NG-12-0434, Technical Specification Change Request (TSCR-141): License Amendment Request for Change to Renewed Operating License Condition C.12

Technical Specification Change Request (TSCR-141): License Amendment Request for Change to Renewed Operating License Condition C.12

ML12318A286
Person / Time
Site:	Duane Arnold
Issue date:	11/13/2012
From:	Richard Anderson NextEra Energy Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NG-12-0434
Download: ML12318A286 (13)

Text

NEXTera M ENERGV~

~ DUANE ARNOLD November 13, 2012 NG-12-0434 10 CFR 50.90 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket 50-331 Renewed Operating License No. DPR-49 Technical Specification Change Request (TSCR-141): License Amendment Request for Change to Renewed Operating License Condition C.12 Pursuant to 10 CFR 50.90 NextEra Energy Duane Arnold, LLC (hereafter NextEra Energy Duane Arnold) hereby requests an amendment to the Technical Specifications (TS) for the Duane Arnold Energy Center (DAEC).

The proposed amendment would revise License Condition C.12 to clarify that the programs and activities, identified in Appendix A of NUREG-1955 and the UFSAR supplement are to be completed before the period of extended operation.

NextEra Energy Duane Arnold has evaluated the proposed change in Attachment A and the proposed Amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c).

NextEra Duane Arnold requests approval of this License Amendment Request by November 13, 2013 with a 30 day implementation period. This letter contains no new commitments nor revises any previous commitments.

This application has been reviewed by the DAEC Plant Operations Review Committee.

A copy of this submittal, along with the 10 CFR 50.92 evaluation of "No Significant Hazards Consideration," is being forwarded to our appointed state official pursuant to 10 CFR 50.91.

If you have any questions or require additional information, please contact Thomas R.

Byrne at (319) 851-7929.

NextEra Energy Duane Arnold, LLC, 3277 DAEC Road, Palo, IA 52324

NG-12-0434 November 13,2012 Page 2 of 2 I declare under penalty of perjury that the foregoing is true and correct.

Executed on November 13, 2012.

c~A Richard L. Ande~

Vice President, Duane Arnold Energy Center NextEra Energy Duane Arnold, LLC Attachments: A) Evaluation of Proposed Change

8) Proposed Renewed Operating License Changes (Mark-Up)

C) Proposed Renewed Operating License Page (Re-Typed) cc: M. Rasmusson (State of Iowa)

NG-12-0434 Attachment A Page 1 of 7 ATTACHMENT A EVALUATION OF PROPOSED CHANGE

Subject:

License Amendment Request for Change to Renewed Operating License Condition C.12

2.0 PROPOSED CHANGE

3.0 ANALYSIS 4.0 REGULATORY SAFETY ANALYSIS 4.1 No Significant Hazards Consideration

6.0 REFERENCES

7.0 PRECEDENCE

NG-12-0434 Attachment A Page 2 of 7

1.0 DESCRIPTION

Pursuant to 10 CFR 50.90, NextEra Energy Duane Arnold, LLC (hereafter NextEra Energy Duane Arnold) hereby proposes to amend Renewed Facility Operating License (RFOL) DPR-49. Specifically; RFOL Condition (RFOLC) C.12 is revised to clarify that the intent of the license condition is to ensure that the license renewal commitments, already incorporated into the DAEC UFSAR, are to be completed before the period of extended operation, in other words, no later than February 21, 2014.

2.0 PROPOSED CHANGE

License Condition C.12 currently states:

The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d),

describes certain future activities to be completed prior to and/or during the period of extended operation. The licensee shall complete these activities in accordance with Appendix A of NUREG-1955, Safety Evaluation Report Related to the License Renewal of Duane Arnold Energy Center, dated November 2010, as supplemented by letter from the licensee to the NRC dated November 23, 2010. The licensee shall notify the NRC in writing when activities to be completed prior to the period of extended operation are complete and can be verified by NRC inspection.

License Condition C.12 is proposed to be changed to read:

The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d),

describes certain future programs and activities to be completed before the period of extended operation. NextEra Energy Duane Arnold, LLC shall complete these activities no later than February 21, 2014 and shall notify the NRC in writing when implementation of these activities is complete. Following incorporation into the UFSAR, the need for prior Commission approval of any changes will be governed by 10 CFR 50.59."

3.0 ANALYSIS NextEra Energy Duane Arnold received the RFOL in Reference 6.b. The following provides an evaluation of the proposed changes to RFOLC C.12. These changes are administrative in nature and do not change any technical requirements.

RFOLC C.12 Changes RFOLC C.11 requires the inclusion of the DAEC license renewal commitments in the UFSAR and explains that once they are incorporated into the UFSAR, changes to the

NG-12-0434 Attachment A Page 3 of 7 license renewal commitments may be made using the 10 CFR 50.59 process. The intent of RFOLC C.12 is to ensure that activities scheduled to be completed before entering the period of extended operation (PEO) are completed in accordance with the schedule identified in Appendix A to NUREG-1955, and the UFSAR supplement submitted pursuant to 10 CFR 54.21 (d), as revised, and that NRC is notified in writing when implementation of these activities is complete.

The current wording of RFOLC C.12 needs to be clarified because there may be an ambiguity as to the interplay between RFOLC C.11 and RFOLC C.12 as to the appropriate process for making changes to the license renewal commitments in the DAEC UFSAR. One interpretation of the current license condition C.12 wording is that prior NRC approval would be required under 10 CFR 50.90 in order to make any change to a license renewal commitment, whether it is included in the UFSAR supplement or not. However, this would be inconsistent with the existing RFOLC C.11, which explicitly allows for changes to the license renewal commitments using the 10 CFR 50.59 process because those commitments have been included in the UFSAR, as required by RFOLC C.11. Further, requiring the use of the 10 CFR 50.90 license amendment process to change license renewal commitments would create an unnecessary burden on both NextEra Energy Duane Arnold and the NRC staff. The proposed change to RFOLC C.12, in conjunction with the existing (and already met) condition to incorporate the list of license renewal commitments into the UFSAR supplement, would make clear that changes to license renewal commitments may be evaluated pursuant to 10 CFR 50.59.

The reworded RFOLC C.12 ensures that activities identified as needing to be completed prior to entering the PEO are completed on the appropriate schedule. This change is non-technical and provides NRC notification of completion of license renewal activities.

It is also consistent with the description of the license condition in Section 1.6 of Volume I of NUREG-1955:

The second license condition requires future activities identified in the UFSAR supplement to be completed prior to the period of extended operation, excluding Commitment Nos. 2, 3, 50, and 51, which will be completed during the period of extended operation.

The proposed change also differentiates between programs and activities whereas the current wording specifies only activities. Differentiating between programs (i.e. aging management programs) and activities (i.e. one-time and/or periodic tests and inspections) provides further clarification of RFOLC C.12.

Description of the NextEra Energy Duane Arnold Commitment Change Program Nuclear Energy Institute, NEI 99-04, Guidelines for Managing NRC Commitment Changes, Revision 0, July, 1999, specifies that licensees are required to comply with NRC rules, regulations and orders, and with their licenses. A plants license includes its technical specifications, as well as any general or specific license conditions. These requirements frequently are referred to as "obligations" to differentiate from licensee-generated tasksfor example, a task designed to improve the cost-effectiveness of a maintenance or operations program. The method of compliance with a regulatory requirement frequently is the subject of NRC guidance, such as a NUREG report or a

NG-12-0434 Attachment A Page 4 of 7 regulatory guide. However, the licensee generally has the authority to determine what method of compliance is appropriate for its plant(s) to meet these obligations (see § 50.109(a)(7)).

As a practice, licensees routinely track a variety of commitments. These include commitments made to non-regulatory organizations such as the Institute of Nuclear Power Operations, as well as corrective actions and self-assessments. Previously, guidance for managing regulatory commitments has been provided in NEI 99-04, Guideline for Managing NRC Commitments, Revision 2, December 1995. The NRC determined that the NEI guidance document was an acceptable method for licensees to follow for managing and changing their regulatory commitments to the NRC. The industry guideline reflects lessons learned and changes in the regulatory environment.

Licensee correspondence dealing with regulatory commitments should distinguish clearly between regulatory commitments to restore compliance with NRC rules and regulations and voluntary commitmentsfor example, enhancements, routine corrective actions taken in accordance with quality assurance programs, or other descriptive information.

NEI 99-04 also states that commitments that are embodied in the Updated Final Safety Analysis Report as descriptions of the facility or procedures are changed by applying the provisions of 10 CFR 50.59 to determine if a proposed change requires prior NRC approval. If a complete 10 CFR 50.59 review determines that a proposed change does not require prior NRC approval, licensees may make the change and provide a description of the change to the NRC annually or coincident with filing FSAR updates.

Otherwise, prior NRC review and approval of the change is required. Licensees apply NEI 96-07, Guidelines for 10 CFR 50.59 Implementation, which provides guidance in implementing 10 CFR 50.59. NEI 96-07 provides screening criteria to identify items that clearly do not constitute a change requiring prior NRC approval to eliminate the need for performing a complete 10 CFR 50.59 analysis.

NextEra Energy Duane Arnold has a robust administrative procedure (ACP 102.2, Procedure for Evaluation of NRC Commitment Changes) based on the guidance of NEI 99-04 for evaluation of changes to NRC commitments. This procedure provides guidance for performing an NRC commitment change evaluation to determine what actions are required to change a given NRC commitment. The following requirements apply to commitment changes made per ACP 102.2:

(1) A log of NRC commitment change evaluations shall be maintained by Licensing.

(2) Copies of approved NRC commitment change evaluations shall be retained by Licensing for incorporation, as needed, into the periodic report submitted coincident with FSAR updates per 10 CFR 50.71(e).

(3) An Action Request (AR) shall be used to document requests for NRC commitment change evaluations.

NG-12-0434 Attachment A Page 5 of 7 (4) The commitment change evaluation shall be reviewed and approved by the designated Responsible Supervisor (or Manager), Licensing Engineer/Analyst, and Manager, Licensing.

(5) All NRC commitment change evaluations shall have appropriate supporting documentation attached to the completed evaluation form.

Commitments that are embodied in the Updated Final Safety Analysis Report as descriptions of the facility or procedures are changed by applying the provisions of 10 CFR 50.59 to determine if the change requires prior NRC approval.

4.0 REGULATORY ANALYSIS

4.1 No Significant Hazards Consideration

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The amendment does not significantly increase the probability of an accident since it does not involve a change to any plant equipment that initiates a plant accident. The change clarifies RFOLC C.12. The license conditions deal with administrative controls over information contained in the Updated Final Safety Analysis Repot (UFSAR) supplement. The proposed changes are administrative and the license conditions are not an initiator or mitigator of any previously evaluated accidents. Therefore, the proposed amendment 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 amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated since it does not involve any physical alteration of plant equipment and does not change the method by which any safety-related system performs its function. The license conditions deal with administrative controls over information contained in the UFSAR supplement. No new or different types of equipment will be installed and the basic operation of installed equipment is unchanged. Therefore, the proposed amendment 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?

NG-12-0434 Attachment A Page 6 of 7 Response: No.

The proposed amendment does not affect design codes or design margins. The change that clarifies RFOLC C.12 is administrative in nature and does not have the ability to affect analyzed safety margins. Therefore, operation of DAEC in accordance with the proposed amendment will not involve a significant reduction in the margin to safety.

Conclusion Based on the preceding 10 CFR 50.92 evaluation, NextEra Energy Duane Arnold concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

5.0 ENVIRONMENTAL CONSIDERATION

This amendment request meets the eligibility criteria for categorical exclusion from environmental review set forth in 10 CFR 51.22(c)(9) as follows:

(i) The amendment involves no significant hazards determination.

As described in Section 4 of this evaluation, the proposed change involves no significant hazards consideration.

(ii) There is no significant change in the types or significant increase in the amounts of any effluent that may be released offsite.

The proposed amendment does not involve any physical alterations to the plant configuration that could lead to a change in the type or amount of effluent release offsite.

(iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed amendment does not involve a significant increase in individual or cumulative occupational radiation exposure.

Based on the above, NextEra Energy Duane Arnold concludes that the proposed change meets the eligibility criteria for categorical exclusion as 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 this amendment.

6.0 REFERENCES

a. NUREG-1955, "Safety Evaluation Report Related to the License Renewal of Duane Arnold Energy Center," dated November 2010

NG-12-0434 Attachment A Page 7 of 7

b. Letter, Brian Harris (USNRC) to Christopher Costanzo (NextEra Energy Duane Arnold), "Issuance of Renewed Facility Operating License No.

DPR-49 for the Duane Arnold Energy Center," dated December 16, 2010 (ML102930524) 7.0 PRECEDENCE The renewed facility operating licenses issued for Salem Nuclear Generating Station, Units 1 and 2, (ML11136A064) and Hope Creek Generating Station (ML11116A148) contain license condition wording similar to that proposed in this change.

NG-12-0434 Attachment B ATTACHMENT B PROPOSED LICENSE (MARK-UP) 1 Page to Follow

(11) The information in the UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d), shall be incorporated into the UFSAR no later than the next scheduled update required by 10 CFR 50.71(e) following the issuance of this renewed operating license. Until this update is complete, the licensee may not make changes to the information in the supplement. Following incorporation into the UFSAR, the need for prior Commission approval of any changes will be governed by 10 CFR 50.59.

(12) The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d),

describes certain future activities to be completed prior to and/or during the period of extended operation. The licensee shall complete these activities in accordance with Appendix A of NUREG-1955, Safety Evaluation Report Related to the License Renewal of Duane Arnold Energy Center, dated November 2010, as supplemented by letter from the licensee to the NRC dated November 23, 2010. The licensee shall notify the NRC in writing when activities to be completed prior to the period of extended operation are complete and can be verified by NRC inspection. The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d), describes certain future programs and activities to be completed before the period of extended operation. NextEra Energy Duane Arnold, LLC shall complete these activities no later than February 21, 2014 and shall notify the NRC in writing when implementation of these activities is complete. Following incorporation into the UFSAR, the need for prior Commission approval of any changes will be governed by 10 CFR 50.59.

(13) The licensee shall implement the most recent staff-approved version of the Boiling Water Reactor Vessels and Internals Project (BWRVIP) Integrated Surveillance Program (ISP) as the method to demonstrate compliance with the requirements of 10 CFR Part 50, Appendix H. Any changes to the BWRVIP ISP capsule withdrawal schedule must be submitted for staff review and approval. Any changes to the BWRVIP ISP capsule withdrawal schedule which affects the time of withdrawal of any surveillance capsules must be incorporated into the licensing basis. If any surveillance capsules are removed without the intent to test them, these capsules must be stored in a manner which maintains them in a condition which would support re-insertion into the reactor pressure vessel if necessary.

D. This license is effective as of the date of issuance and shall expire at midnight February 21, 2034.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Eric R. Leeds Eric J. Leeds, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Appendix A Technical Specifications

2. Appendix B Additional Conditions Date of Issuance: December 16, 2010 Renewed License No. DPR-49 Amendment

NG-12-0434 Attachment C EXHIBIT C PROPOSED LICENSE PAGE (RE-TYPED)

(11) The information in the UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d), shall be incorporated into the UFSAR no later than the next scheduled update required by 10 CFR 50.71(e) following the issuance of this renewed operating license. Until this update is complete, the licensee may not make changes to the information in the supplement. Following incorporation into the UFSAR, the need for prior Commission approval of any changes will be governed by 10 CFR 50.59.

(12) The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d),

describes certain future programs and activities to be completed before the period of extended operation. NextEra Energy Duane Arnold, LLC shall complete these activities no later than February 21, 2014 and shall notify the NRC in writing when implementation of these activities is complete. Following incorporation into the UFSAR, the need for prior Commission approval of any changes will be governed by 10 CFR 50.59.

(13) The licensee shall implement the most recent staff-approved version of the Boiling Water Reactor Vessels and Internals Project (BWRVIP) Integrated Surveillance Program (ISP) as the method to demonstrate compliance with the requirements of 11 CFR Part 50, Appendix H. Any changes to the BWRVIP ISP capsule withdrawal schedule must be submitted for staff review and approval. Any changes to the BWRVIP ISP capsule withdrawal schedule which affects the time of withdrawal of any surveillance capsules must be incorporated into the licensing basis. If any surveillance capsules are removed without the intent to test them, these capsules must be stored in a manner which maintains them in a condition which would support re-insertion into the reactor pressure vessel if necessary.

D. This license is effective as of the date of issuance and shall expire at midnight February 21, 2034.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Eric R. Leeds Eric J. Leeds, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Appendix A Technical Specifications

2. Appendix B Additional Conditions Date of Issuance: December 16, 2010 Renewed License No. DPR-49 Amendment