ML082940010

Issuance of Amendment Technical Specification Change as Part of Implementation of TSTF-374, Revision to TS 5.5.9 for Diesel Fuel Oil

ML082940010
Person / Time
Site:	Clinton
Issue date:	10/30/2008
From:	Sands S Plant Licensing Branch III
To:	Pardee C AmerGen Energy Co
Sands S,NRR/DORL, 415-3154
References
TAC MD6871
Download: ML082940010 (11)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 October 30, 2008 Mr. Charles G. Pardee Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 CLINTON POWER STATION, UNIT NO.1-ISSUANCE OF AMENDMENT RE: TECHNICAL SPECIFICATION CHANGE AS PART OF IMPLEMENTATION OF TSTF-374, REVISION TO TS 5.5.9 FOR DIESEL FUEL OIL (TAC NO. MD6871)

Dear Mr. Pardee:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 182 to Facility Operating License No. NPF-62 for the Clinton Power Station, Unit No.1. The amendment is in response to your application dated September 27,2007, as supplemented by letter dated September 5, 2008. The amendment modifies the technical specification (TS) by relocating references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents as part of the implementation of Technical Specification Task Force (TSTF) Traveler No. 374 (TSTF-374).

This proposed change to the standard technical specifications (STS) was submitted by the TSTF in TSTF-374, "Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil," and is applicable to all nuclear power reactors.

A copy of the Safety Evaluation is also enclosed.

The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice. Sincerely, <(I ./) X_ \.fiff!1ft if llti4--

P. Sands, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No.182 to NPF-62 2. Safety Evaluation cc w/encls: Distribution via Listserv Mr. Charles G. Pardee October 30,2008 Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 SUB..CLINTON POWER STATION, UNIT NO.1 -ISSUANCE OF AMENDMENT RE: TECHNICAL SPECIFICATION CHANGE AS PART OF IMPLEMENTATION OF TSTF-374, REVISION TO TS 5.5.9 FOR DIESEL FUEL OIL (TAC NO. MD6871)

Dear Mr. Pardee:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 182 to Facility Operating License No. NPF-62 for the Clinton Power Station, Unit NO.1. The amendment is in response to your application dated September 27,2007, as supplemented by letter dated September 5, 2008. The amendment modifies the technical specification (TS) by relocating references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents as part of the implementation of Technical Specification Task Force (TSTF) Traveler No. 374 (TSTF-374).

This proposed change to the standard technical specifications (STS) was submitted by the TSTF in TSTF-374, "Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil," and is applicable to all nuclear power reactors.

A copy of the Safety Evaluation is also enclosed.

The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice. Sincerely, IRA! Stephen P. Sands, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461

Enclosures:

1. Amendment No. 182 to NPF-62 2. Safety Evaluation DISTRIBUTION:

PUBLIC LPL3-2 R/F GHil1 (2) RidsOgcRp Resource RidsNrrLAEWhitt Resource RidsNrrDirsltsb Resource RidsNrrPMClinton Resource RidsNrrDorlLpl3-2 Resource RidsNrrDorlDpr Resource RidsNrrRgn3MailCenter Resource RidsAcrsAcnw&mMailCenter Resource Package: ML Amendment:

ML082940010 T h S P ec ipec aqes: ML NRR 058 -OFFICE LPL3-2/PM LPL3-2/LA DIRS/ITSB DIRS/ITSB OGC LPL3-2/BC NAME SSands EWhitt RElliott e-mail AHiser e-mail JBielecki RGibbs DATE 10/29/08 10/29/08 10 I 08 108 10 I 20 108 10 I 27 108 10/30108 OFFICIAL RECORD COPY UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555*0001 AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-461 CLINTON POWER STATION, UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 182 License No. NPF-62 The U.S. Nuclear Regulatory Commission (the Commission) has found that: The application for amendment by AmerGen Energy Company, LLC (the licensee), dated September 27,2007, as supplemented by letter dated September 5, 2008, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. NPF-62 is hereby amended to read as follows:

-2 Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 182 and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan. This license amendment is effective as of its date of issuance and shall be implemented within 60 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Russell Gibbs, Chief Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications and Facility Operating License Date of Issuance:

October 30, 2008 ATTACHMENT TO LICENSE AMENDMENT NO. FACILITY OPERATING LICENSE NO. DOCKET NO. Replace the following pages of the Facility Operating License and Appendix "A" Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change. Remove License NPF-62 License N PF-62 Page 3 Page 3 TSs TSs 5.0-14 5.0-14

-3AmerGen Energy Company, LLC, pursuant to the Act and to 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; AmerGen Energy Company, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and AmerGen Energy Company, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility. nlis license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I 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: Maximum Power Level AmerGen Energy Company, LLC is authorized to operate the facility at reactor core power levels not in excess of 3473 megawatts thermal (100 percent rated power) in accordance with the conditions specified herein. Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 182, are hereby incorporated into this license. AmerGen Energy Company, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan. Amendment No. 182 Programs and Manuals 5.5 5.5 and Manuals Explosive Gas and Storage Tank Radioactivity Monitoring Program (continued) A surveillance program to ensure that the quantity of radioactive material contained in each outdoor tank that is not surrounded by a liner, dike, or walls capable of holding the tank's contents and that does not have a tank overflow and surrounding area drains connected to the liquid radwaste treatment system is $ 10 curies, excluding tritium and dissolved or entrained noble gases. The provisions of SR 3.0.2 and SR 3.0.3 are applicable to the Explosive and Storage Tank Radioactivity Monitoring Program surveillance frequencies.

5.5.9 Diesel Fuel Oil Testing Program A diesel oil testing program to implement required testing of both new oil and stored fuel oil shall be established.

The program include sampling and testing requirements, and acceptance criteria, all in accordance with applicable ASTM Standards.

The purpose of the program is to establish the following: Acceptability of new fuel oil for use prior to addition to storage tanks by determining that the fuel oil has: an API gravity or an absolute specific gravity within limits, a kinematic viscosity within limits for ASTM 20 fuel oil, and a water and sediment content within limits or a clear and bright appearance with proper color; Other properties of the new fuel oil are within limits for ASTM 20 fuel oil within 31 days of addition to the storage tanks; and Total particulate concentration of the fuel oil in the storage tanks is $ 10 mg/l when tested every 31 days. (continued) 5.0-14 Amendment No. 182 UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 182 TO FACILITY OPERATING LICENSE NO. NPF-62 AMERGEN ENERGY COMPANY, LLC CLINTON POWER STATION, UNIT NO.1 DOCKET NO. 50-461

1.0 INTRODUCTION

By letter dated September 27,2007 (Agencywide Documents Management System (ADAMS) Accession No. ML072700566), AmerGen Energy Company, LLC, the licensee, submitted a license amendment request (LAR) to amend the Clinton Power Station, Unit NO.1 (CPS), License NPF-62. During its review, the Nuclear Regulatory Commission (NRC, the Commission) staff determined that additional information was necessary.

During a phone calion August 26, 2008, the NRC staff requested the licensee provide supplemental information to address why the current CPS technical specifications (TSs) Bases were not being revised to reflect the Bases as documented in NRC-approved Technical Specification Task Force (TSTF) Traveler No. 374 (TSTF-374).

On September 5, 2008, the CPS supplemented its initial submittal to provide additional information and clarification of the LAR (Agencywide Documents Access and Management System (ADAMS) Accession No. ML082520209).

The information provided in the supplement clarified the application, did not expand the scope of the application as originally noticed, and did not affect the NRC staff's original no significant hazards consideration determination provided in the Federal Register on December 18, 2007 (72 FR 71705). The LAR proposes to revise the CPS TSs to incorporate changes to Section 5, "Administrative Controls." These changes reflect the current configuration of the plant. The licensee proposes to adopt NRC's approved consolidated line item improvement process (CLlIP) TSTF-374, "Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil," with exceptions.

The proposed amendment would modify the CPS TS 5.5.9, "Diesel Fuel Oil Testing Program", by relocating references to specific American Society for Testing and Materials (ASTM) standards for fuel oil testing to licensee-controlled documents.

The changes to 374 were described in a Notice of Availability published in the Federal Register on February 22, 2006 (72 FR 9179).

-2 The following CPS TS Bases deviations from the NRC approved TSTF-374 are discussed in detail in Section 3.0, Technical Evaluation, of this report: SR 3.8.3.3.b Bases -The proposed TS Bases do not contain a discussion of sampling for absolute specific gravity. SR 3.8.3.3.c Bases -The proposed TS Bases refers to ASTM standard D975-06b rather than ASTM standard 02709 as referenced in TSTF-374, SR 3.8.3.3 Bases -The proposed TS Bases do not contain a discussion of sulfur analysis. SR 3.8.3.3 Bases -The proposed TS Bases replace the referenced standard for testing diesel fuel particulate concentrations that is called for by TSTF-374. Bases Section 3.8.3 References

-The proposed Bases section references reflect the proposed deviations from the TSTF-374 ASTM standards. REGULATORY EVALUATION The onsite electrical power system includes standby power sources, distribution systems, and vital auxiliary supporting systems to supply power to safety-related equipment.

Most commercial nuclear power plants use diesel generators (DGs) as the emergency power source for the safety-related electrical buses. The importance of the DGs (or other standby power sources) is reflected in their incorporation into NRC regulations, TS, and other regulatory programs, including Appendix B ("Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants") to Part 50 of Title 10 of the Code of Federal Regulations (10 CFR). NUREG-0800, "Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants," addresses diesel fuel oil and other supporting systems in Section 9.5.4, "Emergency Diesel Engine Fuel Oil Storage and Transfer System Review Responsibilities." The TSs include requirements for testing diesel fuel oil to ensure it is of the appropriate grade and that it has not been contaminated (i.e., proper fuel oil quality).

The Diesel Fuel Oil Testing Program defined in the TSs include tests for (1) the acceptability of new fuel oil for use prior to addition to storage tanks; (2) other properties of new fuel oil within limits within 30 days following sampling and addition to storage tanks; and (3) total particulate concentration of the fuel oil every 31 days. The current TS identify particular ASTM standards and methods of performing these tests. The industry submitted TSTF-374 proposing changes to the standard technical specification (STS) (NUREGs 1430 -1434) to provide the flexibility to address future changes in Environmental Protection Agency regulations for fuel oil or revisions to the ASTM standards.

TSTF-374 was reviewed and approved by the NRC staff and has been incorporated into each of the STS NUREGs. Requirements for testing the diesel fuel oil are maintained, but references to specific ASTM standards are relocated to licensee-controlled documents. TECHNICAL EVALUATION The TS changes proposed by the licensee incorporate TSTF-374 with the exception of the water and sediment content test as alternative criteria to the "clear and bright" acceptance test for new

-3 fuel oil located in TS 5.5.9.a.3.

This change was made in a previous NRC approved license amendment to the CPS TSs. The licensee also proposes deviations from the model TSTF-374 TS Bases as discussed below. The following detailed evaluation will support the conclusion that: (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. Relocation of the specific ASTM Standard form the Administrative Controls (AC) Section of TS to a licensee controlled document The licensee proposes to adopt NRC-approved TSTF-374 which relocates the reference to specific ASTM standards from the CPS TS AC Section 5.5.9, "Diesel Fuel Oil Testing Program," to the TS Bases, a licensee-controlled document.

Although the reference to specific testing standards or methods is relocated, TS 5.5.9 retains acceptance criteria for new and stored diesel fuel oil and refers to "applicable ASTM standards" for sampling and testing requirements.

The specific testing standards or methods are relocated to the TS Bases Section, which are controlled in accordance with 10 CFR 50.59, "Changes, tests, and experiments," as described in TS 5.5.11, "Technical Specification (TS) Bases Control Program." The licensee's testing programs for diesel fuel oil are also governed by other regulatory requirements, including Appendix B (Quality Assurance Criteria) to 10 CFR Part 50. While the relocation of selected program details provides the licensee with some flexibility to adopt practices defined in future ASTM standards, the NRC staff finds that the remaining TS, TS Bases Control Program, and other NRC regulations provide appropriate regulatory controls to ensure diesel fuel oil quality will be maintained.

The proposed relocation is in compliance with the requirements of 10 CFR 50.36 and consistent with the content and format of improved STS. Therefore, the proposed relocation of specific ASTM standards from the CPS TS AC, Section 5.5.9 to the TS Bases, a licensee-controlled document, is acceptable. TSTF-374 Bases Surveillance Requirements (SR) 3.8.3 Deviations The licensee identified several deviations from TSTF-374 Bases. The following evaluation by the Chemical Engineering

& Steam Generator Integrity Branch (CSGB) addresses the technical adequacy of the proposed CPS TS Bases, as compared to TSTF-374 Bases, and specifically addresses each of the deviations from TSTF-374 Bases as identified in the previously referenced supplemental information letter. This evaluation concludes that the licensee's proposed CPS TS Bases, deviations from TSTF-374 Bases, are acceptable. SR 3.8.3.3.b Bases The proposed CPS TS bases do not contain a discussion of sampling for absolute specific gravity. The CPS fuel consumption and stored volume calculations are based on American Petroleum Institute (API) gravity, therefore the absolute specific gravity is not tested. The TSTF-374 Bases allow an option of testing absolute specific gravity, or API gravity, in accordance with ASTM Standard 01298. The proposed CPS Bases states that API gravity testing will be conducted in accordance with ASTM 01298-99.

In addition, the proposed CPS

-4 Bases call for a more restrictive range of API gravity than the TSTF. The NRC staff finds that the proposed CPS TS Bases Section SR 3.8.3.3.b meets the intent of the TSTF for API gravity sampling and are acceptable.

The proposed CPS TS Bases do not contain a discussion of the required flash point for diesel fuel samples. The CPS TS bases do, however, reference ASTM 0975-06b in accordance with the TSTF-374 Bases. Table 1 of ASTM 0975-06b contains the requirements for flashpoint and the requirements are therefore included by reference in the CPS TS Bases. The NRC staff finds the proposed Bases deviation acceptable because the requirements for flash point testing are included in the referenced ASTM standard.

Additionally, the proposed CPS TS Bases reverse the order in which ASTM standards 0976 and 01298 are discussed.

This deviation from TSTF-374 is administrative and has no impact on the technical adequacy of the CPS TS Bases. The NRC staff finds this acceptable, because it does not impact the technical adequacy of the CPS TS Bases. 3.2.2 SR 3.8.3.3.c Bases The proposed CPS TS Bases refers to ASTM standard 0975-06b, rather than ASTM standard 02709, as referenced in TSTF-374.

ASTM 02709 is a standard for testing water sediment content in fuel oil. ASTM 0975 is a parent standard that refers the user to standard 02709 for water sediment sampling requirements.

The proposed CPS TS Bases, therefore, direct the use of TSTF-374 approved standard by reference.

In addition the proposed CPS TS Bases call out a value for sediment content of y 0.05 v/o. The proposed CPS TS Bases ASTM deviation from TSTF-374 is adequate for ensuring the sediment content of sampled diesel fuel. The requested deviations from TSTF-374 Bases do not result in changes to the fuel oil surveillance test requirements or frequency.

The methodology for sampling and testing the fuel oil properties are contained in the specific ASTM Standards identified in the TS Bases. Therefore, the NRC staff finds the licensee's proposed deviations from the TSTF-374 Bases acceptable.

3.2.3 SR 3.8.3.3 Bases The proposed CPS TS Bases do not contain a discussion of sulfur analysis.

TSTF-374 refers to ASTM standards 01522, 02622, and 04294 for performing sulfur analysis.

The proposed CPS Bases reference ASTM 0975, in accordance with TSTF-374, which directs the user to the same ASTM standards referred to by TSTF-374 (01522,02622, and 04294) as acceptable methods for performing sulfur analysis.

Because the methods for sulfur analysis are included in ASTM 0975, and because the proposed CPS TS Bases call for testing in accordance with ASTM 0975, the NRC staff finds that the proposed CPS TS Bases meets the intent of TSTF-374 Bases. 3.2.4 SR 3.8.3.3 Bases The proposed CPS TS Bases replace the referenced standard for testing diesel fuel particulate concentrations that is called for by TSTF-374.

The TSTF states that particulate concentrations should be determined in accordance with ASTM 05452 with a particulate concentration limit of

-5 10 mg/L. The proposed CPS TS Bases call for particulate concentrations to be determined in accordance with ASTM 06217-98, with the same limit of 10 mg/L total particulate concentration.

CPS states that ASTM 06217-98 is a more appropriate standard for testing middle distillate fuels, such as the diesel fuel oil utilized at CPS, and that ASTM 05452 was developed for testing of aviation fuel. The test methods described in ASTM 06217-98 determine the mass of particulate in middle distillate fuels by filtration.

The particulate contamination limits specified in the proposed CPS TS Bases are consistent with the limits in TSTF-374 and the test methods described in ASTM 06217-98 are appropriate for testing the fuel at CPS. Since the test methods and particulate concentration limits are the same in both ASTM standards, the NRC staff, therefore, finds the use of ASTM 06217-98 in lieu of ASTM 05452 an acceptable deviation from TSTF-374 for testing CPS diesel fuel oil particulate concentration.

3.2.5 Bases Section 3.8.3 References The proposed CPS Bases references reflect the licensee's deviations from the TSTF-374 ASTM standards.

The references are consistent with the standards referenced in the Bases sections described above. The technical adequacy of each deviation is evaluated above. The NRC staff finds the proposed CPS Bases reference section appropriate and consistent with the requested deviations from TSTF-374.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Illinois official was notified of the proposed issuance of the amendments.

The State official had no comments.

5.0 ENVIRONMENTAL CONSIOERATION The amendment changes a requirement with respect to the installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20 and changes surveillance requirements.

The NRC staff has determined that the amendment involves no significant increase in the amounts and no significant change in the types of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure.

The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been: (1) no public comment on such finding, and (2) the following comments with subsequent disposition by the NRC staff (72 FR 71705; Oecember 18, 2007). Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9).

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.

-6

6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that (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 amendments will not be inimical to the common defense and security or to the health and safety of the public. Principle G. Waig, NRR M.Yoder, NRR Dated: October 30, 2008