ML20335A052

Issuance of Amendment Nos. 308 and 198 to Modify Certified Fuel Handler Related Technical Specifications for Permanently Defueled Condition

ML20335A052
Person / Time
Site:	Beaver Valley
Issue date:	02/18/2021
From:	Jennifer Tobin Plant Licensing Branch 1
To:	Grabnar J Energy Harbor Nuclear Corp
Tobin J, NRR/DORL/LPL1, 415-2328
References
EPID L-2020-LLA-0025
Download: ML20335A052 (32)

Text

February 18, 2021 Mr. John J. Grabnar Site Vice President Energy Harbor Nuclear Corp.

Beaver Valley Power Station Mail Stop P-BV-SSB P.O. Box 4, Route 168 Shippingport, PA 15077-0004

SUBJECT:

BEAVER VALLEY POWER STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENT NOS. 308 AND 198 TO MODIFY CERTIFIED FUEL HANDLER RELATED TECHNICAL SPECIFICATIONS FOR PERMANENTLY DEFUELED CONDITION (EPID L-2020-LLA-0025)

Dear Mr. Grabnar:

The U.S. Nuclear Regulatory Commission (Commission) has issued the enclosed Amendment Nos. 308 and 198 to Renewed Facility Operating License Nos. DPR-66 and NPF-73 for the Beaver Valley Power Station, Units 1 and 2 (Beaver Valley 1 and 2). These amendments consist of changes to the technical specifications (TSs) in response to your application dated February 11, 2020, as supplemented by letter dated November 9, 2020.

The amendments revise TS 1.1, Definitions, and TS 5.0, Administrative Controls.

Specifically, this LAR proposes changes to the organization, staffing, and training requirements contained in Section 5.0, Administrative Controls, of the Beaver Valley 1 and 2 TS and defines two new positions for Certified Fuel Handler and Non-Certified Operator in Section 1.1, Definitions.

J. Grabnar A copy of the related safety evaluation is also enclosed. Notice of Issuance will be included in the Commissions monthly Federal Register notice.

Sincerely,

/RA/

Jennifer C. Tobin, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412

Enclosures:

1. Amendment No. 308 to DPR-66

2. Amendment No. 198 to NPF-73

3. Safety Evaluation cc: Listserv

ENERGY HARBOR NUCLEAR CORP.

ENERGY HARBOR NUCLEAR GENERATION LLC DOCKET NO. 50-334 BEAVER VALLEY POWER STATION, UNIT NO. 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 308 Renewed License No. DPR-66

1. The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by FirstEnergy Nuclear Operating Company, (FENOC)* acting on its own behalf and as agent for FirstEnergy Nuclear Generation, LLC (the licensees), dated February 11, 2020, as supplemented by letter dated November 9, 2020, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I.

B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (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 Commissions 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 accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

• FirstEnergy Nuclear Operating Company has been renamed Energy Harbor Nuclear Corp. Energy Harbor Nuclear Corp. is authorized to act as agent for Energy Harbor Nuclear Generation LLC and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Enclosure 1

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-66 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 308, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 30 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Digitally signed by James G. James G. Danna Date: 2021.02.18 Danna 18:32:49 -05'00' James G. Danna, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Attachments:

Changes to the Renewed Facility Operating License and Technical Specifications Date of Issuance: February 18, 2021

ENERGY HARBOR NUCLEAR CORP.

ENERGY HARBOR NUCLEAR GENERATION LLC DOCKET NO. 50-412 BEAVER VALLEY POWER STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 198 Renewed License No. NPF-73

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by FirstEnergy Nuclear Operating Company, (FENOC)* acting on its own behalf and as agent for FirstEnergy Nuclear Generation, LLC (the licensees), dated February 11, 2020, as supplemented by letter dated November 9, 2020, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I.

B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (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 Commissions 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 accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

• FirstEnergy Nuclear Operating Company has been renamed Energy Harbor Nuclear Corp. Energy Harbor Nuclear Corp. is authorized to act as agent for Energy Harbor Nuclear Generation LLC and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Enclosure 2

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-73 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 198, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto are hereby incorporated in the license. Energy Harbor Nuclear Corp. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of its date of issuance and shall be implemented within 30 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION James G. Digitally signed by James G. Danna Date: 2021.02.18 18:33:23 -05'00' Danna James G. Danna, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Attachments:

Changes to the Renewed Facility Operating License and Technical Specifications Date of Issuance: February 18, 2021

ATTACHMENT TO LICENSE AMENDMENT NOS. 308 AND 198 BEAVER VALLEY POWER STATION, UNITS 1 AND 2 RENEWED FACILITY OPERATING LICENSE NOS. DPR-66 AND NPF-73 DOCKET NOS. 50-334 AND 50-412 Replace the following pages of the Renewed Facility Operating Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Renewed Facility Operating License No. DPR-66 Remove Insert Page 3 Page 3 Renewed Facility Operating License No. NPF-73 Remove Insert Page 4 Page 4 Replace the following pages of the Appendix A, Technical Specifications, with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Appendix A, Technical Specifications Remove Insert 1.1 - 1 1.1 - 1 1.1 - 4 1.1 - 4 5.2 - 1 5.2 - 1 5.2 - 2 5.2 - 2

--- 5.2A - 1

--- 5.2A - 2 5.3 - 1 5.3 - 1

--- 5.3A - 1 5.4 - 1 5.4 - 1

--- 5.4A - 1

(3) Energy Harbor Nuclear Corp., pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) Energy Harbor Nuclear Corp., pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (5) Energy Harbor Nuclear Corp., pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level Energy Harbor Nuclear Corp. is authorized to operate the facility at a steady state reactor core power level of 2900 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 308, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Auxiliary River Water System (Deleted by Amendment No. 8)

Amendment No. 308 Beaver Valley Unit 1 Renewed Operating License DPR-66

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations set forth in 10 CFR Chapter 1 and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level Energy Harbor Nuclear Corp. is authorized to operate the facility at a steady state reactor core power level of 2900 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 198, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto are hereby incorporated in the license. Energy Harbor Nuclear Corp. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No. 198 Beaver Valley Unit 2 Renewed Operating License NPF-73

Definitions 1.1 1.0 USE AND APPLICATION 1.1 Definitions

- NOTE -

The defined terms of this section appear in capitalized type and are applicable throughout these Technical Specifications and Bases.

Term Definition ACTIONS ACTIONS shall be that part of a Specification that prescribes Required Actions to be taken under designated Conditions within specified Completion Times.

ACTUATION LOGIC TEST An ACTUATION LOGIC TEST shall be the application of various simulated or actual input combinations in conjunction with each possible interlock logic state required for OPERABILITY of a logic circuit and the verification of the required logic output. The ACTUATION LOGIC TEST, as a minimum, shall include a continuity check of output devices.

AXIAL FLUX DIFFERENCE AFD shall be the difference in normalized flux signals (AFD) between the top and bottom halves of a two section excore neutron detector.

CERTIFIED FUEL HANDLER A CERTIFIED FUEL HANDLER is an individual who complies with the provisions of the CERTIFIED FUEL HANDLER training and retraining program required by Specification 5.3A.2.

CHANNEL CALIBRATION A CHANNEL CALIBRATION shall be the adjustment, as necessary, of the channel output such that it responds within the necessary range and accuracy to known values of the parameter that the channel monitors. The CHANNEL CALIBRATION shall encompass all devices in the channel required for channel OPERABILITY. Calibration of instrument channels with resistance temperature detector (RTD) or thermocouple sensors may consist of an inplace qualitative assessment of sensor behavior and normal calibration of the remaining adjustable devices in the channel. The CHANNEL CALIBRATION may be performed by means of any series of sequential, overlapping, or total channel steps.

CHANNEL CHECK A CHANNEL CHECK shall be the qualitative assessment, by observation, of channel behavior during operation. This determination shall include, where possible, comparison of the channel indication and status to other indications or status derived from independent instrument channels measuring the same parameter.

Beaver Valley Units 1 and 2 1.1 - 1 Amendments 308/198

Definitions 1.1 1.1 Definitions MASTER RELAY TEST A MASTER RELAY TEST shall consist of energizing all master relays in the channel required for channel OPERABILITY and verifying the OPERABILITY of each required master relay. The MASTER RELAY TEST shall include a continuity check of each associated required slave relay. The MASTER RELAY TEST may be performed by means of any series of sequential, overlapping, or total steps.

MODE A MODE shall correspond to any one inclusive combination of core reactivity condition, power level, average reactor coolant temperature, and reactor vessel head closure bolt tensioning specified in Table 1.1-1 with fuel in the reactor vessel.

NON-CERTIFIED OPERATOR A NON-CERTIFIED OPERATOR is a non-licensed operator who complies with the qualification requirements of Specification 5.3A.1, but is not a CERTIFIED FUEL HANDLER.

OPERABLE - OPERABILITY A system, subsystem, train, component, or device shall be OPERABLE or have OPERABILITY when it is capable of performing its specified safety function(s) and when all necessary attendant instrumentation, controls, normal or emergency electrical power, cooling and seal water, lubrication, and other auxiliary equipment that are required for the system, subsystem, train, component, or device to perform its specified safety function(s) are also capable of performing their related support function(s).

PHYSICS TESTS PHYSICS TESTS shall be those tests performed to measure the fundamental nuclear characteristics of the reactor core and related instrumentation. These tests are:

a. Described in Chapter 14, Initial Test Program of the Unit 2 UFSAR, and Chapter 13, Initial Tests and Operation, of the Unit 1 UFSAR,

b. Authorized under the provisions of 10 CFR 50.59, or

c. Otherwise approved by the Nuclear Regulatory Commission.

PRESSURE AND The PTLR is the unit specific document that provides the TEMPERATURE LIMITS reactor vessel pressure and temperature limits, including REPORT (PTLR) heatup and cooldown rates and the Overpressure Protection System setpoint and enable temperature, for the current reactor vessel fluence period. These pressure and temperature limits shall be determined for each fluence period in accordance with Specification 5.6.4.

Beaver Valley Units 1 and 2 1.1 - 4 Amendments 308/198 161

Organization 5.2 5.0 ADMINISTRATIVE CONTROLS 5.2 Organization

-NOTE-This TS Section is only applicable to an operating unit. TS Section 5.2A is applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2).

5.2.1 Onsite and Offsite Organizations Onsite and offsite organizations shall be established for unit operation and corporate management, respectively. The onsite and offsite organizations shall include the positions for activities affecting safety of the nuclear power plant.

a. Lines of authority, responsibility, and communication shall be defined and established throughout highest management levels, intermediate levels, and all operating organization positions. These relationships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications shall be documented in the Unit 2 UFSAR,

b. The plant manager shall be responsible for overall safe operation of the plant and shall have control over those onsite activities necessary for safe operation and maintenance of the plant,

c. A corporate officer with direct responsibility for the plant shall have corporate responsibility for overall plant nuclear safety and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the plant to ensure nuclear safety, and

d. The individuals who train the operating staff, carry out radiation protection, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their independence from operating pressures.

Beaver Valley Units 1 and 2 5.2 - 1 Amendments 308/198161

Organization 5.2 5.2 Organization 5.2.2 Unit Staff The unit staff organization shall include the following:

a. A non-licensed operator shall be assigned to each reactor containing fuel and an additional non-licensed operator shall be assigned for each control room from which a reactor is operating in MODES 1, 2, 3, or 4.

b. Shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

c. An individual qualified in radiation protection procedures shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

d. Deleted.

e. The operations manager shall either hold an SRO license or have held an SRO license for a pressurized water reactor. The assistant operations manager shall hold a current SRO license.

f. An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This individual shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift. A single qualified person can be used to satisfy this position for both units.

Beaver Valley Units 1 and 2 5.2 - 2 Amendments 308/198

Organization (Permanently Defueled Unit) 5.2A 5.0 ADMINISTRATIVE CONTROLS 5.2A Organization (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2). TS Section 5.2 is applicable to an operating unit.

5.2A.1 Onsite and Offsite Organizations Onsite and offsite organizations shall be established for unit staff and corporate management. The onsite and offsite organizations shall include the positions for activities affecting the safe storage and handling of nuclear fuel.

a. Lines of authority, responsibility, and communication shall be defined and established throughout highest management levels, intermediate levels, and all unit organization positions. These relationships shall be documented and updated, as appropriate, in organization descriptions, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications shall be documented in the Unit 2 UFSAR,

b. The plant manager shall be responsible for overall safe operation of the unit and shall have control over those onsite activities necessary for safe storage and maintenance of the nuclear fuel,

c. A corporate officer with direct responsibility for the unit shall have corporate responsibility for the safe storage and handling of nuclear fuel and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the unit to ensure safe management of nuclear fuel, and

d. The individuals who train the CERTIFIED FUEL HANDLERs, carry out radiation protection, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their ability to perform their assigned functions.

Beaver Valley Units 1 and 2 5.2A - 1 Amendments 308/198BD

Organization (Permanently Defueled Unit) 5.2A 5.2A Organization (Permanently Defueled Unit) 5.2A.2 Unit Staff The unit staff organization shall include the following:

a. Each on duty shift shall be composed of at least one shift manager and one NON-CERTIFIED OPERATOR. The NON-CERTIFIED OPERATOR position may be filled by a CERTIFIED FUEL HANDLER.

b. Shift crew composition may be less than the minimum requirement of Specification 5.2A.2.a for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements and the following conditions are met:

1) No nuclear fuel movements are in progress;

2) No movement of loads over nuclear fuel is in progress; and

3) No unmanned shift positions during shift turnover shall be permitted due to an incoming shift crew member being late or absent.

c. An individual qualified in radiation protection procedures shall be on site during movement of nuclear fuel and during the movement of loads over nuclear fuel. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

d. At least one person qualified to stand watch in the control room (NON-CERTIFIED OPERATOR or CERTIFIED FUEL HANDLER) shall be present in the control room when nuclear fuel is stored in the spent fuel pool.

e. The shift manager shall be a CERTIFIED FUEL HANDLER.

f. Oversight of nuclear fuel handling operations shall be provided by a CERTIFIED FUEL HANDLER.

Beaver Valley Units 1 and 2 5.2A - 2 Amendments 308/198D

Unit Staff Qualifications 5.3 5.0 ADMINISTRATIVE CONTROLS 5.3 Unit Staff Qualifications

-NOTE-This TS Section is only applicable to an operating unit. TS Section 5.3A is applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2).

5.3.1 Each member of the unit and radiation protection staff shall meet or exceed the minimum qualifications of ANSI N18.1-1971 for comparable positions, except for the following:

The operations manager as specified in Specification 5.2.2.e, The radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, September 1975, and The technical advisory engineering representative who shall have a bachelors degree or equivalent in a scientific or engineering discipline with specific training in plant design and response analysis of the plant for transients and accidents.

The licensed operators who shall comply only with the requirements of 10 CFR 55.

5.3.2 For the purpose of 10 CFR 55.4, a licensed Senior Reactor Operator (SRO) and a licensed Reactor Operator (RO) are those individuals who, in addition to meeting the requirements of Specification 5.3.1, perform the functions described in 10 CFR 50.54(m).

Beaver Valley Units 1 and 2 5.3 - 1 Amendments 308/198 185

Unit Staff Qualifications (Permanently Defueled Unit) 5.3A 5.0 ADMINISTRATIVE CONTROLS 5.3A Unit Staff Qualifications (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2). TS Section 5.3 is applicable to an operating unit.

5.3A.1 Each member of the unit and radiation protection staff shall meet or exceed the minimum qualifications of ANSI N18.1-1971 for comparable positions, except for the following:

The shift manager as specified in Specification 5.2A.2.e, and The radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, September 1975.

5.3A.2 The NRC-approved training and retraining program for CERTIFIED FUEL HANDLERs shall be maintained.

Beaver Valley Units 1 and 2 5.3A - 1 Amendments 308/198BD

Procedures 5.4 5.0 ADMINISTRATIVE CONTROLS 5.4 Procedures

-NOTE-This TS Section is only applicable to an operating unit. TS Section 5.4A is applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2).

5.4.1 Written procedures shall be established, implemented, and maintained covering the following activities:

a. The applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978,

b. The emergency operating procedures required to implement the requirements of NUREG-0737 and to NUREG-0737, Supplement 1, as stated in Generic Letter 82-33,

c. Quality assurance for effluent and environmental monitoring,

d. Fire Protection Program implementation, and

e. All programs specified in Specification 5.5.

Beaver Valley Units 1 and 2 5.4 - 1 Amendments 308/19861

Procedures (Permanently Defueled Unit) 5.4A 5.0 ADMINISTRATIVE CONTROLS 5.4A Procedures (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2). TS Section 5.4 is applicable to an operating unit.

5.4A.1 Written procedures shall be established, implemented, and maintained covering the following activities:

a. The procedures applicable to the safe storage of nuclear fuel recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978,

b. Quality assurance for effluent and environmental monitoring,

c. Fire Protection Program implementation, and

d. All programs specified in Specification 5.5.

Beaver Valley Units 1 and 2 5.4A - 1 Amendments 308/198TBD

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NOS. 308 AND 198 TO RENEWED FACILITY OPERATING LICENSE NOS. DPR-66 AND NPF-73 ENERGY HARBOR NUCLEAR CORP.

ENERGY HARBOR NUCLEAR GENERATION LLC BEAVER VALLEY POWER STATION, UNITS 1 AND 2 DOCKET NOS. 50-334 AND 50-412

1.0 INTRODUCTION

By application dated February 11, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20043F441), as supplemented by letter dated November 9, 2020 (ADAMS Accession No. ML20315A004), FirstEnergy Nuclear Operating Company (FENOC, the licensee)1 submitted a license amendment request (LAR) to the U.S. Nuclear Regulatory Commission (NRC, the Commission), proposing changes to the Beaver Valley Power Station, Units 1 and 2 (Beaver Valley 1 and 2), Technical Specifications (TSs).

The supplemental letter dated November 9, 2020, provided additional information that clarified the license amendment application (including minor corrections to the LAR), did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination as published in the Federal Register on March 24, 2020 (85 FR 16683).

Specifically, the LAR proposed changes to the organization, staffing, and training requirements contained in Section 5.0, Administrative Controls, of the Beaver Valley 1 and 2 TSs and defined two new positions for Certified Fuel Handler and Non-Certified Operator in Section 1.1, Definitions. The stated purpose for the proposed LAR is to reflect the permanently defueled condition of one unit at the dual-unit site, while maintaining the operational requirements for the other unit until such time similar certifications are docketed for the second unit.

1 FirstEnergy Nuclear Operating Company has been renamed Energy Harbor Nuclear Corp. Energy Harbor Nuclear Corp. is authorized to act as agent for Energy Harbor Nuclear Generation LLC and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Enclosure 3

Background

In its correspondence dated April 25, 2018 (ADAMS Accession No. ML18115A007), and pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.82(a)(1)(i) and 10 CFR 50.4(b)(8), FENOC, acting as agent for and on behalf of FirstEnergy Nuclear Generation, LLC., certified to the NRC that FirstEnergy Solutions Corp. intended to permanently cease power operations at Beaver Valley 1 by May 31, 2021, and Beaver Valley 2 by October 31, 2021.

By NRC order dated December 2, 2019 (ADAMS Accession No. ML19303C953), the NRC staff approved the transfer of the operating licenses for Beaver Valley 1 and 2 (including a transfer of operating authority and a transfer of ownership). By correspondence dated February 27, 2020 (ADAMS Accession No. ML20030A440), the NRC issued the conforming license amendments for the transfer that identified Energy Harbor Nuclear Corp. (Energy Harbor) as having operating authority for Beaver Valley 1 and 2, and Energy Harbor Nuclear Generation, LLC as having ownership of the units. These entities are subsidiaries of Energy Harbor Nuclear Corp.

On March 13, 2020, the new Board of Directors for Energy Harbor Nuclear Corp. reversed the decision to permanently cease operations at Beaver Valley 1 and 2. Therefore, Energy Harbor Nuclear Corp. formally withdrew its Certification of Permanent Cessation of Power Operations for Beaver Valley 1 and 2 (ADAMS Accession No. ML20073N415). With the cancellation of the permanent cessation of operations and permanent removal of fuel from the reactor vessel, Energy Harbor elected to continue with this conditional license amendment in preparation for eventual shutdown.

Once the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel are submitted to the NRC pursuant to 10 CFR 50.82, Termination of license, paragraphs (a)(1)(i) and (ii), the regulations in 10 CFR 50.82(a)(2) will no longer authorize operation of the reactor or emplacement of fuel into the reactor vessel under the 10 CFR Part 50 licenses. In support of this condition, the licensee provides revisions to the Beaver Valley TSs to reflect the eventual permanent shutdown and defueled condition in accordance with 10 CFR 50.36(c)(6).

2.0 REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended, requires applicants for nuclear power plant operating licenses to include TSs as part of the application. The NRCs regulatory requirements related to the content of the TSs are contained in 10 CFR 50.36, Technical specifications.

Paragraph 50.36(c)(5), Administrative Controls, of 10 CFR identifies that an administrative controls section shall be included in the TSs and shall include provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner.

Section 50.54(m), Conditions of licenses, of 10 CFR discusses reactor operators and senior reactor operators licensed under 10 CFR Part 55, including minimum staffing requirements.

The regulations under 10 CFR 50.82(a)(1) require that when a licensee has determined to permanently cease operations, the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements of 10 CFR 50.4(b)(8), and once fuel has been

permanently removed from the reactor vessel, the licensee shall submit a written certification to the NRC that meets the requirements of 10 CFR 50.4(b)(9).

The regulations under 10 CFR 50.82(a)(2) state:

Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, or when a final legally effective order to permanently cease operations has come into effect, the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

The licensee is proposing changes to the administrative controls section of the TSs, with conforming changes proposed to additional sections, consistent with a future decommissioning status of the plant. This request applies the principles identified in 10 CFR 50.36(c)(6),

Decommissioning, for a facility which has submitted certifications required by 10 CFR 50.82(a)(1) and proposes changes to the administrative controls appropriate for the Beaver Valley 1 and 2 permanently defueled condition. As 10 CFR 50.36(c)(6) states, this type of change should be considered on a case-by-case basis. With the cancellation of the permanent cessation of operations and permanent removal of fuel from the reactor vessel, Energy Harbors certifications are no longer in effect. However, Energy Harbor elected to continue with this conditional license amendment in preparation for eventual shutdown.

Section 50.120, Training and qualification of nuclear power plant personnel, of 10 CFR requires the use of a systems approach to training (SAT) for personnel positions, including Certified Fuel Handlers.

NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR [Light-Water Reactor] Edition, Chapter 13, Conduct of Operations, Section 13.2.2, Non-Licensed Plant Staffing Training, Revision 4, dated August 2016 (ADAMS Accession No. ML15006A129), provides guidance for the review of training programs for non-licensed plant staff.

The NRC staff notes that in the course of this evaluation, information contained in draft NUREG-1625, Proposed Standard Technical Specifications for Permanently Defueled Westinghouse Plants, Draft Report for Comment, dated March 1998 (ADAMS Accession No. ML082330233), was also considered. The staff also considered information contained in NUREG-1431, Standard Technical Specifications - Westinghouse Plants.

2.1 Proposed Changes 2.1.1 Add Definitions for Certified Fuel Handler and Non-Certified Operator The licensee proposed addition of the following definitions to the Beaver Valley 1 and 2 TSs.

CERTIFIED FUEL HANDLER A CERTIFIED FUEL HANDLER is an individual who complies with the provisions of the CERTIFIED FUEL HANDLER training and retraining program required by Specification 5.3A.2.

NON-CERTIFIED OPERATOR A NON-CERTIFIED OPERATOR is a non-licensed operator who complies with the qualification requirements of Specification 5.3A.1, but is not a CERTIFIED FUEL HANDLER.

2.1.2 Add New TS Subsection 5.2A, Organization (Permanently Defueled Unit)

The licensee proposed the addition of a new TS Subsection 5.2A, Organization (Permanently Defueled Unit), to reflect when a unit is in a permanently shutdown and defueled condition.

The proposed TS 5.2A would read as follows:

5.2A Organization (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii),

and pursuant to 10 CFR 50.82(a)(2). TS Section 5.2 is applicable to an operating unit.

5.2A.1 Onsite and Offsite Organizations Onsite and offsite organizations shall be established for unit staff and corporate management. The onsite and offsite organizations shall include the positions for activities affecting the safe storage and handling of nuclear fuel.

a. Lines of authority, responsibility, and communication shall be defined and established throughout highest management levels, intermediate levels, and all unit organization positions. These relationships shall be documented and updated, as appropriate, in organization descriptions, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications shall be documented in the Unit 2 UFSAR,

b. The plant manager shall be responsible for overall safe operation of the unit and shall have control over those onsite activities necessary for safe storage and maintenance of the nuclear fuel,

c. A corporate officer with direct responsibility for the unit shall have corporate responsibility for the safe storage and handling of nuclear fuel and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the unit to ensure safe management of nuclear fuel, and

d. The individuals who train the CERTIFIED FUEL HANDLERs, carry out radiation protection, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their ability to perform their assigned functions.

5.2A.2 Unit Staff The unit staff organization shall include the following:

a. Each on duty shift shall be composed of at least one shift manager and one NON-CERTIFIED OPERATOR. The NON-CERTIFIED OPERATOR position may be filled by a CERTIFIED FUEL HANDLER.

b. Shift crew composition may be less than the minimum requirement of Specification 5.2A.2.a for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements and the following conditions are met:

1) No nuclear fuel movements are in progress;

2) No movement of loads over nuclear fuel is in progress; and

3) No unmanned shift positions during shift turnover shall be permitted due to an incoming shift crew member being late or absent.

c. An individual qualified in radiation protection procedures shall be on site during movement of nuclear fuel and during the movement of loads over nuclear fuel. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

d. At least one person qualified to stand watch in the control room (NONCERTIFIED OPERATOR or CERTIFIED FUEL HANDLER) shall be present in the control room when nuclear fuel is stored in the spent fuel pool.

e. The shift manager shall be a CERTIFIED FUEL HANDLER.

f. Oversight of nuclear fuel handling operations shall be provided by a CERTIFIED FUEL HANDLER.

2.1.3 Add New TS Subsection 5.3A, Unit Staff Qualifications (Permanently Defueled Unit)

The licensee proposed the addition of a new TS Subsection 5.3A, Unit Staff Qualifications (Permanently Defueled Unit), to reflect when a unit is in a permanently shutdown and defueled condition. The proposed TS Subsection 5.3A would read as follows:

5.3A Unit Staff Qualifications (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii),

and pursuant to 10 CFR 50.82(a)(2). TS Section 5.3 is applicable to an operating unit.

5.3A.1 Each member of the unit and radiation protection staff shall meet or exceed the minimum qualifications of ANSI N18.1-1971 for comparable positions, except for the following:

The shift manager as specified in Specification 5.2A.2.e, and The radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, September 1975.

5.3A.2 The NRC-approved training and retraining program for CERTIFIED FUEL HANDLERs shall be maintained.

2.1.4 Add New TS Subsection 5.4A, Procedures (Permanently Defueled Unit)

The licensee proposed the addition of a new TS Subsection 5.4A, Procedures (Permanently Defueled Unit), to reflect when a unit is in a permanently shutdown and defueled condition.

The proposed TS Subsection 5.4A would read as follows:

5.4A Procedures (Permanently Defueled Unit)

-NOTE-This TS Section is only applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in

accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2). TS Section 5.4 is applicable to an operating unit.

5.4A.1 Written procedures shall be established, implemented, and maintained covering the following activities:

a. The procedures applicable to the safe storage of nuclear fuel recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978,

b. Quality assurance for effluent and environmental monitoring,

c. Fire Protection Program implementation, and

d. All programs specified in Specification 5.5.

2.1.5 Add New Applicability Notes for TS 5.2, 5.3, and 5.4 The licensee proposed the addition of a new TS Applicability Note for TS 5.2. The proposed TS Applicability Note would read as follows:

-NOTE-This TS Section is only applicable to an operating unit. TS Section 5.2A is applicable to a unit for which the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel is docketed in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2).

Corresponding notes were proposed for TSs 5.3 and 5.4, respectively.

3.0 TECHNICAL EVALUATION

3.1 Technical Evaluation of Proposed Changes 3.1.1 Definitions for Certified Fuel Handler and Non-Certified Operator The NRC staff reviewed the licensees proposal to add the definitions for Certified Fuel Handler and Non-Certified Operator and concludes that these terms apply to the safe storage and handling of spent fuel in the spent fuel pool.

3.1.2 TS Subsection 5.2A, Organization (Permanently Defueled Unit) 3.1.2.1 TS Subsection 5.2A.1, Onsite and Offsite Organizations The differences between existing TS Subsections 5.2.1a, 5.2.1b, 5.2.1c, and 5.2.1d, and proposed TS Subsections 5.2A.1a, 5.2A.1b, 5.2A.1c, and 5.2A.1d, respectively, reflect when a unit is in a permanently shutdown and defueled condition. The NRC staff reviewed the proposed sections and found them to be acceptable because the changes are considered administrative in nature and will reflect the units in a permanently shutdown and defueled condition.

3.1.2.2 TS Subsection 5.2A.2, Unit Staff The licensee proposed a new TS Subsection 5.2A.2a that provides the minimum staffing requirements for Beaver Valley 1 and 2 to reflect a permanently defueled reactor. The licensee uses two new positions, Non-Certified Operator and Certified Fuel Handler, in the proposed text. These positions are consistent with the proposed change in TS 1.1, Definitions, of the submittal.

The licensee provided a discussion that the overall scope of work is reduced with a decommissioning reactor and that, therefore, the proposed staffing is acceptable. Additionally, proposed TS Subsection 5.2A.2e separately states that The shift manager shall be a CERTIFIED FUEL HANDLER.

The proposed TS Subsection 5.2A.2a permits a Certified Fuel Handler to be substituted for the required Non-Certified Operator. The NRC staff finds this substitution acceptable because a Certified Fuel Handler would reasonably be expected to be capable of carrying out the duties of a Non Certified Operator based upon the Certified Fuel Handler Training and Retraining Program that was previously approved by the NRC staff by letter dated April 11, 2019 (ADAMS Accession No. ML19028A030).

The licensees current TS refers to the requirements in 10 CFR 50.54(m)(2)(i) as they relate to the licensed senior operator and licensed operator staff positions. The requirements of 10 CFR 50.54(m)(2)(i) do not apply once Beaver Valley 1 and 2 have submitted a certificate under 10 CFR 50.82(a)(1). The licensee refers to proposed TS Subsection 5.2A.2.a, which states that Each on duty shift shall be composed of at least one shift manager and one NON-CERTIFIED OPERATOR. The NON-CERTIFIED OPERATOR position may be filled by a CERTIFIED FUEL HANDLER, for the proposed minimum shift crew composition.

The proposed TS Subsection 5.2A.2b proposed three limitations during the periods when minimum shift crew composition is not met. The limitations are added to ensure that proper oversight and response to unanticipated incidents are maintained during fuel activities, and intentional reduction in minimum staffing is avoided.

The NRC staff reviewed proposed TS Subsection 5.2A.2b and finds it acceptable because the addition is considered administrative in nature and will reflect the units in a permanently shutdown and defueled condition.

The proposed TS Subsection 5.2A.2c replaces the TS Subsection 5.2.2c wording when fuel is in the reactor with during movement of nuclear fuel and during the movement of loads over nuclear fuel. The proposed wording change is applicable because Energy Harbor will have certified that it has permanently ceased operation and defueled Beaver Valley 1 and/or 2, and the current wording would no longer be applicable. The licensee stated that the proposed TS Subsection 5.2A.2c ensures that a radiation protection technician is present on site during the movement of both nuclear fuel and of loads over the nuclear fuel.

The NRC staff reviewed proposed TS Subsection 5.2A.2c and finds it acceptable because it will reflect the facility in a permanently shutdown and defueled condition.

The licensee proposed to add a requirement in TS Subsection 5.2A.2d to ensure that the primary functions of the control room at a permanently shutdown reactor will be maintained at all times when fuel is stored in the spent fuel pool. These functions include monitoring plant

systems, response to abnormal conditions, communications with onsite personnel and offsite agencies, emergency response, and coordination of facility activities. The NRC staff notes the following statement by the licensee in the LAR:

The control room will remain the physical center of the command function for a permanently defueled unit. However, since control of activities may be performed either remotely from the control room or locally in the facility, the location of the command center is functionally where the shift manager is located.

The NRC staff reviewed the proposed TS Subsection 5.2A.2d and finds it acceptable based on the discussion above.

The licensees current TS refers to the requirements in 10 CFR 50.54(m) recognizing the Senior Reactor Operator (SRO) as the cognizant shift staff. The requirements of 10 CFR 50.54(m) do not apply once Beaver Valley 1 and/or 2 have submitted a certificate under 10 CFR 50.82(a)(1).

Therefore, the current TS Subsection 5.2.2e will not apply and is substituted in proposed TS Subsection 5.2A.2e with the position of a shift manager who is also a Certified Fuel Handler. A discussion of the Certified Fuel Handlers is provided in the application and this safety evaluation. Furthermore, usage of the shift manager is consistent with the rest of the proposed TS changes.

The NRC staff reviewed the proposed TS Subsection 5.2A.2e and finds it acceptable based on the discussion above.

The current TS Subsection 5.2.2f addresses an advisory technical support position that is only required for a plant authorized for power operations and is substituted in proposed TS Subsection 5.2A.2f. The licensee proposes to add a new requirement in TS Subsection 5.2A.2f to require a Certified Fuel Handler to oversee the fuel handling operations. This requirement ensures that the movement of spent fuel is performed under the oversight of an individual who has the requisite knowledge and training, specifically that of a Certified Fuel Handler as proposed in the definitions section of the TSs. The use of a Certified Fuel Handler in this subsection is consistent with the other proposed subsections of the submittal.

The NRC staff reviewed the proposed TS Subsection 5.2A.2f and finds it acceptable based on the discussion above.

The NRC staff finds the restrictions placed by new TS 5.2A.2 acceptable, considering the reduced staffing levels at a permanently defueled reactor.

3.1.3 TS Subsection 5.3A Unit Staff Qualifications (Permanently Defueled Unit)

The differences in the requirements contained in proposed TS Subsection 5.3A.1 reflect when a unit is in a permanently shutdown and defueled condition. The licensee discusses in the LAR that the associated changes in proposed TS Subsection 5.3A.1 include using the shift manager position in place of the operations manager, removing the requirement associated with the advisory technical support position, and removing the requirement associated with licensed operators.

This new TS establishes the qualification requirements for the radiation protection manager position that will remain part of the decommissioned unit staff. The NRC staff finds the proposed change acceptable because the proposed new TS 5.3A.1 is similar to TS 5.3.1, and

the cited standard and regulatory guide provided are acceptable means of meeting qualification requirements for the radiation protection manager position.

The licensees current TSs refer to the requirements of 10 CFR 50.54(m) as they relate to the SRO and RO licensed operator staff positions. The requirements of 10 CFR 50.54(m) do not apply once Beaver Valley 1 and/or 2 have submitted a certificate under 10 CFR 50.82(a)(1).

Therefore, the current TS Subsection 5.3.2 will not apply and is substituted in proposed TS Subsection 5.3A.2 with a new requirement that an NRC-approved training and retraining program for Certified Fuel Handlers shall be maintained.

By letter dated August 15, 2018, the licensee submitted for approval to the NRC the Beaver Valley 1 and 2 Certified Fuel Handler Training and Retraining Program. The NRC approved the Beaver Valley 1 and 2 Certified Fuel Handler Training and Retraining Program on April 11, 2019. This program will ensure that the Certified Fuel Handler qualifications are commensurate with the tasks to be performed and that it is developed using a SAT as defined in 10 CFR 55.4.

A SAT-developed training for a Certified Fuel Handler provides adequate confidence that the duties performed by the Certified Fuel Handler ensure the safe storage and handling of spent fuel.

The NRC staff reviewed the proposed TS Subsection 5.3A.2 and finds it acceptable based on the discussion above. Additionally, the staff finds the proposed TS Subsection 5.3A.2 acceptable because the changes will reflect the units in either an operating or permanently shutdown and defueled condition, respectively.

3.1.4 TS Subsection 5.4A, Procedures (Permanently Defueled Unit)

The NRC staff reviewed the proposed TS Subsection 5.4A.1 and finds it acceptable because the changes are considered administrative in nature and are limited to differences in subsection numbering that differentiate which subsection is applicable based upon whether a unit remains in, or has permanently ceased, operation.

The proposed language by the licensee was added to limit the procedures recommended in Regulatory Guide 1.33, Revision 2, Quality Assurance Program Requirements (Operation),

Appendix A, dated February 1978 (ADAMS Accession No. ML003739995), to those applicable to the safe storage of spent nuclear fuel. This is because the procedures for operating and refueling the reactor will no longer be applicable once Beaver Valley 1 and/or 2 have submitted a certification under 10 CFR 50.82(a)(1). The licensee states that the procedures governing responses to fuel handling accidents, personnel injuries, spent fuel pool events, and external events provide the necessary guidance to mitigate the consequences of such events.

The proposed TS 5.4A does not contain a subsection that corresponds in numbering to the current TS Subsection 5.4.1e. This reflects a change in the numbering of subsections within the proposed TS 5.4A. Proposed TS 5.4A relocates the requirement contained in the current TS Subsection 5.4.1e to proposed TS Subsection 5.4A.1d. The NRC staff finds this change acceptable because the change is considered administrative in nature and is limited to the renumbering of existing subsections.

The NRC staff reviewed the proposed TS Subsection 5.4A.1a and finds it acceptable because the changes will reflect the units in a permanently shutdown and defueled condition.

The licensee proposed to not include the current TS Subsection 5.4.1b requirement within the proposed TS 5.4A, stating that the current subsection applies to operating reactors and would no longer be applicable once Beaver Valley 1 and 2 are in a permanently defueled condition.

The NRC staff agrees and notes that the deletion of this requirement is acceptable.

The proposed TS Subsection 5.4A.1b now contains the current TS Subsection 5.4.1c requirement, the wording of which remains unchanged from the current version. This reflects a change in the numbering of subsections within the proposed TS 5.4A. The NRC staff finds this change acceptable because the change is considered administrative in nature and is limited to the renumbering of existing subsections.

The proposed TS Subsection 5.4A.1c now contains the current TS Subsection 5.4.1d requirement, the wording of which remains unchanged from the current version. This reflects a change in the numbering of subsections within the proposed TS 5.4A for the reasons discussed previously in the evaluation of current TS Subsection 5.4.1b. The NRC staff finds this change acceptable because the change is considered administrative in nature and is limited to the renumbering of existing subsections.

The proposed TS Subsection 5.4A.1d now contains the current TS Subsection 5.4.1e requirement, the wording of which remains unchanged from the current version. This reflects a change in the numbering of subsections within the proposed TS 5.4A for the reasons discussed previously in the evaluation of current TS Subsection 5.4.1b. The NRC staff finds this change acceptable because the change is considered administrative in nature and is limited to the renumbering of existing subsections.

3.1.5 Applicability Notes for TSs 5.2, 5.3, and 5.4 The NRC staff reviewed the proposed applicability notes for TSs 5.2, 5.3, and 5.4, and finds them acceptable because the changes are considered administrative in nature and are limited to indicating which section is applicable based upon whether a unit remains in, or has permanently ceased, operation.

3.1.6 Applicability Notes for TSs 5.2A, 5.3A, and 5.4A The NRC staff reviewed the proposed applicability notes for TSs 5.2A, 5.3A, and 5.4A, and finds them acceptable because the changes are considered administrative in nature and are limited to indicating which section is applicable based upon whether a unit remains in, or has permanently ceased, operation.

4.0 CONCLUSION

The NRC staff has completed its review of the administrative controls section of the TSs to reflect a permanently defueled condition and has determined that the licensee has adequately considered, or will consider, the impact of the license amendments on the organization, unit staff qualifications, and procedures. Therefore, the staff concludes that the LAR is acceptable and that the statements provided by the licensee are in conformance with 10 CFR 50.36, 50.54, and 50.120.

5.0 STATE CONSULTATION

In accordance with the Commissions regulations, the Commonwealth of Pennsylvania official was notified of the proposed issuance of the amendments on December 15, 2020. The Commonwealth official had no comments.

6.0 ENVIRONMENTAL CONSIDERATION

The amendments change a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. 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 amendments involve no significant hazards consideration, and there has been no public comment on such finding (85 FR 16683; March 24, 2020). Accordingly, the amendments meet 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 amendments.

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) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributors: J. Seymour A. Russell D. Garmon-Candelaria Date: February 18, 2021

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