L-23-264, Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule
| ML24054A101 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry |
| Issue date: | 02/23/2024 |
| From: | Benyak D Energy Harbor Nuclear Corp |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| L-23-264 | |
| Download: ML24054A101 (1) | |
Text
Energy Harbor Nuclear Corp.
168 E. Market Street Akron, Ohio 44308 Darin M. Benyak Senior Vice President, Fleet Nuclear Operations 330-436-1380 February 23, 2024 L-23-264 10 CFR 50.71(e)
ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
SUBJECT:
Beaver Valley Power Station, Unit Nos. 1 and 2 Docket No. 50-334, License No. DPR-66 Docket No. 50-412, License No. NPF-73 Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 Perry Nuclear Power Plant, Unit No. 1 Docket No. 50-440, License No. NPF-58 Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule In accordance with the requirements of 10 CFR 50.12(a), Energy Harbor Nuclear Corp.
hereby requests an exemption from the requirements of 10 CFR 50.71(e)(4) regarding submission of revisions to the Updated Final Safety Analysis Report (UFSAR) for Beaver Valley Power Station (BVPS), Units 1 and 2, Davis-Besse Nuclear Power Station (DBNPS), and Perry Nuclear Power Plant (PNPP).
Currently, BVPS, Units 1 and 2 are on 18-month staggered refueling cycles while PNPP and DBNPS are on 24-month refueling cycles. In accordance with 10 CFR 50.71(e)(4) revisions to UFSARs are filed annually or 6 months after each refueling outage, provided the interval between successive updates does not exceed 24 months. The requested exemption would allow periodic updates for each of the Energy Harbor Nuclear Corp. plants on specified schedules that do not exceed 24 months between successive updates. Details supporting the 10 CFR 50.12(a) exemption request are attached to this letter.
Energy Harbor Nuclear Corp. requests approval of this exemption by March 7, 2025.
Beaver Valley Power Station, Unit Nos. 1 and 2 Perry Nuclear Power Plant, Unit No. 1 Davis-Besse Nuclear Power Station, Unit No. 1 L-23-264 Page 2 There are no regulatory commitments contained in this submittal. If there are any questions or if additional information is required, please contact Mr. Phil H. Lashley, Manager - Fleet Licensing at (330) 696-7208.
Sincerely, Darin M. Benyak
Attachment:
Request for Exemption from 10 CFR 50.71(e)(4) Final Safety Analysis Report Update Schedule cc:
NRC Region I Administrator NRC Region III Administrator NRC Resident Inspector - BVPS NRC Resident Inspector - DBNPS NRC Resident Inspector - PNPP NRR Project Manager - BVPS NRR Project Manager - DBNPS NRR Project Manager - PNPP NRR Project Manager - Fleet Director BRP/DEP Site BRP/DEP Representative Utility Radiological Safety Board Executive Director, Ohio Emergency Management Agency, State of Ohio (NRC Liaison)
Darin M. Benyak Digitally signed by Darin M. Benyak Date: 2024.02.23 11:48:15 -05'00'
Attachment L-23-264 Request for Exemption from 10 CFR 50.71(e)(4)
Final Safety Analysis Report Update Schedule Page 1 of 7 1.0 SPECIFIC EXEMPTION REQUEST In accordance with 10 CFR 50.12(a)(1), Energy Harbor Nuclear Corp. is requesting approval of a permanent exemption from the requirements of 10 CFR 50.71(e)(4) for submission of revisions to the Updated Final Safety Analysis Report (UFSAR) for Beaver Valley Power Station (BVPS), Units 1 and 2, Davis-Besse Nuclear Power Station (DBNPS), and Perry Nuclear Power Plant (PNPP). This exemption would specifically apply to the annual or 6-month post-outage requirement while still maintaining compliance with the 24-month frequency. This change will result in a submittal that does not exceed 24 months between successive updates, as allowed by 10 CFR 50.71(e)(4).
Energy Harbor Nuclear Corp. requests that the submittal of BVPS Unit 1 UFSAR be due by May 31 of every even-numbered year. The most recent UFSAR submittal was made on May 23, 2023, and the next submittal is planned for October 2024.
Energy Harbor Nuclear Corp. requests that the submittal of BVPS Unit 2 UFSAR be due by May 31 of every odd-numbered year. The most recent UFSAR submittal was made on November 29, 2023, and the next submittal is planned for May 2025.
Energy Harbor Nuclear Corp. requests that the submittal of PNPP UFSAR be due by September 30 of every odd-numbered year. The most recent UFSAR submittal was made on October 27, 2023, and the next submittal is planned for September 2025.
Energy Harbor Nuclear Corp. requests that the submittal of DBNPS UFSAR be due by September 30 of every even-numbered year. The most recent UFSAR submittal was made on September 20, 2022, and the next submittal is planned for September 2024.
Energy Harbor Nuclear Corp. is requesting this exemption for BVPS, Units 1 and 2, DBNPS, and PNPP be approved by March 7, 2025.
2.0 BASIS FOR EXEMPTION REQUEST In accordance with 10 CFR 50.12(a)(1) the Nuclear Regulatory Commission (NRC) may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.
Attachment L-23-264 Page 2 of 7 Currently, BVPS, Units 1 and 2 are on 18-month staggered refueling cycles while PNPP and DBNPS are on 24-month refueling cycles. Based on the applicable refueling cycle, PNPP and DBNPS perform UFSAR updates approximately every 24 months while BVPS Units 1 and 2 perform updates approximately every 18 months.
The exemption will provide for a set calendar schedule for each of the Energy Harbor Nuclear Corp. plants, which would allow more efficient scheduling and allocation of resources to prepare and submit UFSAR updates while remaining within the maximum allowed 24 months between successive updates. Each UFSAR update will continue to reflect changes to the UFSAR up to a maximum of 6 months prior to the date of filing, as required by 10 CFR 50.71(e)(4).
The proposed exemption would change the current UFSAR submittal schedule for BVPS, Units 1 and 2, DBNPS, and PNPP to a calendar-based schedule that would not exceed the maximum 24 months between successive updates as required by 10 CFR 50.71(e)(4).
The BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR updates will continue to reflect changes to the UFSAR up to a maximum of six months prior to the date of filing, as required by 10 CFR 50.71(e)(4).
Energy Harbor Nuclear Corp. is requesting that BVPS, DBNPS, and PNPP submit the required UFSAR updates on a schedule that meets the requirement to not exceed 24 months between submittals. The proposed schedules would not result in undue regulatory burden and would provide an equivalent level of protection to the existing regulation.
In summary, this exemption request proposes a revised UFSAR update schedule for BVPS, Units 1 and 2, DBNPS, and PNPP. Energy Harbor Nuclear Corp. would submit the updated BVPS Unit 1 UFSAR by May 31 of every even-numbered year, BVPS Unit 2 UFSAR by May 31 of every odd-numbered year, DBNPS UFSAR by September 30 of every even-numbered year, and PNPP UFSAR by September 30 of every odd-numbered year. This schedule would allow more efficient scheduling and allocation of Energy Harbor Nuclear Corp. resources to prepare and submit UFSAR updates for the Energy Harbor Nuclear Corp. fleet while remaining within the maximum allowed 24 months between successive updates as required by 10 CFR 50.71(e)(4). The proposed due dates for BVPS, Units 1 and 2, DBNPS, and PNPP would allow, for practical or business reasons, the submittal to be made any time during the month in which the submittal is due.
3.0 SPECIAL CIRCUMSTANCES In accordance with 10 CFR 50.12(a)(2)(ii), special circumstances exist when compliance is not necessary to achieve the underlying purpose of the rule. The
Attachment L-23-264 Page 3 of 7 underlying purpose of the 10 CFR 50.71(e)(4) is to ensure that licensees periodically submit their UFSARs to assure that the UFSAR remains up-to-date while reflecting the plant design and operation.
As required by 10 CFR 50.71(e)(4) a maximum time of 24 months between successive updates and the requirement to reflect changes to the UFSAR up to a maximum of 6 months prior to the date of filing is allowed. The processing and submittal of more frequent revisions to the UFSAR, including all documents incorporated by reference, is not necessary to achieve the underlying purpose of the rule. The BVPS, Units 1 and 2, DBNPS, and PNPP routine UFSAR submittals will not exceed the maximum 24 months between submission and the submittals will continue to contain timely updates to the NRC as required by 10 CFR 50.71(e)(4). Therefore, this exemption request meets the requirements of 10 CFR 50.12(a)(2)(ii).
4.0 JUSTIFICATION FOR THE EXEMPTION Specific exemptions per 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR 50 provided the following three conditions are met as required by 10 CFR 50.12(a)(1):
- 1. The exemption is authorized by law.
In accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR 50, if the exemption is authorized by law. The proposed exemption can be authorized by law as no other prohibition of law exists that would preclude the activities that would be authorized by the exemption. Additionally, the proposed exemption will continue to serve the underlying purpose of the regulation to ensure that UFSAR revisions, including documents incorporated by reference in the UFSAR, are periodically submitted to the NRC to assure that the UFSAR remains up-to-date and accurately reflects the plant design and operation. The BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR updates will continue to reflect changes to the UFSAR up to a maximum of 6 months prior to the date of filing, as required by 10 CFR 50.71(e)(4).
The schedules proposed for BVPS, Units 1 and 2, DBNPS, and PNPP will remain within the maximum 24 months between successive updates as required by 10 CFR 50.71(e)(4). Therefore, this exemption can be authorized by law.
- 2. The exemption does not present an undue risk to the public health and safety.
The proposed exemption will not alter the manner in which changes to the UFSAR are evaluated in that changes to the UFSAR will continue to be reviewed through the existing applicable administrative and programmatic control processes to ensure that UFSAR changes are properly evaluated and implemented.
Licensees are required, in accordance with10 CFR 50.71(e)(4), to periodically submit
Attachment L-23-264 Page 4 of 7 their UFSARs to assure that the NRC has the latest material developed. In that regulation, the NRC has determined that an update frequency not exceeding 24 months between successive revisions is acceptable for periodic submissions of the UFSAR.
The proposed exemption will provide an equivalent level of protection to the existing requirements. Therefore, this exemption request will not present an undue risk to the public health and safety.
- 3. The exemption is consistent with the common defense and security.
The proposed exemption has no impact on the BVPS, Units 1 and 2, DBNPS, and PNPP physical security plan or the ability to protect special nuclear material at BVPS, Units 1 and 2, DBNPS, and PNPP. Therefore, the exemption is consistent with the common defense and security.
5.0 ENVIRONMENTAL ASSESSMENT Energy Harbor Nuclear Corp. has determined that the requested exemption meets the categorical exclusion provision in 10 CFR 51.22(c)(25). This allows the exemption to be granted provided that the requirements of 10 CFR 51.22(c)(25)(i) through (vi) are met.
Energy Harbor Nuclear Corp. has determined that all the criteria for this categorical exclusion are met as follows:
(i) There is no significant hazards consideration.
The criteria for determining whether an action involves a significant hazards consideration are contained in 10 CFR 50.92. The proposed action is an administrative activity that involves a change in schedule for routine submission of the BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR revisions. The change does not affect plant equipment, operation, or procedures. There are no significant hazards consideration associated with granting the exemption as this change does not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated, (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.
(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.
The proposed action involves a schedule change for routine submittal of updates to the BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR. This activity is administrative in nature and does not involve any change in the types or significant increase in the amounts of any effluents that may be released offsite.
(iii) There is no significant increase in individual or cumulative public or occupational radiation exposure.
Attachment L-23-264 Page 5 of 7 The proposed action involves a schedule change for routine submittal of updates to the BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR. This activity is administrative in nature and does not result in a significant increase in occupational or public radiation exposure.
(iv) There is no significant construction impact.
The proposed action involves a schedule change for routine submittal of updates to the BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR. This activity is administrative in nature and does not involve any construction impact.
(v) There is no significant increase in the potential for or consequences from radiological accidents.
The proposed action involves a schedule change for routine submittal of updates to the BVPS, Units 1 and 2, DBNPS, and PNPP UFSARs. This activity is administrative in nature and does not result in a significant increase in the potential for or consequences from radiological accidents.
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements; (B) Reporting requirements; (C) Inspection or surveillance requirements; (D) Equipment servicing or maintenance scheduling requirements; (E) Education, training, experience, qualification, requalification or other employment suitability requirements; (F) Safeguard plans, and materials control and accounting inventory scheduling requirements; (G) Scheduling requirements; (H) Surety, insurance or indemnity requirements; or (I) Other requirements of an administrative, managerial, or organizational nature.
The proposed action involves 10 CFR 51.22(c)(25)(vi)(G), scheduling requirements.
The schedule requirements are associated with an administrative activity to provide periodic UFSAR updates as prescribed in 10 CFR 50.71(e)(4). This exemption request proposes a revised UFSAR update schedule for BVPS, Units 1 and 2, DBNPS, and PNPP. Energy Harbor Nuclear Corp. would submit the updated BVPS Unit 1 UFSAR by May 30 of every even-numbered year, BVPS Unit 2 UFSAR by May 30 of every odd-numbered year, DBNPS UFSAR by September 30 of every even-numbered year, and PNPP UFSAR by September 30 of every odd-numbered year. This schedule will meet the underlying purpose of 10 CFR 50.71(e)(4) to ensure that UFSAR revisions, including documents incorporated by reference in the UFSAR, are periodically submitted to NRC to assure that the UFSAR remains up-to-date and accurately reflects
Attachment L-23-264 Page 6 of 7 the plant design and operation.
The BVPS, Units 1 and 2, DBNPS, and PNPP UFSAR updates will continue to reflect changes to the UFSAR up to a maximum of 6 months prior to the date of filing, as required by 10 CFR 50.71(e)(4). Further, the proposed exemption would not allow Energy Harbor Nuclear Corp. to exceed the maximum 24 months between successive updates as required by 10 CFR 50.71(e)(4). The proposed due dates would allow, for practical or business reasons, the submittal to be made any time during the month in which the submittal is due.
Based on the above discussion, Energy Harbor Nuclear Corp. asserts that the proposed exemption meets the eligibility criteria for the categorical exclusion set forth in 10 CFR 51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with this exemption request.
6.0 Precedent The NRC has previously granted similar exemptions. By letter dated August 4, 2021 (Reference 1), the NRC approved an exemption from specific requirements of 10 CFR 50.71(e)(4) for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2; and Vogtle Electric Generating Plant (Vogtle), Units 1 and 2, which allowed periodic updates of the UFSAR by October 31 of every odd-numbered and even-numbered year respectively, not to exceed 24 months between successive updates.
7.0 Conclusion Energy Harbor Nuclear Corp. considers the requested schedule changes for routine submittals of the BVPS, Units 1 and 2, DBNPS, and PNPP UFSARs an acceptable alternative for meeting the intent of 10 CFR 50.71(e)(4). As demonstrated in this submittal, the requested exemption complies with the criteria in 10 CFR 50.12.
Specifically, the requested exemption is allowed by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.
Special circumstances exist in that the application of the requirements is not necessary to achieve the underlying purpose of the rule. The proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25); therefore, no environmental impact statement or environmental assessment was prepared in connection with this exemption request.
Attachment L-23-264 Page 7 of 7 8.0 References
- 1. Letter from U.S. Nuclear Regulatory Commission to C.A. Gayheart, Southern Nuclear Operating Company, Joseph M. Farley Nuclear Plant, Units 1 and 2; and Vogtle Electric Generating Plant, Units 1 and 2 - Exemptions from the Requirements of 10 CFR Part 50, Section 50.71(e)(4), Final Safety Analysis Report Update Schedule dated August 4, 2021 (ADAMS Accession No. ML21179A204)