NOC-AE-09002389, License Amendment Request for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26, Using the Consolidated Line Item Improvement Process

License Amendment Request for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26, Using the Consolidated Line Item Improvement Process

ML090690687
Person / Time
Site:	South Texas
Issue date:	03/03/2009
From:	Bowman C South Texas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-09002389
Download: ML090690687 (15)

Text

Nuclear Operating Company South Texas ProectElectnc GeneratinB Station P.O Box 289 Wadsworth. Texas 77483 ,

March 3, 2009 NOC-AE-09002389 File No.: G25 10CFR50.90 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499 License Amendment Request License Amendment Request for Adoption of TSTF-5 11, Rev. 0, "Eliminate Working Hour Restrictions From TS 5.2.2 To Support Compliance With 10 CFR Part 26."

Using the Consolidated Line Item Improvement Process In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10 CFR), STP Nuclear Operating Company (STPNOC) is submitting a request for an amendment to the Technical Specifications (TS) for South Texas Project (STP) Operating Licenses NPF-76 and NPF-80.

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision'O to Technical Specification' Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-511, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." The only variation proposed to TSTF-511 is a change to the applicable TS section from TS 5.2.2 to TS 6.2.2. The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the consolidated line item improvement process (CLIIP). provides an evaluation of the proposed change. Attachment 2 provides the existing TS pages marked up to show the proposed change. Attachment 3 provides the proposed TS changes in final typed format. Attachment 4 provides one regulatory commitment.

STI: 32426863

NOC-AE-09002389 Page 2 of 3 STPNOC requests approval of the proposed license amendment by 15 August, 2009, to support implementation of TS changes concurrent with implementation of the new 10 CFR 26, Subpart I requirements prior to the October 1, 2009 deadline.

This letter contains one regulatory commitment as identified in Attachment 4.

In accordance with 10 CFR 50.91(b), STPNOC is notifying the State of Texas of this request for license amendment by providing a copy of this letter and its attachments.

If you should have any questions regarding this submittal, please contact Jamie Paul at (361) 972-7344 or myself at (361) 972-7454.

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

Executed on /9drDate 3.cOc .

4 Date' Charles T. Bowman General Manager, Oversight JLP Attachments:

1. Evaluation of Proposed Change

2. Proposed Technical Specification Change (Mark-Up)

3. Proposed Technical Specification Change (Re-Typed)

4. List of Regulatory Commitments

NOC-AE-09002389 Page 3 of 3 cc:

(paper copy) (electronic copy)

Regional Administrator, Region IV A. H. Gutterman, Esquire U. S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP 612 East Lamar Blvd, Suite 400 Arlington, Texas 76011-4125 Mohan C. Thadani U. S. Nuclear Regulatory Commission Mohan C. Thadani Kevin Howell Project Manager Catherine Callaway U.S. Nuclear Regulatory Commission Jim von Suskil One White Flint North (MS 7 D1) NRG South Texas LP 11555 Rockville Pike Rockville, MD 20852 Senior Resident Inspector Ed Alarcon U. S. Nuclear Regulatory Commission J. J. Nesrsta P. 0. Box 289, Mail Code: MN 16 R. K. Temple Wadsworth, TX 77483 Kevin Polio City Public Service C. M. Canady Jon C. Wood City of Austin Cox Smith Matthews Electric Utility Department 721 Barton Springs Road C. Kirksey Austin, TX 78704' City of Austin Richard A. Ratliff Bureau of Radiation Control Texas Department of State Health Services 1100 West 49th Street Austin, TX 78756-3189

NOC-AE-09002389 Page 1 of 6 Attachment 1 Evaluation of Proposed Change

NOC-AE-09002389 Page 2 of 6 License Amendment Request for Adoption of TSTF-511, Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26."

1.0 Description 2.0 Proposed Change 3.0 Background 4.0 Technical Analysis 5.0 Regulatory Safety Analysis 5.1 No Significant Hazards Determination 5.2 Applicable Regulatory Requirements/Criteria 6.0 Environmental Consideration 7.0 References

1.0 DESCRIPTION

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." Differences between the proposed plant specific TS changes, and the changes proposed by TSTF-511 are listed in section 2.0.

The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the consolidated line item improvement process (CLIIP).

2.0 PROPOSED CHANGE

Consistent with the NRC approved Revision 0 of TSTF-5 11, the proposed TS changes delete those portions of TS superseded by 10 CFR Part 26, Subpart I.

This application is being made in accordance with the CLIIP. STPNOC is proposing one variation or deviation from the TS changes described in TSTF-51 1, Revision 0, or the NRC staffs model safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability.

NOC-AE-09002389 Page 3 of 6 The only variation proposed to TSTF-511 is a change to the applicable TS section from TS 5.2.2 to TS 6.2.2. This change is necessitated by STPNOC's retention of the original TS and associated TS numbering. This numbering change is administrative and should result in a similar numbering change to the NRC staffs model Safety Evaluation.

3.0 BACKGROUND

The NRC issued a Federal Register notice (73 FR 16966, March 31, 2008) of the issuance of a final rule that amended 10 CFR Part 26. The revised regulations in 10 CFR Part 26, Subpart I supersede working hour restrictions contained in TS 6.2.2 paragraph d.

The background for this application is adequately addressed by the NRC Notice of Availability published on December 30, 2008 (73 FR 79923).

4.0 TECHNICAL ANALYSIS

STPNOC has reviewed the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. STPNOC has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to South Texas Project (STP) Units 1 & 2.

10 CFR Part 26, Subpart I, supersedes existing worker fatigue guidance. 10 CFR Part 26, Subpart I, distinguishes between work hour controls and fatigue management and strengthens the requirements for both. Under the new rule, work hour restrictions include not only work hour limitations for rolling 24-hour, 48-hour, and 7-day periods, but also include a required minimum break between work periods and varying required minimum days off. Additionally, Subpart I confines the use of waivers (deviations from restrictions) to situations where overtime is necessary to mitigate or prevent a condition adverse to safety or necessary to maintain the security of the facility. Subpart I also strengthens reporting requirements. Finally, the new rule's work hour control scope includes certain operating and maintenance personnel, as well as individuals directing those operating and maintenance personnel, health physics and chemistry personnel who are a part of the on-site emergency response organization minimum shift complement, the fire brigade member who is responsible for understanding the effects of fire and fire suppressants on safe shutdown capability, and certain security personnel.

The proposed change removes working hour limits imposed in the TS in order to support compliance with 10 CFR Part 26, Subpart I. Work hour controls and fatigue management requirements have been incorporated into the NRC's regulations; therefore, it is unnecessary to have work hour control requirements in the TS.

Removal of the TS requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements prior to the October 1, 2009 deadline.

Along with this license amendment request, STPNOC has submitted a commitment to comply with the approved 10 CFR Part 26 concurrently with the implementation of the TS change.

NOC-AE-09002389 Page 4 of 6 5.0 REGULATORY SAFETY ANALYSIS 5.1 NO SIGNIFICANT HAZARDS DETERMINATION STPNOC has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. STPNOC has concluded that the determination presented in the notice is applicable to STP Units 1 & 2.

STPNOC has evaluated the proposed changes to the TS using the criteria in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration. An analysis of the issue of no significant hazards consideration is presented below:

Criterion 1: The Proposed Change Does Not Involve a Significant Increase in the Probability or Consequences of an Accident Previously Evaluated The proposed change removes TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Removal of the TS requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements.

The proposed change does not impact the physical configuration or function of plant structures, systems, or components (SSCs) or the manner in which SSCs are operated, maintained, modified, tested, or inspected. Worker fatigue is not an initiator of any accident previously evaluated. Worker fatigue is not an assumption in the consequence mitigation of any accident previously evaluated.

Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Criterion 2: The Proposed Change Does Not Create the Possibility of a New or Different Kind of Accident From Any Accident Previously Evaluated The proposed change removes TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Working hours will continue to be controlled in accordance with NRC requirements. The new rule allows for deviations from controls to mitigate or prevent a condition adverse to safety or as necessary to maintain the security of the facility. This ensures that the new rule will not unnecessarily restrict working hours and thereby create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change does not alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or effect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

NOC-AE-09002389 Page 5 of 6 Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

Criterion 3: The Proposed Change Does Not Involve a Significant Reduction in a Margin of Safety The proposed change removes TS restrictions on working hours for personnel who perform safety related functions. The TS restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. The proposed change does not involve any physical changes to plant or alter the manner in which plant systems are operated, maintained, modified, tested, or inspected. The proposed change does not alter the manner in which safety limits, limiting safety system settings or limiting conditions for operation are determined. The safety analysis acceptance criteria are not affected by this change. The proposed change will not result in plant operation in a configuration outside the design basis. The proposed change does not adversely affect systems that respond to safely shutdown the plant and to maintain the plant in a safe shutdown condition.

Removal of plant-specific TS administrative requirements will not reduce a margin of safety because the requirements in 10 CFR Part 26 are adequate to ensure that worker fatigue is managed.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, STPNOC concludes that the proposed change 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.

5.2 APPLICABLE REGULATORY REQUIREMENTS/CRITERIA A description of the proposed TS change and its relationship to applicable regulatory requirements was provided in the NRC Notice of Availability published on December 30, 2008 (73 FR 79923). STPNOC has reviewed the NRC staffs model SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability and concluded that the regulatory evaluation section is applicable to STP Units 1 and 2.

The proposed change eliminates the plant-specific TS administrative controls on working hours. The TS guidance has been superseded by 10 CFR Part 26.

10 CFR Part 26, Subpart I, "Managing Fatigue,".contains requirements for managing worker fatigue at operating nuclear power plants.

10 CFR 50.36 provides, among other things, the regulatory requirements for the content in the Administrative Controls section of the TS. The inclusion of requirements to control working hours and manage fatigue is not required to be in the Administrative Controls by 10 CFR Part 50.36. Because the requirement to control working hours and manage

NOC-AE-09002389 Page 6 of 6 fatigue is provided in 10 CFR Part 26, Subpart I, it is unnecessary for the TS to contain similar controls.

6.0 ENVIRONMENTAL CONSIDERATION

STPNOC has reviewed the environmental evaluation included in the safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIJP Notice of Availability. STPNOC has concluded that the staffs findings presented in that evaluation are applicable to STP Units I & 2. The proposed amendment changes recordkeeping, reporting, or administrative procedures. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b) no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

7.0 REFERENCES

1. Federal Register Notice, Final Rule 10 CFR Part 26 published on March 31, 2008 (73 FRI 6966).

2. TSTF-5 11, Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." (ADAMS Accession Number ML082610292)

3. Federal Register Notice, Notice of Availability published on December 30, 2008 (73 FR 79923).

NOC-AE-09002389 Page 1 of 2 Attachment 2 Proposed Technical Specification Change (Mark-Up)

Affected Page(s): ' 6-3

NOC-AE-090 0 2 3 8 9 Page 2 of 2 6.0 ADMINISTRATIVE CONTROLS 6.2 Organization 6.2.2 Unit Staff (continued) c-Aradiation-prote-ctior-te-chnician shall be on site when fuel is in the reactor. ,The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence, provided immediate action is taken to fill the-required position.

,d. mAdinistrative controls shall be developed and implemented to limit the working hours'nit staff who perform safety-related functions (e.g., licensed SR licensed RDs.,adiation protection technicians, reactor plant operator nd key maintenance pe nel).

The controls shall include elines on working hour at ensure adequate shift coverage shall be maintained wi t routine he use of' overtime.

Any deviafion from these guidelines uthorized In advance by the plant.

manager or the plant manager's sinee, in ac dance with approved administrative proceduresy' documentation of the is for granting the deviation.

Controls s e included in the procedures to require that a periodic" ePendent revie conducted to ensure that excessive hours have not been assign tine deviation from the working hour guidelines shall not be authoriized.'_

e. The individual to whom the shift managers directly report shall hold an.SRO license.

f. The Shift Technical Advisor (STA) shall provide advisory technical support to the.

shift manager in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. In addition, the STA shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift (Generic Letter 86-04). This position may also be filled by the shift manager or an individual with an SRO license provided that person meets the qualifications specified by the Commission Policy Statement.

6.2.3 Not Used 6.2.4 Not Used

'SOUTH TEXAS - UNITS 1 & 2 6-3 Unit 1 -"Amendment No. 3 Unit 2 - Amendment No. 4-39

NOC-AE-09002389 Page 1 of2 Attachment 3 Proposed Technical Specification Change (Re-Typed)

Affected Page(s): 6-3

NOC-AE-09002389 Page 2 of 2 6.0 ADMINISTRATIVE CONTROLS 6.2 Organization 6.2.2 Unit Staff (continued)

c. A radiation protection technician shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence, provided immediate action is taken to fill the required position.

d. Not Used.

e. The individual to whom the shift managers directly report shall hold an SRO license.

f. The Shift Technical Advisor (STA) shall provide advisory technical support to the shift manager in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. In addition, the STA shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift (Generic Letter 86-04). This position may also be filled by the shift manager or an individual with an SRO license provided that person meets the qualifications specified by the Commission Policy Statement.

6.2.3 Not Used.

6.2.4 Not Used.

SOUTH TEXAS - UNITS 1 & 2 6-3 Unit 1 - Amendment No. 3, -- 29--, 151 Unit 2 - Amendment No. 29

,,* 39

NOC-AE-09002389 Page 1 of 2 Attachment 4 List of Regulatory Commitments

NOC-AE-09002389 Page 2 of 2 Commitment The following table identifies the actions in this document to which the STP Nuclear Operating Company has committed. Statements in this submittal with the exception of those in the table below are provided for information purposes and are not considered commitments. Please direct questions regarding this commitment to Jamie L. Paul at (361) 972-7344.

Commitment Expected CR Action No.

Completion Date Removal of the plant-specific TS requirements will be performed concurrently with the implementation 1 October, 2009 09-1587-2 of the 10 CFR Part 26, Subpart I requirements. This commitment will be completed no later than the implementation deadline of October 1, 2009.