ML24026A021

Issuance of Amendment No. 239 Modified Implementation Date of License Amendment No. 238

ML24026A021
Person / Time
Site:	Wolf Creek
Issue date:	02/27/2024
From:	Samson Lee Plant Licensing Branch IV
To:	Reasoner C Wolf Creek
Lee S, 301-415-3168
References
EPID L-2024-LLA-0007
Download: ML24026A021 (9)

Text

February 27, 2024

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. 239 RE: MODIFIED IM PLEMENTATION DATE OF LICENSE AMENDMENT NO. 238 (EPID L-2024-LLA-0007)

Dear Mr. Reasoner:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 239 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 Corporations (the licensee) application dated January 18, 2024.

The licensee requested additional time to implement Amendment No. 237 regarding deviation from fire protection requirements. The am endment modifies the implementation date from February 27, 2024, to February 27, 2025.

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

Sincerely,

/RA/

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. 239 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 FACI LITY OPERATING LICENSE

Amendment No. 239 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 January 18, 2024, 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.

Enclosure 1

2. Accordingly, by Amendment No. 239, 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 February 27, 2024, to February 27, 2025.

3. The license amendment is effective as of its date of issuance and shall be implemented by February 27, 2025.

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: February 27, 2024 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION

RELATED TO AMENDMENT NO. 239 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 January 18, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24018A248), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee), submitted a licens e amendment request (LAR) for Wolf Creek Generating Station, Unit 1 (Wolf Creek).

The proposed amendment would modify the im plementation date for Amendment No. 237, issued on August 31, 2023 (ML23165A250). The U.S. Nuclear Regulatory Commission (NRC or the Commission) previously issued Amendment No. 238 (ML23299A266) for Wolf Creek on November 29, 2023, which extended the implementation date for Amendment No. 237, until 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. Due to unforeseen circumstances associated with implementation of Amendment No. 237, resulting from certain ina ccuracies in the NRC staffs safety evaluation (SE) issued for Amendment No. 237, as discussed in a letter submitted by the licensee dated October 19, 2023 (ML23292A357), the licensee requested an extension of the implementation date for Amendment No. 237. The NRC issued Amendment No. 238 to extend the implementation date of Amendment No. 237, as requested. The licensees proposed amendment would further modify the implementation date of Amendment No. 237.

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

Enclosure 2

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 licen se, the NRC specifies when the amendment is effective and when the amendment must be implemented. Enclosure 1 to the NRC's letter dated November 29, 2023, contained Amendment No. 238 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 from the original implementation date of November 29, 2023 (February 27, 2024).

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 implementati on date of within 90 days of approval of Amendment No. 237. In its letter dated January 18, 2024, the licensee requested the NRC to modify the implementation date for Amendment No. 237 to February 27, 2025.

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 im plement 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 via a license amendment issued 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 staffs SE for Amendment No. 237. The licensee indicated that it cannot implement the amendment as described in the SE, and is requesting modification of the implementation date for Amendment No. 237 from February 27, 2024, to February 27, 2025.

3.0 TECHNICAL EVALUATION

By letter dated August 31, 2023, the NRC issued Amendment No. 237, which 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. By letters dated October 19, 2023 (ML23292A357 and ML23292A359), the licensee request ed correction of the NRC staff SE for Amendment No. 237. The licensee stated that it could not implement the amendment as

described in the SE, and requested modification of the implementation date for Amendment No. 237. By letter dated November 29, 2023, the NRC issued Amendment No. 238 to extend the implementation date for Amendment No. 237 to February 27, 2024, as requested. By letter dated January 18, 2024, the licensee stated that additional time is necessary to implement Amendment No. 237, and requested modificati on of the implementation date from February 27, 2024, to February 27, 2025.

In the LAR dated January 18, 2024, the licensee stated:

In the interim, WCNOC will continue to utilize the existing Fire Protection Program until resolution of the inconsistencies in the License Amendment No. 237 SE as the current program is fully compliant with applicable rules and regulations as approved for use by the NRC. Until resolution of the issues identified, WCNOC will not take any action for implementation of License Amendment No. 237.

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 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 staff finds the request to be acceptable such that the implementation date can be changed from February 27, 2024, to February 27, 2025.

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 January 26, 2024 (89 FR 5267). 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 NSHC if operation of the facility, in accordance with the amendment, w ould 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 NSHC 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 provide an additional year for implementation 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 provide an additional year for implementation [of] 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 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 provide an additional year for implementation [of] License Amendment Number 237 is not a reduction in a 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 [it] 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 January 26, 2024. 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 January 26, 2024 (89 FR 5267), 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: J. Robinson, NRR

Date: February 27, 2024

ML24026A021 *via email concurrence NRR-058 OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA* NRR/DRA/APLB/(A)BC* OGC* NLO NAME SLee PBlechman SMakor STurk DATE 1/26/2024 1/26/2024 1/25/2024 2/16/2024 OFFICE NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME JRankin SLee DATE 2/21/2024 2/27/2024