NLS2013014, License Amendment Request to Revise License Renewal License Condition 2.E

License Amendment Request to Revise License Renewal License Condition 2.E

ML13050A029
Person / Time
Site:	Cooper
Issue date:	02/12/2013
From:	Higginbotham K Nebraska Public Power District (NPPD)
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NLS2013014
Download: ML13050A029 (28)

Text

N Nebraska Public Power District Always there when you need us 50.90 NLS2013014 February 12, 2013 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555-0001

Subject:

License Amendment Request to Revise License Renewal License Condition 2.E Cooper Nuclear Station; Docket No. 50-298, License No. DPR-46

Reference:

Letter from Tam Tran, U.S. Nuclear Regulatory Commission, to Brian J.

O'Grady, Nebraska Public Power District, dated November 29, 2010, "Issuance of Renewed Facility Operating License No. DPR-46 for the Cooper Nuclear Station"

Dear Sir or Madam:

The purpose of this letter is for the Nebraska Public Power District (NPPD) to request an amendment to Facility Operating License DPR-46 under the provisions of 10 CFR 50.4 and 10 CFR 50.90 to revise License Condition 2.E. In the referenced letter, NPPD was issued a renewed Operating License for Cooper Nuclear Station (CNS) which contained License Conditions 2.E and 2.F. NPPD had understood the wording of License Condition 2.F to allow License Renewal commitments that had not been incorporated into the Updated Safety Analysis Report (USAR), to be revised in accordance with the CNS commitment change process.

However, in a conference call with Nuclear Regulatory Commission (NRC) on December 10, 2012, NPPD was notified that CNS was subject to an NRC Office of General Counsel (OGC) interpretation of the License Condition 2.F wording. Because CNS had not incorporated all of its License Renewal commitments into the USAR, the OGC interpretation established that these commitments were escalated to individual License Conditions, that were subject to change only under the provisions of 10 CFR 50.90. NPPD understands that this was not the original intent of the NRC when the CNS renewed Operating License was issued, and would like the ability to make future commitment changes, as dictated by Operating Experience, without the need for future License Amendment Requests. Accordingly, NPPD is proposing a revision to License Condition 2.E to require incorporation all of the License Renewal commitments into the USAR, thereby allowing for licensee-controlled changes to License Renewal commitments under the provisions of 10 CFR 50.59.

COOPER NUCLEAR STATION (IQ P.O. Box 98 / Brownville, NE 68321-0098 Telephone: (402) 825-3811 / Fax: (402) 825-5211 www.nppd.com

NLS2013014 Page 2 of 3 NPPD has determined from the No Significant Hazards Consideration determination that these changes do not involve a significant hazard. Since the CNS period of extended operation begins on January 18, 2014, NPPD requests expedited approval of the proposed amendment by July 15, 2013. Once approved, the amendment will be implemented within 30 days.

The Attachment to this letter provides a description of the changes to License Condition 2.E, the No Significant Hazards Consideration evaluation pursuant to 10 CFR 50.91 (a)(1), and the Environmental Impact evaluation pursuant to 10 CFR 51.22.

This License Amendment Request has been reviewed by the necessary safety review committees (Station Operations Review Committee and Safety Review and Audit Board). Amendments to the CNS Facility Operating License through Amendment 244 issued December 13, 2012, have been incorporated into this request. This request is submitted under affirmation pursuant to 10 CFR 50.30(b).

By copy of this letter and its attachments, the appropriate State of Nebraska official is notified in accordance with 10 CFR 50.91(b)(1). Copies are also being provided to the NRC Region IV office and the CNS Senior Resident Inspector in accordance with 10 CFR 50.4(b)(1).

There are no new commitments made in this License Amendment Request. Should you have any questions concerning this matter, please contact Dave Bremer, CNS License Renewal Implementation Project Manager, at (402) 825-5673.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: _ _ /.. 40__-___

(Date)

Sincerely, Kenneth Higginbot am General Manager o Plant Operation KH/wv

Attachment:

License Amendment Request to Revise License Renewal License Condition 2.E

NLS2013014 Page 3 of 3 cc: Regional Administrator w/Attachment USNRC - Region IV Cooper Project Manager w/Attachment USNRC - NRR Project Directorate IV- 1 Senior Resident Inspector w/Attachment USNRC - CNS Nebraska Health and Human Services w/Attachment Department of Regulation and Licensure NPG Distribution w/o Attachment CNS Records w/Attachment

NLS2013014 Attachment Page 1 of 25 Attachment License Amendment Request to Revise License Renewal License Condition 2.E Cooper Nuclear Station; Docket No. 50-298, DPR-46 1.0 Summary Description 2.0 Detailed Description 2.1 Proposed Changes 2.2 Need for Changes 3.0 Technical Evaluation 3.1 Background 3.2 Commitments for New Aging Management Programs 3.3 Commitments Revised During the LRA Review 3.4 Implemented Commitments 3.5 Torus Recoat Commitments 3.6 Buried Pipe and Tank Commitments 3.7 Other License Renewal Commitments 4.0 Regulatory Evaluation 4.1 Applicable Regulatory Requirements/Criteria 4.2 Precedent 4.3 No Significant Hazards Consideration 4.4 Conclusions 5.0 Environmental Consideration 6.0 References Appendix

NLS2013014 Attachment Page 2 of 25 1.0

SUMMARY

DESCRIPTION This letter is a request to the Nuclear Regulatory Commission (NRC) to amend Facility Operating License DPR-46 for Cooper Nuclear Station (CNS). The requested change revises License Condition 2.E. The revised wording to this License Condition is designed to assure that License Renewal commitments will be incorporated into the Updated Safety Analysis Report, and that changes will be reviewed under the provisions of 10 CFR 50.59.

As demonstrated in this submittal, the proposed changes do not adversely impact safety, as management of these commitments is well-controlled under 10 CFR 50.59. The Nebraska Public Power District (NPPD) is requesting expedited approval of this application by July 15, 2013. Once approved, NPPD will implement the amendment within 30 days.

2.0 DETAILED DESCRIPTION 2.1 Proposed Changes License Condition E currently reads:

The Updated Safety Analysis Report (USAR) supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the USAR required by 10 CFR 50.71(e)(4), as appropriate3 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 of the supplement into the USAR, the need for Commission approval of any changes will be governed by 10 CFR 50.59.

License Condition E is proposed to read:

The Updated Safety Analysis Report (USAR) supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the USAR required by 10 CFR 50.71(e)(4), as appropriate, following the issuance of this renewed operating license. Commitment Numbers NLS2008071-01 (Revision 1), NLS2008071-02 through 04, NLS2008071-05 (Revision 1), NLS2008071-06 (Revision 1), NLS2008071-07, NLS2008071-08 (Revision 3), NLS2008071-09, NLS2008071-10, NLS2008071-11 (Revision 1), NLS2008071-12 through 15, NLS2008071-16 (Revision 2), NLS2008071-17 through 22, NLS2008071-23 (Revision 1), NLS2008071-24, NLS2008071-25 (and Supplement 1),

NLS2008071-26, NLS2009100-1 (Revision 1), NLS2009100-2, NLS2009100-3, NLS2010019-01, NLS2010019-02, NLS2010044-01, NLS2010050-01 through NLS2010050-03, NLS2010050-04 (Revision 1), NLS2010050-05 (Revision 1),

NLS2010050-06, NLS2010062-01, and NLS2010062-02 shall be incorporated in the first update to the USAR required by 10 CFR 50.71 (e)(4) following incorporation of the original USAR supplement. Until this these respective updates are is complete, the licensee may not make changes to the information in

NLS2013014 Attachment Page 3 of 25 the supplement, or the above commitments. Following incorporation of the supplement and commitments into the USAR, the need for Commission approval of any changes will be governed by 10 CFR 50.59.

The current License Condition wording addresses only the information provided in the License Renewal Application (LRA) USAR Supplement, as revised during the course of the LRA review. The proposed revised wording for License Condition 2.E incorporates all of the License Renewal commitments made by NPPD into the USAR.

In this manner, those commitments that had not been included in the LRA USAR Supplement are now subject to revision under the provisions of 10 CFR 50.59, versus 10 CFR 50.90, as determined by the NRC Office of General Counsel (OGC) decision.

Note: The following commitments were already included in the USAR Supplement, as revised during the NRC review of the LRA. While they are added to the proposed License Condition change for completeness, they are already changeable under the provisions of 10 CFR 50.59:

NLS2008071-02 NLS2008071-04 NLS2008071-07 NLS2008071-08 (Rev. 3)

NLS2008071-09 NLS2008071-10 NLS2008071-11 (Rev. 1)

NLS2008071-12 NLS2008071-13 NLS2008071-19 NLS2008071-23 (Rev. 1)

NLS2010050-05 (Rev. 1)

NLS2010062-02 2.2 Need for Changes During the course of CNS License Renewal Implementation, commitment changes have been identified to License Renewal Aging Management Programs (AMPs) that are appropriate based on NRC Operating Experience (OE). Because the details of these commitments are not described in the USAR, this dictates such changes be processed under the provisions of 10 CFR 50.90, according to the OGC determination. NPPD anticipates that during the period of extended operation, additional internal and external OE may develop that will motivate additional commitment changes to the License Renewal AMPs. Based on this historical record and the specifics of the CNS License Renewal commitments, NPPD does not believe NRC prior-approval should be required for changes to those commitments, and that they should be changeable under 10 CFR 50.59.

NLS2013014 Attachment Page 4 of 25

3.0 TECHNICAL EVALUATION

3.1 Background The CNS renewed Operating License was issued on November 29, 2010. Just prior to that, in October 2010, the NRC issued NUREG-1944, "Safety Evaluation Report Related to the License Renewal of Cooper Nuclear Station" (Reference 1). Section 1.7 of the Safety Evaluation Report (SER) provided the summary of the new License Conditions:

The first license condition requires the applicant to include the LRA USAR supplement, in accordance with 10 CFR 54.21 (d), in the next USAR update, in accordance with 10 CFR 50.71(e), following the issuance of the renewed licenses.

The applicant may make changes to the programs and activities described in the USAR supplement provided changes are evaluated in accordance with the criteria set forth in 10 CFR 50.59.

The second license condition requires future activities described in the USAR supplement to be completed prior to the period of extended operation and that the applicant notify the staff in writing when these activities are complete and can be verified by NRC inspection.

Consistent with the above SER discussion of the second License Condition, it does not appear to have been the NRC's intent that License Condition 2.F would elevate those License Renewal commitments not specifically included in the USAR Supplement to become individual License Conditions. Notwithstanding, the OGC determination effectively requires NPPD to technically justify why these commitments may be placed in the USAR and controlled under the provisions of 10 CFR 50.59.

The NRC has established a position on the escalation of regulatory commitments. In a memorandum titled, "Assessment of Regulatory Processes That Utilize Regulatory Commitments," dated November 26, 2008 (Reference 2), the Office of Nuclear Reactor Regulation, Division of Operating Reactor Licensing, provided an assessment of the regulatory processes that utilize regulatory commitments to determine whether the use of commitments in licensing activities should be reduced or eliminated and replaced with enforceable processes, such as license conditions.

The assessment stated:

Consistent with the guidance in SECY-98-224, "Staff and Industry Activities Pertaining to the Management of Commitments Made by Power Reactor Licensees to the NRC," and the definition of "obligation" in NRR Office Instruction LIC- 100, "Control of Licensing Bases for Operating Reactors,"

escalating a licensee commitment into a legally binding regulatory requirement should be reserved for matters that warrant: (1) inclusion in the technical

NLS2013014 Attachment Page 5 of 25 specifications based on the criteria in 10 CFR 50.36; or (2) inclusion in the license based on determination by the NRC staff that the issue is of high safety or regulatory significance.

The SER Appendix A list of commitments does not warrant inclusion in the CNS Technical Specifications based on the criteria in 10 CFR 50.36, because the list of commitments was developed, reviewed and approved under the 10 CFR rules and regulations for renewal of operating licenses. Specifically, 10 CFR 54.22 requires that an application for license renewal include any technical specification changes or additions necessary to manage the effects of aging during the period of extended operation. As reported in Appendix D of the CNS LRA, NPPD did not identify changes to the Technical Specifications necessary for issuance of the renewed Operating License. Additionally, during the course of the LRA review, neither NPPD nor the NRC identified a need to change the CNS Technical Specifications as a result of new or revised license renewal commitments submitted.

The SER Appendix A list of commitments does not warrant inclusion in the license based on determination by the NRC staff that the issue (license renewal activities) is of high safety or regulatory significance. This statement is supported by the supplementary information provided by the NRC with the issuance of the Part 54 Final Rule, on May 1, 1995:

The first principle of license renewal was that, with the exception of age-related degradation unique to license renewal and possibly a few other issues related to safety only during the period of extended operation of nuclear power plants, the regulatory process is adequate to ensure that the licensing bases of all currently operating plants provides and maintains an acceptable level of safety so that operation will not be inimical to public health and safety or common defense and security. Moreover, consideration of the range of issues relevant only to extended operation led the Commission to conclude that the detrimental effects of aging is probably the only issue generally applicable to all plants. As a result, continuing this regulatory process in the future will ensure that this principle remains valid during any period of extended operation if the regulatory process is modified to address age-related degradation that is of unique relevance to license renewal.

Consequently, the previous license renewal rule focused the Commission's review on this one safety issue.

The second and equally important principle of license renewal holds that the plant-specific licensing basis must be maintained during the renewal term in the same manner and to the same extent as during the original licensing term. This principle would be accomplished, in part, through a program of age-related degradation management for systems, structures, and components that are important to license renewal as defined in the previous rule.

NLS2013014 Attachment Page 6 of 25 From the discussion above, it can be concluded that the NRC staff would generally not consider the license renewal activities to be of such high safety or regulatory significance that any licensee commitment associated with license renewal activities would need to be elevated to the level of an obligation.

NRR Office Instruction LIC-105, Revision 4, "Managing Regulatory Commitments Made by Licensees to the NRC," (Reference 3) concludes "... if the NRC staff needs to rely on a regulatory commitment in an SE, then the staff must escalate the commitment to an obligation, or incorporate it into a mandated licensing basis document." Accordingly, since the NRC staff relied on the license renewal commitments in the CNS SER, the incorporation of the list of license renewal commitments into the USAR (a mandated licensing basis document) is an acceptable method for escalating the commitment. The following sections provide specific justification for incorporation of each license renewal commitment into the USAR.

The Appendix to this Attachment provides a listing of the commitments.

3.2 Commitments For New Aging Management Programs The CNS LRA committed to implement 11 new AMPs. These programs were described in a summary fashion in the LRA USAR Supplement. However, the actual commitments were to implement the AMPs as described in LRA Appendix B. LRA Appendix B describes these AMPs in a greater level of detail than described in the USAR Supplement. Accordingly, these details are inherently less safety significant than the fundamental AMP criteria described in the USAR Supplement, that is changeable under the provisions of 10 CFR 50.59. The following commitments are of this type:

NLS2008071-01 (Revision 1) - This above justification is applicable to the Revision 0 attributes of this commitment ("Implement the Aboveground Steel Tank Program [LRA Section B. 1.1 ].") The justification for the additional attributes included in Revision 1 of the commitment is discussed in Section 3.3.

NLS2008071-16 (Revision 2) - This justification is applicable to the Revision 0 attributes of this commitment ("Implement the Non-EQ Inaccessible Medium Voltage Cable Program

[LRA Section B. 1.25].") The justification for the additional attributes included in Revisions I and 2 of the commitment is discussed in Section 3.3.

NLS2008071-03 NLS2008071-14 NLS2008071-15 NLS2008071-17

NLS2013014 Attachment Page 7 of 25 NLS2008071-18 NLS2008071-20 NLS2008071-21 NLS2008071-24 NLS2008071-26 Thus, NPPD concludes it is acceptable to make changes to the AMP details provided in LRA Appendix B under the provisions of 10 CFR 50.59.

3.3 Commitments Revised During the LRA Review A number of commitments were made in the LRA that were revised, or supplemented, during the course of the NRC's review of the application. The changes were not considered to be a level of detail necessary for the USAR. The following dispositions are provided:

NLS2008071-01 (Rev. 1) - The Revision 0 attributes of this commitment are dispositioned in Section 3.2 above. Revision 1 to this commitment addressed the performance of thickness measurements on aboveground steel tanks. These details are not more safety significant than the information provided in Revision 0 of this commitment.

NLS2008071-05 (Rev. 1) - The Revision 0 attributes of this commitment were included in the USAR Supplement, and so are already changeable under 10 CFR 50.59. Revision 1 to this commitment additionally required a drywell sand cushion drain line vacuum test. This Revision 1 aspect of the commitment has been completed satisfactorily. Thus, while the commitment will be included in the USAR, it is essentially historical information that is not changeable under 10 CFR 50.59.

NLS2008071-06 (Rev. 1) - The Revision 0 attributes of this commitment were included in the USAR Supplement, and so are already changeable under 10 CFR 5059. Revision I to this commitment additionally provided details about the acceptance criteria to be developed for ultrasonic testing (UT) thickness measurements made for the Diesel Fuel Monitoring Program. These details are not more safety significant than the information provided in Revision 0 of this commitment.

NLS2008071-16 (Rev. 2) - The Revision 0 attributes of this commitment are dispositioned in Section 3.2. The Revision I attributes of this commitment were included in the USAR Supplement, as revised, and so are already changeable under 10 CFR 50.59. Revision 2 to this commitment specified the performance of condition-based inspections of certain manholes. These inspections are not more safety significant than the inspections performed per the Revision 0 and Revision 1 attributes of this commitment.

NLS2013014 Attachment Page 8 of 25 NLS2008071-25 (and Supplement 1) - The non-Supplement attributes of this commitment were incorporated into the USAR Supplement, and so are already changeable under 10 CFR 50.59. Supplement 1 provided additional enhancements to the Structures Monitoring Program procedure regarding guidance on acceptance criteria and trending. These details are not more safety significant than the information provided in the balance of this commitment.

Therefore, it is concluded that it is acceptable to make changes to the additional attributes of these commitment that were not previously in the USAR Supplement under the provisions of 10 CFR 50.59.

3.4 Implemented Commitments The following License Renewal commitments had a committed due date of January 18, 2012:

NLS2008071-08 (Revision 3)

NLS2009100-1 (Revision 1)

NLS2009100-2 NLS2009100-3 These commitments have been implemented, as notified by NPPD letters to the NRC.

Accordingly, adding these commitments to the USAR as essentially historical information will not be changeable under 10 CFR 50.59.

3.5 Torus Recoat Commitments NPPD made several License Renewal commitments related to recoating the Torus:

NLS2010050-01 (Recoating the wetted portion of the torus)

NLS2010050-02 (Removing sludge and torus inspection until torus recoated)

NLS2010050-03 (Torus pitting analysis performed establishing that minimum torus thickness is maintained)

The objective of these commitments is to collectively ensure that the American Society of Mechanical Engineers IWE Code acceptance criteria for minimum torus wall thickness continues to be met. However, minimum wall thickness could be assured, as it has been historically, by torus inspection and pit repair, rather than the preventive measure of a torus recoat. Accordingly, these commitments are not considered to have a high safety significance, and can be appropriately controlled under the provisions under 10 CFR 50.59 versus 10 CFR 50.90.

NLS2013014 Attachment Page 9 of 25 3.6 Buried Pipe and Tank Commitments NLS2010050-04 (Revision 1) - In this commitment, the discussion of the risk assessment of in-scope buried piping and tanks was not included in the USAR supplement. However, the part of the commitment that was included in the USAR Supplement states: "The examinations will include visual inspection of at least eight feet of excavated piping on at least three high-risk in-scope systems, and will examine a minimum of 2% of the total linear feet of high-risk in-scope buried piping during each 10-year period." [Emphasis added]. The details of conducting the risk assessment are not more safety significant than the need to actually perform the piping examinations, which are controlled under the provisions of 10 CFR 50.59.

NLS2010050 This commitment directs inspection of at least one segment of buried piping in the service water (SW), fire protection (FP), and condensate makeup (CM) systems. However, the inspections for SW and CM are also described in Commitment NLS2010050-05 (Revision 1), which was included in the USAR Supplement. It follows that it should be acceptable to control the SW and CM inspections under the provisions of 10 CFR 50.59. While the FP piping inspection is not described in the USAR Supplement, this system is not more safety significant than those systems that were included in the USAR. Accordingly, it is appropriate to control the FP piping inspection under 10 CFR 50.59.

NLS2010062 This commitment upgrades the site cathodic protection system.

While this commitment was not included in the USAR Supplement, Commitment NLS2010062-02 was included, and describes the maintenance and testing of the upgraded cathodic protection system. The need to perform the upgrade is not more safety significant than its ongoing maintenance and testing. Accordingly, it is acceptable to control the cathodic protection system upgrade under the provisions of 10 CFR 50.59.

3.7 Other License Renewal Commitments NLS2008071-22 The Periodic Surveillance and Preventive Maintenance (PSPM) program is an existing program at CNS. The USAR Supplement described in summary fashion the structures, systems, and components (SSC) and inspections that will be performed under PSPM program. However, the actual commitment was to enhance the PSPM program to include the activities described in the table provided in LRA Section B. 1.31. This table includes the same SSCs and inspections as included in the USAR Supplement, albeit in a more detailed manner. These details are not more safety significant than the more general details described in the USAR Supplement, that are changeable under the provisions of 10 CFR 50.59.

NLS2013014 Attachment Page 10 of 25 NLS2010019-01 The main steam line support discrepancies had been a known, on-going challenge to CNS before the NRC review of the LRA, and had been documented in the CNS Corrective Action Program (CAP). The modifications to correct these discrepancies were actually a CAP Corrective Action. While this action was made a commitment at NRC request, it remains an obligation under 10 CFR 50 Appendix B, Criterion XVI.

Thus, there is no concern with incorporating this corrective action into the USAR, as it will remain an obligation that NPPD is required to complete.

NLS2010019-02 This commitment involves neutron attenuation testing of Boral sample coupons in the spent fuel pool. After NRC approval of the spent fuel pool expansion in License Amendment 52, NPPD performed Boral coupon neutron attenuation testing in 1982 and 1992. This is comparable to the commitment made with License Amendment 227 to periodically test MetamicTM coupons, which is described in SER Section 3.3.2.2.6. Since the testing of MetamicTM coupons does not require control under 10 CFR 50.90, it follows that the control of future Boral testing may be controlled under the provisions of 10 CFR 50.59.

NLS2010044-01 This commitment involves details on the performance of volumetric examinations of Class I socket weld connections. This commitment is subordinate to Commitment NLS2008071-21 and the USAR Supplement, which directs the implementation of the One-Time Inspection Small-Bore Piping Program. The AMP details of the performance of certain examinations are not more safety significant than the broader USAR-described commitment to implement the AMP. Accordingly, control under the provisions of 10 CFR 50.59 will not adversely affect implementation of this commitment.

4.0 REGULATORY EVALUATION

4.1 Applicable Regulatory Requirements/Criteria The following section describes applicable regulations, and NPPDs continued compliance.

4.1.1 10 CFR 54.21(d)

This regulation requires the LRA FSAR Supplement to contain a summary description of the programs and activities for managing the effects of aging and the evaluation of time-limited aging analyses for the period of extended operation. This supplement was provided as Appendix A to the CNS LRA.

NLS2013014 Attachment Page 11 of 25 and the evaluation of time-limited aging analyses for the period of extended operation. This supplement was provided as Appendix A to the CNS LRA.

4.2 Precedent While there are no approved precedents involving a change to License Renewal License Conditions, the proposed changes are comparable to what has recently been proposed by Vermont Yankee (ADAMS Accession Number ML12331A281).

4.3 No Significant Hazards Consideration This License Amendment Request is a request to the Nuclear Regulatory Commission to amend Facility Operating License DPR-46 for Cooper Nuclear Station. The requested change revises License Condition 2.E. The revised wording to this License Condition is designed to assure that License Renewal commitments will be incorporated into the Updated Safety Analysis Report (USAR), and that changes will be reviewed under the provisions of 10 CFR 50.59. As demonstrated in this submittal, the proposed changes do not adversely impact safety, as management of these commitments is well-controlled under 10 CFR 50.59.

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

Response: No.

The proposed license amendment does not involve a change to any plant equipment that initiates or mitigates a plant accident. The change revises License Condition 2.E to specify the inclusion of all of the License Renewal commitments into the USAR. The proposed changes to the wording of this License Condition are administrative in nature. Therefore, the proposed license amendment does not significantly increase the probability or consequences of an accident.

2. Do the proposed changes create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

This change does not modify or add any equipment or involve controlling or operating equipment. It does not involve initiators to any events in the USAR.

Rather, this change revises License Condition 2.E to specify the inclusion of all of the License Renewal commitments into the USAR. The proposed changes to the wording of this License Condition is administrative in nature, and does not create a new or different kind of accident than that previously evaluated.

NLS2013014 Attachment Page 12 of 25

3. Do the proposed changes involve a significant reduction in a margin of safety?

Response: No.

The proposed changes do not involve revisions to design codes or design margins. Rather, this change revises License Condition 2.E to specify the inclusion of all of the License Renewal commitments into the USAR. The proposed changes to the wording of this License Condition are administrative in nature. Therefore, the proposed license amendment does not involve a significant reduction in a margin of safety.

Based on the responses to the above questions, the Nebraska Public Power District concludes that the proposed license 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.

4.4 Conclusions In conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's 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.

5.0 ENVIRONMENTAL CONSIDERATION

The proposed change would change a requirement with respect to installation or use of a facility component located within the restricted area, as defined in 10 CFR 20. However, the proposed change does not involve (i) a significant hazards consideration, (ii) a significant change in the types or significant increase in the amounts of any effluent that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure. Accordingly, the proposed change meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed change.

6.0 REFERENCES

1. NUREG- 1944, "Safety Evaluation Report Related to the License Renewal of Cooper Nuclear Station," October 2010

2. Memorandum from Joseph G. Giitter, U.S. Nuclear Regulatory Commission, to Bruce A. Boger, U.S. Nuclear Regulatory Commission, "Assessment of Regulatory Processes That Utilize Regulatory Commitments," November 26, 2008

NLS2013014 Attachment Page 13 of 25

3. LIC-105, Revision 4, "Managing Regulatory Commitments Made by Licensees to the NRC," September 17, 2012

NLS2013014 Attachment Page 14 of 25 Appendix List of License Renewal Commitments This appendix provides a list of the commitments made during the course of the NRC review of the CNS License Renewal Application. Those commitments, in whole or in part, that were included in the LRA USAR Supplement, as revised, are underlined.

Commitment Commitment Committed Date Number NLS2008071 -01 Implement the aboveground Steel Tanks Program. [LRA January 18, 2014 (Rev. 1) Section B.1.1] The thickness measurements will be performed at least once during the first ten years of the period of extended operation and periodically thereafter.

The results of the initial inspection will be used to determine the frequency of subsequent inspections. [RAI B.1.1-1]

NLS2008071-02 Enhance the Bolting Integrity Program to include January 18, 2014 guidance from EPRI NP-5769 and EPRI TR-104213 for material selection and testing, bolting preload control, ISI, plant operation and maintenance, and evaluation of the structural integrity of bolted joints.

Enhance the program to clarify that actual yield strength is used in selecting materials for low susceptibility to SCC, to clarify the prohibition on use of lubricants containing MoS2 for bolting at CNS, and to specify that proper gasket compression will be visually verified following assembly.

Enhance the program to include guidance from EPRI NP-5769 and EPRI TR- 104213 for replacement of non-Class 1 bolting and disposition of degraded structural bolting. [LRA Section B. 1.2]

NLS2008071-03 Implement the Buried Piping and Tanks Inspection January 18, 2014 Program. [LRA Section B.1.3]

NLS2008071-04 Enhance the BWR Vessel Internals Program to include January 18, 2014 actions to replace the plugs in the core plate bypass holes based on their qualified life. [LRA Section B.1.9]

NLS2008071-05 Enhance the Containment Inservice Inspection Program January 18, 2014 (Rev. 1) to add examination of required accessible areas using a visual examination method and surface areas not accessible on the side requiring augmented examination

NLS2013014 Attachment Page 15 of 25 Commitment Commitment Committed Date Number to be examined using an ultrasonic thickness measurement method in accordance with IWE-2500(b).

Enhance the program to document material loss in a local area exceeding 10% of the nominal containment wall thickness or material loss in a local area projected to exceed 10% of the nominal containment wall thickness before the next examination in accordance with IWE-3511.3 for volumetric inspections. [LRA Section B. 1.10]

To ensure the [drywell sand cushion drain] lines are obstruction free, a vacuum test of all eight sand bed drain lines will be performed prior to the period of extended operation (PEO). [RAI B. 1.10-1 ]

NLS2008071-06 Enhance the Diesel Fuel Monitoring Program to include January 18, 2014 (Rev. 1) the use of ASTM Standard D4057 for sampling of the diesel fire pump fuel oil storage tank.

Enhance the Diesel Fuel Monitoring Program to include periodic visual inspections and cleaning of the diesel fuel oil day tanks, the diesel fuel oil storage tanks, and the diesel fire pump fuel oil storage tank.

Enhance the program to include periodic multilevel sampling of the diesel fuel oil day tanks and the diesel fire pump fuel oil storage tank and to include periodic visual inspections as well as ultrasonic bottom surface thickness measurement of the diesel fuel oil day tanks, the diesel fuel oil storage tanks, and the diesel fire pump fuel oil storage tank.

Enhance the program to provide the acceptance criterion of < 10 mg/I for the determination of particulates in the diesel fire pump fuel oil storage tank.

Enhance the program to specify acceptance criterion for UT thickness measurements of the bottom surfaces of the diesel fuel oil day tanks, the diesel fuel oil storage tanks, and the diesel fire pump fuel oil storage tank. [LRA Section B. 1.12] The acceptance criteria for UT measurement of tank bottom thickness for the referenced diesel fuel tanks will be based on component as-built information adjusted for corrosion allowance. If

NLS2013014 Attachment Page 16 of 25 Commitment Commitment Committed Date Number measurements show less than the minimum nominal thickness less corrosion allowance, engineering will evaluate the measured thickness for acceptability under the corrective action program. Evaluation will include consideration of potential future corrosion to ensure that future inspections are scheduled before wall thickness becomes unacceptable. [RAI B. 1.12-1 ]

NLS2008071-07 Enhance the External Surfaces Monitoring Program to January 18, 2014 clarify that periodic inspections of systems in scope and subject to aging management review for license renewal in accordance with 10 CFR 54.4(a)(1) and (a)(3) will be performed. Inspections shall include areas surrounding the subject systems to identify hazards to those systems.

Inspections of nearby systems that could impact the subject systems will include SSCs that are in scope and subject to aging management review for license renewal in accordance with 10 CFR 54.4(a)(2). [LRA Section B.l.14]

NLS2008071-08 Consideration of the effect of the reactor water January 18, 2012 (Rev. 3) environment will be accomplished through implementation of one or more of the following options for the reactor vessel shell and lower head, feedwater nozzles, core spray nozzles and RHR pipe transition. In addition, NPPD will review design basis ASME Class I component fatigue evaluations to determine whether the CNS locations that have been evaluated for the effects of the reactor coolant environment on fatigue include the limiting component within the reactor coolant pressure boundary. If a more limiting component is identified, NPPD will determine the effects of the reactor coolant environment on its fatigue usage in accordance with the following.

1) Update the fatigue usage calculations using refined fatigue analyses to determine valid CUFs less than 1.0 when accounting for the effects of reactor water environment. This includes applying the appropriate F factors to valid CUFs determined using an NRC-approved version of the ASME code or NRC-approved alternative (e.g., NRC-approved code case).

NPPD will use NUREG/CR-6909 when determining the effects of the reactor coolant environment on the fatigue life of Alloy 600 or other nickel alloy

NLS2013014 Attachment Page 17 of 25 Commitment Commitment Committed Date Number components.

2) Repair or replace the affected locations before exceeding a CUF of 1.0.

The CNS Fatigue Monitoring Program will be enhanced to require the recording of each transient associated with the actuation of a safety/relief valve (SRV).

NLS2008071-09 Enhance the Fire Protection Program to explicitly state January 18, 2014 that the diesel fire pump engine sub-systems (including the fuel supply line) shall be observed while the engine is running. Acceptance criteria will be revised to verify that the diesel engine does not exhibit signs of degradation while running, such as excessive fuel oil, lube oil, or exhaust gas leakage.

Enhance the program to specify that diesel fire pump engine carbon steel exhaust components are inspected for evidence of corrosion or cracking at least once every five years.

Enhance the program to require visual inspections of fire damper framing to check for signs of degradation.

Enhance the program to require visual inspections of the Halon and CO2_fire suppression systems at least once every six months to check for signs of degradation in a manner suitable for trending.

Enhance the program to include inspection of cardox hose reels for corrosion. Acceptance criteria will be enhanced to verify no unacceptable corrosion.

Enhance the program to require visual inspection of concrete flood curbs, manways, hatches, and hatch covers on an 18-month basis to check for signs of degradation. [LRA Section B.1.16]

NLS2008071-10 Enhance the Fire Water System Program to include January 18, 2014 inspection of hose reels for corrosion. Acceptance criteria will be enhanced to verify no unacceptable corrosion.

Enhance the program to include visual inspection of

NLS2013014 Attachment Page 18 of 25 Commitment Commitment Committed Date Number spray and sprinkler system internals for evidence of corrosion. Acceptance criteria will be enhanced to verify no unacceptable corrosion.

Enhance the program to provide wall thickness evaluations of fire protection piping on system components using non-intrusive techniques (e.g.,

volumetric testing) to identify evidence of loss of material due to corrosion. These inspections will be performed before the end of the current operating term and at intervals thereafter during the period of extended operation. Results of the initial evaluations will be used to determine the appropriate inspection interval to ensure aging effects are identified prior to loss of intended function.

Enhance the program to add that a sample of sprinkler heads required for 10 CFR 50.48 will be tested or replaced using guidance of NFPA-25 (2002 edition),

Section 5.3.1.1.1, before the end of the 50-year sprinkler head service life and at 10-year intervals thereafter during the period of extended operation. [LRA Section B.l.17]

NLS2008071-11 Enhance the Flow-Accelerated Corrosion Program to January 18, 2014 (Rev. 1) update the System Susceptibility Analysis for this program to reflect the lessons learned and new technology that became available after the publication of NSAC-202L Revision 1. [LRA Section B. 1.18] Program guidance documents will be revised to stipulate requirements for training and qualification of non-CNS personnel involved in implementing the FAC program.

[RAI B. 1.18-3]

NLS2008071-12 Enhance the Inservice Inspection - IWF Program to January 18, 2014 include Class MC piping and component supports.

Enhance the program to clarify that the successive inspection requirements of IWF-2420 and the additional examination requirements of IWF-2430 will be applied.

[LRA Section B.1.20]

NLS2008071-13 Enhance the Masonry Wall Program to clarify that the January 18, 2014 control house - 161 kV switchyard is included in the program.

NLS2013014 Attachment Page 19 of 25 Commitment Commitment Committed Date Number Enhance the program to clarify that structures with conditions classified as "acceptable with deficiencies" or "unacceptable" shall be entered into the Corrective Action Program. [LRA Section B. 1.21 ]

NLS2008071-14 Implement the Metal-Enclosed Bus Inspection Program. January 18, 2014

[LRA Section B.1.22]

NLS2008071-15 Implement the Non-EQ Bolted Cable Connections January 18, 2014 Program. [LRA Section B.1.24]

NLS2008071-16 Implement the Non-EQ Inaccessible Medium-Voltage January 18, 2014 (Rev. 2) Cable Program. [LRA Section B.1.25]

Inspections for water accumulation in manholes containing in-scope inaccessible low-voltage and medium-voltage power cables will be performed at least once every two years.

In-scope inaccessible low-voltage power cables (cables with operating voltage from 480 V to 2 kV) that are subject to aging management review are included in this program. The in-scope inaccessible low-voltage power cables will be tested for degradation of the cable insulation prior to the period of extended operation and at least once every 10 years thereafter. A proven, commercially available test will be used for detecting deterioration due to wetting of the insulation system for all in-scope inaccessible low-voltage power cables (480 V to 2 kV). [RAI B.1.25-2, Rev. 0]

Condition-based inspections of [the manhole not dewatered by a sump pump] will be performed based on:

a) potentially high water table conditions, as indicated by high river level, and b) after periods of heavy rain.

NLS2008071-17 Implement the Non-EQ Instrumentation Circuits Test January 18, 2014 Review Program. [LRA Section B. 1.26]

NLS2008071-18 Implement the Non-EQ Insulated Cables and January 18, 2014 Connections Program. [LRA Section B. 1.27]

NLS2008071-19 Enhance the Oil Analysis Program to include viscosity, January 18, 2014 neutralization number, and flash point determination of oil samples from components that do not have regular oil changes, along with analytical ferrography and elemental analysis for the identification of wear particles.

Enhance the program to include screening for particulate

NLS2013014 Attachment Page 20 of 25 Commitment Commitment Committed Date Number and water content for oil replaced periodically.

Enhance the program to formalize preliminary oil screening for water and particulates and laboratory analyses, including defined acceptance criteria for all components included in the scope of the program. The program will specify corrective actions in the event acceptance criteria are not met. [LRA Section B. 1.28]

NLS2008071-20 Implement the One-time Inspection Program. [LRA January 18, 2014 Section B. 1.29]

NLS2008071-21 Implement the One-time Inspection - Small-Bore Piping January 18, 2014 Program. [LRA Section B. 1.30]

NLS2008071-22 Enhance the Periodic Surveillance and Preventive January 18, 2014 Maintenance Program to include the activities described in the table provided in the program description of LRA Section B. 1.31.

For each activity that refers to a representative sample, a representative sample will be selected for each unique material and environment combination. The sample size will be determined in accordance with Chapter 4 of EPRI 107514, Age-Related Degradation Inspection Method and Demonstration, which outlines a method to determine the number of inspections required for 90%

confidence that 90% of the population does not experience degradation. [LRA Section B. 1.31 ]

NLS2008071-23 Enhance the Reactor Vessel Surveillance Program to add January 18, 2014 (Rev. 1) that if the CNS license renewal capsule is removed from the reactor vessel without the intent to test it, the capsule will be stored in a manner which maintains it in a condition which would permit its future use, including during the period of extended operation, if necessary.

Enhance the program to ensure that the additional requirements that are specified in the final NRC safety evaluation for BWRVIP- 116 will be addressed before the period of extended operation. [LRA Section B.1.33]

NLS2008071-24 Implement the Selective Leaching Program. [LRA January 18, 2014 Section B. 1.34]

NLS2008071-25 Revise procedures to ensure the structures described in January 18, 2014 (and Supplement the LRA Section B. 1.36 table are included in the

1) program.

NLS2013014 Attachment Page 21 of 25 Commitment Commitment Committed Date Number Revise procedures to ensure the commodities described in the LRA Section B. 1.36 table are inspected, as applicable.

Enhance the Structures Monitoring Program to add guidance to inspect inaccessible concrete areas that are submerged or below grade which may become exposed due to excavation, construction or other activities. CNS will also inspect inaccessible concrete areas when observed conditions in accessible areas exposed to the same environment indicate that significant concrete degradation is occurring.

Enhance the Structures Monitoring Program to perform inspections of elastomers (seals, gaskets, and roof elastomers) to identify cracking and change in material properties.

Enhance the Structures Monitoring Program to perform an engineering evaluation of groundwater samples to assess aggressiveness of groundwater to concrete on a periodic basis (at least once every five years). CNS will obtain samples from a well that is representative of the groundwater surrounding below-grade site structures.

Samples will be monitored for sulfates, pH and chlorides.

Enhance the Structures Monitoring Program to add guidance to perform visual structural examinations of wood to identify loss of material and change in material properties.

Enhance the Structures Monitoring Program to add guidance to perform visual structural monitoring of the oil tank bunker crushed rock fill to identify loss of form.

Enhance the Structures Monitoring Program to clarify that structures with conditions classified as "acceptable with deficiencies" or "unacceptable" shall be entered into the Corrective Action Program.

[LRA Section B.1.36]

Supplement 1: NPPD will enhance the Structures

NLS2013014 Attachment Page 22 of 25 Commitment Commitment Committed Date Number Monitoring Program procedure to: a) include more detailed guidance on acceptance criteria (using ACI documents ACI 201.1 R-92, and ACI 349.3R-96) to preclude potential inconsistent application of inspection criteria, and b) provide more detailed guidance on trending.

NLS2008071-26 Implement the Thermal Aging and Neutron Irradiation January 18, 2014 Embrittlement of Cast Austenitic Stainless Steel (CASS)

Program. [LRA Section B.1.37]

NLS2009100-1 NPPD will submit (or otherwise make available for NRC January 18, 2012 (Rev. 1) review and approval) a complete proprietary version of an analysis of the core plate rim bolts that demonstrates their adequacy considering potential loss of pre-load through the period of extended operation. This will be provided at least two years prior to the period of extended operation. NPPD expects to satisfy this commitment using the generic analysis being developed by the BWRVIP, provided that it is applicable to CNS.

NLS2009100-2 NPPD will confirm that there are no niobium-bearing January 18, 2012 CASS materials used for vessel internal components, or provide a flaw evaluation methodology for niobium-bearing CASS internal components for staff review and approval. This will be provided at least two years prior to the period of extended operation. NPPD expects to implement this commitment by a generic analysis sponsored by the BWRVIP in collaboration with EPRI.

NLS2009100-3 NPPD will confirm there are no CASS materials with January 18, 2012 greater than 25% ferrite or provide a flaw evaluation methodology for CASS internal components with greater than 25% ferrite for staff review and approval. This will be provided at least two years prior to the period of extended operation. NPPD expects to implement this commitment by a generic analysis sponsored by the BWRVIP in collaboration with EPRI.

NLS2010019-01 NPPD will implement the plant modifications designed January 18, 2014 to correct the main steam line support discrepancies noted in RAI B. 1.20-1 prior to the period of extended operation.

NLS2010019-02 To verify there is no loss of neutron absorbing capacity January 18, 2014 of the Boral material, NPPD will supplement the Neutron Absorber Monitoring Program to include neutron attenuation testing of representative sample coupons.

Acceptance criteria will be that measured or analyzed

NLS2013014 Attachment Page 23 of 25 Commitment Commitment Committed Date Number I neutron-absorber capacity required to ensure the 5%

subcriticality margin for the spent fuel pool is maintained assuming neutron absorber degradation is the only mechanism. Results not meeting the acceptance criteria will be entered into the CNS Corrective Action Program for disposition. One test will be performed prior to the period of extended operation (PEO), with another confirmatory test performed within the first 10 years of the PEO.

NLS2010044-01 During the period of extended operation, NPPD will January 18, 2014 perform periodic volumetric examinations of Class 1 socket weld connections. Three Class 1 socket welds will receive volumetric examination during each 10 year ISI interval. The examination method will be a volumetric examination of the base metal 1/2"beyond the toe of the socket fillet weld which allows for the use of qualified ultrasonic examination techniques as close as possible to the fillet weld. The volumetric examinations will be performed by certified examiners following guidelines set forth in ASME Section V, Article 4 consistent with the guidelines for examination volume of 1/2" beyond the toe of the weld as established in MRP- 146, "Materials Reliability Program: Management of Thermal Fatigue in Normally Stagnant Non-Isolable Reactor Coolant System Branch Lines."

NLS2010050-01 NPPD will recoat the wetted portion of the CNS torus January 18, 2017 within three years after entering the PEO.

NLS2010050-02 NPPD will remove sludge and inspect the wetted portion January 18, 2017 of the torus every refueling outage from now until the torus is recoated.

NLS2010050-03 NPPD will complete an analysis following each torus January 18, 2017 inspection that demonstrates that the projected pitting of the torus up to the time that the torus is recoated, will not result in reduction of torus wall thickness below minimum acceptable values.

NLS2010050-04 The Buried Piping and Tanks Inspection Program will January 18, 2014 (Rev. 1) include a risk assessment of in-scope buried piping and tanks that includes consideration of the impacts of buried piping or tank leakage and of conditions affecting the risk for corrosion. The piping segments and tanks will be classified as having a high, medium or low impact of leakage based on items such as the safety class, the hazard posed by fluid contained in the piping, and the

NLS2013014 Attachment Page 24 of 25 Commitment Commitment Committed Date Number impact of leakage on plant operation. The corrosion risk will be determined through consideration of items such as piping or tank material, soil resistivity, drainage, the presence of cathodic protection, and the type of coating.

During the period of extended operation (PEO),

examinations of in-scope buried piping and tanks will be performed at a frequency of at least once every 10 years.

Examinations of buried piping and tanks during the PEO will consist of visual inspections as well as non-destructive examination (e.g. ultrasonic and guided wave) to perform an overall assessment of the condition of buried piping and tanks. The examinations will include visual inspection of at least eight feet of excavated piping on at least three high-risk in-scope systems, and will examine a minimum of 2% of the total linear feet of high-risk in-scope buried piping during each 10-year period.

NLS2010050-05 Prior to the PEO, NPPD will inspect buried piping and January 18, 2014 (Rev. 1) tanks in six systems. These systems are diesel generator fuel oil (DGFO), standby gas treatment, high pressure coolant injection (HPCI), service water (SW), condensate makeup (CM), and plant drains. Direct or opportunistic visual inspections of excavated piping will be performed for DGFO, standby gas treatment, plant drains, SW, and CM systems. NPPD will use a non-visual examination method for the emergency condensate storage tank supply to HPCI piping due to its lack of ready access for excavation. In addition, non-visual examination methods may be employed for buried piping in other systems where the piping configuration allows for effective assessment via such methods. The total linear feet of piping inspected using all of the methods discussed above will be a minimum of 2% of all high-risk in-scope buried piping.

NLS2010050-06 Irrespective of risk ranking, NPPD will inspect at least January 18, 2014 one segment of buried piping in each of three in-scope systems, service water, fire protection, and condensate makeup.

NLS2010062-01 NPPD will upgrade the site cathodic protection system January 18, 2014 prior to the period of extended operation for in-scope piping and buried tanks.

NLS2010062-02 The Buried Piping and Tanks Inspection Program will be January 18, 2014 revised to ensure that during the PEO the cathodic

NLS2013014 Attachment Page 25 of 25 Commitment Commitment Committed Date Number protection system will be maintained and annually tested in accordance with NACE standards RP0285-2002 and SPO 169-2007 with a minimum system availability of 90%. If 90% availability is not maintained, the condition will be entered into the corrective action program to evaluate the impact and effect corrective action.