5) and which are nut otherwise necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety, can be removed from administrative controls.
3-3.0 EVALUATION The following discussion sets forth detail the staff's conclusions regarding the removal or relocation of selected Admin:strative Controls from the TS for the James A. FitzPatrick Nuclear Power Plant. The changes were reviewed in accordance with the guidance provided in, or planned for, the applicable standard technical specifications, NUREG-1433. In addition, these changes were reviewed in accordance with the guidance provided in Administrative Letter 95-06," Relocation of Technical Specification Administrative Controls Related to Quality Assuranco" issued on December 12,1995.
The proposed amendment to TS 6.5.2.8 SRC Reviews and TS 6.5.2.9 Audits, still retains the requirements for SRC reviews, audits and records in TSs. However, the specific requirements for these functions, such as the areas to be reviewed / audited and the frequency of audits, are relocated to the OAP chapter of the FSAR.
Given that the requiren.ents in the OAP implement the Commission's regulations pertaining to j
the review and audit functions, inclusion of these particular provisions in TS is not necessary to I
assure safe operation of the facility. The review and audit functions define an administrative l
framework to confirm that plant activities have been properly conducted in a safe manner. The i
reviews and audits serve also to provide a cohesive program that provides senior level utility management with assessments of facility operation and recommends actions to improve nuclear safety and reliability. However, the staff has determined that the review and audit functions are adequately addressed by existing regulations and the related QAP commitments.
Based upon the relocation of the review and audit provisions to the OAP, it is not necessary to include redundant or additional requirements in the TS administrative controls.
The licensee will continue to implement a OAP in accordance with the requirements of 10 CFR Part 50, Appendix B, and commitments to ANSI N18.7, which provides appropriate controls for the approval of changes to the audit functions and frequencies. Changes to the OAP are controlled in accordance with 10 CFR 50.54(a) and include requirements for prior NRC review and approvalif a change constitutes a reduction in a OAP commitment. The staff concludes that this regulatory requirement provides sufficient control for the audit functions and frequencies, so that removing these requirements from the TS is acceptable.
Audit requirements are specified in the OAP to satisfy 10 CFR Part 50, Appendix B, Criterion XVill. Audits are also covered by ANSI N18.7, ANSI N45.2,10 CFR 50.54(t),10 CFR 50.54(p),
and 10 CFR Part 73.
The licensee has proposed to relocate the specific requirements of TS 6.5.2.8 SRC review and TS 6.5.2.9 SRC audit intact to the OAP. The requirements have not been changed or reduced.
The staff concludes that sufficient regulatory controls exist under 10 CFR Part 50, Appendix B for the implementation of the functions specified in the OAP, and sufficient controls exist under 10 CFR 50.54(a) for subsequent changes to the OAP such that moving these review and audit requirements to the OAP is acceptable.
The proposed amendment to TS 6.5.2.11 Records, maintains the requirements that records will be kept in accordance with ANSI 18.7-1972 and that the minutes of each SRC meeting shall be
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. forwarded to the Chief Nuclear Officer within 30 days of the meeting. The specific requirements for review and audit reports are proposed to be relocated to QAP chapter of the FSAR. The provisions in the OAP implement the Commission's regulations pertaining to the maintenance of records related to activities affecting quality. The required controls related to record retention specified in various regulations and the provision incorporated into the OAP are considered to be redundant to the requirements currently in TS. The staff has determined that record retention requirements are adequately addressed by existing regulations and the related QAP. Based upon the relocation of the record retention provisions to the QAP, it is not necessary to include redundant or additional requirements in the TS administrative controls.
The staff concludes that the regulatory requirements under 10 CFR Part 50, Appendix B provide sufficient control of the plant records, and sufficient regulatory controls exist for future changes to the program pursuant to 10 CFR 50.54(a), such that removing these provisions from the TS is acceptable.
In conclusion, the above relocated requirements relating to administrative controls are not required to be in the TS under 10 CFR 50.36 or 9182.a of the Atomic Energy Act, and are not required to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety. In addition, the staff finds that the resulting new administrative controls provide all of the requirements needed to satisfy 10 CFR 50.36(c)(5),
and sufficient regulatory controls exist under 10 CFR 50.59 and 50.54(a), or other applicable regulation to assure continued protection of the public health and safety. Accordingly, the staff has concluded that these requirements may be relocated from the TS to the above specified document.
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.
4.0 ENVIRONMENTAL CONSIDERATION
This amendment changes recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact statement or envirormental assessment need be prepared in connection with the issuance of the amendment.
5.0 CONCLUSlqN The Commissbn has concluded, based on the considerations discussed above, that: (1) there is reasonab'e 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 l
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.
l Principal Contributor: John S. Cushing Date: February 8,1999
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.a In DATED:
Fetruary 8.1999 l
AMENDMENT NO. 251 TO FACILITY OPERATING LICENSE NO. DPR-59-FITZPATRICK i
Docket File PUBLIC l
PDI-1 R/F J. Zwolinski (A)
S. Bajwa S. Little J. Williams J. Cushing l
OGC G. Hill (2), T-5 C3 W. Beckner,013/H15 ACRS J. Rogge, Region i T. Harris (e-mail SE only, RCN) cc: Plant Service list
February 8,1999 i
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Mr. James Knubel Chief Nuclear Officer l
i Power Authority of the State of New York 123 Main Street White Plains, NY 10601
SUBJECT:
ISSUANCE OF AMENDMENT FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. MA2131) l
Dear Mr. Knubel:
The Commission has issued the enctosed Amendment No. 251 to Facility Operating License Nn. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The amendment consists of changes to the Technical Specifications (T3s) in response to your application transmitted by letter dated June 16,1998.
The amendment revises TS Section G of Appendix A to relocate the Safety Review Committee Reviews, Audits and Records from TS to the Qual;ty Assurance Program Section of the Final Safety Analysis Report.
A copy of the related Safety Evaluation is enclosed. A Notice of issuance will be included in the Commission's next regular biweekly Federal Resister notice.
Sincerely, Original signed by:
Joseph F. Williams, Project Manager Project Directorate 1-1 Division of Reactor Projects - t/l!
Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosures:
- 1. Amendment No. 251 DPR-59
- 2. Safety Evaluation cc 'v/encls: See next page DISTRIBUTION:
See next page DOCUMENT NAME: G:\\FITZ\\FZMA2131.AMD To receive a copy of this document,indicato in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy 6
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February 8,1999 i
F Mr. James Knubel Chief Nuclear Officer
/a Power Authority of the State of New York 123 Main Street White Plains, NY 10601
SUBJECT:
ISSUANCE OF AMENDMENT FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. MA2131)
Dear Mr. Knubel:
The Commission has issued the enclosed Amendment No. 251 to Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The amendment consists of changes to the Technical Specifications (TSs) in response to your application transmitted by letter dated June 16,1998.
The amendment revises TS Section 6 of Appendix A to relocate the Safety Review Committee Reviews, Audits and Records from TS to the Quality Assurance Program Section of the Final j
Safety Analysis Report.
A copy of the related Safety Evaluation is enclosed. A Hotice of Issuance will be included in the Commission's next regular biweekly Federal Renister notice.
Sincerely,
/
Joseph F. Williams, Project Manager Project Directorate I-1 Division of Reactor P*ojects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosures:
- 1. Amendment No.251 to DPR-59
- 2. Safety Evaluation cc w/encis: See next page
I James Knubel James A. FitzPatrick Nuclear Power Authority of the State Power Plant of New York cc:
Mr. Gerald C. Goldstein Regional Administrator, Region 1 Assistant General Counsel U.S. Nuclear Regulatory Commission Power Authority of the State 475 Allendale Road of New York King of Prussia, PA 19406 1633 Broadway New York, NY 10019 Mr. F. William Valentino, President New York State Energy, Research, Resident inspector's Office and Development Authority U. S. Nuclear Regulatory Commission Corporate Plaza West P.O. Box 136 286 Washington Avenue Extension 7
Lycoming, NY 13093 Albany, NY 12203-6399 Mr. Harry P. Salmon, Jr.
Mr. Richard L. Patch, Director Vice President - Engineering Quality Assurance Power Authority of the State Power Authority of the State of New York of New York 123 Main Street 123 Main Street White Plains, NY 10601 White Plains, NY 10601 Ms. Charlene D. Faison Mr. Gerard Goering Director Nuclear Licensing 28112 Bayview Drive Power Authority of the State Red Wing, MN 55066 of New York 123 Main Street Mr. James Gagliardo White Plains, NY 10601 Safety Review Committee 708 Castlewood Avenue Supervisor Arlington, TX 76012 Town of Scriba Route 8, Box 382 Mr. Arthur Zaremba, Licensing Manager Oswego,NY 13126 James A. FitzPatrick Nuclear Power Plant Mr. Eugene W. Zeltmann P.O. Box 41 President and Chief Operating Lycoming, NY 13093 Officer Power Authority of the State Mr. Paul Eddy of New York New York State Dept. of 99 Washington Ave., Suite No. 2005 Public Service Albany, NY 12210-2820 3 Empire State Plaza,10th Floor Albany, NY 12223 Charies Donaldson, Esquire Assistant Attomey General Michael J. Colomb New York Department of Law Site Executive Officer 120 Broadway James A. FitzPatrick Nuclear Power Plant New York, NY 10271 P.O. Box 41 Lycoming, NY 13093
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POWER AUTHORITY OF THE STATE OF NEW YORK DOCKET NO. 50-333 JAMES A. FITZPATRICK NUCLEAR POWER PLANT i
AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 251 License No. DPR-59 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Power Authority of the State of New York (the licensee) dated June 16,1998, complies with the standards and requirements of the Atomic Energy Aci of 1954, as amended (the Act) and the Commission's rules and regulations set forth in 10 CFR Chapter I; B.
The facility will ope' ate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonabi) assvMnce (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 accoroance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
2.
This license is amended to approve the relocation of certain Technical Specification l
requirements to licensee-controlled documents, as described in the licensee's application dated June 16,1998, and reviewed in the staff's Safety Evaluation Report dated Febiuary 8,1999. This license is also hereby amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-59 is hereby amended to read as follows:
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o (2) Technical Soecifications The Technical Specifications contained in Appen(x A, as re.ised through Amendment No. 251
. and the Environmenta! Protection Plan contained in Appendix B are incorporated into Facility License No. DPR-59. PASNY shall operate I
the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
2.
This license amendment is effective as of the date of its issuance, to be implemented within 30 days ofissuance. Implementation shallinclude relocation of Safety Review Committee Reviews, Audits and Records from the Technical Specifications to the Quality 1
Assurance Program Section of the Final Safety Analysis Report.
FOR THE NUCLEAR REGULATORY COMMISSION 3
S. Singh Bajwa, Direc or i
Project Directorate 1-1 Division of Reactor Projects - t/11 Office of Nuclear Reactor Regulation
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Attachment:
Changes to tne Technical Specifications Date of Issuance: February 8,1999 l
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ATTACHMENT TO LICENSE AMENDMENT NO. x1 FACILITY OPERATING LICENSE NO. DPR-59 DOCKET NO. 50-333 Revise Appendix A as follows:
Remove Paaes insert Paaes 252 252 252a 252a 252b 252b
JAFNPP QUORUM 6.5.2.7 A quorum shall consist of at least a majority of the appointed individuals (or their alternates) and the Chairman (or the designated alternate). No more than two alternates may participate as SRC voting members at any one time. No more than a minority of the quorum shall have direct line responsibility for the operation
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of the plant.
REVIEW 6.5.2.8 The SRC shall review facility activities in accordance with the Quality Assurance Program, as described in Chapter 17 of the JAF FSAR.
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AUDIT 6.5.2.9 Audits of facility activities shall be performed under the cognizance of the SRC and in accordance with the Quality Assurance Program, as described in Chapter 17 of the JAF FSAR.
1 Amendment No. 50, 00, 05, 100, 110, 220, 240, 251 252
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l AUTHORITY 6.5.2.10 The SRC shall advise the Chief Nuclear Officer on those areas of responsibility specified in Section 6.5.2.8 and 6.5.2.9.
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Amendment No. 00, 00, 05, 70, 00, 04, 220, 222, 220,251 252a
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RECORDS 6.5.2.11 Recoros will be maintained in accordance with ANSI 18.7-1972. The following shall be orepared and distributed as indicated below:
a.
Minutes of each SRC meeting shall be prepared and forwarded to the Chief Nuclear Officer within 30 days after the date of the meeting.
i b.
Reports of reviews encompassed by Section 6.5.2.8 above shall be processed in accordance with the Quality Assurance Program, as described in Chapter 17 of the JAF FSAR.
c.
Audit reports encompassed by Section 6.5.2.9 above, shall be processed in accordance with the Quality Assurance Program, as described in Chapter 17 of the JAF FSAR.
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Amendment No. 00, 202, 220, 220, 251 252b l
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.....,o SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 251 TO FACILITY OPERATING LICENSE NO. DPR-59 POWER AUTHORITY OF THE STATE OF NEW YORK JAMES A. FITZPATRICK NUCLEAR POWER PLANT l
DOCKET NO. 50-333
1.0 INTRODUCTION
By letter dated June 16,1998, The Power Authority of the State of New York (PASNY or the licensee) proposed changing the James A. FitzPatrick Nuclear Power Plant Technical Specifications (TSs) by modifying the Administrative Controls specifications, removing requirements that are adequately controlled by existing regulations and relocating other details which are not otherwise needed to satisfy 10 CFR 50.36. Guidance on the proposed changes was developed by NRC and provided in the Standard Technical Specifications for General Electric Plants, BWR/4, NUREG-1433. The specific changes involves relocating the requirements of TS 6.5.2.8 Safety Review Committee (SRC) reviews, TS 6.5.2.9 SRC audits, TS 6.5.2.11 SRC records requirements from TSs to Chapter 17, of the Quality Assurance Program (OAP) of the Final Safety Analysis Report (FSAR).
2.0 BACKGROUND
PASNY stated that relocating the specific requirements of the SRC review, audit and related recordkeeping from the TSs to the OAP chapter of the Final Safety Analysis Report (FSAR) allows these requirements to be controlled by the 10 CFR 50.54(a) change process rather than the TS amendment process. The licensee stated that this can reduce the resources spent by licensee and the NRC staff in preparing and reviewing license amendment requests.
Section 182.a of the Atomic Energy Act of 1954, as amended, (the 'Act') requires applicants for nuclear power plant operating licenses to state technical specifications (TS) to be included as part of the license. The Commission's regulatory requirements related to the content of technical specifications are set forth in 10 CFR 50.36. That regulation requires that the TS include items in five specific categories, including (1) safety limits, limiting safety system settings and limiting control settings; (2) limiting conditions for operation (LCOs); (3) surveillance requirements; (4) design features; and (5) administrative controls. However, the regulation does not specify the particular requirements to be included in a plant's TS.
The Commission has provided guidance for the contents of TS in its " Final Policy Statement on Technical Specifications improvements for Nuclear Power Reactors" (" Final Policy Statement"),
58 Fed. Reg. 39132 (July 22,1993), in which the Commzion indicated that compliance with Enclosure
4 4 the Final Policy Statement satisfies 182.a of the Act. In particular, the Commission indicated that certain items could be relocated from the TS to licensee-controlled documents, consistent with the standard enunciated in Portland Genera / Electric Co. (Trojan Nuclear Plant),
ALAB-531,9 NRC 263,273 (1979), in that case, the Atomic Safety and Licensing Appeal Board indicated that " technical specifications 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."
Consistent with this approach, the Final Policy Statement identified four criteria to be used in determining whether particular safety functions are required to be included in the TS, as follows: (1) installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary; (2) a process variable, design feature, or operating restriction that is an initial condition of a Design Basis Accident or Transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier; (3) a structure, system, or component that is part of the primary success path and which functions or actuates to mitigate a Design Basis Accident or Transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier; (4) a structure, system, or component which operating experience or probabilistic safety assessment has shown to be significant to public health and safety. The Commission adopted amendments to 10 CFR 50.36, pursuant to which tha rule was revised to codify and incorporate these criteria. See Final Rule," Technical Specifications," 60 FR 36593 (July 19,1995). As a result, TS requirements which fall within or satisfy any of the criteria in the Final Policy statement must be retained in the TS, while those TS requirements which do not fall within or satisfy these criteria may be relocated to other, licensee-controlled documents.
The Commission's policy statement provides that those existing TS LCOs which do not satisfy these four specificized criteria may be relocated to the Updated Final Safety Analysis Report (UFSAR), such that future changes could be made to these provisions pursuant to 10 CFR 50.59. Other requirements may be relocated to more appropriate documents (e.g. Security Plan, OAP, and Emergency Plan) and controlled by the applicable regulatory requirement.
Similarly, while the required centent of TS administrative controls is specified in 10 CFR 50.36(c)(5), particular details of administrative controls may be relocated to licensee-controlled documents where s50.54, s50.59, or other regulations provide adequate regulatory control.
While the criteria specifically apply to LCOs, in adopting the revision to the rule the Commission indicated that the intent of these criteria can be utilized to identify the optimum set of administrative controls in the TS, (60 FR 36958). Addressing administrative controls 10 CFR 50.36 states that they are "the provisions relating to organization and management, procedures recordkeeping, review and audit, and reporting necessary to assure safe operation of the facility in a safe manner." The specific content of the administrative controls section of the TS is therefore that information that the Commission deems essential for the safe operation of the facility that is not already adequately covered by other regulations. Accordingly, the staff has determined that requirements that are not specifically required under 50.36(c)(5) and which are not otherwise necessary to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety, can be removed from administrative controls.
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4 4 3.0 EVALUATION The following discussion sets forth detail the staff's conclusions regarding the removal or relocation of selected Administrative Controls from the TS for the James A. FitzPatrick Nuclear Power Plant. The changes were reviewed in accordance with the guidance provided in, or planned for, the applicable standard technical specifications, NUREG-1433. In addition, these changes were reviewed in accordance with the guidance provided in Administrative Letter 95-06," Relocation of Technical Specification Administrative Controls Related to Quality Assurance" issued on December 12,1995.
The proposed amendment to TS 6.5.2.8 SRC Reviews and TS 6.5.2.9 Audits, still retains the requirements for SRC reviews, audits and records in TSs. However, the specific requirements for these functions, such as the areas to be reviewed / audited and the frequency of audits, are relocated to the OAP chapter of the FSAR.
Given that the requirements in the OAP implement the Commission's regulations pertaining to the review and audit functions, inclusion of these particular provisions in TS is not necessary to assure safe operation of the facility. The review and audit functions define an administrative framework to confirm that plant activities have been properly conducted in a safe manner. The reviews and audits serve also to provide a cohesive program that provides senior level utility management with assessments of facility operation and recommends actions to improve nuclear safety and reliability. However, the staff has determined that the review and audit functions are adequately addressed by existing regulations and the related QAP commitments.
Based upon the relocation of the review and audit provisions to the OAP, it is not necessary to include redundant or additional requirements in the TS administrative controls.
The licensee will continue to implement a OAP in accordance with the requirements of 10 CFR Part 50, Appendix B, and commitments to ANSI N18.7, which provides appropriate controls for the approval of changes to the audit functions and frequencies. Changes to the OAP are controlled in accordance with 10 CFR 50.54(a) and include requirements for prior NRC review and approvalif a change constitutes a reduction in a OAP commitment. The staff concludes that this regulatory requirement provides sufficient control for the audit functions and frequencies, so that removing these requirements from the TS is acceptable.
Audit requirements are specified in the OAP to satisfy 10 CFR Part 50, Appendix B, Criterion XVill. Audits are also covered by ANSI N18.7, ANSI N45.2,10 CFR 50.54(t),10 CFR 50.54(p),
and 10 CFR Part 73.
The licensee has proposed to relocate the specific requirements of TS 6.5.2.8 SRC review and TS 6.5.2.9 SRC audit intact to the OAP. The requirements have not been changed or reduced.
The staff concludes that sufficient regulatory controls exist under 10 CFR Part 50, Appendix B for the implementation of the functions specified in the OAP, and sufficient controls exist under 10 CFR 50.54(a) for subsequent changes to the OAP such that moving these review and audit requirements to the OAP is acceptable.
The proposed amendment to TS 6.5.2.11 Records, maintains the requirements that records will be kept in accordance with ANSI 18.7-1972 and that the minutes of each SRC meeting shall be
e s
0 t forwarded to the Chief Nuclear Officer within 30 days of the meeting. The specific requirements for review and audit reports are proposed to be relocated to OAP chapter of the FSAR. The provisions in the OAP implement the Commission's regulations pertaining to the maintenance of records related to activities affecting quality. The required controls related to record retention specified in various regulations and the provision incorporated into the OAP are considered to be redundant to the requirements currently in TS. The staff has determined that record retention requirements are adequately addressed by existing regulations and the related QAP. Based upon the relocation of the record retention provisions to the OAP, it is not necessary to include redundant or additional requirements in the TS administrative controls.
The staff concludes that the regulatory requirements under 10 CFR Part 50, Appendix B provide sufficient control of the plant records, and sufficient regulatory controls exist for future changes to the program pursuant to 10 CFR 50.54(a), such that removing these provisions from the TS is acceptable.
In conclusion, the above relocated requirements relating to administrative controls are not required to be in the TS under 10 CFR 50.36 or 6182.a of the Atomic Energy Act, and are not required to obviate the possibility of an abnormal situation or event giving rise to an immediate threat to the public health and safety. In addition, the staff finds that the resulting new administrative controls provide all of the requirements needed to satisfy 10 CFR 50.36(c)(5),
and sufficient regulatory controls exist under 10 CFR 50.59 and 50.54(a), or other applicable regulation to assure continued protection of the public health and safety. Accordingly, the staff has concluded that these requirements may be relocated from the TS to the above specified d 'cument.
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.
4.0 ENVIRONMENTAL CONSIDERATION
This amendment changes recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmentalimpact statement or environmental assessment need be prepared in connection with the issuance of the amendment.
5.0 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: John S. Cushing Date: February 8,1999
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