ML23299A266
| ML23299A266 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 11/29/2023 |
| From: | Samson Lee Plant Licensing Branch IV |
| To: | Reasoner C Wolf Creek |
| Lee S, 301-415-3168 | |
| References | |
| EPID L-2023-LLA-0144 | |
| Download: ML23299A266 (1) | |
Text
November 29, 2023 Mr. Cleveland Reasoner Chief Executive Officer and Chief Nuclear Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839
SUBJECT:
WOLF CREEK GENERATING STATION, UNIT 1 - ISSUANCE OF AMENDMENT NO. 238 RE: MODIFIED IMPLEMENTATION DATE OF LICENSE AMENDMENT NO. 237 (EPID L-2023-LLA-0144)
Dear Mr. Reasoner:
The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 238 to Renewed Facility Operating License No. NPF-42 for the Wolf Creek Generating Station, Unit 1. The amendment is in response to the Wolf Creek Nuclear Operating Corporation (the licensee) application dated October 19, 2023, as supplemented by letter dated November 27, 2023.
The licensee indicated that Amendment No. 237, Request for Deviation from Fire Protection Requirements, as approved, could not be implemented. The amendment modifies the implementation date of Amendment No. 237, from 90 days after approval of Amendment No. 237 to an additional 90 days from the original implementation date of November 29, 2023.
A copy of the related Safety Evaluation is enclosed. Notice of Issuance will be included in the Commissions monthly Federal Register notice.
Sincerely,
/RA Thomas Wengert for/
Samson S. Lee, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482
Enclosures:
- 1. Amendment No. 238 to NPF-42
- 2. Safety Evaluation cc: Listserv WOLF CREEK NUCLEAR OPERATING CORPORATION WOLF CREEK GENERATING STATION, UNIT 1 DOCKET NO. 50-482 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 238 License No. NPF-42
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment to the Wolf Creek Generating Station, Unit 1 (the facility) Renewed Facility Operating License No. NPF-42 filed by the Wolf Creek Nuclear Operating Corporation, dated October 19, 2023, as supplemented by letter dated November 27, 2023, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; B.
The facility will operate in conformity with the application, as amended, 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.
- 2.
Accordingly, by Amendment No. 238, Renewed Facility Operating License No. NPF-42 is hereby amended to authorize change to the implementation date of Amendment No. 237, dated August 31, 2023, from 90 days after approval of Amendment No. 237 to 90 days from the original implementation date of November 29, 2023 (February 27, 2024).
- 3.
The license amendment is effective as of its date of issuance and shall be implemented within 90 days from the original implementation date of November 29, 2023 (February 27, 2024).
FOR THE NUCLEAR REGULATORY COMMISSION Jennivine K. Rankin, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: November 29, 2023 Jennivine K.
Rankin Digitally signed by Jennivine K. Rankin Date: 2023.11.29 14:59:56 -05'00'
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 238 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-42 WOLF CREEK NUCLEAR OPERATING CORPORATION WOLF CREEK GENERATING STATION, UNIT 1 DOCKET NO. 50-482
1.0 INTRODUCTION
By application dated October 19, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23292A359), as supplemented by letter dated November 27, 2023 (ML23331A497), Wolf Creek Nuclear Operating Corporation (the licensee),
submitted a license amendment request (LAR) for Wolf Creek Generating Station, Unit 1 (Wolf Creek, WCGS).
The proposed amendment would extend the implementation date for Amendment No. 237, Wolf Creek Generating Station, Unit 1 - Issuance of Amendment No. 237 Re: Request for Deviation from Fire Protection Program Requirements (EPID: L-2022-LLA-0107), which was issued by the U.S. Nuclear Regulatory Commission (NRC, the Commission) on August 31, 2023 (ML23165A250). Amendment No. 237 issued for Wolf Creek was effective on the date of issuance (i.e., August 31, 2023) and was required to be implemented within 90 days of the date of issuance (i.e., November 29, 2023). Due to unforeseen circumstances associated with the supporting information provided in the NRC safety evaluation (SE) that deviated from what the licensee provided in its LAR, as discussed in a further letter submitted by the licensee dated October 19, 2023 (ML23292A357), the licensee requested that implementation of Amendment No. 237 not be required until 90 days after the NRC corrects the associated SE. By letter dated November 27, 2023, the licensee revised its application to request that the implementation of Amendment No. 237 be extended an additional 90 days from the original implementation date, which would be February 27, 2024.
Amendment No. 237 for Wolf Creek revised License Condition 2.C.(5), Fire Protection (Section 9.5.1, SER [Safety Evaluation Report], Section 9.5.1.8, SSER [Supplement to SER] #5), and the Updated Safety Analysis Report (USAR) to allow the use of hard hat mounted portable lights.
The supplemental letter dated November 27, 2023, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination as published in the Federal Register on October 26, 2023 (88 FR 73628).
2.0 REGULATORY EVALUATION
2.1 Program Description and Regulatory Requirements The regulations in Title 10 of the Code of Federal Regulations (10 CFR) section 50.48(a),
require that each operating nuclear power plant have a fire protection plan which satisfies Criterion 3, Fire protection, of Appendix A to 10 CFR Part 50, General Design Criteria for Nuclear Power Plants. The Wolf Creek renewed facility operating license includes a fire protection license condition requiring the implementation of an approved fire protection program.
License Condition 2.C.(5) allows the licensee to make changes to an approved fire protection program without prior NRC staff approval only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire. All changes to the fire protection program must ensure that compliance is maintained with the requirements of 10 CFR 50.48(a).
In issuing an amendment to an operating license, the NRC staff specifies when the amendment is effective and when the amendment must be implemented. Enclosure 1 to the NRC's letter dated August 31, 2023, contained Amendment No. 237 for Wolf Creek. The amendment stated, in part, that:
The license amendment is effective as of its date of issuance and shall be implemented within 90 days of the date of issuance.
There are no specific regulatory requirements regarding the time period for amendment implementation. The NRC staff generally specifies an implementation period consistent with that requested in the licensees application, if appropriate. By letter dated August 2, 2022 (ML22215A000), the licensee requested an implementation date of within 90 days of approval of Amendment No. 237. By letter dated October 19, 2023, the licensee requested the NRC to extend the implementation date to 90 days after the NRC corrects the license amendment SE associated with Amendment No. 237. By letter dated November 27, 2023, the licensee revised its application to request that the implementation of Amendment No. 237 be extended by an additional 90 days from the original implementation date of November 29, 2023.
Implementation periods or dates requested by licensees may vary based on the extent of the physical changes or modifications that are needed, the associated documentation procedures that need to be revised, and/or personnel training that is required. For example, licensees occasionally request that they be allowed to implement the amendment during the next refueling outage to support physical changes or modifications that the licensees want to make when the plants are shut down.
Since the implementation period specified by the NRC in an amendment is considered part of the operating license, the licensee is required to fully implement the amendment on or before the date specified or be in violation of its operating license. Any extension of the implementation period requires prior NRC approval as a license amendment pursuant to 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit.
2.2 Licensees Proposed Changes The licensee requested correction of the NRC SE for Amendment No. 237. The licensee indicated that it cannot implement the amendment as approved and is requesting modification of
the implementation date for Amendment No. 237 from 90 days after approval of Amendment No. 237, that is, November 29, 2023, to 90 days from the original implementation date of November 29, 2023 (i.e., February 27, 2024).
3.0 TECHNICAL EVALUATION
In its LAR dated August 2, 2022 for Amendment No. 237, the licensee requested a deviation from certain technical requirements of 10 CFR Part 50, Appendix R, Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,Section III.J, Emergency lighting (as documented in Appendix 9.5E of the Wolf Creek USAR). By letter dated August 31, 2023, the NRC issued Amendment No. 237 to Wolf Creek. The amendment revised License Condition 2.C.(5) and the USAR to allow the use of hard hat mounted portable lights as the primary emergency lighting means in certain fire areas for illuminating safe shutdown equipment, and access and egress routes to the equipment.
In the LAR dated October 19, 2023, the licensee indicated that the NRC staffs SE for Amendment No. 237, as approved, contains information that is inconsistent with its original LAR and cannot be implemented. The licensee states that the SE specified certain locations in which the portable lights could be used, but omitted other locations in which the licensee had requested that the portable lights be used. The licensee requested to modify the implementation date of Amendment No. 237 to 90 days after the NRC corrects the SE associated with Amendment No. 237. The licensee stated:
The [August 2, 2022] LAR enables WCGS to increase efficiency and management of resources while improving the response capabilities to postulated events. With the requested implementation pause of Amendment No. 237, the existing Fire Protection Program will continue to be utilized as it is fully compliant with applicable rules and regulations as approved for use at WCGS. Therefore, modifying the implementation date for Amendment No. 237 will have no impact on WCGS's ability to protect the health and safety of the public and remain compliant with the associated regulations.
By letter dated November 27, 2023, the licensee revised its application to request that the implementation of Amendment No. 237 be extended by an additional 90 days from the original implementation date of November 29, 2023.
The NRC staff reviewed the licensees request and notes that the proposed amendment to extend the implementation date does not involve any physical changes/modifications to the facility and does not involve any changes in the operation of Wolf Creek.
Consistent with its current licensing basis, the current fire protection program at Wolf Creek will continue to be used until Amendment No. 237 can be implemented. The protection of public health and safety is achieved by the licensee continuing to use the existing approved fire protection program until the licensee implements Amendment No. 237. Extending the modified implementation date for Amendment No. 237 has no adverse safety impact, in that the current fire protection program has previously been approved by the NRC and will continue in effect until Amendment No. 237 is implemented. Therefore, the NRC finds the request to be acceptable such that the implementation date can be changed from 90 days after approval of Amendment No. 237, that is, November 29, 2023, to 90 days from the original implementation date of November 29, 2023, which would be February 27, 2024.
4.0 FINAL NO SIGNIFICANT HAZARDS CONSIDERATION
DETERMINATION The NRC proposed to find that the requested amendment involves no significant hazards consideration (NSHC) in its Federal Register (FR) notice of October 26, 2023 (88 FR 73628).
The NRCs regulation in 10 CFR 50.92(c) states that the NRC may make a final determination, under the procedures in 10 CFR 50.91, that a license amendment involves no significant hazards consideration if operation of the facility, in accordance with the amendment, would not:
(1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
An evaluation of the issue of no significant hazards consideration is presented below:
- 1.
Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
The proposed modification to the 90-day implementation date for License Amendment Number 237 does not involve a significant increase in the probability or consequences of an accident previously evaluated. The existing Fire Protection Program will remain in effect during the modified implementation period.
The current Fire Protection Program and associated post-fire operator manual actions for a fire outside the control room will continue to remain feasible and reliable, demonstrating that the plant can be safely shutdown in the event of a fire. The use of the existing Fire Protection Program will not adversely affect the performance of operator manual actions in support of applicable procedures.
Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2.
Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?
Response: No.
The proposed modification to the 90-day implementation date for License Amendment Number 237 does not create the possibility of a new or different kind of accident from any accident previously evaluated. The existing Fire Protection Program will remain in effect during the modified implementation period. Considering the current Fire Protection Program remains in place, no physical alteration of the plant will occur and does not result in the installation of any new or different kind of equipment.
Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.
- 3.
Does the proposed amendment involve a significant reduction in a margin of safety?
Response: No.
The proposed modification to the 90-day implementation date for License Amendment Number 237 is not a reduction in margin of safety. The existing Fire Protection Program will remain in effect during the modified implementation period and has an acceptable margin of safety and has been approved by the NRC.
Therefore, the proposed change does not involve a significant reduction in a margin of safety.
Based on the above evaluation, the NRC staff concludes that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff has made a final determination that NSHC is involved for the proposed amendment and that the amendment should be issued as allowed by the criteria contained in 10 CFR 50.91.
5.0 STATE CONSULTATION
In accordance with the Commissions regulations, the Kansas State official was notified of the proposed issuance of the amendment on October 26, 2023. The State official had no comments.
6.0 ENVIRONMENTAL CONSIDERATION
The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the 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 NSHC as published in the Federal Register on October 26, 2023 (88 FR 73628), and there has been no public comment on such finding. Further, the Commission has made a final determination that no significant hazards consideration is involved for the proposed amendment as discussed in section 4.0 of this SE. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). 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.
7.0 CONCLUSION
The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
Principal Contributor: N. Iqbal, NRR Date: November 29, 2023
- via email concurrence NRR-058 OFFICE NRR/DORL/LPL4/PM*
NRR/DORL/LPL4/LA*
NRR/DRA/APLB/BC*
OGC* NLO NAME SLee PBlechman JWhitman MCarpentier DATE 10/30/2023 10/30/2023 11/27/2023 11/29/2023 OFFICE NRR/DORL/LPL4/BC*
NRR/DORL/LPL4/PM*
NAME JRankin SLee (TWengert for)
DATE 11/29/2023 11/29/2023