CP-202400294, (CPNPP) - Response to RAI for Exemption Request from 10 CPR 50.71(e)(4) Final Safety Analysis Update Schedule
| ML24228A186 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/15/2024 |
| From: | Hicks J Vistra Operations Company |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| CP-202400294, TXX-24059 | |
| Download: ML24228A186 (1) | |
Text
CP-202400294 TXX-24059 August 15, 2024 Comanche Peak Nuclear Power Plant Jack C. Hicks Senior Manager, Fleet Licensing P.O. Box 1002 6322 North FM 56 Glen Rose, TX 76043 ATTN: Document Control Desk Ref 10 CPR 50.12(a) 10 CPR 50.71(e)
U. S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
References:
Comanche Peak Nuclear Power Plant (CPNPP)
Docket Nos. 50-445 and 50-446 Response to RAI for Exemption Request from 10 CPR 50.71(e)(4) Final Safety Analysis Update Schedule
- 1. Letter, J. Hicks to NRC, "Request for Exemption from 10 CPR 50.71(e)(4) Final Safety Analysis Update Schedule," August 24, 2023, ML23236A605.
- 2. E-mail, NRC to N. Boehmisch, "Request for Additional Information: Comanche Peak Request for Exemption from 10 CPR 50.71(e)(4) Final Safety Analysis Update Schedule (EPID: L-2023-LLE-0023)," July 18, 2024, ML24204A002.
Dear Sir or Madam:
By Reference 1, Vistra Operations Company LLC (Vistra OpCo) requested exemption from the requirements of 10 CPR 50.71(e)(4) regarding submission of revisions to the Updated Final Safety Analysis Report (UFSAR) for Comanche Peak Nuclear Plant (CPNPP), Units 1 and 2. In Reference 2, the NRC requested Vistra OpCo to provide additional information required to complete its review of the exemption request. This letter provides a response to Reference 2, in the attached Response to Request for Additional Information.
This communication contains no new commitments regarding CPNPP Units 1 and 2.
Should you have any questions, please contact Nie Boehmisch at (254) 897-5064 or nicholas.boehmisch@luminant.com.
Sincerely, Jack C. Hicks
Attachment:
Response to Request for Additional Information 6555 SIERRA DRIVE IRVING, TEXAS 75039 o 214-812-4600 VISTRACORP.COM
TXX-24059 Page 2 of 2 cc:
NRC Regional Administrator, Region IV NRC Project Manager, CPNPP NRC Senior Resident Inspector, CPNPP NRC Resident Inspector, CPNPP
Attachment to TXX-24059 Page 1 of 2 Response to Request for Information INTRODUCTION By letter dated August 24, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23236A605), Vistra Operations Company LLC (Vistra OpCo, the licensee) submitted an exemption request pursuant to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 50.12(a) for Comanche Peak Nuclear Power Plant, Units 1 and 2 (Comanche Peak). The licensee requested an exemption from the requirements in 10 CFR 50.71(e)(4) regarding submission of revisions to the Updated Final Safety Analysis Report (UFSAR) to allow periodic updates of the UFSAR on a specified schedule that does not exceed 24 months between successive updates.
The U.S. Nuclear Regulatory Commission (NRC, the Commission) staff has determined that additional information is required for the staff to complete its review. The NRC staffs request for additional information (RAI) is described below. The NRC staff may have additional RAIs. The licensee staff and NRC staff held a draft RAI clarification call on July 18, 2024. The licensee staff requested, and the NRC staff agreed, to an RAI response by August 19, 2024.
The NRC staff considers that timely responses to RAIs help ensure sufficient time is available for staff review and contribute toward the NRCs goal of efficient and effective use of staff resources. Please note that if the licensee does not respond to this request by the agreed upon date or provide an acceptable alternate date, the NRC may deny the licensees application under the provisions of 10 CFR 2.108. If circumstances result in the need to revise the agreed upon response date, please contact the NRC project manager at (301) 415-3168 or via email Samson.Lee@nrc.gov.
REQUEST FOR ADDITIONAL INFORMATION (RAI)
RAI-01
Regulatory Requirements:
The requirements in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.12(a)(2) state that: "(2) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever--
(ii) Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule" The requirements in 10 CFR 50.71(e) state: 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.
The requirements in 10 CFR 50.71(e)(4) state, in pertinent part: Subsequent revisions must be filed annually or 6 months after each refueling outage provided the interval between successive updates does not exceed 24 months.
The revisions must reflect all changes up to a maximum of 6 months prior to the date of filling.
Issue:
The exemption request dated August 24, 2023, states:
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that the licensee periodically updates their UFSAR to assure that the UFSAR remains up-to-date and accurately reflects the plant design and operation. 10 CFR 50.71(e)(4) currently specifies a maximum time of 24 months between successive updates
Attachment to TXX-24059 Page 2 of 2 and the requirement to reflect changes to the UFSAR up to a maximum of six months prior to the date of filing. 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 routine UFSAR submittals will not exceed the maximum 24 months between submission and the submittals will continue to contain timely updates as required by 10 CFR 50.71(e)(4). Therefore, special circumstances exist as application of the regulation in this circumstance is not necessary to achieve the underlying purpose of the rule.
The NRC staff notes that in the statements of consideration for the final rule establishing the initial requirement to provide an UFSAR update (May 9, 1980; 45 FR 30614), the Commission explained that it was establishing the requirement to provide an updated reference document to be used in recurring safety analyses performed by the licensee, the Commission, and other interested parties. That rule required updating on an annual basis. In the statements of consideration for the 1992 final rule amending § 50.71(e) (August 31, 1992; 57 FR 39353), the Commission provided an alternative to the annual updating requirement, in which licensees could provide updates 6 months after each refueling outage provided the interval between successive updates to the FSAR does not exceed 24 months. In a response to a comment suggesting that the FSAR update be decoupled from the refueling cycle, the Commission explained in the final rule (57 FR 39354), The majority of facility design changes reflected in an updated FSAR are effected during the refueling outage. The use of the refueling cycle interval provides for a current plant status document that is coordinated with plant changes.
Request:
Discuss how the application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule as discussed in the statements of consideration for the initial and revised 10 CFR 50.71(e)(4) rule.
RESPONSE
With respect to decoupling the reporting frequency from refueling cycles as discussed in the statements of consideration for the 1992 final rule amending § 50.71(e), the majority of facility design changes reflected in the UFSAR at Comanche Peak are no longer effected during refueling outages. As a result, for Comanche Peak there is little coordination between plant changes and refueling cycle intervals. Therefore, the application of the regulation, with respect to coupling reporting frequency to refueling cycle intervals, is not necessary to achieve the underlying purpose of the rule for Comanche Peak. The routine UFSAR submittals will not exceed 24 months between submissions and will continue to reflect all changes up to a maximum of 6 months prior to the date of filling.