ML090970174

Issuance of Amendments Regarding Relocation of the Existing Surveillance Requirements Associated with Diesel Fuel Oil Testing Program (Tac MD9261 and MD9262)

ML090970174
Person / Time
Site:	Saint Lucie
Issue date:	04/14/2009
From:	Lingham S Plant Licensing Branch II
To:	Nazar M Florida Power & Light Co
Lingam, Siva NRR/DORL 415-1564
References
TAC MA9261, TAC MD9262
Download: ML090970174 (18)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 14, 2009 Mr. Mano Nazar Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

ST. LUCIE PLANT, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS REGARDING RELOCATION OF THE EXISTING SURVEILLANCE REQUIREMENTS ASSOCIATED WITH DIESEL FUEL OIL TESTING PROGRAM (TAC NOS. I\/1D9261 AND MD9262)

Dear Mr. Nazar:

The Commission has issued the enclosed Amendment Nos. 207 and 155 to Renewed Facility Operating License Nos. DPR-67 and NPF-16 for the St. Lucie Plant, Units 1 and 2. These amendments consist of changes to the Technical Specifications in response to your application dated JUly 10,2008.

These amendments would modify Technical Specification (TS) requirements related to diesel fuel oil testing consistent with Nuclear Regulatory Commission approved Industry/Technical Specification Task Force (TSTF) Change Traveler TSTF-374, "Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil," Revision O. These amendments would revise TSs by relocating references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents and adding alternate criteria to the "clear and bright" acceptance test for new fuel oil.

A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, s..-re... CJ' ~

Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosures:

1. Amendment No. 207 to DPR-67

2. Amendment No. 155 to NPF-16

3. Safety Evaluation cc w/enclosures: Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 FLORIDA POWER & LIGHT COMPANY DOCKET NO. 50-335 ST. LUCIE PLANT UNIT NO.1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 207 Renewed License No. DPR-57

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Florida Power & Light Company (the licensee),

dated July 10, 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; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. 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; D. 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 E. 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.

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2. Accordingly, Renewed Facility Operating License No. DPR-67 is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and by amending paragraph3.B to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 207 , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Thomas H. Boyce, Plant Licensing Bra ch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License and Technical Specifications Date of Issuance: Apr; 1 14, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 207 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-67 DOCKET NO. 50-335 Replace Page 3 of Renewed Operating License DPR-67 with the attached Page 3.

Replace the following pages of the Appendix A Technical Specifications with the attached pages. The revised pages are identi'fied by amendment number and contain marginal lines indicating the area of change.

Remove Pages Insert Pages 3/4 8-5 3/4 8-5 6-15g 6-15g 6-15h

-3 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:

A. Maximum Power Level FPL is authorized to operate the facility at steady state reactor core power levels not in excess of 2700 megawatts (thermal).

B. Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 207 are hereby incorporated in the renewed license.

FPL shall operate the facility in accordance with the Technical Specifications.

Appendix B, the Environmental Protection Plan (Non-Radiological), contains environmental conditions of the renewed license. If significant detrimental effects or evidence of irreversible damage are detected by the monitoring programs required by Appendix B of this license, FPL will provide the Commission with an analysis of the problem and plan of action to be taken subject to Commission approval to eliminate or significantly reduce the detrimental effects or damage.

C. Updated Final Safety Analysis Report The Updated Final Safety Analysis Report supplement submitted pursuant to 10 CFR 54.21(d), as revised on March 28, 2003, describes certain future activities to be completed before the period of extended operation. FPL shall complete these activities no later than March 1,2016, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.

The Updated Final Safety Analysis Report supplement as revised on March 28, 2003, described above, shall be included in the next scheduled update to the Updated Final Safety Analysis Report required by 10 CFR 50.71(e)(4), following issuance of this renewed license. Until that update is complete, FPL may make changes to the programs described in such supplement without prior Commission approval, provided that FPL evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

O. Sustained Core Uncovery Actions Procedural guidance shall be in place to instruct operators to implement actions that are designed to mitigate a small-break loss-of-coolant accident prior to a calculated time of sustained core uncovery.

Renewed License No. OPR-67 Amendment No. 207

ELECTRICAL POWER SYSTEMS SURVEILLANCE REQUIREMENTS (Continued)

c. Verify fuel oil properties of new and stored fuel oil are tested in accordance with, and maintained within the limits of the Diesel Fuel Oil Testing Program.

d. DELETED

e. At least once per 18 months during shutdown by:

1. DELETED

2. Verifying generator capability to reject a load of greater than or equal to 600 hp while maintaining voltage at 4160 ~ 420 volts and frequency at 60 ~ 1.2 Hz.

3. Simulating a loss of offsite power by itself, and:

a) Verifying deenergization of the emergency busses and load shedding from the emergency busses.

ST. LUCIE - UNIT 1 3/4 8-5 Amendment No. ~, ~,--WS 207

ADMINISTRATIVE CONTROLS (continued)

m. Control Room Envelope Habitability Program (continued)

c. Requirements for (i) determining the unfiltered air inleakage past the CRE boundary into the CRE in accordance with the testing methods and at the Frequencies specified in Sections C.1 and C.2 of Regulatory Guide 1.197, "Demonstrating Control Room Envelope Integrity at Nuclear Power Reactors," Revision 0, May 2003, and (ii) assessing CRE habitability at the Frequencies specified in Sections C.1 and C.2 of Regulatory Guide 1.197, Revision O.

d. Measurement, at designated locations, of the CRE pressure relative to all external areas adjacent to the CRE boundary during the pressurization mode of operation by one train of the CREVS, operating at the flow rate required by the VFTP, at a Frequency of 36 months on a STAGGERED TEST BASIS. The results shall be trended and used as part of the 36 month assessment of the CRE boundary.

e. The quantitative limits on unfiltered air inleakage into the CRE. These limits shall be stated in a manner to allow direct comparison to the unfiltered air inleakage measured by the testing described in paragraph c. The unfiltered air inleakage limit for radiological challenges is the inleakage flow rate assumed in the licensing basis analyses of DBA consequences. Unfiltered air inleakage limits for hazardous chemicals must ensure that exposure of CRE occupants to these hazards will be within the assumptions in the licensing basis.

f. The provisions of SR 4.0.2 are applicable to the Frequencies for assessing CRE habitability, determining CRE unfiltered in leakage, and measuring CRE pressure and assessing the CRE boundary as required by paragraphs c and d, respectively.

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

(i) Acceptability of new fuel oil for use prior to addition to storage tanks by determining that the fuel oil has:

1. An API gravity or an absolute specific gravity within limits,

2. A flash point and kinematic viscosity within limits for ASTM 2D fuel oil, and

3. A clear and bright appearance with proper color or a water and sediment content within limits; (ii) Other properties for ASTM 2D fuel oil are within limits within 31 days following sampling and addition to storage tanks; and (iii) Total particulate concentration of the fuel oil is ~ 10 mgtl when tested every 31 days.

The provisions of SR 4.0.2 and SR 4.0.3 are applicable to the Diesel Fuel Oil Testing Program test frequencies.

ST. LUCIE - UNIT 1 6- 15 9 Amendment No.~, 207

ADMINISTRATIVE CONTROLS (continued) 6.9 REPORTING REQUIREMENTS ROUTINE REPORTS 6.9.1 In addition to the applicable reporting requirements of Title 10, Code of Federal Regulations, the following reports shall be submitted to the NRC.

STARTUP REPORT 6.9.1.1 A summary report of plant startup and power escalation testing shall be submitted following (1) receipt of an operating license, (2) amendment of the license involving a planned increase in power level, (3) installation of fuel that has a different design or has been manufactured by a different fuel supplier, and (4) modifications that may have significantly altered the nuclear, thermal or hydraulic performance of the plant.

ST. LUCIE - UNIT 1 6-15h Amendment No. 207

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 FLORIDA POWER & LIGHT COMPANY ORLANDO UTILITIES COMMISSION OF THE CITY OF ORLANDO, FLORIDA AND FLORIDA MUNICIPAL POWER AGENCY DOCKET 1\10. 50-389 ST. LUCIE PLANT UNIT NO.2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 155 Renewed License No. NPF-16

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Florida Power & Light Company, et al. (the licensee), dated July 10, 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; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. 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; D. 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 E. 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.

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2. Accordingly, Renewed Facility Operating License No. NPF-16 is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and by amending paragraph 3.B to read as follows:

B. Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 155, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Thomas H. Boyce, Clef Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License and Technical Specifications Date of Issuance: Apr; 1 14, 2009

ATIACHMENT TO LICENSE AMENDMENT NO. 155 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-16 DOCKET 1\10. 50-389 Replace Page 3 of Renewed Operating License NPF-16 with the attached Page 3.

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

Remove Pages Insert Pages 3/4 8-5 3/4 8-5 6-15j

-3 neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required.

D. Pursuant to the Act and 10 CFR Parts 30, 40, and 70, FPL 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 E. Pursuant to the Act and 10 CFR Parts 30, 40, and 70, FPL to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

3. This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission's regulations: 10 CFR Part 20, Section 30.34 of 10 FR Part 30, Section 40.41 of 10 CFR Part 40, Section 50.54 and 50.59 of 10 CFR Part 50, and Section 70.32 of 10 CFR 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 below:

A. Maximum Power Level FPL is authorized to operate the facility at steady state reactor core power levels not in excess of 2700 megawatts (thermal).

Commencing with the startup for Cycle 16 and until the Combustion Engineering Model 3410 Steam Generators are replaced, the maximum reactor core power shall not exceed 89 percent of 2700 megawatts (thermal) if:

a. The Reactor Coolant System Flow Rate is less than 335,000 gpm but greater than or equal to 300,000 gpm, or

b. The Reactor Coolant System Flow Rate is greater than or equal to 300,000 gpm AND the percentage of steam generator tubes plugged is greater than 30 percent (2520 tubes/SG) but less than or equal to 42 percent (3532 tubes/SG).

This restriction in maximum reactor core power is based on analyses provided by FPL in submittals dated October 21 , 2005 and February 28, 2006, and approved by the NRC in Amendment No. 145, which limits the percent of steam generator tubes plugged to a maximum of 42 percent (3532 tubes) in either steam generator and limits the plugging asymmetry between steam generators to a maximum of 600 tubes.

S. Technical Specifications The Technical Specifications contained in Appendices A and S, as revised through Amendment No. 155 are hereby incorporated in the renewed license.

FPL shall operate the facility in accordance with the Technical Specifications.

Renewed License No. NPF-16 Amendment No. 155

ELECTRICAL POWER SYSTEMS SURVEILLANCE REQUIREMENTS (continued)

c. Verify fuel oil properties of new and stored fuel oil are tested in accordance with, and maintained within the limits of the Diesel Fuel Oil Testing Program.

d. DELETED

e. At least once per 18 months during shutdown by:

1. DELETED

2. Verifying generator capability to reject a load of greater than or equal to 453 kW while maintaining voltage at 4160 +/- 420 volts and frequency at 60 +/- 1.2 Hz.

3. Verifying the generator capability to reject a load of 3685 kW without tripping. The generator voltage shall not exceed 4784 volts during and following the load rejection.

ST. LUCIE - UNIT 2 3/4 8-5 Amendment No. ~,---1--1-+, 155

ADMINISTRATIVE CONTROLS (continued)

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

(i) Acceptability of new fuel oil for use prior to addition to storage tanks by determining that the fuel oil has:

1. An API gravity or an absolute specific gravity within limits,

2. A flash point and kinematic viscosity within limits for ASTM 20 fuel oil, and

3. A clear and bright appearance with proper color or a water and sediment content within limits; (ii) Other properties for ASTM 20 fuel oil are within limits within 31 days following sampling and addition to storage tanks; and (iii) Total particulate concentration of the fuel oil is S 10 mgtl when tested every 31 days.

The provisions of SR 4.0.2 and SR 4.0.3 are applicable to the Diesel Fuel Oil Testing Program test frequencies.

ST. LUCIE - UNIT 2 6-15j Amendment No. 155

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NOS. 207 AND 155 TO RENEWED FACILITY OPERATING LICENSES NOS. DPR-67 AND NPF-16 FLORIDA POWER AND LIGHT COMPANY, ET AL.

ST. LUCIE PLANT, UNITS NOS. 1 AND 2 DOCKET NOS. 50-335 AND 50-389

1.0 INTRODUCTION

By letter dated July 10, 2008 (Agencywide Documents Access and Management System Accession No. ML081980076), Florida Power and Light Company, et aI., (the licensee) requested amendments to Renewed Operating Licenses DPR-67 and NPF-16 for St. Lucie Plant, Unit Nos. 1 and 2 (St. Lucie 1 and 2), respectively, by revising the Technical Specifications (TSs). These amendments would modify TS requirements related to diesel fuel oil testing consistent with Nuclear Regulatory Commission (NRC) approved IndustrylTechnical Specification Task Force (TSTF) Change Traveler TSTF-374, "Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil," Revision O. These amendments would revise TSs by relocating references to specific American Society for Testing and Materials standards (ASTM) for fuel oil testing to licensee-controlled documents and adding alternate criteria to the "clear and bright" acceptance test for new fuel oil. These changes were described in a Notice of Availability for Consolidated Line Item Improvement Process TSTF-374 published in the Federal Register on April 21, 2006 (71 FR 20735).

The St. Lucie 1 and 2 TSs are custom TS, therefore, the licensee is proposing conforming changes to ensure that the amendment request meets the intent of the TS changes described in the TSTF-374. The St. Lucie 1 and 2 TSs do not currently contain a diesel fuel oil testing program in the administrative TS section. These amendments will make conforming changes to the administrative section of the St. Lucie 1 and 2 TSs to incorporate the improved standard TSs (ISTSs) Diesel Fuel Oil Testing Program. The St. Lucie 1 and 2 administrative TSs are located in Section 6.0 of the TSs, and the diesel fuel oil testing program will be incorporated in Section 6.0 of the St. Lucie 1 and 2 TSs. Because the current St. Lucie 1 and 2 TSs do not contain administrative TS for governing the Diesel Fuel Oil Testing Program, the diesel fuel oil test requirements are contained as surveillance requirements in the Electrical Power System A.C.

Sources TSs. These amendments will essentially relocate the existing surveillance requirements from the Electrical Power System A.C. Sources TSs to the administrative diesel fuel oil testing program TS and TS Bases consistent with TSTF-374. These amendments do not alter the current licensing bases for the referenced ASTM standards.

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2.0 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 as the emergency power source for the safety-related electrical buses. The importance of the diesel generators (or other standby power sources) is reflected in their incorporation into NRC regulations, TSs, 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 Part 50). 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 includes 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 31 days following sampling and addition to storage tanks; and (3) total particulate concentration of the fuel oil every 31 days. The current TSs identify particular ASTM standards and methods of performing these tests. The industry submitted TSTF-374 proposing changes to the Standard TSs (STSs)

(NUREGs 1430 - 1434) to provide the flexibility to address future changes in Environmental Protection Agency (EPA) regulations for fuel oil or revisions to the ASTM standards. TSTF-374 was reviewed and accepted 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 and an alternative to the "clear and bright" acceptance test for new fuel is added to address changes in EPA requirements.

3.0 TECHNICAL EVALUATION

In adopting TSTF-374, the licensee proposes to relocate the reference to specific ASTM standards from the TS Administrative Controls Section 6.0, "Diesel Fuel Oil Testing Program," to a licensee-controlled document. Although the reference to specific testing standards or methods is relocated, the revised TS 6.0 will include 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 added to the TS Bases Section, which are controlled in accordance with 10 CFR 50.59, "Changes, tests, and experiments," as described in TS 6.8.4.j, "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 plant-specific adoption of TSTF-374 also includes an alternative to the "clear and bright" test currently required for new fuel oil acceptability. The revised TS would allow either the "clear and bright" test or a test confirming that the fuel oil has "water and sediment content within limits."

This alternative test is better suited for darker colored fuels and is recognized in ASTM

-3 standards that have been referenced in NRC-approved amendment requests. The NRC staff finds that the alternative for testing the water and sediment content will maintain or improve the inspection of new fuel oil and, therefore, finds the change acceptable.

The licensee included in its application the proposed revisions to the TS Bases to reflect the changes to TS 3/4.8 and to incorporate the references to the applicable ASTM standards. The changes are consistent with TSTF-374 and will be incorporated into the TS Bases in accordance with TS 6.8.4.j.

4.0 STATE CONSULTATION

Based upon a letter dated May 2,2003, from Michael N. Stephens of the Florida Department of Health, Bureau of Radiation Control, to Brenda L. Mozafari, Senior Project Manager, U.S. Nuclear Regulatory Commission, the State of Florida does not desire notification of issuance of license amendments.

5.0 ENVIRONMENTAL CONSIDERATION

These amendments change a requirement with respect to 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 amendments involve 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 amendments involve no significant hazards consideration and there has been no public comment on such finding (74 FR 6666, dated February 10, 2009). Accordingly, these amendments meet 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 these amendments.

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.

Principal Contributor: Aron Lewin Date: April 14, 2009

(Amendment No.): ML090970174 -transmitted by memo dated PFFICE LPL2-2/PM LPL2-2/LA DIRS/ITSB/BC LPL2-2/BC NAME SLingam BClayton RElliott TBoyce DATE 04/07/09 04/07/09 3/16/09 04/14/09