ML23292A297

Table of Contents LAR (L-2023-LLA-0111)

ML23292A297
Person / Time
Site:	Perry
Issue date:	11/17/2023
From:	Scott Wall Plant Licensing Branch III
To:	Penfield R Energy Harbor Nuclear Corp
Wall S
References
EPID L-2023-LLA-0111
Download: ML23292A297 (1)

Text

November 17, 2023 Mr. Rod L. Penfield Site Vice President Energy Harbor Nuclear Corp.

Perry Nuclear Power Plant P.O. Box 97, SB306 Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT NO. 201 REGARDING REMOVAL OF TABLE OF CONTENTS FROM THE TECHNICAL SPECIFICATIONS (EPID L-2023-LLA-0111)

Dear Mr. Penfield:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 201 to Facility Operating License No. NPF-58 for Perry Nuclear Power Plant, Unit No. 1 (Perry). The amendment consists of changes to the Perry technical specifications (TSs) in response to your application dated August 7, 2023.

The amendment removes the Table of Contents from the Perry TSs and places it under licensee control.

A copy of the related Safety Evaluation is also enclosed. A Notice of Issuance will be included in the Commissions monthly Federal Register notice.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440

Enclosures:

1. Amendment No. 201 to NPF-58

2. Safety Evaluation cc: Listserv

ENERGY HARBOR NUCLEAR CORP.

ENERGY HARBOR NUCLEAR GENERATION, LLC DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 201 License No. NPF-58

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

A. The application for amendment filed by Energy Harbor Nuclear Corp., et al.,1 dated August 7, 2023, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations as 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.

1 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 Facility Operating License No. NPF-58 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 201, are hereby incorporated into the license.

Energy Harbor Nuclear Corp. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. The license amendment is effective as of its date of issuance and shall be implemented within 90 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Digitally signed by Jeffrey Jeffrey A. A. Whited Date: 2023.11.17 Whited 13:40:01 -05'00' Jeffrey A. Whited, Chief Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License No. NPF-58 and Technical Specifications Date of Issuance: November 17, 2023

ATTACHMENT TO LICENSE AMENDMENT NO. 201 PERRY NUCLEAR POWER PLANT, UNIT NO. 1 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 Facility Operating License No. NPF-58 Replace the following page of Facility Operating License No. NPF-58 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.

REMOVE INSERT Technical Specifications Remove the following pages from Appendix A, Technical Specifications. There are no associated revised pages.

REMOVE INSERT TOC i ---

TOC ii ---

TOC iii ---

TOC iv ---

C. This license shall be deemed to contain and is subject to the conditions specified in the Commissions regulations set forth in 10 CFR Chapter I 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 reactor core power levels not in excess of 3758 megawatts thermal (100% power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 201, are hereby incorporated into the license. Energy Harbor Nuclear Corp. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions

a. Energy Harbor Nuclear Generation LLC shall comply with the antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.

Amendment No. 200, 201

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 201 TO FACILITY OPERATING LICENSE NO. NPF-58 ENERGY HARBOR NUCLEAR CORP.

ENERGY HARBOR NUCLEAR GENERATION LLC PERRY NUCLEAR POWER PLANT, UNIT NO. 1 DOCKET NO. 50-440

1.0 INTRODUCTION

By letter dated August 7, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23220A044), Energy Harbor Nuclear Corp. (EHNC, the licensee) requested changes to the technical specifications (TSs) for the Perry Nuclear Power Plant, Unit No. 1 (Perry).

The proposed amendment removes the Table of Contents (TOC) from the Perry TSs and places it under licensee control.

2.0 REGULATORY EVALUATION

The U.S. Nuclear Regulatory Commission (NRC) regulatory requirements related to the content of the TSs are contained in Title 10 of the Code of Federal Regulations (10 CFR), section 50.36.

Paragraph 50.36(a)(1) requires, in part, that an application for an operating license include proposed TSs. The regulations in 10 CFR 50.36 require that the TSs include items in the following five categories: (1) safety limits, limiting safety system settings, and limiting control settings; (2) limiting conditions for operation; (3) surveillance requirements; (4) design features; and (5) administrative controls.

3.0 TECHNICAL EVALUATION

The NRC staff evaluated the licensees application to determine if the proposed changes are consistent with the regulations discussed in section 2.0 of this safety evaluation. The TOC is a list which provides information as to where (i.e., page number) specific TS sections can be found and does not contain any technical information. The NRCs regulations at 10 CFR 50.36 do not require a TOC and/or a list of effective pages to be included in the TSs. Additionally, the removal of the TOC and the effective pages list from the TSs will not affect the operation, physical configuration, or function of plant equipment or systems. The NRC staff finds that (1) the licensees proposed change to remove the TOC from the TSs as well as remove the Enclosure 2

effective pages list and transfer them to licensee control of the changes, is administrative in nature, and (2) the requirements of 10 CFR 50.36 will continue to be met. As such, the NRC staff finds that removal of the TOC from the Perry TSs is acceptable.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations, the State of Ohio official was notified of the proposed issuance of the amendment on October 19, 2023. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes requirements with respect to recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b),

no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration published in the Federal Register on September 5, 2023 (88 FR 60714), and there has been no public comment on such finding.

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

Principal Contributors: S. Wall, NRR A. Russell, NRR Date of issuance: November 17, 2023

R. Penfield

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT NO. 201 REGARDING REMOVAL OF TABLE OF CONTENTS FROM THE TECHNICAL SPECIFICATIONS (EPID L-2023-LLA-0111)

DATED NOVEMBER 17, 2023 DISTRIBUTION:

Public RidsNrrDssStsb Resource PM File Copy RidsNrrLASRohrer Resource RidsNrrPMPerry Resource RidsNrrLAABaxter Resource RidsACRS_MailCTR Resource RidsNrrLASLent Resource RidsNrrDorlLpl3 Resource ARussell, NRR RidsRgn3MailCenter Resource Accession No.: ML23292A297 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DSS/STSB/BC(A)

NAME Swall SRohrer SMehta DATE 10/19/2023 10/23/2023 10/31/2023 OFFICE OGC - NLO NRR/DORL/LPL3/BC NRR/DORL/LPL3/PM NAME MWright JWhited SWall DATE 11/08/2023 11/16/2023 11/17/2023 OFFICIAL RECORD COPY