Text

Request for Extension of Enforcement Discretion
	ML082820327
Person / Time
Site:	Callaway
Issue date:	09/29/2008
From:	Graessle L; AmerenUE
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	COMSECY-08-022, ULNRC-05541
	Download: ML082820327 (17)
	v • d • e

AmerenUE PO Box 620 Cal/awayPlant Fulton, MO 65251 September 29, 2008 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Mail Stop P1-137 Washington, DC 20555-0001 ULNRC-05541 7Ameren v" Ladies and Gentlemen:

/#1X (UII~ DOCKET NUMBER 50-483 CALLAWAY PLANT UNIT 1 UNION ELECTRIC CO.

FACILITY OPERATING LICENSE NPF-30 REQUEST FOR EXTENSION OF ENFORCEMENT DISCRETION In accordance with COMSECY-08-022, Union Electric Co. (dba AmerenUE),

the licensee for Callaway Plant Unit 1, respectfully requests that the expiration date for enforcement discretion regarding transition to NFPA 805 be extended to 6 months past the milestone date of approval of the NRC's safety evaluation for the license amendment to be issued for the second pilot plant.

In 2005, AmerenUE decided to transition the fire protection licensing basis for Callaway Plant to the risk-informed, performance-based alternative in 10 CFR 50.48(c). AmerenUE submitted a letter of intent to the NRC on December 2, 2005 (ML053420340) for Callaway Plant to adopt NFPA 805 in accordance with 10 CFR 50.48(c).

By letter dated January 31, 2006 (ML053530018), the NRC acknowledged receipt of the letter of intent, but did not specifically grant a three-year enforcement discretion period requested in the letter of intent. The NRC granted a third year of enforcement discretion by Federal Register Notice 71 FR 19905 dated April 18, 2006.

In accordance with NRC Enforcement Policy, the enforcement discretion period will continue until the NRC approval of the license amendment request is completed.

In accordance with COMSECY-08-022, AmerenUE is requesting that enforcement discretion be extended for Callaway Plant until 6 months after the Safety Evaluation is issued for the second pilot plant. Substantial progress toward completion of NFPA 805 transition is discussed in the attachment to this letter. The a subsidiary of Ameren Corporation

ULNRC-05541 September 29, 2008 Page 2 attachment provides the information requested by COMSECY-08-022 as applicable to Callaway Plant.

Please contact Mr. Scott Maglio at (573) 676-8719 if there are any questions regarding this submittal.

Sincerely, Mr. Luke H. Graessle Manager, Regulatory Affairs DJW/nls Attachment

ULNRC-05541 September 29, 2008 Page 3 cc: Mr. Elmo E. Collins, Jr.

Regional Administrator U.S. Nuclear Regulatory Commission Region IV 612 E. Lamar Blvd., Suite 400 Arlington, TX 76011-4125 Senior Resident Inspector Callaway Resident Office U.S. Nuclear Regulatory Commission 8201 NRC Road Steedman, MO 65077 Mr. Mohan C. Thadani (2 copies)

Licensing Project Manager, Callaway Plant Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop O-8G14 Washington, DC 20555-2738 Director, Office of Enforcement U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

ULNRC-05541 September 29, 2008 Page 4 Index and send hardcopy to QA File A160.0761 Hardcopy:

Certrec Corporation 4200 South Hulen, Suite 422 Fort Worth, TX 76109 (Certrec receives ALL attachments as long as they are non-safeguards and may be publicly disclosed.)

Electronic distribution for the following can be made via Other Situations ULNRC Distribution:

A. C. Heflin F. M. Diya T. E. Herrmann L. H. Graessle S. A. Maglio S. L. Gallagher L. M. Belsky (NSRB)

T. B. Elwood D. J. Walker M. K. Fletcher G. A. Harris S. L. Abel L. E. Eitel S. G. Cantrell Ms. Diane M. Hooper (WCNOC)

Mr. Dennis Buschbaum (TXU)

Mr. Scott Bauer (Palo Verde)

Mr. Stan Ketelsen (PG&E)

Mr. Scott Head (STP)

Mr. John O'Neill (Pillsbury Winthrop Shaw Pittman LLP)

Missouri Public Service Commission

Attachment to ULNRC-05541 Page 1 of 13 NFPA 805 Transition Progress COMSECY-08-022 requested information from licensees on demonstrated progress toward completion of NFPA 805 transition, as a condition of granting an extension of enforcement discretion. Callaway has made substantial progress in its NFPA 805 transition effort. Callaway personnel have participated in the NEI NFPA 805 and Fire PRA Task Forces and the Frequently Asked Question'(FAQ) process. They have made significant progress in performing the work activities for the transition effort in an effective manner, while utilizing the lessons learned from the Pilot Plant process.

A project milestone schedule is attached. In addition, a detailed Callaway NFPA 805 Transition schedule is available onsite for review. The following table represents the major work activities for the Callaway Plant associated with NFPA 805 Transition. The "LAR/TR Reference" column refers to the referenced section of the Pilot Plant NFPA 805 LAR/Transition Reports that document the results of the NFPA 805 Transition. As shown in the table below, Callaway has demonstrated substantial progress in the NFPA 805 transition process.

LAR/TR Approximate Current Milestone Reference Topic % Complete Completion Date N/A Safe shutdown Analysis Update 82%' 02/15/09 (pre-requisite task) 4.1 Fundamental FP Program 91%1"2 12/12/08 Attachment A Elements and Minimum Design Requirements (Table B-i) 4.2.1 Nuclear Safety Capability 80%1 01/31/09 Attachment B Assessment - Methodology (Table B-2)

Section 4.2.2 Nuclear Safety Capability 60%1 02/15/09 Attachment C Assessment - Fire Area - by -

Fire Area Review (Table B-3)

Section 4.3 Non Power Operational Modes 58%3 12/26/08 Attachment D (Table F- 1)

Section 4.4 Radioactive Release (Table G- 98%6 12/15/08 Attachment E 1) 4.5.1 Fire PRA Development 72%4 03/2/09

Attachment to ULNRC-05541 Page 2 of 13 Note 1 - These tables contain open items that may require completion of the fire PRA Note 2 - Includes B-I Table, EEEE Reviews, and NFPA Code Compliance Calculations Note 3 - Schedule impacted by FAQ 07-0040, Clarification on non-power operations Note 4 - Does not include Peer Review scheduled for 3/09 Note 5 - May require fire PRA completion to support evaluation of recovery actions Note 6 - Re-opened task to incorporate NRC comments to Pilot Plant Physical Modifications Callaway has identified physical modifications that will be required as part of the transition effort. However, no physical modifications have been performed to address any fire protection issues to date. Any modifications required will be identified in the license amendment request submittal letter, and that letter will provide a schedule and commitments for any such modifications.

NFPA 805 Monitoring Program COMSECY-08-022 requested that as part of the status report for demonstrating substantial progress on the transition, the status of the NFPA 805 monitoring program be provided. The NFPA 805 monitoring program is highly dependent on fire PRA results as well as the traditional fire protection program issues. Therefore, the monitoring program is one of the last items to be completed during the transition effort. This is consistent with the manner in which both pilot plants are proceeding.

Information Available On Site In addition to the information contained in this attachment, COMSECY-08-022 requested that additional information be compiled / documented on site available for inspection/audit.

All fire protection-related noncompliances have been entered into the site corrective action program, and appropriate compensatory measures in accordance with the existing fire protection program have been implemented. This information is contained within the site's corrective action program and is available for review.

Unallowed Operator Manual Actions (those designated as bin H under NEI 04-02) which are being considered compensatory measures, comply with RIS 2005-07. The feasibility of the Operator Manual Actions has been reviewed and any such action being considered as a compensatory measure is considered feasible. The feasibility review for these actions was done based on the existing safe shutdown analysis.

Note that recovery action feasibility will require modification and/or revision due to the information generated by the NFPA 805 transition effort. That feasibility review can not be completed until most of the other transition efforts are complete since the information

Attachment to ULNRC-05541 Page 3 of 13 generated during the transition effort may change which recovery actions are required or may change the timing required for these or recovery actions. Some of that effort is tied to the completion of the fire PRA. Therefore, the feasibility of some of these actions will be reviewed at the completion of the fire PRA effort. This is consistent with the pilot plants.

Attachment to ULNRC-05541 Page 4 of 13 PROJECT MILESTONE SCHEDULE (9 Pages)