View source for L-20-163, License Amendment Request to Incorporate the Applicable Standard Technical Specification 5.2.2, Unit Staff, Into the Facility Technical Specifications

{{Adams
| number = ML20209A540
| issue date = 07/27/2020
| title = License Amendment Request to Incorporate the Applicable Standard Technical Specification 5.2.2, Unit Staff, Into the Facility Technical Specifications
| author name = Benyak D
| author affiliation = Energy Harbor Nuclear Corp
| addressee name = 
| addressee affiliation = NRC/Document Control Desk, NRC/NRR
| docket = 05000334, 05000346, 05000412
| license number = DPR-066, NPF-003, NPF-073
| contact person = 
| case reference number = L-20-163
| document type = Letter type:L, License-Application for Facility Operating License (Amend/Renewal) DKT 50
| page count = 16
| project = 
| stage = Request
}}

=Text=
{{#Wiki_filter:Energy Harbor Nuclear Corp.
168 E. Market Street Akron, Ohio 44308 Darin M. Benyak                                                                     330-436-1380 Vice President, Fleet Nuclear Operations July 27, 2020 L-20-163                                                                      10 CFR 50.90 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001

==SUBJECT:==

Beaver Valley Power Station, Unit Nos. 1 and 2 Docket No. 50-334, License No. DPR-66 Docket No. 50-412, License No. NPF-73 Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 License Amendment Request to Incorporate the Applicable Standard Technical Specification 5.2.2, Unit Staff, into the Facility Technical Specifications Pursuant to 10 CFR 50.90, Energy Harbor Nuclear Corp. is submitting a request for amendment of the Renewed Operating Licenses DPR-66, NPF-73, and NPF-3 for the Beaver Valley Power Station, Unit Nos. 1 and 2, and Davis-Besse Nuclear Power Station, Unit No. 1, respectively. The proposed changes will revise the current facility Technical Specification 5.2.2.e to reflect the applicable facility Standard Technical Specifications. Additionally, a position title change will be made to reflect a more generic position title.
The Energy Harbor Nuclear Corp. evaluation of the proposed changes is enclosed. The Nuclear Regulatory Commission (NRC) staff approval of the proposed amendment is requested by July 31, 2021. The amendment will be implemented within 90 days of approval.
This letter contains no new regulatory commitments. If you have any questions regarding this submittal, please contact Mr. Phil H. Lashley, Manager - Fleet Licensing at (330) 696-7208.

Beaver Valley Power Station , Unit Nos. 1 and 2 Davis-Besse Nuclear Power Station, Unit No. 1 L-20-163 Page2 I declare under penalty of perjury that the foregoing is true and correct. Executed on July ')..l~ 2020.
':b~~~L Darin M. Benyak

==Enclosure:==

Evaluation of the Proposed Changes cc:   NRC Region I Administrator NRC Region Ill Administrator NRC Project Manager - Energy Harbor Nuclear Corp. Fleet NRC Project Manager- Beaver Valley NRC Project Manager- Davis-Besse NRC Resident Inspector - Beaver Valley Power Station NRC Resident Inspector - Davis-Besse Nuclear Power Station Director BRP/DEP Site Representative BRP/DEP Branch Chief, Ohio Emergency Management Agency, State of Ohio (NRC Liaison)
Utility Radiological Safety Board

Evaluation of the Proposed Changes Page 1 of 8

==Subject:==
License Amendment Request to Incorporate the Standard Technical Specification 5.2.2, Unit Staff, into the Facility Technical Specifications 1.0 

==SUMMARY==
DESCRIPTION 2.0 DETAILED DESCRIPTION 2.1 Current Technical Specification Requirements 2.2 Reason for the Proposed Changes 2.3 Description of the Proposed Changes

==3.0 TECHNICAL EVALUATION==

==4.0 REGULATORY EVALUATION==

4.1 Applicable Regulatory Requirements/Criteria 4.2 No Significant Hazards Consideration Analysis 4.3 Conclusions

==5.0 ENVIRONMENTAL CONSIDERATION==

ATTACHMENTS:
: 1. Beaver Valley Power Station, Unit Nos. 1 and 2 Technical Specification Page Markups
: 2. Davis-Besse Nuclear Power Station, Unit No. 1 Technical Specification Page Markups

Page 2 of 8 1.0 

==SUMMARY==
DESCRIPTION This evaluation supports a request to amend the Technical Specifications of Renewed Operating Licenses DPR-66 for Beaver Valley Power Station, Unit No. 1; NPF-73 for Beaver Valley Power Station, Unit No. 2; and NPF-3 for Davis-Besse Nuclear Power Station, Unit No. 1.
The proposed amendment would change the Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS) and the Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS)
Technical Specification (TS) 5.2, Unit Staff, Subpart 2.e to align with the standard technical specifications (STS) for each type of facility. Additionally, a title listed in the STS will be revised to reflect a more generic title. These changes do not alter any technical requirements and are administrative in nature. provides the existing BVPS technical specification pages marked to show the proposed changes. Attachment 2 provides the existing DBNPS technical specification pages marked to show the proposed changes.
2.0 DETAILED DESCRIPTION 2.1 Current Technical Specification Requirements The current BVPS TS 5.3, Unit Staff Qualifications, Subpart 5.3.1 includes an exception for the operations manager to satisfy TS 5.2.2.e. TS 5.2.2.e states:
The operations manager shall either hold an SRO license or have held an SRO license for a pressurized water reactor. The assistant operations manager shall hold a current SRO license.
The current DBNPS TS 5.3, Unit Staff Qualifications, Subpart 5.3.1 includes an exception for the operations manager to be qualified as required by TS 5.2.2.e.
TS 5.2.2.e states:
The operations manager shall either hold or have held a Senior Operator license. The assistant operations manager shall hold a Senior Operator license for the Davis-Besse Nuclear Power Station [.]
2.2 Reason for the Proposed Changes The BVPS TS 5.2.2.e is not consistent with the wording contained in NUREG-1431, Standard Technical Specifications Westinghouse Plants, Revision 4. The DBNPS TS 5.2.2.e is not consistent with the wording contained in NUREG-1430, Standard Technical Specifications Babcock and Wilcox Plants, Revision 4.
This request to amend the BVPS and DBNPS technical specifications will ensure consistency between the aforementioned facilities technical specifications and the standards published by the NRC as described in NUREG-1431, Revision 4 and NUREG-1430, Revision 4.

Page 3 of 8 It will also provide operations management flexibility in that only one operations management individual will be required to possess a senior reactor operator (SRO) license instead of potentially two individuals. The request also modifies the title of one of the operations management positions to make it more generic, providing additional personnel flexibility. The proposed changes do not alter any technical requirements and are administrative in nature.
2.3 Description of the Proposed Changes The proposed amendment would revise the BVPS TS 5.2.2.e to state:
The operations manager or at least one operations middle manager shall hold a SRO license.
The proposed amendment would revise the DBNPS TS 5.2.2.e to state:
The operations manager or at least one operations middle manager shall hold an Senior Operator license[.]

==3.0 TECHNICAL EVALUATION==

The existing TS for BVPS and DBNPS were converted to the STS in 2007 and 2008, respectively. BVPS used the Westinghouse STS, Revision 2 (and selected portions of Revision 3) during its conversion process, while DBNPS used the Babcock and Wilcox STS, Revision 3.1 during its conversion process. In the revisions of the Westinghouse STS and the revision of the Babcock and Wilcox STS, the wording in TS 5.2.2.e reads:
The operations manager or assistant operations mangers shall hold an SRO license.
During both STS conversions, the license amendment requests for the conversion to the STS did not use the STS wording. The TS 5.2.2.e wording that was requested for each facility aligned to the facility technical specifications in place at that time. The flexibility in the operations management qualifications that was available at the time of the conversion to the STSs was not exercised.
The proposed technical specification changes will incorporate this flexibility. The Westinghouse STS and the Babcock and Wilcox STS are both currently at Revision 4.
Both STSs contain the same TS 5.2.2.e requirements that were in the previous versions of the Westinghouse and Babcock and Wilcox STSs. Therefore, the proposed technical specification changes align with currently published STSs.
As described in the company Quality Assurance Program Manual (QAPM), Energy Harbor Nuclear Corp. is committed to Regulatory Guide (RG) 1.8, Personnel Selection and Training, Revision 1-R. RG 1.8 endorses the use of American National Standards Institute (ANSI)

Page 4 of 8 N18.1-1971, Selection and Training of Nuclear Power Plant Personnel, as providing adequate guidance for the facility organizational and personnel qualification requirements.
ANSI N18.1-1971 addresses the qualifications, responsibilities, and training of personnel in operating and support organizations appropriate for the safe and efficient operation of nuclear power plants. Energy Harbor Nuclear Corp. is also committed to following the ANSI standard as modified by the following QAPM wording:
The company commits to the requirements of ANSI N18.1-1971 as modified by plant specific Technical Specifications.
The ANSI standard indicates that the individual filling the operations manager position shall hold a senior reactor operator license at the time of appointment. An assistant operations manager position is not described. The proposed technical specification change would deviate from the operations manager requirement for holding a senior reactor operator license. The proposed change would permit either the operations manager or an operations middle manager to possess a senior reactor operator license.
NUREG-1430, Revision 4, and NUREG-1431, Revision 4, both state that either the operations manager or the assistant operations manager shall hold a senior reactor operator license. Therefore, the proposed changes are consistent with the STSs and comply with the QAPM commitment to the ANSI standard.
The proposed changes also revise the title of assistant operations manager to operations middle manager, to make the position title more generic. The ANSI standard acknowledges that job titles vary among companies that operate nuclear power plants, so the standard is based upon job responsibilities. As stated above, the assistant operations manager is a plant-specific position that is not described in the standard. As a result, the title changes are considered administrative changes. Therefore, compliance with the QAPM and the ANSI standard is maintained.
Overall, the proposed changes are acceptable since they are administrative in nature, consistent with the STSs, and comply with the QAPM commitment to ANSI N18.1-1971.

==4.0 REGULATORY EVALUATION==

4.1 Applicable Regulatory Requirements/Criteria The following NRC regulatory requirements are applicable to this license amendment request.
10 CFR 50.36, Technical specifications 10 CFR 50.36(b) requires in part, that operating licenses include technical specifications derived from the analyses and evaluation included in the safety analysis report. Technical specifications include administrative controls as described in 10 CFR 50.36(c)(5).

Page 5 of 8 Administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner.
Though the proposed changes alter the operations management positions that must possess a senior reactor operator license and an operations management position title, the basic organization and management structure of the BVPS and DBNPS facilities has not been significantly modified. As a result, compliance with 10 CFR 50.36 has not been affected.
NUREG-1430, Standard Technical Specifications Babcock and Wilcox Plants, Revision 4; and NUREG-1431, Standard Technical Specifications Westinghouse Plants, Revision 4 The current STS are the result of the experience gained from plant operation using the STS and extensive public technical meetings and discussions among the NRC staff and various nuclear power plant licensees and the nuclear steam supply system owners groups. The STS were developed based on the criteria codified in 10 CFR 50.36. The NRC encourages licensees to upgrade their technical specifications consistent with the aforementioned criteria and conforming, to the practical extent, to Revision 4 of the STS.
The proposed technical specification changes for BVPS and DBNPS would conform to the applicable STSs, with the exception of the title change for the assistant operations manager. The title is being replaced with a more generic title. This is considered an administrative change, which still complies with the STSs in that either the operations manager or another operations management individual would possess a senior reactor operator license.
Regulatory Guide (RG) 1.8, Personnel Selection and Training, Revision 1-R In accordance with 10 CFR 50.34(b)(6)(i), applications for operating nuclear power plants requires information on the organizational structure and personnel qualifications.
RG 1.8, contains guidance acceptable to the NRC on satisfying these requirements.
RG 1.8 states that the NRC endorses ANSI N18.1-1971 as providing adequate guidance for satisfying facility organizational structure and personnel qualification requirements.
Energy Harbor Nuclear Corp. is committed to RG 1.8. The proposed technical specification changes maintain the commitment to RG 1.8, which endorses ANSI N18.1-1971.

Page 6 of 8 American National Standards Institute (ANSI) N18.1-1971, Selection and Training of Nuclear Power Plant Personnel As stated above, RG 1.8, Revision 1-R endorses the use of ANSI N18.1-1971 as providing adequate guidance for the facility organizational and personnel qualification requirements.
ANSI N18.1-1971 addresses the qualifications, responsibilities, and training of personnel in operating and support organizations appropriate for the safe and efficient operation of nuclear power plants. Energy Harbor Nuclear Corp. is committed to following this standard as modified by the company QAPM. The QAPM states:
The company commits to the requirements of ANSI N18.1-1971 as modified by plant specific Technical Specifications.
The ANSI standard indicates that the individual filling the operations manager position shall hold a senior reactor operator license at the time of appointment. An assistant operations manager position is not described. The proposed technical specification change will deviate from the operations manager requirement for the possession of a senior reactor operator license. The proposed change will permit either the operations manager or an operations middle manager to possess a senior reactor operator license. NUREG-1430, Revision 4, and NUREG-1431, Revision 4, both state that either the operations manager or the assistant operations manager will possess a senior reactor operator license. Therefore, the proposed changes would be consistent with the STSs and comply with the QAPM commitment to the ANSI standard.
The proposed technical specification changes also revise the title of assistant operations manager to operations middle manager, to make the position title more generic. The ANSI standard acknowledges that job titles vary among companies that operate nuclear power plants, so the standard is based upon job responsibilities. As stated above, the assistant operations manager is a plant-specific position that is not described in the standard.
Overall, the proposed changes do not affect compliance with these regulations or guidance since they are administrative in nature, consistent with the STSs, and comply with the QAPM commitment to ANSI N18.1-1971.
4.2 No Significant Hazards Consideration Analysis Pursuant to 10 CFR 50.90, Energy Harbor Nuclear Corp. is submitting a proposed license amendment request that would change the Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS) and the Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS) Technical Specification (TS) 5.2, Unit Staff, Subpart 2.e to reflect the requirements contained in the standard technical specifications for each type of facility.

Page 7 of 8 Specifically, the change will permit either the operations manager or the assistant operations manager to hold a senior reactor operator license. Additionally, the assistant operations manager title listed will be revised to reflect a more generic title.
The proposed changes do not alter any technical requirements and are administrative in nature.
Energy Harbor Nuclear Corp. has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:
: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment is an administrative change to personnel qualifications and position titles and does not affect plant structures, systems, and components that have the function of preventing or mitigating any previously evaluated accident. As a result, the facility accident analyses are not affected. Therefore, the proposed technical specification changes cannot significantly increase the probability or consequences of a previously-evaluated accident.
: 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?
Response: No There are no changes to any facility structure, system, or component. No new equipment or components are being incorporated into the facilities. Facility operations have not been impacted. The changes associated with the proposed amendment are administrative in nature. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.
: 3. Does the proposed amendment involve a significant reduction in a margin of safety?
Response: No The changes associated with the proposed amendment are consistent with NRC guidance and are administrative in nature. The changes do not alter the design or operation of the facilities. No new equipment or components are being installed into the facilities. Controlling values of parameters that account for various uncertainties and avoid exceeding regulatory or licensing limits are not affected. Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.

Page 8 of 8 Based on the above, Energy Harbor Nuclear Corp. concludes that the proposed amendment does not involve a 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.
4.3 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 Commissions 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 amendment is confined to (i) changes to surety, insurance, and/or indemnity requirements, or (ii) changes to recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(10). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

Attachment 1 Beaver Valley Power Station, Unit Nos. 1 and 2 Technical Specification Page Markups (Two pages follow)

Organization 5.2 5.2   Organization 5.2.2     Unit Staff (continued)
: c. An individual qualified in radiation protection procedures shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.
: d. Deleted.
: e. The operations manager or at least one operations middle manager shall either hold an SRO license. or have held an SRO license for a pressurized water reactor. The assistant operations manager shall hold a current SRO license.
: f. An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This individual shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift. A single qualified person can be used to satisfy this position for both units.
Beaver Valley Units 1 and 2                    5.2 - 2                     Amendments 284 / 169

For Information Only                                                        Unit Staff Qualifications 5.3 5.0   ADMINISTRATIVE CONTROLS 5.3   Unit Staff Qualifications 5.3.1         Each member of the unit and radiation protection staff shall meet or exceed the minimum qualifications of ANSI N18.1-1971 for comparable positions, except for the following:
x    The operations manager as specified in Specification 5.2.2.e, x    The radiation protection manager who shall meet or exceed the qualifications of Regulatory Guide 1.8, September 1975, and x    The technical advisory engineering representative who shall have a bachelors degree or equivalent in a scientific or engineering discipline with specific training in plant design and response analysis of the plant for transients and accidents.
x    The licensed operators who shall comply only with the requirements of 10 CFR 55.
5.3.2         For the purpose of 10 CFR 55.4, a licensed Senior Reactor Operator (SRO) and a licensed Reactor Operator (RO) are those individuals who, in addition to meeting the requirements of Specification 5.3.1, perform the functions described in 10 CFR 50.54(m).
Beaver Valley Units 1 and 2                     5.3 - 1                   Amendments 297 / 185

Attachment 2 Davis-Besse Nuclear Power Station, Unit No. 1 Technical Specification Page Markups (Two pages follow)

Organization 5.2 5.2   Organization 5.2.2         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 hours, in order to provide for unexpected absence, provided immediate action is taken to fill the required position;
: d. Deleted;
: e. The operations manager or at least one operations middle manager shall either hold or have held a Senior Operator license. The assistant operations manager shall hold a Senior Operator license for the Davis-Besse Nuclear Power Station; and
: f. When the reactor is operating in MODE 1, 2, 3, or 4 an individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This individual shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.
Davis-Besse                                    5.2-2                              Amendment 280

For Information Only                                                          Unit Staff Qualifications 5.3 5.0   ADMINISTRATIVE CONTROLS 5.3   Unit Staff Qualifications 5.3.1           Each member of the unit staff shall meet or exceed the minimum qualifications of ANSI N18.1-1971 for comparable positions, except for the radiation protection manager, the operations manager, and licensed operators. The radiation protection manager shall meet or exceed the qualifications of Regulatory Guide 1.8, September 1975. The operations manager shall be qualified as required by Specification 5.2.2.e. The licensed operators shall comply only with the requirements of 10 CFR 55.
5.3.2           For the purpose of 10 CFR 55.4, a licensed Senior Operator and a licensed Operator are those individuals who, in addition to meeting the requirements of Specification 5.3.1, perform the functions described in 10 CFR 50.54(m).
Davis-Besse                                     5.3-1                             Amendment 292}}