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License Amendment Request Revision to Technical Specification Administrative Controls for Permanently Defueled Condition
	ML16015A456
Person / Time
Site:	FitzPatrick
Issue date:	01/15/2016
From:	Brian Sullivan; Entergy Nuclear Northeast, Entergy Nuclear Operations
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	JAFP-15-0143
	Download: ML16015A456 (28)
	v • d • e

JAFP-15-0143

January 15, 2016

U.S. Nuclear Regulatory Commission

ATTN: Document Control Desk

11555 Rockville Pike

Rockville, MD 20852

SUBJECT:

License Amendment Request - Revision to Technical Specification Administrative Controls for Permanently Defueled Condition James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059

REFERENCES:

1. Letter, Entergy Nuclear Operations, Inc., to USNRC, "Notification of Permanent Cessation of Power Operations," JAFP 15-0133, dated November 18, 2015 (ML15322A273)

2. Letter, Entergy Nuclear Operations, Inc., to USNRC, "Request for Approval of Certified Fuel Handler Training Program," JAFP 15-

0142 dated January 15, 2016

Dear Sir or Madam:

In accordance with 10 CFR 50.90, Entergy Nuclear Operations, Inc. (ENO) is proposing an

amendment to Renewed Facility Operating License (OL) DPR-059 for James A. FitzPatrick

Nuclear Power Plant (JAF).

In Reference 1, ENO notified the NRC that it has decided to permanently cease operations of

JAF at the end of the current operating cycle. Once certifications for permanent cessation of

operations and permanent removal of fuel from the reactor vessel are submitted to the NRC in

accordance with 10 CFR 50.82(a)(1)(i) and (ii), per 10 CFR 50.82(a)(2), the 10 CFR Part 50

license no longer will permit operation of the reactor or placement of fuel in the reactor vessel.

The basis for the proposed amendment is that certain license conditions and administrative

controls may be revised or removed to reflect the permanently defueled condition.

This request also proposes changes to the staffing and training requirements for the JAF staff

contained in Section 5.0, Administrative Controls, of the JAF Technical Specifications (TS).

Reference 2 was submitted proposing a Certified Fuel Handler training program for NRC

approval.

ENO has reviewed the proposed amendment in accordance with 10 CFR 50.92 and concludes

it does not involve a significant hazards consideration.

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc. James A. FitzPatrick NPP P.O. Box 110 Lycoming, NY 13093

Tel 315-342-3840 Brian R. Sullivan Site Vice President - JAF

JAFP-15-0143 Page 2 of 3 In accordance with 10 CFR 50.91, a copy of this application, with attachments, is being provided to the State of New York State Public Service Commission.

Attachment 1 to this letter provides a detailed description and evaluation of the proposed change. Attachment 2 contains a markup of the current TS pages. Attachment 3 contains the retyped TS pages. ENO requests review and approval of this proposed license amendment by November 1, 2016 and a 60 day implementation period from the effective date of the amendment.

ENO requests that the approved amendment become effective following NRC approval of the Certified Fuel Handler training program (Reference

2) and submittal of the certifications required by 10 CFR 50.82(a)(1

). This submittal contains no new regulatory commitments.

If you have any questions regarding the content of this submittal, please contact Chris M. Adner, Regulatory Assurance Manager, at 315-349-6766.

I declare under penalty of perjury that the foregoing is true and correct. Sincerely, Brian R. Sullivan Site Vice President BRS/CMA/ble Attachments:

1. Description and Evaluation of the Proposed Changes 2. Markup of the Current Technical Specification Pages 3. Retyped Technical Specification Pages cc: Mr. Daniel H. Dorman Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713 JAFP-15-0143 Page 3 of 3 cc list continued:

Mr. Douglas V. Pickett, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop O 8 G9A Washington, DC 20555

Ms. Bridget Frymire, NYSPSC

Mr. John B. Rhodes., President NYSERDA

NRC Resident Inspector

JAFP-15-0143 Docket 50-333

Attachment 1 James A. FitzPatrick Nuclear Power Plant License Amendment Request - Revision to Technical Specification Administrative Controls for Permanently Defueled Condition

JAFP 15-143 Page 1 of 13

1.

SUMMARY

DESCRIPTION On November 18, 2015, Entergy Nuclear Operations, Inc. (ENO) announced that James A.

FitzPatrick Nuclear Power Plant (JAF) would be permanently retired at the end of the current

operating cycle. In Reference 1, ENO provided form al notification of the intention to permanently cease power operations of JAF in accordance with 10 CFR 50.82(a)(1)(i).

This evaluation supports a request to amend R enewed Facility Operating License (OL) DPR-059 for JAF. The proposed changes would revise and remove certain requirements contained within

Section 5.0, Administrative Controls, of the JAF Technical Specifications (TS). The TS

requirements being changed would not be applicable once it has been certified that all fuel has

permanently been removed from the JAF reactor in accordance with 10 CFR 50.82(a)(1)(ii). Once

the certifications for permanent cessation of operations and permanent fuel removal from the

reactor vessel are made, the 10 CFR Part 50 license for JAF no longer will authorize operation of

the reactor or placement of fuel in the reactor vessel, in accordance with 10 CFR 50.82(a)(2).

The changes proposed by this amendment would not be effective until the certification of

permanent removal of fuel from the reactor vessel has been submitted to the NRC and the NRC

has approved the JAF Certified Fuel Handler training program submitted in Reference 2.

2. DETAILED DESCRIPTION AND BASIS FOR THE CHANGES The following table identifies each section that is being changed, the proposed changes, and the

basis for the changes:

Proposed Changes to JAF Technical Specification Section 5.0, Administrative Controls

5.1 Responsibility

Current TS 5.1.1

The plant manager shall be responsible for

overall plant operation and shall delegate in writing the succession to this responsibility

during his absence.

The plant manager or his designee shall

approve, prior to Implementation, each

proposed test, experiment, and modification

to systems or equipment that affect nuclear

safety.

Current TS 5.1.2

The shift supervisor shall be responsible for

the control room command function. During Proposed TS 5.1.1

The plant manager shall be responsible for

overall facility operation and shall delegate in

writing the succession to this responsibility during

his absence.

The plant manager or his designee shall

approve, prior to Implementation, each proposed

test, experiment, and modification to systems or

equipment that affect nuclear safety.

Proposed TS 5.1.2

The shift supervisor shall be responsible for the

shift command function.

JAFP 15-143 Page 2 of 13 any absence of the shift supervisor from the control room while the unit is in plant

startup or normal operation, an individual with

an active Senior Reactor Operator (SRO)

license shall be designated to assume the

control room command function. During any

absence of the shift supervisor from the

control room while the unit is in cold

shutdown or refueling with fuel in the reactor, an individual with an active SRO license or

Reactor Operator license shall be designated

to assume the control room command

function.

Basis This section identifies the responsibilities for the control room command function associated with

Modes of plant operation, and is based on personnel positions and qualifications for an operating

plant. It identifies the need for a delegation of authority for command in an operating plant when

the principal assignee leaves the control room.

This section is being changed to eliminate the Mode dependency for this function and personnel

qualifications associated with an operating plant. The proposed change establishes the shift

supervisor as having command of the shift. Delegation of command is unnecessary once JAF is

in the permanently defueled condition with fuel in the spent fuel pool. Any event involving loss of

pool cooling would evolve slowly enough that no immediate response would be required to

protect the health and safety of the public or station personnel.

5.2 Organization

Current TS 5.2.1, Onsite and Offsite Organizations

Onsite and offsite organizations shall be

established for plant operation and corporate

management, respectively. The onsite and

offsite organizations shall include the

positions for activities affecting safety of the

nuclear power plant.

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. The chief nuclear officer shall have Proposed TS 5.2.1, Onsite and Offsite Organizations

Onsite and offsite organizations shall be

established for facility staff and corporate

management, respectively. The onsite and offsite

organizations shall include the positions for

activities affecting safety of the nuclear fuel.

b. The plant manager shall be responsible for overall safe operation of the facility and shall

have control over those onsite activities

necessary for safe storage and maintenance

of the nuclear fuel;

c. The corporate officer shall have overall JAFP 15-143 Page 3 of 13 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.

responsibility for the safe handling and storage of nuclear fuel and shall take any measures

needed to ensure acceptable performance of

the staff in operating, maintaining, and

providing technical support to the facility to

ensure safe management of nuclear fuel; and

d. The individuals who train the Certified Fuel Handlers, 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 ability to perform their assigned functions.

Basis The introduction to this section identifies that organizational positions are established that are

responsible for the safety of the nuclear plant. This is changed to require that positions be

established that are responsible for the safe handling and storage of nuclear fuel. This change

removes the implication that JAF can return to operation once the certifications required by 10

CFR 50.82(a)(1) are submitted to the NRC.

The terms "safe storage and maintenance of nuclear fuel" and "safe management of nuclear fuel"

are considered analogous to "nuclear safety" for a plant that will be in the permanently defueled

condition. Proposed changes to replace "nuclear safety" with one of these analogues serves to

narrow the focus of nuclear safety concerns to the nuclear fuel.

TS 5.2.1.a - No changes are proposed to this specification.

TS 5.2.1.b - This section identifies the organizational position responsible for the safe operation of the plant, and for control of activities necessary for the safe operation and maintenance of the

plant.

To reflect the change in safety concerns from an operating plant to a permanently defueled plant, the responsibility for control of activities necessary for the safe operation and maintenance of the

plant is changed to the responsibility for safe storage and maintenance of the nuclear fuel.

TS 5.2.1.c - This section identifies the organizational position responsible for overall nuclear plant safety.

To reflect the change in safety concerns from an operating plant to a permanently defueled plant, the responsibility for ensuring nuclear safety is changed to the responsibility for ensuring safe

management of nuclear fuel. The assignment of this responsibility is changed from the JAF site

vice president to a specified corporate officer. This change provides ENO the flexibility to assign

overall responsibility to a corporate officer position other than a site vice president. The site vice

president is considered a corporate officer position. This position has no qualification JAFP 15-143 Page 4 of 13 requirements beyond the applicable requirements established in ANSI/ANS 3.1-1978. The revised specification is consistent with TS 5.2.1.c of NUREG-1433, "Standard Technical

Specifications General Electric BWR/4 Plants," Revision 4 (Reference 3).

TS 5.2.1.d - This paragraph addresses the requirement for organizational independence of the personnel who train the operations staff, health physics personnel and quality assurance

personnel from operating pressures.

This is changed to replace "operating staff' with "Certified Fuel Handlers" and to replace "their

independence from operating pressures" to "their ability to perform their assigned functions."

These changes reflect the changed function of the previous operating staff to a focus on safe

handling and storage of nuclear fuel, and to remove the implication that JAF can return to

operation once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC.

Current TS 5.2.2, Plant Staff

The plant staff organization shall include the

following:

a. At least one non-licensed operator shall be on site when the plant is in

Mode 4 or 5. At least two non-

licensed operators shall be on site

when the plant is in Mode 1, 2, or 3.

b. Shift crew composition may be less than the minimum requirement of 10

CFR 50.54(m)(2)(i) and 5.2.2.a and

5.2.2.f for a period of time not to

exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months 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.

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 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to

provide for unexpected absence, provided immediate action is taken to

fill the required position.

d. Deleted e. The operations manager or assistant operations manager shall hold an

SRO license.

f. When in MODES 1, 2, or 3 an Proposed TS 5.2.2, Facility Staff The facility staff organization shall include the following:

a. Each duty shift shall be composed of at least one shift supervisor and one Non-

certified Operator. The Non-Certified

Operator position may be filled by a

Certified Fuel Handler.

b. Shift crew composition may be less than the minimum requirements of 5.2.2.a for a

period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months 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.

c. A radiation protection technician shall be on site during the movement of fuel and

during the movements of loads over fuel.

The position may be vacant for not more

than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to provide for

unexpected absence, provided immediate

action is taken to fill the required position.

d. Oversight of fuel handling operations shall be provided by a Certified Fuel Handler.

e. The shift supervisor shall be a Certified Fuel Handler.

f. At least one person qualified to stand JAFP 15-143 Page 5 of 13 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 operations of the

unit. This individual shall meet the

qualifications specified by ANSI/ANS

3.1-1993 as endorsed by RG 1.8, Rev. 3, 2000.

watch in the control room (Non-certified Operator or Certified Fuel Handler)shall be

present in the control room when nuclear

fuel is stored in the spent fuel pool.

Basis TS 5.2.2.a - At least one non-licensed operator shall be on site when the plant is in Mode 4 or 5.

At least two non-licensed operators shall be on site when the plant is in Mode 1, 2, or 3.

Since this can never occur again at JAF once the certifications required by 10 CFR 50.82(a)(1)

are submitted to the NRC, the minimum requirement is changed to a minimum crew compliment

of one shift supervisor and one Non-certified Operator. This reflects the reduced number of

systems, compared to an operating reactor, r equired to provide and support spent fuel pool cooling and monitor spent fuel pool parameters, such as pool level and temperature, while still

maintaining the ability to ensure spent fuel handling operations are carried out in a safe manner.

Moreover, the spectrum of credible accidents and operational events, and the quantity and

complexity of activities required for safety has been greatly reduced from that at an operating

plant. The shift supervisor will be qualified as a Certified Fuel Handler in accordance with new

paragraph 5.2.2.e. In this position, this individual will retain command and control responsibility for

operational decisions and will be responsible for the functions required for event reporting and

emergency response.

TS 5.2.2.b - This paragraph addresses the conditions under which the minimum shift compliment may be reduced. It contains a reference to 10 CFR 50.54(m) which establishes the minimum

requirements for a licensed operating staff for facility operation. It also allows for shift crew

composition to be less than the minimum requirement of 10 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 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to

accommodate unexpected absence of on-duty shift cr ew members, provided immediate action is taken to restore the shift crew composition to within the minimum requirements

The references to 10 CFR 50.54(m) are removed since JAF will not return to operation in the

future once the certifications required by 10 CFR 50.82(a)(1) are submitted to the NRC, and the

requirement for licensed operating personnel will no longer be required to protect public health

and safety. Reference to TS 5.2.2.f is removed to be consistent with the proposed change to

delete the Specification. Additional provisions are added to ensure that shift crew composition is

not below the minimum requirements when fuel movements are in progress, movements of loads

over fuel are in progress or shift turnover is in progress.

TS 5.2.2.c - This paragraph establishes the requirement for a person qualified in radiation protection procedures to be onsite when fuel is in the reactor. This paragraph also allows for the

position to be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

JAFP 15-143 Page 6 of 13 This requirement is being deleted because once the fuel is certified removed from the reactor in

accordance with 10 CFR 50.82(a)(1)(ii), JAF will be prohibited by 10 CFR 50.82(a)(2) from

placing fuel back into the reactor vessel. Therefore, this requirement will no longer be applicable.

This requirement is being replaced with a requirement for an individual qualified in radiation

protection procedures to be present on-site during the movement of fuel and during the

movement of loads over fuel.

TS 5.2.2.d - This paragraph was originally deleted.

This paragraph is changed to establish the requirement for having oversight of fuel handling

operations performed by a Certified Fuel Handler. Fuel moves and heavy load moves that could

affect the safe handling and storage of nuclear fuel would be approved by the shift supervisor.

Proposed TS 5.2.2.e requires the shift supervisor to be a Certified Fuel Handler.

TS 5.2.2.e - This paragraph establishes the requirement for the operations manager, or an assistant operations manager, to hold a Senior Reactor Operator (SRO) license.

This paragraph is being revised to replace the requirement with a requirement that the shift

supervisor shall be a Certified Fuel Handler. Once the certifications required by 10 CFR

50.82(a)(1) have been submitted, the requirements of 10 CFR 50.54(m) will no longer be

applicable because the JAF Part 50 license no longer will authorize operation of the reactor or

emplacement or retention of fuel in the reactor vessel. These certifications also obviate the need

for the operators' licenses specified in 10 CFR 55. Therefore, there is no longer a need for

operations management staff to hold a SRO license. Replacing this with a requirement that the

shift supervisor shall be a Certified Fuel Handler ensures that the senior individual on shift is

appropriately trained and qualified, in accordance with the NRC-approved Certified Fuel Handler

training program, to supervise shift activities.

The JAF management structure will not require positions above the shift supervisor to be a

Certified Fuel Handler or attend equivalent training. JAF has determined that once the plant is

permanently shutdown and defueled, the time availabl e to mitigate credible events is expected to be greater than that for current design basis event

s. As such, management oversight of the plant can be performed by individuals meeting the app licable requirements of ANSI/ANS 3.1-1978 (as required by TS 5.3.1) and need not be qualified as Certified Fuel Handlers.

TS 5.2.2.f - This paragraph establishes the requirements for the Technical Advisor (TA) position.

This paragraph is deleted to remove the requirements for the TA since that position is only

required for a plant authorized for power operations. Once the certifications required by 10 CFR

50.82(a)(1) have been submitted, the requirements of this specification will no longer be

applicable because the JAF Part 50 license no longer will authorize operation of the reactor or

emplacement or retention of fuel in the reactor vessel.

This paragraph is changed to reflect the requirement for having one qualified watch stander (either a Non-certified Operator or Certified Fuel Handler) in the control room when fuel is stored

in the spent fuel pool. This reflects the reduced requirement for control room personnel training

and qualification for a plant authorized for nuclear fuel storage only. JAF has submitted a Certified

Fuel Handler training program for NRC approval in Reference 2. The training and qualification for

the Non-certified Operator will be determined in accordance with the systems approach to training (SAT) as defined in 10 CFR 55.4. This process ensures that the Non-certified Operator will be JAFP 15-143 Page 7 of 13 qualified to perform the functions necessary to monitor and ensure safe storage of fuel. The SAT process requires (1) systematic analysis of the jobs to be performed, (2) learning objectives

derived from the analysis which describe desired performance after training, (3) training design

and implementation based on the learning objectives, (4) evaluation of trainee mastery of the

objectives during training, and (5) evaluation and revision of the training based on the

performance of trained personnel in the job setting. There will be a sufficient number of

individuals qualified as Certified Fuel Handlers to staff the plant twenty four hours a day, seven

days a week. Additional on-shift staffing will be provided to satisfy applicable security, fire

protection, and emergency preparedness requirements.

The control room will remain the physical center of the command function. However, since control

of activities may be performed either remotely from the control room or locally in the plant, the

location of the command center is functionally where the shift supervisor is located, in accordance

with proposed TS 5.2.2.f. Activities that could be performed from the control room that have the

potential to affect forced cooling of spent nuclear fuel include starting and stopping cooling water

pumps, as well as changing the electrical power distribution system alignment.

All spent fuel handling activities are performed locally at the spent fuel pool. Indications and/or

alarms are also received in the control room that would be indicative of spent fuel pool

abnormalities. The shift supervisor is responsible for directing response to those abnormalities, from either the control room or local to the spent fuel pool, in accordance with applicable

response procedures.

For any conditions, incidents, or events that occu r when the Non-certified Operator is in the control room alone and are not within the scope of qualifications that are possessed by the Non-

certified Operator, the shift supervisor will be immediately contacted for direction by phone, radio, and/or plant page system. This philosophy is deem ed acceptable because the necessity to render immediate actions to protect the health and safety of the public is not challenged.

Current TS 5.3, Plant Staff Qualifications

1. Each member of the unit staff shall meet or exceed the minimum qualifications of

ANSI/ANS 3.1-1978 for comparable

positions with exceptions specified in

the Entergy Quality Assurance Program

Manual (QAPM).

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

TS 5.3.1, perform the functions

described in 10 CFR 50.54(m).

Proposed TS 5.3, Facility Staff Qualifications

1. Each member of the facility staff shall meet or exceed the minimum

qualifications of ANSI/ANS 3.1-1978 for

comparable positions with exceptions

specified in the Quality Assurance

Program Manual (QAPM).

2. An NRC approved training and retraining program for Certified Fuel

Handlers shall be maintained.

Basis

JAFP 15-143 Page 8 of 13 TS 5.3.1 - This paragraph is being changed for consistency with other changes in this Amendment.

TS 5.3.2 - This paragraph defines SROs and ROs as the individuals who perform the functions defined in 10 CFR 50.54(m).

This paragraph is being deleted because neither 10 CFR 50.54(m) nor the requirement for

licensed operators per 10 CFR 54 apply following submittal of the certifications required by 10

CFR 50.82(a)(1).

TS 5.3.2 is being changed to require that an NRC approved training and retraining program for

the Certified Fuel Handlers shall be maintained. The Certified Fuel Handler training program

ensures that the qualifications of fuel handlers are commensurate with the tasks to be performed

and the conditions requiring response. 10 CFR 50.120, "Training and qualification of nuclear

power plant personnel," requires training progr ams to be derived using a systems approach to training (SAT) as defined in 10 CFR 55.4. Although the requirements of 10 CFR 50.120 apply to

holders of an operating license issued under Part 50, and the JAF license will no longer authorize

operation following submittal of the certifications required by 10 CFR 50.82(a)(1), the Certified

Fuel Handler training program nonetheless aligns with those requirements. The Certified Fuel

Handler training program provides adequate confidence that appropriate SAT based training of

personnel who will perform the duties of a Certified Fuel Handler is conducted to ensure the

facility is maintained in a safe and stable condition.

3. REGULATORY EVALUATION 3.1 APPLICABLE REGULATORY REQUIREMENT/CRITERIA

10 CFR 50.82(a)(1) requires that when a licensee has determined to permanently cease

operations the licensee shall, within 30 days, submit a written certification to the NRC, consistent with the requirements of 10 CFR 50.4(b)(8), and once fuel has been

permanently removed from the reactor vessel, the licensee shall submit a written

certification to the NRC that meets the requirements of 10 CFR 50.4(b)(9). On November 2, 2015, Entergy Nuclear Operations, Inc. (ENO) announced that JAF would be retired At the

end of the current operating cycle, the exact date to be determined. In Reference 1, ENO

provided formal notification of the intention to permanently cease power operations of JAF.

JAF recognizes that approval of these proposed changes is contingent upon the submittal

of the certifications required by 10 CFR 50.82(a)(1).

10 CFR 50.82(a)(2) states "Upon docketing of the certifications for permanent cessation of

operations and permanent removal of fuel from the reactor vessel, or when a final legally

effective order to permanently cease operations has come into effect, the 10 CFR part 50

license no longer authorizes operation of the reactor or emplacement or retention of fuel

into the reactor vessel."

10 CFR 50.36 establishes the requirements for Technical Specifications. 50.36(c)(5),

Administrative Controls, identifies that an Administrative Controls section shall be included

in the Technical Specifications and shall include provisions relating to organization and

management, procedures, recordkeeping, review and audit, and reporting necessary to

assure operation of the facility in a safe manner. This amendment request is proposing JAFP 15-143 Page 9 of 13 changes to the Administrative Controls section consistent with the pending

decommissioning status of the plant. This request applies the principles identified in

50.36(c)(6), Decommissioning, for a facility which has submitted certifications required by

50.82(a)(1) and proposes changes to the Administrative Controls appropriate for the JAF

permanently defueled condition. As 10 CFR 50.36(c)(6) states, this type of change should

be considered on a case-by-case basis.

10 CFR 50.54(m) establishes the requirements for having Reactor Operators and Senior

Reactor Operators licensed in accordance with Part 55 based on plant conditions. Based

on the impending permanent cessation of operation for JAF, the requirements of this

section will no longer apply once the certifications required by 10 CFR 50.82(a)(1) have

been submitted to the NRC and it will be permissible to remove those positions from the

Technical Specifications.

10 CFR 50.54(hh) establishes the requirements for developing, implementing and

maintaining procedures and strategies for addressing potential aircraft threats and large

area fires or explosions. 10 CFR 50.54(hh)(3) states that this section of the regulation does

not apply to nuclear power plants that have submitted the certifications required by 10 CFR

50.82(a).

3.2 NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION Pursuant to 10CFR50.92, Entergy Nuclear Operations, Inc. (ENO) has reviewed the proposed change and concludes that the change does not involve a significant hazards

consideration since the proposed change satisfies the criteria in 10CFR50.92(c). These

criteria require that operation of the facility in accordance with the proposed amendment

would not (1) involve a significant increase in the probability or consequences of an

accident previously evaluated; (2) create the possibility of a new or different kind of

accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.

The proposed changes would revise and remove certain requirements contained within

Section 5.0, Administrative Controls, of the James A. Fitzpatrick Nuclear Power Plant (JAF)

Technical Specifications (TS). The TS requirements being changed would not be applicable

once it has been certified that all fuel has permanently been removed from the JAF reactor

in accordance with 10 CFR 50.82(a)(1)(ii). Once the certifications for permanent cessation

of operations and permanent fuel removal are made, the 10 CFR Part 50 license for JAF no

longer will authorize operation of the reactor or placement of fuel in the reactor vessel, in

accordance with 10 CFR 50.82(a)(2).

The discussion below addresses each of these criteria and demonstrates that the proposed

amendment does not constitute a significant hazard.

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

Response: No.

The proposed amendment would not take effect until JAF has permanently

ceased operation and entered a permanently defueled condition. The

proposed amendment would modify the JA F TS by deleting the portions of the TS that are no longer applicable to a permanently defueled facility, while JAFP 15-143 Page 10 of 13 modifying the other sections to correspond to the permanently defueled

condition.

The deletion and modification of provisions of the administrative controls do

not directly affect the design of st ructures, systems, and components (SSCs) necessary for safe storage of irradiated fuel or the methods used for

handling and storage of such fuel in the fuel pool. The changes to the

administrative controls are administr ative in nature and do not affect any accidents applicable to the safe management of irradiated fuel or the

permanently shutdown and defueled condition of the reactor.

In a permanently defueled condition, the only credible accident is the fuel

handling accident.

The probability of occurrence of previously evaluated accidents is not

increased, since extended operation in a defueled condition will be the only

operation allowed, and therefore bounded by the existing analyses.

Additionally, the occurrence of postulated accidents associated with reactor

operation is no longer credible in a permanently defueled reactor. This

significantly reduces the scope of applicable accidents.

Therefore, the proposed amendment does not involve a significant increase

in the probability or consequences of an accident previously evaluated.

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

Response: No.

The proposed changes have no impact on facility SSCs affecting the safe

storage of irradiated fuel, or on the methods of operation of such SSCs, or

on the handling and storage of irradiated fuel itself. The administrative

removal of or modifications of the TS that are related only to administration

of facility cannot result in different or more adverse failure modes or

accidents than previously evaluated bec ause the reactor will be permanently shutdown and defueled and JAF will no longer be authorized to operate the

reactor.

The proposed deletion of requirements of the JAF TS do not affect systems

credited in the accident analysis for the fuel handling accident at JAF. The

proposed TS will continue to require proper control and monitoring of safety

significant parameters and activities.

The proposed amendment does not result in any new mechanisms that

could initiate damage to the remaining relevant safety barriers for defueled

plants (fuel cladding and spent fuel cooling). Since extended operation in a

defueled condition will be the only operation allowed, and therefore bounded

by the existing analyses, such a condition does not create the possibility of a

new or different kind of accident.

Therefore, the proposed change does not create the possibility of a new or

different kind of accident from any previously evaluated.

JAFP 15-143 Page 11 of 13

3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No.

Because the 10 CFR Part 50 license for JAF will no longer authorize

operation of the reactor or emplacement or retention of fuel into the reactor

vessel once the certifications required by 10 CFR 50.82(a)(1) are submitted, as specified in 10 CFR 50.82(a)(2), the occurrence of postulated accidents

associated with reactor operation is no longer credible. The only remaining

credible accident is a fuel handling accident (FHA). The proposed

amendment does not adversely affect the inputs or assumptions of any of

the design basis analyses that impact the FHA.

The proposed changes are limited to those portions of the OL and TS that

are not related to the safe storage of irradiated fuel. The requirements that

are proposed to be revised or deleted from the JAF OL and TS are not

credited in the existing accident analysis for the remaining applicable

postulated accident; and as such, do not contribute to the margin of safety

associated with the accident analysis. Postulated DBAs involving the reactor

are no longer possible because the reactor will be permanently shutdown

and defueled and JAF will no longer be authorized to operate the reactor.

Therefore, the proposed change does not involve a significant reduction in

the margin of safety.

Based on the above, ENO concludes that the proposed 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.

3.3 PRECEDENT

The proposed changes are consistent with the existing TS Administrative Controls currently in effect for Vermont Yankee Nuclear Power Station (DPR-28), which was last substantively

revised on December 22, 2014 (Reference 7).

The proposed changes are consistent with the existing TS Administrative Controls currently in effect for Millstone Nuclear Power Station (DPR-21), which was last substantively revised on March 31, 2001 (Reference 4). The Millstone license amendment that was issued to reflect the permanently shutdown status of the plant on November 9, 1999 (Reference 5),

contains TS Administrative Controls similar to those being proposed herein.

The proposed changes are also consistent with the TS Administrative Controls issued to

Zion Nuclear Power Station on December 30, 1999 (Reference 6) to reflect the permanently

shutdown status of the plant.

3.4 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.

JAFP 15-143 Page 12 of 13

4. ENVIRONMENTAL CONSIDERATIONS This amendment request meets the eligibility criteria for categorical exclusion from environmental review set forth in 10CFR51.22(c)(9) as follows:

(i) The amendment involves no significant hazards consideration.

As described in Section 3 of this evaluation, the proposed change involves no significant

hazards consideration.

(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

The proposed amendment does not involve any physical alterations to the plant

configuration that could lead to a change in the type or amount of effluent release offsite.

(iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed amendment does not involve a significant increase in individual or

cumulative occupational radiation exposure.

Based on the above, ENO concludes that the proposed change meets the eligibility criteria for

categorical exclusion as set forth in 10CFR51.22(c)(9). Pursuant to 10CFR51.22(b), no

environmental impact statement or environm ental assessment need be prepared in connection with the issuance of this amendment.

5. REFERENCES

1. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Notification of Permanent Cessation of Power Operations," JAFP 15-133, dated November 18, 2015

2. Letter, Entergy Nuclear Operations, Inc. to USNRC "Request for Approval of Certified Fuel Handler Training Program," JAFP 15-142, dated January 15, 2016

3. NUREG-1433, "Standard Technical Specifications General Electric BWR/4 Plants,"

Revision 4

4. Millstone Nuclear Power Station, Unit 1, Amendment No.109, License No. DPR-21, Date of Issuance March 31, 2001 (ADAMS Accession No. ML010920303)

5. NRC Safety Evaluation for Millstone Power Station Unit 1 in License Amendment 106 to DPR-21, dated November 9, 1999 (ADAMS Accession Nos. ML993330283

and ML993330269)

6. NRC Safety Evaluation for Zion Nuclear Station in License Amendments 180 and 167 (for Units 1 and 2 respectively (License Nos. DPR-39 and DPR-48)), dated

December 30, 1999 (ADAMS Accession Nos. ML003672704 and ML003672696)

JAFP 15-143 Page 13 of 13

7. Vermont Yankee Nuclear Power Station, Amendment No.260, License No. DPR-29, Date of Issuance December 22, 2014 (ADAMS Accession No. ML14217A072)

JAFP-15-143 Docket 50-333

Attachment 2 James A. FitzPatrick Nuclear Power Plant Markup of the Current Technical Specification Pages

(4) ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools. (5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below: (1) Maximum Power Level ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. aGB, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection ENO shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No. 1 dated February 1, 1973; the SER Supplement No. 2 dated October 4, 197 4; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23, 1989), 164 (dated August 10, 1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19, 1993), 190 (dated June 29, 1993), 191 (dated July 7, 1993), 206 (dated February 28, 1994) and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:

Amendment aG9 Renewed license No. DPR-59 Responsibility 5.1 5.0 ADMINISTRATIVE CONTROLS 5.1 Responsibility dtacility I 5.1.1 5.1.2 JAFNPP It The plant manager shall be responsible for overall p.'.J.aRt operation and shall delegate in writing the succession to this responsibility during his absence. The plant manager or his designee shall approve, prior to implementation, each proposed test, experiment, and modification to systems or equipment that affect nuclear safety. The shift supervisor (SS) shall be responsible for the control command function.

During any absence of the SS from the control room while the plant is in MODE 1, 2, or 3, an individual with an active (SRO) license shall be designated to ass tr room co11111and function.

During any absence of the SS from the control room while the plant is in MODE 4 or 5, an individual with an active SRO license or Reactor Operator license shall be designated to assume the control l'!Gmll c;ommand function.

5.1-1 Amendment 214 Organization 5.2 5.0 ADMINISTRATIVE CONTROLS the safe handling and 5.2 Organization storage of nuclear fuel 5.2.1 The corporate officer facility Each duty shift shall be composed of at least one shift supervisor and one Non-certified Operator.

Onsite and offsite organizatio s shall be established for eperation and corporate manage ent, respectively.

The onsite and offsite organizations shall in lude the positions for activities affecting safety of the nuclea pgwer

a. b. Lines of authority, respo sibility, and communication shall be defined and establishe throughout highest management levels, intermediate levels, and all operating organization positions.

These relatio ships shall be documented and updated, as appropriate, in organization charts, functional descriptions of departmen al responsibilities and relationships, and job de criptions for key personnel positions, or in equivale t forms of documentation.

These requirements.

including t e plant-specific titles of those personnel fulfilling the esponsibilities of the positions delineated in these Technical Specifications, shall be documented in the UFSAR; f .1.t t T plant manager sh ope ation of the an onsi activities necessa maint nee of the p+aRt, ac1 1 y s orage responsible for ov rall safe shall have contr over those for safe and nuclear fuel a ave corporate sibility for overall plant nuclear safety and shall take an sures needed to ensure acceptable performance of the staff in ating, maintaining, and providing technical support to ; and Certified Fuel Handlers The Non-Certified

d. The individua s w o rain e op , arry out radiation protection, or perform quality assuran functions may report to the appropriate onsite manager: howe r, these individuals shall have sufficient organizational fre om to ensure their :U:ldep deRGe-frGm operating pressures . Operator position may be filled by a Certified Fuel Handler. JAFNPP ability to perform their safe management assigned functions of nuclear fuel facility staff organization shall include the following: (continued) 5.2*1 Amendment 274 5.2 Organization 5.2.2 Plant Staff (continued)

Organization 5.2 b. Shift crew composition may be less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months in order to accommodate unexpected absence of duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

c. A radiation protection technician shall be on site whefl f1::.1el is in the during the movement "---" reactor. The position may be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in of fuel and during the order to provide for unexpected absence, provided immediate action is movement of loads taken to fill the required position.

over fuel d. Deleted e. The shift supervisor shall be a Certified Fuel Handler JAFNPP At least one person qualified to stand watch in the control room (Non-certified Operator or Certified Fuel Handler) shall be present in the control room when nuclear fuel is stored in the spent fuel pool. 5.2-2 Oversight of fuel handling operations shall be provided by a Certified Fuel Handler. Amendment 3G4 Plant Staff Qualifications 5.3 Facility 5.0 5.3 Staff Qualifications ritacility I \J,-5.3.1 Each member of the t:ffiit staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions with exceptions specified in the Entergy Quality Assurance Program Manual (QAPM). 5.3.2 For the purpose of 10 CFR §§.4, a lieensed Senior Reaetor Operator (SRO) and a lieensed Reaetor Operator (RO) are those indi* .. iduals 1+*1ho, in addition to meeting the requirements of TS 6.a.1, perform the funetions deseribed in 10 CFR 60.§4\). JAFNPP \_An NRC approved training and retraining program for Certified Fuel Handlers shall be maintained 5.3-1 Amendment a04 JAFP-15-143 Docket 50-333

Attachment 3 James A. FitzPatrick Nuclear Power Plant Retyped Technical Specification Pages

Responsibility 5.1 5.0 ADMINISTRATIVE CONTROLS

5.1 Responsibility 5.1.1 The plant manager shall be responsible for overall facility operation and shall delegate in writing the succession to this responsibility during his absence.

The plant manager or his designee shall approve, prior to Implementation, each proposed test, experiment, and Modification to systems or equipment that affect nuclear

safety. 5.1.2 The shift supervisor (SS) shall be responsible for the shift command function.

JAFNPP 5.1-1 Amendment 274

Organization 5.0 ADMINISTRATIVE CONTROLS

5.2 5.2 Organization 5.2.1 Onsite and Offsite Organizations Onsite and offsite organizations shall be established for facility staff and corporate management, respectively. The onsite and offsite organizations shall include the positions for activities affecting safety of the nuclear fuel.

a. Lines of authority, responsibility, and communication shall 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 facility and shall have control over those onsite activities necessary for safe storage and maintenance of the nuclear fuel;

c. The corporate officer shall have overall responsibility for the safe handling and storage of nuclear fuel and shall take any measures needed to ensure acceptable performance of the staff in operating, maintaining, and providing technical support to the facility to ensure safe management of nuclear

fuel; and d. The individuals who train the Certified Fuel Handlers, 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 ability to perform their assigned functions.

5.2.2 Facility Staff The facility staff organization shall include the following:

a. Each duty shift shall be composed of at least one shift supervisor and one Non-certified Operator. The Non-certified Operator position may be filled by a Certified Fuel Handler.

b. Shift crew composition may be less than the minimum requirements of 5.2.2.a for a period of time not to exceed 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months 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.

JAFNPP 5.2-1 Amendment 274

Organization 5.2 5.0 ADMINISTRATIVE CONTROLS 5.2 Organization (continued)

c. A radiation protection technician shall be on site during the movement of fuel and during the movements of loads over fuel.

The position may be vacant for not more than 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months , in

order to provide for unexpected absence, provided immediate

action is taken to fill the required position.

d. Oversight of fuel handling operations shall be provided by a Certified Fuel Handler.

e. The shift supervisor shall be a Certified Fuel Handler.

f. At least one person qualified to stand watch in the control room (Non-certified Operator or Certified Fuel Handler) shall be present in the control room when nuclear fuel is stored in

the spent fuel pool.

JAFNPP 5.2-2 Amendment 274

Facility Staff Qualifications 5.3

5.0 ADMINISTRATIVE CONTROLS 5.3 Facility Staff Qualifications

5.3.1 Each member of the facility staff shall meet or exceed the minimum qualifications of ANSI/ANS 3.1-1978 for comparable positions with

exceptions specified in the Quality Assurance Program Manual (QAPM).

5.3.2 An NRC approved training and retraining program for Certified Fuel Handlers shall be maintained.

JAFNPP 5.3-1 Amendment 274