View source for L-09-025, ISFSI, and Perry, Application for Technical Specification (TS) Change for Adoption of TSTF-511 Revision 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26.

{{Adams
| number = ML090840475
| issue date = 03/25/2009
| title = ISFSI, and Perry, Application for Technical Specification (TS) Change for Adoption of TSTF-511 Revision 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26.
| author name = Hagan J
| author affiliation = FirstEnergy Nuclear Operating Co
| addressee name = 
| addressee affiliation = NRC/Document Control Desk, NRC/NRR
| docket = 05000334, 05000346, 05000412, 05000440, 07200014
| license number = DPR-066, NPF-003, NPF-058, NPF-073
| contact person = 
| case reference number = L-09-025
| document report number = TSTF-511, Rev 0
| document type = Letter type:L, License-Application for Facility Operating License (Amend/Renewal) DKT 50, Technical Specifications
| page count = 22
| project = 
| stage = Request
}}

=Text=
{{#Wiki_filter:FENOC                                                                                        76 South Main Street FirstEnergy Nuclear Operating Company                                                         Akron, Ohio 44308 Joseph J. Hagan                                                                                     330-761- 7895 President and Chief Nuclear Officer                                                           F a : 330-384-3799 March 25, 2009 L-09-025                                                              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 Docket No. 50-346, License No. NPF-3 Davis-Besse Independent Spent Fuel Storage Installation Docket No. 72-14, License No. NPF-3 Perry Nuclear Power Plant Docket No. 50-440, License No. NPF-58 Application for Technical Specification (TS) Change for Adoption of TSTF-511 Revision 0, Eliminate Workina Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26 In accordance with the provisions of 10 CFR 50.90, FirstEnergy Nuclear Operating Company (FENOC) is submitting a request for an amendment to the Technical Specifications for the Beaver Valley Power Station Unit Nos. 1 and 2, the Davis-Besse Nuclear Power Station, and the Perry Nuclear Power Plant.
The proposed amendment would delete those portions of Technical Specifications superseded by 10 CFR Part 26, Subpart I. The enclosure provides the evaluation for the proposed amendment.
Approval of the license amendment is requested prior to September 30, 2009. Removal of the plant-specific Technical Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I requirements.

Beaver Valley Power Station Unit Nos. 1 and 2 Davis-Besse Nuclear Power Station Perry Nuclear Power Plant L-09-025 Page 2 of 2 Regulatory commitments associated with this submittal are included in the attachment.
If there are any questions, or if additional information is required, please contact Mr. Thomas A. Lentz, Manager - Fleet Licensing, at (330) 761-6071.
I declare under penalty of perjury that the foregoing is true and correct. Executed on March a<, 2009.
Sincere1y ,                I Joseph J. Ha Attachment :
Regulatory Commitment List

==Enclosure:==

Evaluation of Proposed Change cc:     NRC Region I Administrator NRC Region Ill Administrator NRC Resident Inspector (Beaver Valley)
NRC Resident Inspector (Davis-Besse)
NRC Resident Inspector (Perry)
NRR Project Manager (Beaver Valley)
NRR Project Manager (Davis-Besse)
NRR Project Manager (Perry)
Director BRP/DEP Site BRP/DEP Representative Executive Director, Ohio Emergency Management Agency, State of Ohio (NRC Liaison)
Utility Radiological Safety Board

Attachment L-09-025 Regulatory Commitment List Page 1 of 1 The following list identifies those actions committed to by FirstEnergy Nuclear Operating Company (FENOC) for Beaver Valley Power Station Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, and Perry Nuclear Power Plant in this document.
Any other actions discussed in the submittal represent intended or planned actions by FENOC. They are described only as information and are not Regulatory Commitments.
Please notify Mr. Thomas A. Lentz, Manager - Fleet Licensing, at (330) 761-6071 of any questions regarding this document or associated Regulatory Commitments.
Renulatow Commitment                                  Due Date
: 1. Removal of the plant-specific Technical            This commitment will be Specification requirements will be performed          completed no later than October 1, concurrently with the implementation of the           2009.
10 CFR Part 26, Subpart I requirements.

E\ I1 ation of Proposed Change Page 1 of 6

==Subject:==
Application for Technical Specification (TS) Change for Adoption of TSTF-51 1, Revision 0, Eliminate Working Hour Restrictions from TS 5.2.2to Support Compliance with 10 CFR Part 26 1.O    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    A ppIicable Regulatory Requirements/C riteria

==6.0    ENVIRONMENTAL CONSIDERATION==

==7.0    REFERENCES==

Attachments
: 1. Proposed Technical Specification Changes (Mark-Up)
: 2. Proposed Technical Specification Changes (Re-Typed)

Page 2 of 6

==1.0    DESCRIPTION==

The proposed amendment would delete those portions of Technical Specifications (TS) superseded by 10 CFR Part 26, Subpart 1. This change is consistent with Nuclear Regulatory Commission (NRC) approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-51I, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26. Minor 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-511, 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. FirstEnergy Nuclear Operating Company (FENOC) is proposing the following minor deviations from the TS changes described in TSTF-511, Revision 0. These deviations are administrative and do not affect the applicability of the proposed change.
: 1. Requirements to be removed from TS will be marked Deleted and subsequent requirements will not be renumbered.
: 2. Requirements for working hour restrictions are located in paragraph e of Perry Nuclear Power Plant TS 5.2.2 rather than paragraph d of TS 5.2.2 as indicated in TSTF-511, Revision 0. Therefore, the portion of Perry Nuclear Power Plant TS superseded by 10 CFR Part 26, Subpart I, is TS 5.2.2.e.
TS 5.2.2.e will be deleted from Perry Nuclear Power Plant TS.
: 3. Perry Nuclear Power Plant TS requirements 5.2.2.f and 5.2.2.g will be moved from TS page 5.0-3a to TS page 5.0-3, and page 5.0-3a will be removed from the TS.
FENOC is not proposing any other variations or deviations from the NRC staffs model safety evaluation (SE) published on December 30,2008 (73 FR 79923) as part of the CLllP Notice of Availability.

==3.0    BACKGROUND==

The NRC issued a Federal Reaisfer notice (73 FR 16966, March 31, 2008) of the issuance of a final rule that amended I O CFR Part 26. The revised regulations in 10 CFR Part 26, Subpart I supersede working hour restrictions contained in paragraph d of TS 5.2.2 for Beaver Valley Power Station Unit Nos. 1 and 2 (DPR-66 and NPF-73) and Davis-Besse Nuclear Power Station (NPF-3) and paragraph e of TS 5.2.2 for Perry

Page 3 of 6 Nuclear Power Plant (NPF-58). 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==

FENOC has reviewed the SE published on December 30,2008 (73 FR 79923) as part of the CLllP Notice of Availability. FENOC has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to Beaver Valley Power Station Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, and Perry Nuclear Power Plant.
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 1 also strengthens reporting requirements. Finally, the new rules 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 Technical Specifications in order to support compliance with 10 CFR Part 26, Subpart I. Work hour controls and fatigue management requirements have been incorporated into the NRCs regulations; therefore, it is unnecessary to have work hour control requirements in the Technical Specifications.
Removal of the Technical Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements, even if the Technical Specification change is implemented prior to the October 1, 2009 deadline.
Along with this license amendment request (LAR), FENOC has submitted a commitment to comply with 10 CFR Part 26 concurrently with the implementation of the Technical Specification change.

Page 4 of 6 5.0     REGULATORY SAFETY ANALYSIS 5.1     No Siqnificant Hazards Determination FENOC has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLllP Notice of Availability. FENOC has concluded that the determination presented in the notice is applicable to Beaver Valley Power Station Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, and Perry Nuclear Power Plant. FENOC 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 I:The Proposed Change Does Not Involve a Significant Increase in the Probability or Consequences of an Accident Previously Evaluated The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Removal of the Technical Specification 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 Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification 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.

Page 5 of 6 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.
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 Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. The proposed change does not involve any physical changes to the 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 Technical Specificat ion 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, FENOC 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     Ap pIicable Regulatory Reauirements/C riteria 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). FENOC has reviewed the NRC staffs model SE published on December 30, 2008 (73 FR 79923) as part of the CLllP Notice of Availability and concluded that the regulatory evaluation section is applicable to Beaver Valley Power Station Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, and Perry Nuclear Power Plant.

Page 6 of 6 The proposed change eliminates the plant-specific Technical Specification administrative controls on working hours. The Technical Specification 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 Technical Specifications. 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 fatigue is provided in 10 CFR Part 26, Subpart I, it is unnecessary for the Technical Specifications to contain similar controls.

==6.0      ENVIRONMENTAL CONSIDERATION==

FENOC has reviewed the environmental evaluation included in the SE published on December 30, 2008 (73 FR 79923) as part of the CLllP Notice of Availability. FENOC has concluded that the staffs findings presented in that evaluation are applicable to Beaver Valley Power Station Unit Nos. 1 and 2, Davis-Besse Nuclear Power Station, and Perry Nuclear Power Plant. 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)( IO). 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 FR 16966).
: 2.       TSTF-511, Revision 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26.
: 3.       Federal Register Notice, Notice of Availability published on December 30, 2008 (73 FR 79923).
Page 1 of 7 PROPOSED TECHNICAL SPECIFICATION CHANGES (MARK-UP)

Organization 5.2 5.0    ADMINISTRATIVE CONTROLS 5.2    Organization 5.2.I         Onsite and Offsite Organizations Onsite and offsite organizations shall be established for unit operation and corporate management, respectively. The onsite and offsite organizations shall include the positions for activities affecting safety of the nuclear power plant.
: a. Lines of authority, responsibility, and communication shall be defined and established throughout highest management tevsls, intermediate levels, and all operating organization positions. These relationships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications shall be documented in the Unit 2 UFSAR,
: b. The plant manager shall be responsible for overall safe operation of the plant and shall have control over those onsite activities necessary for safe operation and maintenance of the plant, C. A corporate officer with direct responsibility fur the plant shall have corporate responsibility for overall plant nuclear safety and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the plant to ensure nuclear safety, and
: d. The individuals who train the operating staff, carry out radiation protection, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their independence from operating pressures.
5.2.2         Unit Staff The unit staff organization shall include the following:
: a. A non-licensed operator shall be assigned to each reactor containing fuel and an additional non-licensed operator shall be assigned for each control room from which a reactor is operating in MODES I,       2, 3, or 4.
: b. Shift crew composition may be less than the minimum requirement of I O CFR 50.54(rn)(2)(i) and 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.
Beaver Valley Units 1 and 2                       -
5.2 1                        Amendments 278 / 161

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.
: e. 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.
: 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 2?&/       +&I=

Urganization 5.2 5.0 ADMINISTRATtVE CONTROLS 5.2 Organization 5.2.1       Onsite and Offsite Organizations Onsite and offsite organizations shall be established for unit operation and corporate management, respectively. The onsite and offsite organizations shall include the positions for activities affecting safety of the nuclear power plant.
: a. Lines of authority, responsibildy, and communicationshall be defined and established throughout highest management levels, intermediate levels, and all operating organization positions. These relationships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmental responsibilities and relationships, and job descriptions for key personnel positions, or in equivalent forms of documentation. These requirements, including the plant-specific titles of those personnel fulfilling the responsibilities of the positions delineated in these Technical Specifications, shall be documented in the UFSAR.
: b. The plant manager shall be responsible for overall safe operation of the plant and shall have control over those onsite activities necessary for safe operation and maintenance of the plant.
C. A specified corporate officer shall have corporate responsibility for Overall plant nuclear safety and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the plant to ensure nuclear safety.
: d. The individuals who train the operating staff, carry out health physics, or perform quality assurance functions may report to the appropriate onsite manager; however, these individuals shall have sufficient organizational freedom to ensure their independence from operating pressures.
5.2.2       Unit Staff The unit staff organization shall include the following:
: a. A non-licensed operator shalt be assigned if the reactor contains fuel and an additional non-licensed operator shall be assigned if the reactor is operating in MODES 1, 2, 3, or 4;
: b. Shift crew composition may be less than the minimum requirement of I O CFR 50.54(m)(2)(i) and Specifications 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours in order to accommodate unexpected absence Of on-duty shift crew members provided immediate action is taken to restore the shift crew compositionto within the minimum requirements; Davis-Besse                                  5.2-1                               Amendment 279

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 unexpectedabsence, provided immediate action is taken to fill the required position;
: e. 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; 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 shafl meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.
Davis-Besse                                   5.2-2                              Amendment 2W-

Organization 5.2 5.2 Organ1zation (continued1 5.2.2        yn1t S t a f f The unit s t a f f organlzation shall include the fol1owlng:
A   non-licensed operator shall be on site when fuel i s i n the reactor vessel. and an additional non-1 icensed OperatUr shalt be on site whlle the unit Is i n MODE 1, 2, or 3;
: b. Deleted                                                                -ce
: c. Shift crew composition m a y be one less than the minimm
                 . requirements o f 10 CFR 50,54(m)(2)(i> and Specifications 5.2.2.a and 5.2.2.g for a erlod o f tlme not t o exceed two hours i n order t o accomda e unexpected absence o f on-duty s h i f t crew members, provided Immediate action i s taken t o restore the s h i f t crew composition t o w i t h i n the minimum requirements.
: d. A radiation protection technician shall be on slte when fuel 1s i n the reactor, The position may be vacant f o r not more than 2 hours, i n order t o provide f o r unexpected absence, provided inmediate action i s taken t o f i l l the required posltion.
(contif nued 1 PERRY   - UNIT 1                           5.0-3                     Amendment No .*

5.2 orgrtnlzation v    -
: 5. Ma Page 1 of 4 PROPOSED TECHNICAL SPECIFICATION CHANGES (RE-TYPED)

0rganization 5.2 5.2   Organization 5.2.2      Unit Staff (continued)
: e. 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.                                                                 I
: e. 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.
: 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        I

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;                                                                        I
: e. 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; 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

Organization 5.2 5.2 Organization (continued)
__  -       ~-~              . .
5.2.2      Unit S t a f f The u n i t s t a f f organization shall include the following:
: a. A non-licensed operator shall be on s i t e when fuel i s i n the reactor vessel, and an additional non-licensed operator shall be on site while the u n i t i s i n MODE 1, 2, o r 3.
: b. Deleted C. Shift crew composition may be one less than the minimum requirements o f 10 CFR 50.54(rn)(Z)(i) and Specifications 5.2.2.a and 5.2.2.g f o r a period o f time not t o exceed two hours i n order t o accommodate unexpected absence o f on-duty s h i f t crew members, provided immediate action i s taken t o restore the s h i f t crew composition t o w i t h i n the minimum requi rements .
: d. A radiation protection technician shall be on s i t e when fuel i s i n the reactor. The position may be vacant f o r not NOR than 2 hours, i n order t o provide f o r unexpected absence, provided imnediate action i s taken t o f i l l the required position.
: e. Deleted                                                                I
: f. The operations manager or a t least one operations middle manager shall hold an SRO license.
g-   The s h i f t technical advisor (STA) shall provide advisory technical support t o the s h i f t supervisor ( S S ) in the areas K
of thermal h draulics, reactor engineering, and plant analysis w i t regard t o the safe operatlon o f the unit, In addition, the STA shall meet the qualifications specified by the Commission Polic Statement on Engineering Ex ertise I                              f:
on s h i f t . The STA posi ion may be f i l l e d by an on-s ift SS or SRO provided the individual meets the Commission Policy Statement on Engineeri ng Expert ise on s h i f t .
PERRY - UNIT 1                             5.0-3                     Amendment No.

March 25, 2009 L-09-025                                                              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 Docket No. 50-346, License No. NPF-3 Davis-Besse Independent Spent Fuel Storage Installation Docket No. 72-14, License No. NPF-3 Perry Nuclear Power Plant Docket No. 50-440, License No. NPF-58 Application for Technical Specification (TS) Change for Adoption of TSTF-511, Revision 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26 In accordance with the provisions of 10 CFR 50.90, FirstEnergy Nuclear Operating Company (FENOC) is submitting a request for an amendment to the Technical Specifications for the Beaver Valley Power Station Unit Nos. 1 and 2, the Davis-Besse Nuclear Power Station, and the Perry Nuclear Power Plant.
The proposed amendment would delete those portions of Technical Specifications superseded by 10 CFR Part 26, Subpart I. The enclosure provides the evaluation for the proposed amendment.
Approval of the license amendment is requested prior to September 30, 2009. Removal of the plant-specific Technical Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I requirements.

Beaver Valley Power Station Unit Nos. 1 and 2 Davis-Besse Nuclear Power Station Perry Nuclear Power Plant L-09-025 Page 2 of 2 Regulatory commitments associated with this submittal are included in the attachment.
If there are any questions, or if additional information is required, please contact Mr. Thomas A. Lentz, Manager - Fleet Licensing, at (330) 761-6071.
I declare under penalty of perjury that the foregoing is true and correct. Executed on March ___, 2009.
Sincerely, Joseph J. Hagan

==Attachment:==

Regulatory Commitment List

==Enclosure:==

Evaluation of Proposed Change cc:     NRC Region I Administrator NRC Region III Administrator NRC Resident Inspector (Beaver Valley)
NRC Resident Inspector (Davis-Besse)
NRC Resident Inspector (Perry)
NRR Project Manager (Beaver Valley)
NRR Project Manager (Davis-Besse)
NRR Project Manager (Perry)
Director BRP/DEP Site BRP/DEP Representative Executive Director, Ohio Emergency Management Agency, State of Ohio (NRC Liaison)
Utility Radiological Safety Board}}