ML062280304

Issuance of Amendment Relocation of Technical Specifications

ML062280304
Person / Time
Site:	Pilgrim
Issue date:	09/14/2006
From:	James Shea NRC/NRR/ADRO/DORL/LPLI-1
To:	Kansler M Entergy Nuclear Operations
SHea J, NRR/DORL, 415-1388
References
TAC MC5421
Download: ML062280304 (10)

Text

September 14, 2006Mr. Michael KanslerPresident Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

PILGRIM NUCLEAR POWER STATION - ISSUANCE OF AMENDMENT RE: RELOCATION OF TECHNICAL SPECIFICATIONS (TAC NO. MC5421)

Dear Mr. Kansler:

The Commission has issued the enclosed Amendment No. 224 to Facility Operating LicenseNo. DPR-35 for the Pilgrim Nuclear Power Station. The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated December 14, 2004, which was subsequently revised by letter dated August 30, 2006. Specifically, this amendment relocates TSs structural integrity requirements to the Pilgrim Final Safety Analysis Report. A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register Notice. Sincerely,/RA/James J. Shea, Project ManagerPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-293

Enclosures:

1. Amendment No. 224 to License No. DPR-35

2. Safety Evaluationcc w/encls: See next page September 14, 2006Mr. Michael KanslerPresident Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

PILGRIM NUCLEAR POWER STATION - ISSUANCE OF AMENDMENT RE: RELOCATION OF TECHNICAL SPECIFICATIONS (TAC NO. MC5421)

Dear Mr. Kansler:

The Commission has issued the enclosed Amendment No. 224 to Facility Operating LicenseNo. DPR-35 for the Pilgrim Nuclear Power Station. The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated December 14, 2004, which was subsequently revised by letter dated August 30, 2006. Specifically, this amendment relocates TSs structural integrity requirements to the Pilgrim Final Safety Analysis Report. A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register Notice. Sincerely,/RA/James J. Shea, Project ManagerPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-293

Enclosures:

1. Amendment No. 224 to License No. DPR-35

2. Safety Evaluationcc w/encls: See next page DISTRIBUTION

PUBLICRidsNrrDorlLpl1-1RPowell, RIRidsOGC RP CSchulten PDI-I R/FRidsNrrLASLittle RidsNrrPMJSheaGHill (2)

RidsAcrsAcnwMailAccession Number: ML062280304OFFICELPL1-1/PMLPL1-1/LAITSB/BCOGCLPL1-1/BCNAMEJSheaSLittleTKobetzSUttalRLauferDATE 8/30/068/31/06 9/01/069/11/069/12/06OFFICIAL RECORD COPY ENTERGY NUCLEAR GENERATION COMPANYENTERGY NUCLEAR OPERATIONS, INC.DOCKET NO. 50-293PILGRIM NUCLEAR POWER STATIONAMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 224 License No. DPR-351.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment filed by Entergy Nuclear Operations, Inc. (thelicensee) dated December 14, 2004, subsequently revised by letter dated August 30, 2006, complies with the standards and requirements of the AtomicEnergy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter 1;B.The facility will operate in conformity with the application, the provisions of theAct, and the rules and regulations of the Commission;C.There is reasonable assurance: (I) that the activities authorized by thisamendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with theCommission's regulations;D.The issuance of this amendment will not be inimical to the common defense andsecurity or to the health and safety of the public; andE.The issuance of this amendment is in accordance with 10 CFR Part 51 of theCommission's regulations and all applicable requirements have been satisfied.

2.Accordingly, the license is amended by changes to the license and TechnicalSpecifications as indicated in the attachment to this license amendment, and paragraph 3.B of Facility Operating License No. DPR-35 is hereby amended to read as follows:B.Technical SpecificationsThe Technical Specifications contained in Appendix A, as revised throughAmendment No. 224, are hereby incorporated into the license. The licensee shall operate the facility in accordance with the Technical Specifications.3.This license amendment is effective as of the date of issuance and shall beimplemented within 60 days.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Richard J. Laufer, ChiefPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Licenseand Technical SpecificationsDate of Issuance: September 14, 2006 ATTACHMENT TO LICENSE AMENDMENT NO. 224FACILITY OPERATING LICENSE NO. DPR-35DOCKET NO. 50-293Replace the following page of the Facility Operating License with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.

RemoveInsert 33Replace the following pages of the Appendix A Technical Specifications with the attachedrevised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

RemoveInsertiiii 3/4.6-83/4.6-8 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NO. 224 TO FACILITY OPERATING LICENSE NO. DPR-35ENTERGY NUCLEAR GENERATION COMPANYENTERGY NUCLEAR OPERATIONS, INC.PILGRIM NUCLEAR POWER STATIONDOCKET NO. 50-29

31.0INTRODUCTION

By letter dated December 14, 2004 (ADAMS Accession No. ML043560152) Entergy NuclearOperations, Inc. (the licensee) submitted a request for changes to the Pilgrim Nuclear Power Station (Pilgrim) Technical Specifications (TSs) which was subsequently revised by letter dated August 30, 2006 (ADAMS Accession No. ML062490489). The August 30, 2006, letter reduced the scope of the application as originally noticed. Hence, there is no change to the NRC staff'soriginal proposed no significant hazards consideration determination (70 FR 9991; March 1, 2005). This amendment as revised would remove the TSs associated with the Pilgrimstructural integrity requirements and relocates these requirements to the Pilgrim updated finalsafety analysis report (UFSAR).

2.0REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended (the "Act"), requires applicants fornuclear plant operating licenses to include TSs as part of the license. The Commission's regulatory requirements related to the content of TS are set forth in Title 10 of the Code ofFederal Regulations (10 CFR 50.36), "Technical specifications." The regulation requires thatTSs include items in five specific categories, including (1) safety limits, limiting safety systemsettings, and limiting control settings; (2) limiting conditions for operation (LCOs);

(3) surveillance requirements (SRs); (4) design features; and (5) administrative controls.

However, the regulation does not specify the particular requirements to be included in a plant's TSs. The regulation also specifies four criteria to be used in determining whether a particular item is required to be included in a LCO (10 CFR 50.36(i)(2)(ii)), as follows: Criterion 1 -

Installed instrumentation that is used to detect, and indicate in the control room, a significantabnormal degradation of the reactor coolant pressure boundary; Criterion 2 - A process variable, design feature, or operating restriction that is an initial condition of a design-basisaccident (DBA) or transient analysis that either assumes the failure of or presents a challengeto the integrity of a fission product barrier; Criterion 3 - A structure, system, or component thatis part of the primary success path and which functions or actuates to mitigate a DBA or transient that either assumes the failure of or presents a challenge to the integrity of a fissionproduct barrier, and Criterion 4 - A structure, system, or component which operating experienceor probabilistic risk assessment has shown to be significant to public health and safety. The Nuclear Regulatory Commission (NRC) staff and nuclear steam supply owners groupsdeveloped the Standard Technical Specifications (STS) that established models of theCommission's policy for TSs, and improved the format and clarity of the specifications.

NUREG-1433, "STS General Electric Plants, BWR/4," Revision 3, was approved and issued foruse by the NRC on June 30, 2004. Many Nuclear Power Plants such as Pilgrim have relocatedvarious specifications that are not required explicitly by 10 CFR 50.36 to other licensing basis documents such as a plants Final Safety Analysis Report utilizing the STS as a model. The NRC staff reviewed the licensee proposed change for compliance with 10 CFR 50.36 andwith the precedent as established in the STS.

3.0TECHNICAL EVALUATION

3.1 Current Pilgrim TS RequirementsTS 3.6.G.1 and the associated surveillance requirements (SR) 4.6.G provide generalprogrammatic elements for inservice inspections (ISI) of the structural integrity of Pilgrims' primary system boundary. The TS requires the primary system boundary to be maintained asrequired by the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code)Section XI, "Rules for ISI of Nuclear Power Plant Components," Articles IWA, IWB, IWC, IWD, IWF, and mandatory appendices as required by 10 CFR50.55a(g), except where specific relief has been granted by the NRC pursuant to 10 CFR 50.55a(g)(6)(i). The SRsimply states that the ISI of components shall be performed in accordance with the Pilgrim ISIprogram. The results of the inspections shall be evaluated and reviewed with the NRC. 3.2 Proposed Changes to the Pilgrim TS RequirementsThe structural integrity requirements of TS 3.6.G and the SR 4.6.G, will be relocated to thePilgrim UFSAR Appendix B.2. Therefore, any changes to these requirements will be strictlycontrolled by the provisions of 10 CFR 50.59, as well as 10 CFR 50.55a(g). 3.3 Staff Evaluation The safety basis for establishing programmatic requirements on structural integrity in TSsrelates to prevention of component degradation and continued long-term maintenance of acceptable structural conditions. Therefore, structural integrity of safe ty systems are notoperational limits that are an initial assumption of any DBA or transient analysis. 10 CFR 50.55a, "Codes and standards" specify the ASME Code requirements for plantoperations, maintenance and testing of ASME Code Class 1, 2, and 3 safety-related components. Each operating license for a boiling or pressurized water-cooled nuclear powerfacility is subject to the conditions in paragraphs (f) and (g) of 10 CRF 50.55a. Pilgrim TS 3.13 establishes the programmatic elements for conducting inservice testing (IST) ofASME Code Class 1, 2, and 3 pumps and valves. This TS provides the required frequencies for performing IST activities which is consistent with the STS Section 5.5.7, "Inservice Testing Program." Testing requirements for ASME Code 1, 2, and 3 pumps and valves are defined in 10 CFR 50.55a(f). 10 CFR 50.55(a)(g) provides the regulatory requirements for performing ISI of ASME Code Class 1, 2, and 3 components. These regulations ensure the structural integrity and continued long term maintenance of ASME Code Class 1, 2, and 3 components, pumpsand valves. The proposed relocated TSs are not required to be in TSs under 10 CFR 50.36 and do notmeet any of the four criteria. They are not needed to obviate the possibility that an abnormalsituation or event will give rise to an immediate threat to the public health and safety. Inaddition, the NRC staff finds that sufficient regulatory controls exist under the regulations citedabove to maintain the effect of the provisions in these specifications. The NRC staff has alsoconcluded that appropriate controls have been established for the specification, information,and requirements that are being relocated to the Pilgrim UFSAR. This is the subject of a licensing commitment established in the licensee's submittal on December 14, 2004, as supplemented on August 30, 2006. Following implementation, the NRC will audit the removedprovisions to ensure that an appropriate level of control has been achieved. The NRC staff has concluded that, in accordance with 10 CFR 50.36, sufficient regulatorycontrols exist under the regulations, particularly 10 CFR 50.59. Accordingly, these specifications, information, and requirements, as described in detail in this SE, may be relocated from Pilgrim TSs and placed in the Pilgrim UFSAR.

4.0STATE CONSULTATION

In accordance with the Commission's regulations, the Massachusetts State official was notifiedof the proposed issuance of the amendment. The State official had no comments.

5.0ENVIRONMENTAL CONSIDERATION

The amendment changes a requirement with respect to installation or use of a facilitycomponent located within the restricted area as defined in 10 CFR Part 20. The NRC staff hasdetermined that the amendment involves no significant increase in the amounts, and nosignificant change in the types, of any effluents that may be released offsite, and that there isno 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 no public comment on such finding (70 FR 9991; March 1, 2005). Accordingly, the amendment meets the eligibility criteria forcategorical 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.

6.0CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) thereis reasonable assurance that the health and safety of the public will not be endangered byoperation in the proposed manner, (2) such activities will be conducted in compliance with theCommission's regulations, and (3) the issuance of the amendment will not be inimical to thecommon defense and security or to the health and safety of the public.Principal Contributor: J. Shea, C. Schulten Date: September 14, 2006 Pilgrim Nuclear Power Station cc:

Regional Administrator, Region IU. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415Senior Resident InspectorU. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Post Office Box 867 Plymouth, MA 02360Chairman, Board of Selectmen11 Lincoln Street Plymouth, MA 02360ChairmanNuclear Matters Committee Town Hall 11 Lincoln Street Plymouth, MA 02360Chairman, Duxbury Board of SelectmenTown Hall 878 Tremont Street Duxbury, MA 02332Office of the CommissionerMassachusetts Department of Environmental Protection One Winter Street Boston, MA 02108Office of the Attorney GeneralOne Ashburton Place 20th Floor Boston, MA 02108MA Department of Public HealthRadiation Control Program Schrafft Center, Suite 1M2A 529 Main Street Charlestown, MA 02129Secretary of Public SafetyExecutive Office of Public Safety One Ashburton Place Boston, MA 02108 Director, Massachusetts EmergencyManagement Agency Attn: James Muckerheide 400 Worcester Road Framingham, MA 01702-5399Mr. William D. MeinertNuclear Engineer Massachusetts Municipal Wholesale Electric Company

P.O. Box 426 Ludlow, MA 01056-0426Mr. Kevin H. BronsonGeneral Manager, Plant Operations Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill RoadPlymouth, MA 02360-5508Mr. Michael A. BalduzziSite Vice President Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill RoadPlymouth, MA 02360-5508Mr. Stephen J. BethayDirector, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill RoadPlymouth, MA 02360-5508Mr. Bryan S. FordManager, Licensing Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill RoadPlymouth, MA 02360-5508

Pilgrim Nuclear Power Station cc:

Mr. Gary J. Taylor Chief Executive Officer Entergy Operations 1340 Echelon Parkway Jackson, MS 39213Mr. John T. HerronSr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Oscar LimpiasVice President, Engineering Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Christopher SchwarzVice President, Operations Support Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. John F. McCannDirector, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Mr. Michael J. ColombDirector of Oversight Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Assistant General CounselEntergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601Ms. Stacey LousteauTreasury Department Entergy Services, Inc.

639 Loyola Avenue New Orleans, LA 70113Mr. James Sniezek5486 Nithsdale Drive Salisbury, MD 21801-2490Mr. Michael D. Lyster5931 Barclay Lane Naples, FL 34110-7306Mr. Garrett D. Edwards814 Waverly Road Kennett Square, PA 19348