ML21172A217

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Issuance of License Amendment to Adopt ISFSI-Only Technical Specifications
ML21172A217
Person / Time
Site: Duane Arnold NextEra Energy icon.png
Issue date: 01/21/2022
From: Kimberly Conway
Reactor Decommissioning Branch
To: Coffey B
Florida Power & Light Co, NextEra Energy Duane Arnold, NextEra Energy
Kimberly Conway, 301-415-1355
References
EPID L-2021-LLA-0029
Download: ML21172A217 (30)
v • d • e


Text

January 21, 2022 Mr. Bob Coffey Executive Vice President, Nuclear and Chief Nuclear Officer NextEra Energy, Inc.

Mail Stop: EX/JB 700 Universe Boulevard Juno Beach, FL 33408

SUBJECT:

DUANE ARNOLD ENERGY CENTER - ISSUANCE OF AMENDMENT NO. 315 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-49 TO REVISE THE PERMANENTLY DEFUELED TECHNICAL SPECIFICATIONS TO ALIGN TO THE REQUIREMENTS FOR PERMANENT REMOVAL OF SPENT FUEL FROM THE SPENT FUEL POOL (EPID L-2021-LLA-0029)

Dear Mr. Coffey:

The U.S. Nuclear Regulatory Commission (NRC, Commission) has issued the enclosed Amendment No. 315 to Renewed Facility Operating License No. DPR-49, for the Duane Arnold Energy Center (DAEC), operated by NextEra Energy Duane Arnold, LLC. The amendment consists of revisions to the Renewed Facility Operating License and the Technical Specifications (TS) in response to your application dated February 19, 2021 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML21050A189), as supplemented on January 3, 2022 (ADAMS Accession No. ML22004A010 [Pkg]). These revisions reflect the removal of all spent nuclear fuel from the DAEC spent fuel pool (SFP) and its transfer to dry cask storage within an onsite Independent Spent Fuel Storage Installation (ISFSI).

These changes will more fully reflect the permanently shutdown status of the decommissioning facility, as well as the reduced scope of structures, systems, and components necessary to ensure plant safety once all spent fuel has been permanently moved to the DAEC ISFSI, an activity which is currently scheduled for completion in mid-2022. The proposed changes also include the relocation of administrative controls from the TS to the DAEC Quality Assurance Topical Report, as well as deletion of the remaining TS Bases, except for certain environmental reporting requirements which are required to remain in the TS in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36a(a)(2). The license amendment and TS changes are provided as Enclosure 1. The changes shall be implemented within 60 days following submittal of written notification to the NRC that all spent nuclear fuel assemblies have been transferred out of the DAEC SFP and placed in dry storage within the ISFSI.

A copy of the related safety evaluation is also provided in Enclosure 2. A Notice of Issuance will be included in the Commissions monthly Federal Register notice.

D. Coffey The NRC staff has determined that its documented safety evaluation does not contain Sensitive Unclassified Non-Safeguards Information pursuant to 10 CFR Section 2.390, Public inspections, exemptions, requests for withholding.

In accordance with 10 CFR Section 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter is available for inspection at the Public Document Room, Monday-Friday by appointment or electronically from the Publicly Available Records component of ADAMS. ADAMS is accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html. To schedule an appointment to visit the Public Document Room, please email PDR.Resource@nrc.gov or call 1-800-397-4209.

If you have any questions concerning the above, please contact me at 301-415-1335 or via email at Kimberly.Conway@nrc.gov.

Sincerely, Signed by Conway, Kimberly on 01/21/22 Kimberly A. Conway, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-331

Enclosures:

1. Amendment No. 315 to Renewed License No. DPR-49
2. Safety Evaluation cc: Duane Arnold ListServ

NEXTERA ENERGY DUANE ARNOLD, LLC DUANE ARNOLD ENERGY CENTER DOCKET NO. 50-331 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 315 Renewed License No. DPR-49

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

A. The application for amendment by NextEra Energy Duane Arnold, LLC dated February 19, 2021, as supplemented on January 3, 2022, 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 Title 10 of the Code of Federal Regulations (10 CFR), Chapter I, and all required notifications to other agencies or bodies have been duly made; 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 rules and 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 Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes as indicated in the attachment to this license amendment. Specifically, paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-49 is hereby amended to read as follows:

The Technical Specifications contained in Appendix A, as revised through Amendment No. 315, are hereby incorporated in the license. NextEra Energy Duane Arnold, LLC shall maintain the facility in accordance with the Permanently Defueled Technical Specifications.

Enclosure 1

In addition, paragraph 2.C.(7) of Renewed Facility Operating License No. DPR-49 is hereby amended to read as follows:

The Additional Conditions contained in Appendix B, as revised through Amendment No. 315, are hereby incorporated into this license. NextEra Energy Duane Arnold, LLC shall operate the facility in accordance with the Additional Conditions.

In addition, paragraph 2.C.(8) of Renewed Facility Operating License No. DPR-49 is hereby amended to remove the paragraph that reads:

The licensee is authorized to revise the Updated Final Safety Analysis Report by deleting the footnote for Section 9.1.4.4.5 which states: *The NRC has not endorsed the reactor building crane as single-failure proof (Reference 9), and by deleting Reference 9 of the references for Section 9.1.

This paragraph will be replaced with the text Deleted.

Finally, paragraph 2.C.(9) of Renewed Facility Operating License No. DPR-49 is hereby amended to remove the paragraphs that read:

Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance
2. Assessment of mutual aid fire fighting assets
3. Designated staging areas for equipment and materials
4. Command and control
5. Training of response personnel (b) Operations to mitigate fuel damage considering the following:
1. Protection and use of personnel assets
2. Communications
3. Minimizing fire spread
4. Procedures for implementing integrated fire response strategy
5. Identification of readily-available pre-staged equipment
6. Training on integrated fire response strategy
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders These paragraphs will be replaced with the text Deleted.
6. This license amendment is effective upon the date of submittal of written notification to the NRC that all spent nuclear fuel assemblies have been transferred out of the Duane Arnold Energy Center spent fuel pool and placed in dry storage within the onsite independent spent fuel storage installation and shall be implemented within 60 days following that date.

FOR THE NUCLEAR REGULATORY COMMISSION Signed by Watson, Bruce on 01/20/22 Bruce A. Watson, CHP, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Changes to the Renewed Facility Operating License and Technical Specifications Date of Issuance:

January 21, 2022

ATTACHMENT TO LICENSE AMENDMENT NO. 315 DUANE ARNOLD ENERGY CENTER RENEWED FACILITY OPERATING LICENSE NO. DPR-49 DOCKET NO. 50-331 Replace the following pages of Renewed Facility Operating License No. DPR-49 and Appendix A, Technical Specifications, 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-49 REMOVE INSERT Page 3 Page 3 Page 4 Page 4 Page 5 (repaginated only) - No Page 5 -

Appendix A: Technical Specifications REMOVE INSERT All Pages Table of Contents EXCEPT Sections 5.6 and 5.7 Page 4.0-1 Pages 5.0 5.0-4 (repaginated only; no changes or revisions to the text of Section 5.7)

Appendix B: Additional Conditions REMOVE INSERT Entire Appendix Entire Appendix

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 I; 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; 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) Deleted (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 315, are hereby incorporated in the license. NextEra Energy Duane Arnold, LLC shall operate the facility in accordance with the Permanently Defueled Technical Specifications.

(3) Deleted (4) Deleted (5) Physical Protection NextEra Energy Duane Arnold, LLC shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR Section 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR Section 50.90 and 10 CFR Section 50.54(p). The combined set of plans, which contains Safeguards Information protected under 10 CFR Section 73.21, is entitled:

Duane Arnold Energy Center Physical Security Plan, submitted by letter dated May 16, 2006.

(6) Deleted (7) Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No. 315, are hereby incorporated into this license. NextEra Energy Duane Arnold, LLC shall operate the facility in accordance with the Additional Conditions.

(8) Deleted (9) Deleted (10) Deleted (11) Deleted (12) Deleted (13) Deleted Renewed License No. DPR-49 Amendment No. 312

D. This license is effective as of the date of issuance and is effective until the Commission notifies the licensee in writing that the license is terminated.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Eric J. Leeds Eric J. Leeds, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Appendix A Technical Specifications
2. Appendix B Additional Conditions Date of Issuance: December 16, 2010 Renewed License No. DPR-49 Amendment No. 312

TABLE OF CONTENTS 4.0 DESIGN FEATURES...........................................................................................4.0- 4.1 Site Location ...............................................................................................4.0-1 4.2 Deleted .......................................................................................................4.0-1 4.3 Fuel Storage ...............................................................................................4.0-1 5.0 ADMINISTRATIVE CONTROLS .........................................................................5.0- 5.6 Reporting Requirements 5.6.3 Radioactive Material Release Report 5.0-6 5.7 High Radiation Area ...................................................................................5.0-7 DAEC i Amendment 315

Design Features 4.0 4.0 DESIGN FEATURES 4.1 Site Location The plant site, which consists of approximately 500 acres, is adjacent to the Cedar River approximately 2.5 miles northeast of the Village of Palo, Iowa. The boundary of the exclusion area defined in 10 CFR 100 is delineated by the property lines. The distance to the outer boundary of the low population zone is 6 miles. The plan of the site is shown on DSAR Figures 1-1 and 1-2.

4.2 Deleted 4.3 Fuel Storage Spent Fuel shall not be stored in the spent fuel pool.

DAEC 4.0-1 Amendment 315

Reporting Requirements 5.6 5.0 ADMINISTRATIVE CONTROLS The following reports shall be submitted in accordance with 10 CFR Section 50.4.

5.6.1 DELETED 5.6.2 DELETED 5.6.3 Radioactive Material Release Report The Radioactive Material Release Report covering the operation of the unit during the previous calendar year shall be submitted prior to May 1 of each year in accordance with 10 CFR 50.36a. The report shall include a summary of the quantities of radioactive liquid and gaseous effluents and solid waste released from the unit. The material provided shall be consistent with the objectives outlined in the ODAM and Process Control Program and in conformance with 10 CFR Section 50.36a and 10 CFR Part 50, Appendix I, Section IV.B.1.

5.6.4 DELETED 5.6.5 DELETED 5.6.5 DELETED 5.6.7 DELETED DAEC 5.0-6 Amendment 315

Reporting Requirements 5.6 APPENDIX B ADDITIONAL CONDITIONS LICENSE NO. DPR-49 NextEra Energy Duane Arnold, LLC (the term licensee in Appendix B refers to NextEra Energy Duane Arnold, LLC or prior license holders) shall comply with the following conditions on the schedule noted below:

Amendment Number Additional Conditions Implementation Date 223 DELETED 275 260 (1) NextEra Energy Duane Arnold shall take all This amendment is 275 necessary steps to ensure that the external trust effective immediately fund is established at the time of the closing of and shall be implemented the transfer of the license from Interstate Power within 30 days of the date (IPL) to FPLE Duane Arnold is maintained in of this amendment.

accordance with the requirements of the December 23, 2005 order approving the license transfer, NRC regulations, and consistent with the safety evaluation supporting the order. The trust agreement shall be in a form acceptable to the NRC.

260 (2) DELETED 279 260 (3) DELETED DAEC 5.0-6 Amendment 315

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS RELATED TO AMENDMENT NO. 315 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-49 NEXTERA ENERGY DUANE ARNOLD, LLC DUANE ARNOLD ENERGY CENTER DOCKET NO. 50-331

1.0 INTRODUCTION

The Duane Arnold Energy Center (DAEC) is a single decommissioning boiling water nuclear power reactor unit located on the western side of a north-south branch of the Cedar River, approximately 2.5 miles north-northeast of the Village of Palo in Linn County, Iowa. The closest city is Cedar Rapids, which has its outer boundary 8 miles to the southeast of the DAEC site.

The licensee, NextEra Energy Duane Arnold, LLC (NEDA), is the holder of Renewed Facility Operating License No. DPR-49, which was issued pursuant to the Atomic Energy Act of 1954, as amended, and Part 50, Domestic Licensing of Production and Utilization Facilities, of Title 10 of the Code of Federal Regulations (10 CFR).

By letter dated January 18, 2019 (Reference 1), NEDA submitted a certification to the U.S. Nuclear Regulatory Commission (NRC, the Commission) indicating its intention to permanently cease power operations at DAEC in the fourth quarter of 2020, pursuant to 10 CFR 50.82(a)(1)(i). By letter dated March 2, 2020 (Reference 2), NEDA updated its timeline and certified to the NRC that it planned to permanently cease power operations at DAEC on October 30, 2020. By letter dated August 27, 2020 (Reference 3), NEDA revised the permanent shutdown date and certified, pursuant to 10 CFR 50.82(a)(1)(i), that DAEC permanently ceased power operations on August 10, 2020, after a derecho weather event impacted the site.

Subsequently, by letter dated October 12, 2020 (Reference 4), NEDA certified, pursuant to 10 CFR 50.82(a)(1)(ii), that fuel was permanently removed from the DAEC reactor vessel and placed in the spent fuel pool (SFP) as of October 12, 2020. Upon docketing of these certifications for permanent cessation of operations and permanent removal of fuel from the DAEC reactor vessel, as specified in 10 CFR 50.82(a)(2), the renewed facility operating license for DAEC no longer authorizes operation of the reactor or emplacement or retention of fuel in the reactor vessel. The facility is still authorized to possess, and store irradiated (i.e., spent) nuclear fuel. Spent fuel is currently stored onsite at the DAEC facility in the SFP and in a dry cask independent spent fuel storage installation (ISFSI).

Enclosure 2

By letter dated June 20, 2019 (Reference 5), as supplemented by letters dated September 12 and November 4, 2019 (References 6 and 7, respectively), NEDA requested a license amendment to revise the DAEC renewed operating license and associated technical specifications (TS) to adopt permanently defueled TS (PDTS) consistent with the permanent cessation of reactor operations and defueling of the reactor. By letter dated July 10, 2020 (Reference 8), the NRC issued an amendment to the DAEC TS and associated license conditions approving the PDTS to reflect the permanently defueled condition of the facility. By letter dated April 2, 2020 (Reference 9), NEDA submitted the post-shutdown decommissioning activities report (PSDAR), including the site-specific decommissioning cost estimate, for DAEC.

The PSDAR was supplemented by letter dated February 5, 2021 (Reference 10) and outlines the planned decommissioning activities for DAEC.

By application dated February 19, 2021 (Reference 11), the licensee requested additional changes to the DAEC renewed facility operating license and PDTS to reflect the expected removal of all spent nuclear fuel from the DAEC SFP and its transfer to dry cask storage within an onsite ISFSI. The proposed changes include the relocation of administrative controls from the PDTS to the DAEC Quality Assurance Topical Report (QATR), a licensee-controlled document, as well as deletion of the remaining TS Bases. These changes will reflect the updated status of the facility, as well as the reduced scope of structures, systems, and components (SSCs) necessary to ensure plant safety once all spent fuel has been permanently moved to the DAEC ISFSI, an activity which is currently scheduled for completion by mid-2022.

2.0 REGULATORY EVALUATION

This safety evaluation assesses the acceptability of the proposed DAEC ISFSI-Only PDTS.

These PDTS would replace the current DAEC PDTS, approved by letter dated July 10, 2020 (Reference 8), after all of the DAEC spent fuel has been transferred from the SFP to the ISFSI.

The regulatory requirements and associated guidance on which the NRC based its acceptance and evaluation of the DAEC ISFSI-Only PDTS follows.

The NRCs regulatory requirements related to the content of technical specifications are located in 10 CFR 50.36, Technical specifications. In promulgating these requirements, the NRC placed emphasis on those matters related to the prevention of accidents and the mitigation of accident consequences. Specifically, the Commission noted that applicants were expected to incorporate into their TS those items that are directly related to maintaining the integrity of the physical barriers designed to contain radioactivity (Reference 12). Pursuant to 10 CFR 50.36, TS are required to include items in the following five categories: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation (LCOs);

(3) surveillance requirements (SRs); (4) design features; and (5) administrative controls.

However, the rule does not specify the particular requirements to be included in a plants TS.

On July 22, 1993, the Commission published a Final Policy Statement on Technical Specifications Improvements for Nuclear Power Reactors (Reference 13). The Policy Statement discussed the scope and purpose of TS for nuclear power plants and included guidance criteria to be used in determining which of the LCOs and associated surveillances should remain in the TS. The Policy Statement established four criteria to define the scope of equipment and parameters to be included in the improved standard technical specifications.

These criteria were developed for licenses authorizing operation and focused on instrumentation to detect degradation of the reactor coolant system pressure boundary, as well as on equipment or process variables that affect the integrity of fission product barriers during design-basis accidents (DBAs) or transients. The fourth criterion refers to the use of operating experience and probabilistic risk assessment to identify, and include in the TS, those SSCs shown to be significant to public health and safety. These criteria, codified by a revision to 10 CFR Section 50.36 (60 FR 36953; July 19, 1995), are the source of the TS requirements for facilities licensed under 10 CFR Part 50. A general discussion of these considerations is provided below.

Criterion 1 at 10 CFR Section 50.36(c)(2)(ii)(A) states that TS LCOs must be established for installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary. Since the DAEC facility no longer has fuel in the reactor and is no longer licensed to operate, this criterion is not applicable.

Criterion 2 at 10 CFR Section 50.36(c)(2)(ii)(B) states that TS LCOs must be established for a process variable, design feature, or operating restriction that is an initial condition of a DBA or transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier. The purpose of this criterion is to capture those process variables that have initial values assumed in the DBA and transient analyses, and which are monitored and controlled during power operation. Since the DAEC facility no longer has fuel in the reactor vessel and is no longer licensed to operate, this criterion is not applicable.

Criterion 3 at 10 CFR Section 50.36(c)(2)(ii)(C) states that TS LCOs must be established for an SSC that is part of the primary success path and which functions or actuates to mitigate a

[DBA] or transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier. The intent of this criterion is to capture into the TS those SSCs that are part of the primary success path of a safety sequence analysis. The primary success path of a safety sequence analysis consists of combinations and sequences of equipment needed to operate (including consideration of the single failure criterion), so that the plant response to DBAs and transients limits the consequences of these events to within the appropriate acceptance criteria. Since fuel will have been removed from the reactor vessel and SFP at the DAEC facility prior to implementation of this amendment, this criterion is not applicable.

Criterion 4 at 10 CFR Section 50.36(c)(2)(ii)(D) states that TS LCOs must be established for SSCs which operating experience or probabilistic risk assessment has shown to be significant to public health and safety. The intent of this criterion is that risk insights and operating experience be factored into the establishment of appropriate TS LCOs. Since fuel will have been removed from the reactor vessel and SFP at the DAEC facility prior to implementation of this amendment, this criterion is not applicable.

10 CFR Section 50.36(c)(6), Decommissioning, applies to nuclear power reactor facilities (like DAEC) that have submitted the certifications required by 10 CFR Section 50.82(a)(1). For such facilities, the regulation states that TS involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for operation; surveillance requirements; design features; and administrative controls will be developed on a case-by-case basis.

10 CFR Section 50.36a, Technical specifications on effluents from nuclear power reactors, contains provisions for nuclear power reactors to establish and maintain operating procedures and technical specifications to keep releases of radioactive materials to unrestricted areas during normal conditions, including expected occurrences, as low as is reasonably achievable.

These provisions include annual reporting requirements to specify the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required to estimate maximum potential annual radiation doses to the public resulting from effluent releases.

10 CFR Section 50.36(c)(5), Administrative controls, states that administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner. The particular administrative controls to be included in the TS are the provisions that the Commission deems essential for the safe operation of the facility that are not already covered by other regulations. Accordingly, the NRC staff has determined (see discussion of NRC Administrative Letter (AL) 95-06, Relocation of Technical Specification Administrative Controls Related to Quality Assurance (Reference 14), below), that administrative control requirements that are not specifically identified under Section 50.36(c)(5), and are not otherwise necessary to obviate the possibility of an abnormal situation or an event giving rise to an immediate threat to the public health and safety, may be relocated to more appropriate documents (e.g., the Quality Assurance [QA] Program, Licensee Controlled Procedures, Physical Security Plan, or Emergency Plan [EP]), which are subject to their own regulatory controls, such as 10 CFR 50.54(a) for QA programs and 10 CFR Section 50.59, Changes, tests, and experiments. Similarly, while the required content of TS administrative controls is specified in 10 CFR Section 50.36(c)(5), the particular details of these controls may be relocated to other licensee-controlled documents, where the 10 CFR Section 50.59 change evaluation process ensures that adequate regulatory controls are in place.

The regulations in 10 CFR Part 50, Appendix B, Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, establish requirements for NRC-approved QA plans; a QA program change control process is established in 10 CFR Section 50.54(a). NRC AL 95-06 provides guidance to licensees requesting amendments that relocate administrative controls to NRC-approved QA program descriptions, where subsequent changes are controlled pursuant to 10 CFR Section 50.54(a). NRC AL 95-06 provides specific guidance in the areas of:

(1) independent safety engineering groups, (2) reviews and audits, (3) procedure review process, and (4) records and record retention. Some of the TS relocations requested by NEDA as part of the establishment of ISFSI-Only PDTS for DAEC are specifically discussed in NRC AL 95-06, while others are similar in nature to those discussed in the AL. Relocations not specifically discussed in NRC AL 95-06 are evaluated with respect to the appropriateness of the relocation.

In addition, NRC AL 95-06 states that for the procedure review process, TS administrative controls relocation should be to a QA plan that contains a commitment to process procedures and procedure changes in accordance with an accepted technical standard. The NRC staff determined that relocation of site-specific DAEC PDTS requirements regarding the establishment, implementation and maintenance of procedures to the QA plan remains acceptable because the change control process of 10 CFR Section 50.54(a) will govern any future changes to these requirements, as described in NRC AL 95-06.

3.0 TECHNICAL EVALUATION

The NRC staff has reviewed the licensees regulatory and technical analyses in support of its proposed ISFSI-Only PDTS changes, as described in the application dated February 19, 2021.

The proposed amendment deletes the portions of the DAEC PDTS that are no longer applicable to a permanently defueled facility with all irradiated fuel in dry storage within an ISFSI, while modifying the remaining portions to correspond to the permanently defueled condition.

3.1 Background

The DAEC has been shut down since August 2020. NEDA submitted certifications for permanent cessation of reactor operations at DAEC and permanent removal of fuel from the DAEC reactor vessel in August 2020 and October 2020, respectively. NEDA is authorized to possess, and store irradiated nuclear fuel at the permanently shutdown and defueled DAEC facility. After the DAEC reactor was shut down, all fuel assemblies were removed from the reactor vessel and placed in the DAEC SFP. The licensee is currently in the process of transferring the remaining fuel from the DAEC SFP to the onsite ISFSI. After all the irradiated fuel has been transferred from the SFP to the DAEC ISFSI, many of the requirements in the current PDTS are inapplicable or are no longer appropriate.

In addition, on April 25, 2017 (Reference 15), the NRC approved Amendment 14 to standardized Certificate of Compliance (CoC) No. 1004 for the AREVA TN Americas' NUHOMS Spent Fuel Storage Casks. The NUHOMS casks are being used by DAEC to store spent fuel in the onsite ISFSI. The 2017 revision to the CoC deleted the requirement to maintain the ability to return spent fuel to the SFP for inspection. With the approval of the CoC amendment, there is no longer a requirement to return spent fuel to the SFP, and therefore no need to maintain an SFP at sites that have been permanently shutdown and defueled, with all fuel moved to dry storage. The licensee has proposed multiple changes to the DAEC PDTS to reflect this change in the requirements for spent fuel storage once all fuel assemblies have been moved to the DAEC ISFSI, which is expected to occur by mid-2022.

In its application dated February 19, 2021, NEDA requested that the NRC review and approve the proposed ISFSI-Only PDTS for DAEC. The proposed amendment would modify the DAEC Renewed Facility Operating License and current PDTS to reflect the condition of all irradiated fuel being in dry storage within the onsite ISFSI at DAEC, using casks certified for use under a general license issued in accordance with 10 CFR Part 72, Licensing-Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste. The amendment would also revise the DAEC PDTS to eliminate operational requirements, as well as certain design requirements involving storage of spent fuel, that will no longer be applicable following the transfer of the last spent fuel assembly from the SFP to the ISFSI.

In addition, a new PDTS design requirement is proposed to prohibit storage of spent fuel in the DAEC SFP. This change would align the proposed license amendment with the proposed DAEC ISFSI-Only EP and the proposed DAEC ISFSI-Only Security Plan, which are predicated on completion of the offload of spent fuel from the SFP and transfer to the ISFSI. This will also align with the conditions of the AREVA NUHOMS CoC No. 1004, Amendment 14, to no longer require spent fuel to be returned to the SFP.

The proposed changes to the PDTS also involve relocating administrative requirements to either the DAEC QATR or other licensee-controlled documents, and subsequently controlling them in accordance with 10 CFR Section 50.54(a), 10 CFR Section 50.71(e), and 10 CFR Section 50.59, as applicable. This relocation is being proposed pursuant to the criteria contained in 10 CFR Section 50.36 and in accordance with the recommendations contained in NRC AL 95-06.

The existing PDTS contain LCOs that provide for appropriate functional capability of equipment required for safe storage and management of irradiated fuel located in the SFP. As such, the existing PDTS provide a level of control in excess of that needed for safe storage and management of irradiated fuel with all fuel stored in an ISFSI. The majority of the existing PDTS are only applicable when irradiated fuel assemblies are within the SFP. Once all spent fuel assemblies have been transferred to the DAEC ISFSI, all remaining LCOs (and associated SRs) will no longer be applicable and are being proposed for deletion by the licensee.

In addition, after all spent fuel assemblies have been transferred to the ISFSI, there are no longer any SSCs at DAEC that are relied upon for accident mitigation. Therefore, with no fuel stored in the SFP, none of the SSCs at DAEC meet the definition of a safety-related SSC as stated in 10 CFR Section 50.2, Definitions. Since there are no accident scenarios that apply to the condition with all spent fuel stored in dry casks within an ISFSI, no analyzed accidents associated with the storage of fuel will remain applicable to DAEC once all the spent fuel is stored in dry casks. In a permanently defueled condition with all spent fuel in storage within an ISFSI, the scope of equipment and parameters that need be included in the DAEC PDTS is limited to a description of the design features and high radiation area administrative controls.

Therefore, the proposed changes modify the scope of the DAEC PDTS to reflect the reduced scope of SSCs necessary to ensure plant safety with all spent fuel in dry cask storage within the ISFSI. As discussed in the submittal, the remaining design basis accidents and transients analyzed in Chapter 15 of the DAEC Updated Final Safety Analysis Report (UFSAR) are either (1) no longer applicable for the condition where all spent nuclear fuel has been transferred to dry cask storage within an ISFSI, or (2) do not rely on SSCs or parameter limits described in the current PDTS. Each of the proposed changes is evaluated based on the premise that the changes will not take effect until after all the spent nuclear fuel has been transferred to the DAEC ISFSI.

3.2 Renewed Facility Operating License Changes License Condition 2.C.(8)

The licensee proposed to eliminate License Condition 2.C.(8) for DAEC related to the reactor building crane. License Condition 2.C.(8) relates to deletion of a footnote in the DAEC UFSAR which states that the NRC has not endorsed the reactor building crane as single-failure proof, and deletion of the associated UFSAR reference. In 1985, NEDA modified the reactor building crane to incorporate a single-failure-proof design such that it could be used for spent fuel cask loading operations in the SFP. The NRC issued this license condition on May 16, 2003 (Reference 16), to reflect endorsement of the reactor building crane as single-failure proof.

However, once all spent fuel is removed from the DAEC SFP and stored within the onsite ISFSI, spent fuel cask loading operations in the reactor building will no longer be necessary. A spent fuel pool is not necessary or required once spent fuel is placed in dry storage. Therefore, after the final spent nuclear fuel assembly has been transferred out of the DAEC SFP and placed in storage within the ISFSI, the reactor building crane will no longer be required and this license condition may be deleted. On this basis, the NRC staff finds the deletion of the single-failure proof reactor building crane license condition acceptable.

License Condition 2.C.(9)

The licensee proposed to eliminate License Condition 2.C.(9) for DAEC related to mitigation strategy. License Condition 2.C.(9) requires the development and maintenance of strategies for addressing large fires and explosions which must address certain specified key areas. The NRC issued this license condition on August 9, 2007 (Reference 17), to incorporate the requirements for the Interim Compensatory Measures (ICM) Order EA-02-026, Section B.5.b mitigation strategies (Reference 18). Subsequently, 10 CFR Section 50.54(hh)(2) became effective on May 26, 2009 (74 FR 13969). The requirements in section 50.54(hh) set forth mitigation strategies and response procedure requirements for loss of large areas of the plant due to explosions or fire. However, as stated in 10 CFR Section 50.54(hh)(3), this requirement does not apply to a defueled reactor that has submitted the certification of permanent removal of fuel under 10 CFR Section 50.82(a). On November 28, 2011 (Reference 19), the NRC issued a letter that rescinded Item B.5.b of the ICM Order EA-02-26. Therefore, neither the ICM Order nor 10 CFR Section 50.54(hh) continue to apply to the decommissioning DAEC facility.

In addition, 10 CFR Section 50.155, Mitigation of beyond-design-basis events, provides guidance on mitigating capabilities at permanently shut down and defueled reactors.

Specifically, 10 CFR Section 50.155(a)(2)(iv) states that holders of operating licenses or combined licenses for which the certifications described in Section 50.82(a)(1) or Section 52.110(a) of this chapter have been submitted need not meet the requirements of this section once all irradiated fuel has been permanently removed from the spent fuel pool(s).

Therefore, because 10 CFR Section 50.155 and 10 CFR Section 50.54(hh) no longer apply to the decommissioning DAEC facility following the transfer of all SNF from the SFP to the ISFSI, and Item B.5.b of the ICM Order EA-02-26 has been rescinded, there is no longer a need for DAEC to develop and maintain mitigation strategies for addressing large fires and explosions.

On this basis, the NRC staff finds the deletion of the license condition regarding mitigation strategies acceptable.

Additional Conditions The licensee also proposed to eliminate one of the additional conditions in Appendix B of Renewed Facility Operating License No. DPR-49 related to the relocation of certain DAEC TS requirements to other licensee-controlled documents. The NRC issued this license condition on May 22, 1998 (Reference 20), upon implementation of the transition of the DAEC TS to the standard Technical Specification format of NUREG-1433, Standard Technical Specifications -

General Electric BWR/4 Plants (Reference 21). At that time, certain information that appeared in the DAEC custom TS, but was not part of the standard TS, was approved for relocation to licensee-controlled documents. NEDA has completed the relocations allowed by this license condition and the relocation allowance is no longer needed. On this basis, the NRC staff finds deletion of this license condition acceptable.

3.3 Technical Specification Changes The existing DAEC PDTS contain LCOs that provide for appropriate functional capability of equipment required for the safe storage and management of irradiated fuel stored in a SFP. As such, the existing PDTS provide a level of control in excess of that needed for safe storage and management of irradiated fuel with fuel stored in an ISFSI. The majority of the existing PDTS are only applicable when irradiated fuel assemblies are within the SFP. Once all the spent fuel assemblies have been transferred to the ISFSI, all remaining LCOs (and associated SRs) will no longer be applicable and are being proposed for deletion. The ISFSI-Only PDTS being proposed reflect the removal of all spent fuel from the DAEC SFP; in addition, a new PDTS design requirement is being added that prohibits storage of spent fuel in the SFP. The proposed changes will result in PDTS that will be applicable to DAEC after the last spent fuel assembly has been removed from the SFP and placed within the ISFSI.

Section 1.0 The licensee has proposed to delete in its entirety, as no longer needed, PDTS Section 1.0, Use and Application, which includes: Definitions, Completion Times, and Frequency. The purpose of these sections is to provide uniform interpretation of frequently used terms in the PDTS. After transfer of the spent fuel from the DAEC SFP to the ISFSI is complete, the PDTS sections that reference the frequently used terms will be eliminated or relocated. As a result of the deletion of any reference to actions, certified fuel handler, and non-certified operator; completion times; or frequency, they need not be defined or included in the PDTS. The NRC staff finds that since the terms would no longer be needed after the spent fuel has been removed from the SFP and transferred to the ISFSI, this change is administrative in nature and will not impact the continued safe storage and maintenance of spent fuel in the ISFSI. The NRC staff therefore finds it acceptable to delete Section 1.0 of the DAEC PDTS in its entirety.

Section 3.0 The licensee has proposed to delete, in their entirety, Section 3.0, Limiting Condition for Operation (LCO) Applicability, which contains LCOs that provide for appropriate functional capability of plant equipment required for the safe maintenance and storage of fuel assemblies in the SFP, and Surveillance Requirement (SR) Section 3.0, Surveillance Requirement Applicability, which establishes the standards and periodicity used to implement SRs for plant systems, from the PDTS. Removal of these sections reflects the permanent removal of spent fuel from the DAEC SFP. After the transfer of spent fuel from the SFP to the ISFSI, there will no longer be any applicable LCOs or SRs in the PDTS, and the applicable TS bases sections will also be removed. Deletion of these sections will have no impact on the continued safe storage and maintenance of irradiated fuel in the ISFSI at DAEC. The NRC staff finds that since DAEC will no longer store spent fuel in the SFP after all the fuel is transferred to the ISFSI, these sections of the PDTS may be deleted in their entirety with no impact on the requirements for spent fuel safety and storage in the ISFSI-only configuration, and the proposed deletion is therefore acceptable.

The licensee has also proposed to delete PDTS Section 3.7.8, Spent Fuel Storage Pool Water Level, which specifies the requirements to ensure that the minimum water level in the SFP is greater than or equal to 36 feet during movement of irradiated fuel assemblies in the spent fuel storage pool. The associated LCO requires suspension of movement of irradiated fuel assemblies in the spent fuel storage pool if level is not above the minimum level. The

requirements in this section are related to assuring the ability to safely store spent fuel in the SFP. Following the transfer of all spent fuel to the ISFSI, the SFP will no longer be used for spent fuel storage. Additionally, as discussed below, the licensee is adding a limitation in the DAEC PDTS which prohibits storage of spent fuel in the SFP. With spent fuel storage no longer allowed in the SFP, the specifications included in PDTS Section 3.7.8 are no longer needed for the safe storage of spent fuel, so the proposed deletion is acceptable.

Section 4.0 The licensee has proposed to modify PDTS Section 4.1, Site Location, to update the figure references for the site plan to refer to the Defueled Safety Analysis Report (DSAR) instead of the UFSAR. The final sentence of this section will now state: The plan of the site is shown on DSAR Figures 1-1 and 1-2; the figures themselves will not change. This change is administrative in nature to reflect the current DAEC documentation and is acceptable.

The licensee has also proposed to modify PDTS Section 4.3, Fuel Storage, which currently provides a description and requirements regarding prevention of criticality of spent fuel in the SFP storage racks, prevention of SFP drainage, and spent fuel capacity limitations, to reflect the condition of permanent removal of spent fuel from the SFP. Specifically, the licensee has proposed the replacement of the contents of PDTS 4.3 with the statement: Spent fuel shall not be stored in the spent fuel pool. Section 4.3 would be revised to reflect that there will no longer be any fuel assemblies in the SFP, and no need for the associated PDTS requirements, as well as deleting the associated SFP design references. A new design feature will be added stating that spent fuel shall not be stored in the SFP. This new design feature would document the premise on which the proposed amendment is based (i.e., that spent fuel will no longer be stored in the SFP). The NRC staff finds that the removal or change of these design feature descriptions will have no impact on the requirements for spent fuel safety and storage in the ISFSI-only configuration, and the proposed deletion is therefore acceptable.

Section 5.0 Section 5.0, Administrative Controls, of the DAEC PDTS establishes the requirements associated with personnel, administrative programs and procedures, and reporting requirements. The licensee has proposed to revise this section of the PDTS to include only those administrative requirements needed when all of the spent fuel is in the ISFSI. Therefore, all of the sections in PDTS Section 5.0, with the exception of Section 5.7, High Radiation Area, are being deleted in their entirety, with the pertinent information relocated to the DAEC QATR.

NRC AL 95-06 provides a discussion concerning the relocation of TS administrative controls to a QA program. The relocation of these requirements to the QA program is considered acceptable because of the controls imposed by Appendix B to 10 CFR Part 50, the existence of an NRC approved QA program, and the QA program change control process in 10 CFR Section 50.54(a). When these administrative controls are incorporated into the DAEC QATR, any future changes would be controlled in accordance with 10 CFR 50.54(a). This provides adequate administrative controls for the facility when all spent fuel is located within the ISFSI.

Specifically, the licensee proposed to eliminate Section 5.1, Responsibility, which provides a description of requirements for the plant manager and the operations shift manager. The responsibilities of the plant manager will be deleted from the PDTS and relocated verbatim to the DAEC QATR, with the exception that references to the plant manager position will be revised to manager responsible for overall operational activities in order to conform to the description of the corresponding management position in the existing QATR.

The shift manager responsibilities are being eliminated. With removal of all of the spent fuel from the SFP, the need for a shift manager for spent fuel management no longer exists. The position of shift manager is a holdover from supervising multiple functions at an operating nuclear power plant. With the limited requirements for supervision of the passive fuel storage at the ISFSI, or with respect to the decommissioning of the former power generation facility, the shift manager position and the shift command function are no longer required. Since this change is administrative in nature and consistent with the level of responsibilities when all of the spent fuel is stored in the DAEC ISFSI, the NRC staff finds it acceptable.

The licensee proposed to eliminate most and relocate some of the requirements in Section 5.2, Organization, to the QATR. Section 5.2 provides a description of, and requirements for, onsite and offsite organizations and facility staffing, includes lines of authority and staff responsibilities, and specifies requirements for fuel handling operations and supervision.

Section 5.2.1, Onsite and Offsite Organization, establishes the requirements for plant lines of authority, responsibilities, and requirements for organizational freedom for certain personnel including those performing health physics or quality assurance functions. Section 5.2.1(d) provides requirements for organizational freedom of the Certified Fuel Handler (CFH) trainers, and the health physics and QA personnel. DAEC proposed to eliminate the portion of Section 5.2.1(d) pertaining to CFH trainers. The remainder of Section 5.2.1 will be deleted from the PDTS and relocated to the QATR to provide an equivalent description of the requirements for organizational freedom of the health physics and QA personnel.

Section 5.2.2, Facility Staff, establishes the requirements for personnel required at the plant to assure safe facility operation and the safety of the nuclear fuel. This section provided for adequate staff to ensure the safe storage and movement of fuel, including an individual qualified in radiation protection procedures. The DAEC QATR address the necessary organizational requirements for DAEC after all spent fuel has been transferred to ISFSI. Following the transfer of all spent fuel to the ISFSI, and the new provision in Section 4.3 of the DAEC PDTS prohibiting storage of fuel in the SFP, there will no longer be a need for CFHs or the other specified personnel requirements in this section. As explained above, a spent fuel pool is not necessary or required once all of the spent fuel is placed in dry storage.

After implementation of the DAEC ISFSI-Only PDTS, storage of spent fuel in the SFP will be prohibited; accordingly, there will no longer be a need for many of the personnel described in Section 5.2, or the associated training programs. As discussed above, a spent fuel pool is not necessary or required once the spent fuel is placed in dry storage. Relocating the remaining responsibilities to the QATR is consistent with NRC AL 95-06. Therefore, the proposed deletions and relocations to the QATR of the PDTS Section 5.2 requirements will have no impact on safe storage and maintenance of spent fuel in the ISFSI and are therefore acceptable.

Section 5.3, Facility Staff Qualifications, establishes the minimum requirements for staff qualification. American National Standards Institute (ANSI) Standard N18.1-1971, Selection and Training of Nuclear Power Plant Personnel, contains the minimum requirements associated with facility staff qualifications. The licensee proposed to eliminate Section 5.3.1 entirely from the PDTS and relocate it to the QATR to provide an equivalent description of the staff qualification requirements. Relocating these requirements to the DAEC QATR is consistent with NRC AL 95-06, and is therefore acceptable.

The licensee also proposed to delete PDTS 5.3.2, which specifies requirements for a CFH training program. The ISFSI is a passive system, and upon removal of the spent fuel from the DAEC SFP, there are no remaining spent fuel assemblies to be monitored and there are no credible spent fuel related accidents that require the actions of a CFH to prevent occurrence or mitigate the consequences of such accidents. As such, following the transfer of all spent fuel to the DAEC ISFSI, and the new PDTS Section 4.3 prohibition against storing spent fuel in the SFP, there will no longer be a need for certified fuel handlers, which obviates the need for the associated training program. Therefore, the proposed deletion of PDTS 5.3.2 is acceptable.

Section 5.4, Procedures, addresses requirements for procedures and various programs listed in certain PDTS sections. The licensee proposed to relocate the requirements of this section to the QATR, except for Section 5.4.1(d), which was previously deleted from the DAEC PDTS.

Relocating these requirements to the DAEC QATR is consistent with NRC AL 95-06, and is therefore acceptable.

The licensee proposed to eliminate most and relocate some of the requirements in Section 5.5, Programs and Manuals, to the QATR. Section 5.5 provides a description and requirements regarding programs and manuals that are to be established, implemented, and maintained.

Section 5.5.1, Offsite Dose Assessment Manual, specifies how to document, review, and approve changes to the Offsite Dose Assessment Manual (ODAM). The licensee proposed to delete these requirements from the PDTS and relocate them to the DAEC QATR. After the administrative controls are incorporated into the QATR, any future changes will be controlled in accordance with 10 CFR Section 50.54(a). This will provide adequate control for the facility with all spent fuel located within the ISFSI. The relocation of these administrative requirements to the QATR is consistent with NRC AL 95-06 and will have no impact on the safe storage and maintenance of spent fuel in the ISFSI.

However, the references to PDTS Section 5.6.2, which will be deleted as part of the proposed ISFSI-Only PDTS, will not be transferred to the QATR because it is being eliminated from the PDTS. Because the intent of this section is to ensure that the ODAM continues to meet the requirements of 40 CFR Part 190, Environmental Radiation Protection Standards for Nuclear Power Operations, 10 CFR Part 20, Standards for Protection Against Radiation, 10 CFR Section 50.36a, Technical Specifications on Effluents from Nuclear Power Reactors, and 10 CFR Part 50, Appendix I, Numerical Guides for Design Objectives and Limiting Conditions for Operation to Meet the Criterion As Low as is Reasonably Achievable for Radioactive Material in Light-Water-Cooled Nuclear Power Reactor Effluents, and because these requirements will be maintained in the DAEC QATR, the relocated requirements will continue to be subject to adequate regulatory controls. Therefore, the proposed relocation of the requirements in this section are acceptable.

References to PDTS Section 5.6.3 will not be deleted from the TS, as originally requested by the licensee; these will be retained, in accordance with the licensees letter of January 3, 2022 (ADAMS Accession No. ML22004A012), submitted in response to the NRC staffs email on December 15, 2021 (ADAMS Accession No. ML22005A202). PDTS Section 5.6.3 establishes a requirement for a Radioactive Material Release Report.

Section 5.5.4, Radioactive Effluent Controls Program, specifies the requirements for the program to control radioactive effluents, and for maintaining doses to the public to within the specified limits. DAEC proposed to relocate these radioactive effluent control and public dose requirements to the QATR with the following exceptions:

References to iodine-131 and iodine-133 in PDTS Section 5.5.4.g.2 and Section 5.5.4.i will not be relocated to the DAEC QATR due to the radioactive decay and short half-lives (approximately 8 days and 20.83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br />, respectively) and time since permanent cessation of reactor operation. This is consistent with changes to the DAEC QATR previously implemented under 10 CFR 50.59.

PDTS Section 5.5.4.g.1 and Section 5.5.4.h will not be relocated to the DAEC QATR since after all spent fuel is transferred to the ISFSI and contained within dry storage casks, there will no longer be a requirement to monitor for noble gases released from the facility. This is consistent with changes to the DAEC QATR previously implemented under 10 CFR Section 50.59.

The remaining requirements for a Radioactive Effluent Controls Program will be maintained in accordance with 10 CFR Section 50.54(a). Since the intent of this section is to ensure that the Radioactive Effluent Controls Program continues to meet the requirements of 40 CFR Part 190, 10 CFR Part 20, 10 CFR Section 50.36(a), and 10 CFR Part 50, Appendix I, and because these requirements will be maintained in the QATR, the relocated requirements will continue to be subject to adequate regulatory controls. Therefore, the proposed deletions and relocations of the requirements in this section are acceptable.

Section 5.5.8, Storage Tank Radioactivity Monitoring Program, currently provides controls for the quantity of radioactivity contained in unprotected outdoor liquid storage tanks. DAEC proposed to delete these requirements from the PDTS and relocate them to the DAEC Technical Requirements Manual (TRM), except for the last sentence, which states that the provisions of SR 3.0.2 and SR 3.0.3 are applicable to the Storage Tank Radioactivity Monitoring Program surveillance frequencies. This sentence will be deleted from the PDTS and will not be relocated to the TRM because SR 3.0.2 and SR 3.0.3 are being deleted, as described above.

The requirement for a Storage Tank Radioactivity Monitoring Program will be maintained in accordance with 10 CFR Section 50.59. Since this requirement will be maintained in the TRM, the relocated requirement will continue to be subject to adequate regulatory controls. This change is consistent with similar relocations of former TS requirements into a TRM.

Section 5.5.10, Technical Specifications (TS) Bases Control Program, Section 5.5.14, Surveillance Frequency Control Program, and Section 5.5.15, Spent Fuel Pool Neutron Absorber Monitoring Program, are all proposed for deletion. DAEC PDTS Section 5.5.2, Section 5.5.3, Section 5.5.5, Section 5.5.6, Section 5.5.7, Section 5.5.9, Section 5.5.11, Section 5.5.12, and Section 5.5.13 were deleted in previous amendments to the PDTS.

Section 5.5.10 establishes the requirements to update and maintain the basis for the DAEC TSs. Currently, the TS bases are all related to storage of spent fuel in the SFP; specifically, the bases relate to SFP requirements in Section 4.3 of the current PDTS, which are being deleted as described above. Following transfer of all spent fuel to the ISFSI, the SFP will no longer be used for spent fuel storage. All of the bases in the existing PDTS are being eliminated with the proposed changes to the corresponding sections. Because the TS bases will be deleted, there will no longer be a need for a TS bases control program. The removal of this section will not reduce the effectiveness of the DAEC ISFSI-Only PDTS. Therefore, the proposed deletion of these requirements is acceptable.

Section 5.5.14 describes the Surveillance Frequency Control Program (SFCP), which ensures that SRs specified in the PDTS are performed at intervals sufficient to assure the associated LCOs are met. The program allows changes to surveillance frequencies to be made in accordance with the Nuclear Energy Institute (NEI) Industry Guidance Document NEI 04-10, Risk Informed Method for Control of Surveillance Frequencies, Revision 1 (Reference 22). As described above, once all spent fuel has been removed from the DAEC SFP and stored within the ISFSI, the PDTS will not contain any LCOs or SRs. Therefore, the ability to change surveillance frequencies in accordance with the SFCP is no longer needed. The removal of this section will not reduce the effectiveness of the ISFSI-Only PDTS. Therefore, the proposed deletion of these requirements is acceptable.

Section 5.5.15 describes the routine monitoring and actions required to ensure that the condition of Boral in the SFP racks maintains the attenuation capability described in the criticality safety analysis. The purpose is to maintain any spent fuel in the SFP racks in a subcritical condition. Once all the spent fuel has been removed from the DAEC SFP and stored within the ISFSI, the potential for criticality in the SFP is eliminated. The removal of this section will not reduce the effectiveness of the ISFSI-Only PDTS. Therefore, the proposed deletion of these requirements is acceptable.

After implementation of the DAEC ISFSI-Only PDTS, storage of spent fuel in the SFP will be prohibited; accordingly, there will no longer be a need for many of the programs and requirements described in Section 5.5. Relocating the remaining responsibilities to the QATR is consistent with NRC AL 95-06. Therefore, the proposed deletions and relocations to the QATR of the PDTS Section 5.5 requirements will have no impact on safe storage and maintenance of spent fuel in the ISFSI and are therefore acceptable.

Section 5.6, Reporting Requirements, provides a description of and requirements for reports that are to be submitted in accordance with 10 CFR Section 50.4, Written communications.

The licensee proposed to delete this section from the PDTS and relocate the requirements for the Annual Radiological Environmental Operating Report and the Radioactive Material Release Report verbatim to the DAEC QATR. After these administrative controls are incorporated into the QATR, any future changes will be controlled in accordance with 10 CFR Section 50.54(a).

The relocation of administrative controls for reporting requirements to the QATR is consistent with NRC AL 95-06, will have no impact on safe storage and maintenance of spent fuel in the DAEC ISFSI, and it is therefore acceptable.

The licensee has proposed to retain Section 5.7, High Radiation Area, which provides a description and requirements regarding controls applied to high radiation areas in place of the controls required by 10 CFR Section 20.1601(a) and (b) (as provided in 10 CFR Section 20.1601(c)), because the requirements will remain applicable with all spent fuel stored in the DAEC ISFSI. The licensee will repaginate Section 5.7 to begin on Page 5.0-1 with no additional changes. This repagination is editorial in nature and is acceptable.

3.4 Conclusion Based on the NRC staffs review of the proposed DAEC ISFSI-Only PDTS, as described above, the NRC staff concludes that the requirements of 10 CFR Section 50.36, pertaining to the prevention of accidents and the mitigation of accident consequences, are addressed in a satisfactory manner, considering the permanently shutdown and defueled status of the facility, and the proposed transfer of all remaining spent fuel from the DAEC SFP to the onsite ISFSI by mid-2022. Accordingly, the NRC staff concludes that the proposed LAR is acceptable.

4.0 ENVIRONMENTAL CONSIDERATION

The amendment to the DAEC renewed facility operating license and PDTS includes changes to requirements with respect to installation or use of a facility component located within the protected area, changes to surveillance requirements, and changes to recordkeeping, reporting, or administrative procedures or requirements. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, as published in the Federal Register on April 20, 2021 (86 FR 20526), and there have been no public comments on this finding. Accordingly, the DAEC ISFSI-Only PDTS amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR Section 51.22 (c)(9) and 10 CFR Section 51.22(c)(10)(ii). Therefore, pursuant to 10 CFR Section 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

5.0 STATE CONSULTATION

In accordance with the Commissions regulations, on June 18, 2021, the NRC staff notified the State of Iowa official, Ms. Angela Leek, CHP, Chief, Bureau of Radiological Health, Iowa Department of Public Health, regarding the proposed changes to the DAEC PDTS to reflect the transfer of all spent fuel into dry cask storage at the ISFSI, and the NRC staffs intent to approve the DAEC ISFSI-Only PDTS via license amendment. The state official had no comments (ADAMS Accession No. ML22007A310).

6.0 CONCLUSION

Based on the NRC staffs review of the licensees application dated February 19, 2021, as supplemented on January 3, 2022, and the proposed changes to the DAEC Renewed Facility Operating License and PDTS to reflect the removal of all spent nuclear fuel from the DAEC SFP and transfer to dry cask storage in an onsite ISFSI, the NRC staff finds that the proposed changes meet the standards in 10 CFR Section 50.36. Further, the changes proposed by this license amendment request will delete requirements that will no longer be applicable following

the transfer of all spent nuclear fuel to the DAEC ISFSI, as well as relocate administrative controls to licensee-controlled programs in a manner consistent with NRC Administrative Letter 95-06. On the basis of its review, the NRC staff concludes that the licensees request adequately addresses the applicable regulatory safety requirements for a permanently shutdown nuclear power facility with all spent nuclear fuel transferred to dry cask storage in an ISFSI. Therefore, the NRC staff concludes that the licensees proposed DAEC ISFSI-Only PDTS is acceptable.

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) issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

7.0 REFERENCES

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Issuance of Amendment Regarding Rector Building Crane (TAC No. MB8003), dated May 16, 2003 (ADAMS Accession No. ML030990041).

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Supplement Information to Technical Specification Amendment Application, dated January 3, 2022 (ADAMS Accession No. ML22004A012 [Pkg]).

Principal Contributor: Marlayna Doell, NMSS Date of Issuance: January 21, 2022

Ltr ML21172A217

  • via email NMSS/DUWP OGC/GCHA OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB

/LLWPB /AGCOR/NLO*

NAME MDoell MD ASnyder AS STurk ST BWatson BW DATE Aug 1, 2021 Jan 6, 2022 Jan 20, 2022 Jan 20, 2022 OFFICE NMSS/DUWP/RDB NAME KConway KC DATE Jan 21, 2022

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