ML22152A150
| ML22152A150 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/21/2022 |
| From: | Samson Lee Plant Licensing Branch IV |
| To: | Welsch J Pacific Gas & Electric Co |
| Lee S, 301-415-3158 | |
| References | |
| EPID L-2020-LLA-0261 | |
| Download: ML22152A150 (8) | |
Text
June 21, 2022 Ms. Paula Gerfen Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424
SUBJECT:
DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2 - REQUEST FOR ADDITIONAL INFORMATION REGARDING LICENSE AMENDMENT REQUEST FOR TECHNICAL SPECIFICATIONS AND REVISED LICENSE CONDITIONS FOR THE PERMANENTLY DEFUELED CONDITION (EPID L-2020-LLA-0261)
Dear Ms. Gerfen:
On November 27, 2018, Pacific Gas and Electric Company (the licensee) notified the U.S.
Nuclear Regulatory Commission (NRC) that it would permanently cease power operations at Diablo Canyon Nuclear Power Plant (Diablo Canyon), Units 1 and 2, upon expiration of the facility operating licenses (FOLs) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18331A553). The FOL for Diablo Canyon, Unit 1, expires on November 2, 2024, and the FOL for Diablo Canyon, Unit 2, expires on August 26, 2025. Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessels for Diablo Canyon, Units 1 and 2, in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Sections 50.82(a)(1)(i) and (ii), the 10 CFR Part 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels in accordance with 10 CFR 50.82(a)(2).
By application dated December 3, 2020 (ML20338A546), as supplemented by letters dated April 1, 2021, May 13, 2021, and January 13, 2022 (ML21091A069, ML21133A300, and ML22013B278, respectively), the licensee requested changes to the license, including the technical specifications (TSs) and additional conditions (appendices A and D, respectively, to FOL Nos. DPR-80 and DPR-82) for Diablo Canyon, Units 1 and 2. The proposed amendments would revise the FOLs, including appendix A, TSs, and appendix D, Additional Conditions, to reflect the permanent cessation of reactor operation and editorial corrections.
The NRC staff has reviewed the submittals and determined that additional information is needed to complete its review. The specific questions are found in the enclosed request for additional information (RAI). The licensee staff indicated that a telephone clarification call was not necessary and a response to the RAI would be provided by July 21, 2022.
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
If you have questions, please contact me at 301-415-3168 or via email at Samson.Lee@nrc.gov.
Sincerely,
/RA/
Samson S. Lee, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323
Enclosure:
Request for Additional Information cc: Listserv
Enclosure REQUEST FOR ADDITIONAL INFORMATION LICENSE AMENDMENT REQUEST FOR TECHNICAL SPECIFICATIONS AND REVISED LICENSE CONDITIONS FOR THE PERMANENTLY DEFUELED CONDITION PACIFIC GAS AND ELECTRIC COMPANY DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2 DOCKET NOS. 50-275 AND 50-323 On November 27, 2018, Pacific Gas and Electric Company (PG&E, the licensee) notified the U.S. Nuclear Regulatory Commission (NRC, the Commission) that it would permanently cease power operations at Diablo Canyon Nuclear Power Plant (Diablo Canyon), Units 1 and 2, upon expiration of the facility operating licenses (FOLs) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18331A553). The FOL for Diablo Canyon, Unit 1, expires on November 2, 2024, and the FOL for Diablo Canyon, Unit 2, expires on August 26, 2025. Upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessels for Diablo Canyon, Units 1 and 2, in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Sections 50.82(a)(1)(i) and (ii), the 10 CFR Part 50 licenses will no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels in accordance with 10 CFR 50.82(a)(2).
By application dated December 3, 2020 (ML20338A546), as supplemented by letters dated April 1, 2021, May 13, 2021, and January 13, 2022 (ML21091A069, ML21133A300, and ML22013B278, respectively), the licensee requested changes to the license, including the technical specifications (TSs) and additional conditions (appendices A and D, respectively, to FOL Nos. DPR-80 and DPR-82) for the Diablo Canyon, Units 1 and 2. The proposed amendments would revise the FOLs, including TSs and appendices A and D, to reflect the permanent cessation of reactor operation and editorial corrections.
The NRC staff reviewed the license amendment request (LAR), as supplemented, and determined that additional information is needed to complete its review. The NRC staffs request for additional information (RAI) is listed below.
RAI-DORL-01 Applicable Regulation The regulations in 10 CFR 50.2, Definitions, state, in part:
License means a license, including a construction permit or operating license under this part The regulations in 10 CFR 50.51, Continuation of license, state, in part:
(b)
Each license for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission
notifies the licensee in writing that the license is terminated. During such period of continued effectiveness, the licensee shall -
(1)
Take actions necessary to decommission and decontaminate the facility and continue to maintain the facility, including, where applicable, the storage, control and maintenance of the spent fuel, in a safe condition, and (2)
Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific 10 CFR part 50 license for the facility.
Issue On November 2, 1984, and August 26, 1985, the NRC issued operating licenses for Diablo Canyon, Units 1 and 2, respectively, in accordance with 10 CFR Part 50. In accordance with 10 CFR 50.82(a)(2), upon docketing of the licensees certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR Part 50 license no longer authorizes operation of the reactor or emplacement or retention of the fuel in the reactor vessel. The LAR, as supplemented, proposes changes to the license to reflect the permanent shutdown of the facility. These changes include removing the word operating from the Diablo Canyon licenses when the word appears in facility operating license or operating license.
However, docketing of the certifications under 10 CFR 50.82(a)(2) does not change the form of the licenseunder 10 CFR 50.51(b), the operating license continues in effect until the Commission notifies the licensee in writing that the license is terminated. Therefore, Diablo Canyon would continue to have facility operating licenses in accordance with 10 CFR Part 50.
The NRC staff recognizes that there have been prior cases for other facilities where it authorized removing the word operating from the license when the word appeared in facility operating license or operating license. However, the license is still an operating license, and there are regulations that apply specifically to operating license, not a generic facility license.
To ensure clarity regarding the applicability of such regulations and the nature of the license itself, the term operating should remain when facility operating license or operating license is used.
Request Provide a regulatory justification for removing the word operating when it appears in the phrases facility operating license or operating license in the following portions of the Diablo Canyon licenses; or confirm that these requested changes are no longer applicable and are withdrawn:
License Title License Finding 1.D License Finding 1.E License Finding 1.H License Condition 2
RAI-DORL-02 Applicable Regulation The regulations in 10 CFR 50.57, Issuance of operating license, state, in part:
(a)
Pursuant to § 50.56, an operating license may be issued by the Commission, up to the full term authorized by § 50.51, upon finding that:
(2)
The facility will operate in conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and The regulations in 10 CFR 50.92, Issuance of amendment, state, in part:
(a)
In determining whether an amendment to a license, construction permit, or early site permit will be issued to the applicant, the Commission will be guided by the considerations which govern the issuance of initial licenses, construction permits, or early site permits to the extent applicable and appropriate.
Issue Currently, License Finding 1.C for Diablo Canyon, Units 1 and 2, reads:
The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission, except as exempted from compliance in Section 2.D below; The licensee proposes License Finding 1.C to read:
The facility will be maintained in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission; License Finding 1.C is an NRC finding, not a license condition, and the wording reflects the finding required by 10 CFR 50.57(a)(2) that the NRC made when issuing the operating license.
Thus, when the operating license was issued, the current language in License Finding 1.C was designed to mirror the language of 10 CFR 50.57(a)(2). When issuing amendments, the NRC staff uses the same 10 CFR 50.57(a)(2) language since 10 CFR 50.92(a) requires the NRC staff to be guided by the considerations which govern the issuance of initial licenses to the extent applicable and appropriate.
The NRC staff recognizes that there have been prior cases for other facilities where it authorized changing the pertinent finding language from will operate to will be maintained.
However, even though operation of the reactor will not be allowed after the 10 CFR 50.82(a) certifications are docketed, the facility will operate language in 10 CFR 50.57(a)(2) is still applicable and appropriate since this language can refer to operation of the facilitys structures, systems, and components during decommissioning. This position was explained in the recently published proposed rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (87 FR 12254; March 3, 2022) on page 12297.
The NRC staff also recognizes that there may be a desire to ensure that it is absolutely clear that operation of the reactor is not allowed after the 10 CFR 50.82(a) certifications. While the regulations already make this clear, this clarity could also be added to the licenses. For example, at an appropriate location in the FOLs, a factual footnote could be added to say: In accordance with 10 CFR 50.82(a)(2), the Pacific Gas and Electric Company is no longer authorized to operate the reactor or emplace or retain fuel in the reactor vessel because the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel have been docketed.
Request Provide a regulatory justification for changing the wording of License Finding 1.C from will operate to will be maintained, or confirm that this specific License Finding 1.C change request is no longer applicable and is withdrawn. In addition, the licensee has an option to propose a factual footnote, at an appropriate location in the FOLs, to clarify that operation of the reactor is not allowed after the 50.82(a) certifications.
RAI-DORL-03 Applicable Regulation The regulations in 10 CFR 50.34, Contents of applications; technical information, state, in part:
(b)
Final safety analysis report. Each application for an operating license shall include a final safety analysis report. The final safety analysis report shall include information that describes the facility, presents the design bases and the limits on its operation, and presents a safety analysis of the structures, systems, and components and the facility as a whole, and The regulations in 10 CFR 50.71, Maintenance of records, making of reports, state, in part:
(e)
Each person licensed to operate a nuclear power reactor under the provisions of § 50.21 or § 50.22, and each applicant for a combined license under part 52 of this chapter, shall update periodically, as provided in paragraphs (e) (3) and (4) of this section, the final safety analysis report (FSAR) originally submitted as part of the application for the license, to assure that the information included in the report contains the latest information developed....
(4) For nuclear power reactor facilities that have submitted the certifications required by § 50.82(a)(1), subsequent revisions must be filed every 24 months.
The regulations in 10 CFR 50.59, Changes, tests, and experiments, state, in part:
(a)
Definitions for the purposes of this section:
(4) Final Safety Analysis Report (as updated) means the Final Safety Analysis Report (or Final Hazards Summary Report) submitted in accordance with § 50.34, as amended and supplemented, and as
updated per the requirements of § 50.71(e) or § 50.71(f), as applicable.
(b) This section applies to each holder of an operating license issued under this part or a combined license issued under part 52 of this chapter, including the holder of a license authorizing operation of a nuclear power reactor that has submitted the certification of permanent cessation of operations required under § 50.82(a)(1) or § 50.110 or a reactor licensee whose license has been amended to allow possession of nuclear fuel but not operation of the facility.
Issue The licensee proposes to change from Final Safety Analysis Report (FSAR) to Defueled Safety Analysis Report (DSAR). However, FSAR is the correct regulatory term, and as the NRC staff indicated in its RAI dated April 14, 2021, the FSAR and corresponding FSAR requirements extend into the decommissioning period.
The NRC staff recognizes that there have been prior cases for other facilities where it authorized changing the term from FSAR to DSAR. However, FSAR is the correct regulatory term, and there are regulations that apply specifically to the FSAR, not a DSAR. To ensure clarity regarding the applicability of such regulations and the nature of the FSAR itself, the term FSAR should be retained.
The NRC staff also recognizes that the licensee acknowledges in its RAI response dated May 13, 2021, that the DSAR is a retitled FSAR and that 10 CFR 50.59 and other FSAR regulations would continue to apply. Nonetheless, the license is the legally operative document and clarity should reside in that document.
Request Provide a regulatory justification for changing FSAR to DSAR in the following portions of the Diablo Canyon licenses and TSs, or confirm that these requested changes are no longer applicable and are withdrawn:
License Condition 2.A License Condition 2.B.(2)
License Condition 2.C.(13)
TS 4.3.1.1 TS 5.2.1.a TS 5.5.14
ML22152A150 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA OGC - NLO NAME SLee PBlechman MASpencer DATE 6/6/2022 6/2/2022 6/6/2022 OFFICE NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME JDixon-Herrity SLee DATE 6/7/2022 6/21/2022