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| | number = ML061080141 | | | number = ML061080141 |
| | issue date = 04/21/2006 | | | issue date = 04/21/2006 |
| | title = Seabrook Station - Staff'S Review of CLIIP Amendment to Delete Section 2.G of Facility Operating License (TAC MD0697) | | | title = Staff'S Review of CLIIP Amendment to Delete Section 2.G of Facility Operating License |
| | author name = Kobetz T J | | | author name = Kobetz T |
| | author affiliation = NRC/NRR/ADRO/DIRS/ITSB | | | author affiliation = NRC/NRR/ADRO/DIRS/ITSB |
| | addressee name = Roberts D J | | | addressee name = Roberts D |
| | addressee affiliation = NRC/NRR/ADRO/DORL | | | addressee affiliation = NRC/NRR/ADRO/DORL |
| | docket = 05000443 | | | docket = 05000443 |
| | license number = NPF-086 | | | license number = NPF-086 |
| | contact person = THOMAS E M, NRR/DIRS, 301-415-6772 | | | contact person = THOMAS E, NRR/DIRS, 301-415-6772 |
| | case reference number = TAC MD0697 | | | case reference number = TAC MD0697 |
| | document type = Memoranda, Safety Evaluation | | | document type = Memoranda, Safety Evaluation |
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| =Text= | | =Text= |
| {{#Wiki_filter:April 21, 2006MEMORANDUM TO:Darrell J. Roberts, ChiefPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationFROM:Timothy J. Kobetz, Chief/RA/Technical Specifications Branch Division of Inspections and Regional Support Office of Nuclear Reactor Regulation | | {{#Wiki_filter:April 21, 2006 MEMORANDUM TO: Darrell J. Roberts, Chief Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation FROM: Timothy J. Kobetz, Chief /RA/ |
| | Technical Specifications Branch Division of Inspections and Regional Support Office of Nuclear Reactor Regulation |
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| ==SUBJECT:== | | ==SUBJECT:== |
| SEABROOK STATION- STAFF'S REVIEW OF CLIIPAMENDMENT TO DELETE SECTION 2.G OF FACILITY OPERATING LICENSE (TAC NO. MD0697)By letter dated March 23, 2006 (ML060870115), FPL Energy Seabrook, LLC (the licensee)submitted a license amendment request (LAR) regarding the Seabrook Station FacilityOperating License. The proposed amendment would delete Section 2.G of Facility OperatingLicense No. NPF-86, which requires reporting of violations of the requirements of Section 2.C of the license. This operating license improvement was made available by the U.S. NuclearRegulatory Commission on November 4, 2005, as part of the consolidated line item improvement process (CLIIP). The staff of the Technical Specifications Branch (ITSB) of the Division of Inspections andRegional Support (DIRS) has completed its review of the LAR. The staff's review is enclosed. Docket No.: 50-443 | | SEABROOK STATION- STAFFS REVIEW OF CLIIP AMENDMENT TO DELETE SECTION 2.G OF FACILITY OPERATING LICENSE (TAC NO. MD0697) |
| | By letter dated March 23, 2006 (ML060870115), FPL Energy Seabrook, LLC (the licensee) submitted a license amendment request (LAR) regarding the Seabrook Station Facility Operating License. The proposed amendment would delete Section 2.G of Facility Operating License No. NPF-86, which requires reporting of violations of the requirements of Section 2.C of the license. This operating license improvement was made available by the U.S. Nuclear Regulatory Commission on November 4, 2005, as part of the consolidated line item improvement process (CLIIP). |
| | The staff of the Technical Specifications Branch (ITSB) of the Division of Inspections and Regional Support (DIRS) has completed its review of the LAR. The staffs review is enclosed. |
| | Docket No.: 50-443 |
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| ==Enclosure:== | | ==Enclosure:== |
| As statedCONTACT: Eric M. Thomas, ITSB/DIRS 301-415-6772
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| ML061080141 OFFICEITSB:DIRSBC:ITSB:DIRSNAMEEMThomas TJKobetzDATE4/17/200604/21/2006 STAFF SAFETY EVALUATIONSEABROOK STATION AMENDMENT TO FACILITY OPERATING LICENSEDELETION OF SECTION 2.GTAC NO. MD0697DOCKET NO. 50-44
| | As stated CONTACT: Eric M. Thomas, ITSB/DIRS 301-415-6772 |
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| ==31.0 INTRODUCTION==
| | ML061080141 OFFICE ITSB:DIRS BC:ITSB:DIRS NAME EMThomas TJKobetz DATE 4/17/2006 04/21/2006 STAFF SAFETY EVALUATION SEABROOK STATION AMENDMENT TO FACILITY OPERATING LICENSE DELETION OF SECTION 2.G TAC NO. MD0697 DOCKET NO. 50-443 |
| By letter dated March 23, 2006, FPL Energy Seabrook, LLC (the licensee), proposed a licenseamendment to changethe Facility Operating License for Seabrook Station (ADAMS AccessionNo. ML060870115). The proposed amendment would delete Section 2.G of the FacilityOperating License, which requires reporting of violations of the requirements in Section 2.C ofthe Facility Operating License. A notice announcing the availability of this proposed changeusing the consolidated line item improvement process was published in the Federal Register onNovember 4, 2005 (70 FR 67202).
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| ==2.0 REGULATORY EVALUATION== | | ==1.0 INTRODUCTION== |
| A section or condition was included in the facility operating licenses issued to somenuclear power plants requiring the licensee to make reports to the Nuclear Regulatory Commission (NRC) regarding violations of other sections of the operating license (typicallySection 2.C). In the case of Seabrook Station, Section 2.G of the Facility Operating Licensereads as follows:Except as otherwise provided in the Technical Specifications of EnvironmentalProtection Plan, FPL Energy Seabrook, LLC, shall report any violations of the requirements contained in Sections 2.C.(1) and 2.C.(2) of this license in the following manner: Initial notification shall be made within 24 hours to the NRC Operations Centervia the Emergency Notification System, with written followup within 30 days in accordance with the procedures described in 10 CFR Part 50.73(b), (c) and (e).In addition to the information provided to support licensing decisions, the NRC obtainsinformation about plant operation, licensee programs, and other matters using a combination of inspections and reporting requirements. Routine or scheduled reports that are required to be submitted to the NRC are defined in the related regulations, specific license condition, technicalspecification, or an NRC-approved program document. The reporting of emergencies,unplanned events or conditions, and other special cases may also be addressed within such documents by the inclusion of reporting thresholds and are also the focus of the reporting requirements in 10 CFR 50.72, "Immediate notification requirements for operating nuclearpower reactors," and 10 CFR 50.73, "Licensee event report system." Changes to the reportingregulations in 10 CFR 50.72 and 50.73 became effective in January 2001 (see Federal Registernotice on October 25, 2000 (65 FR 63769) and included extending the allowable reporting times for licensee event reports (LERs) from 30 days to 60 days.The Administrative Section of the Technical Specifications (TS) for Seabrook Station alsoincludes TS 6.5, "Reportable Event Action," which has a duplicative reporting requirement pursuant to 10 CFR 50.73, but which does not reflect subsequent changes in the regulationsuch as requiring LERs within 60 days instead of 30 days
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| ==3.0 TECHNICAL EVALUATION==
| | By letter dated March 23, 2006, FPL Energy Seabrook, LLC (the licensee), proposed a license amendment to changethe Facility Operating License for Seabrook Station (ADAMS Accession No. ML060870115). The proposed amendment would delete Section 2.G of the Facility Operating License, which requires reporting of violations of the requirements in Section 2.C of the Facility Operating License. A notice announcing the availability of this proposed change using the consolidated line item improvement process was published in the Federal Register on November 4, 2005 (70 FR 67202). |
| Section 2.G of the Seabrook Station Facility Operating License requires the licensee to reportany violations of the requirements of Sections 2.C(1) and 2.C(2) of the Facility OperatingLicense and defines the method and allowable time periods for such reports. The reporting threshold (i.e., a violation) for the conditions included in Sections 2.C(1) and 2.C(2) of the Facility Operating License duplicate those defined in 10 CFR 50.72 and 10 CFR 50.73.However, the requirements in the Facility Operating License have different deadlines than thosedefined in the regulations following a rule change in 2001. This difference in reporting requirements has led to variations in reporting since many facility operating licenses do notcontain the subject condition. For those licensees with a 30-day reporting requirement in the Facility Operating License, the condition has decreased the benefits of the rulemaking. Forthose cases where the current Facility Operating License requirement to report violations is alsoreportable in accordance with the regulations defined in 10 CFR 50.72 and 10 CFR 50.73, theNRC staff finds that the regulations adequately address this issue and the elimination of theduplicative requirement in the Facility Operating License is acceptable.Some of the conditions addressed in Section 2.[C] of a Facility Operating License mayaddress the maintenance of particular programs, administrative requirements, or other matters where a violation of the requirement would not result in a report to the NRC in accordance with10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for reports to the NRC related to these conditions in other regulations, the specific license condition or technical specification, or an NRC-approved program document. In other cases, there are reports toother agencies or news releases that would prompt a report to the NRC (in accordance with10 CFR 50.72(b)(2)(xi)). The NRC staff also assessed violations of administrative requirementsthat could be reportable under the current License Condition but that may not have a duplicativerequirement in a regulation or other regulatory requirement. The NRC staff finds that therequirements to report such problems within 24 hours with written reports to follow using the LER process is not needed. The NRC staff is confident that the information related to suchviolations that is actually important to the NRC's regulatory functions would come to light in atime frame comparable to the 60-day LER requirements. The information would become available to the appropriate NRC staff through the inspection program, updates to programdocuments, resultant licensing actions, public announcements, or some other reliable mechanism.The NRC staff finds that the elimination of Section 2.G in the Seabrook Station FacilityOperating License will not result in a loss of information to the NRC that would adversely affect either its goal to protect public health and safety or its ability to carry out its various otherregulatory responsibilities. Therefore, the elimination of Section 2.G of the Facility OperatingLicense is acceptable.TS 6.5, "Reportable Event Action," for Seabrook Station requires that the NRC be notifiedpursuant to the requirements of 10 CFR 50.73 for any "REPORTABLE EVENTS," but does not reflect subsequent changes in the regulation such as requiring LERs within 60 days instead of 30 days. The NRC staff finds the elimination of TS 6.5 acceptable since the required report isdefined in an established NRC regulation that is also applicable to this licensee.
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| ==4.0 STATE CONSULTATION== | | ==2.0 REGULATORY EVALUATION== |
| In accordance with the Commission's regulations, the New Hampshire State official was notifiedof the proposed issuance of the amendment. The State official had no comments.
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| ==5.0 ENVIRONMENTAL CONSIDERATION==
| | A section or condition was included in the facility operating licenses issued to some nuclear power plants requiring the licensee to make reports to the Nuclear Regulatory Commission (NRC) regarding violations of other sections of the operating license (typically Section 2.C). In the case of Seabrook Station, Section 2.G of the Facility Operating License reads as follows: |
| The amendment changes recordkeeping, reporting, or administrative procedures orrequirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusionset forth in 10 CFR 51.22(c)(10). 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.
| | Except as otherwise provided in the Technical Specifications of Environmental Protection Plan, FPL Energy Seabrook, LLC, shall report any violations of the requirements contained in Sections 2.C.(1) and 2.C.(2) of this license in the following manner: Initial notification shall be made within 24 hours to the NRC Operations Center via the Emergency Notification System, with written followup within 30 days in accordance with the procedures described in 10 CFR Part 50.73(b), (c) and (e). |
| | In addition to the information provided to support licensing decisions, the NRC obtains information about plant operation, licensee programs, and other matters using a combination of inspections and reporting requirements. Routine or scheduled reports that are required to be submitted to the NRC are defined in the related regulations, specific license condition, technical specification, or an NRC-approved program document. The reporting of emergencies, unplanned events or conditions, and other special cases may also be addressed within such documents by the inclusion of reporting thresholds and are also the focus of the reporting requirements in 10 CFR 50.72, Immediate notification requirements for operating nuclear power reactors, and 10 CFR 50.73, Licensee event report system. Changes to the reporting regulations in 10 CFR 50.72 and 50.73 became effective in January 2001 (see Federal Register notice on October 25, 2000 (65 FR 63769) and included extending the allowable reporting times for licensee event reports (LERs) from 30 days to 60 days. |
| | The Administrative Section of the Technical Specifications (TS) for Seabrook Station also includes TS 6.5, Reportable Event Action, which has a duplicative reporting requirement pursuant to 10 CFR 50.73, but which does not reflect subsequent changes in the regulation such as requiring LERs within 60 days instead of 30 days. |
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| ==6.0 CONCLUSION== | | ==3.0 TECHNICAL EVALUATION== |
| The Commission has concluded, based on the considerations discussed above, that (1) there isreasonable 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. 7.0 REFERENCE1. NRC's model SE published in the Federal Register on August 29, 2005 (70 FR 51098).Principal Contributor: E. ThomasDate: April 17, 2006Enclosure}} | | |
| | Section 2.G of the Seabrook Station Facility Operating License requires the licensee to report any violations of the requirements of Sections 2.C(1) and 2.C(2) of the Facility Operating License and defines the method and allowable time periods for such reports. The reporting threshold (i.e., a violation) for the conditions included in Sections 2.C(1) and 2.C(2) of the Facility Operating License duplicate those defined in 10 CFR 50.72 and 10 CFR 50.73. |
| | However, the requirements in the Facility Operating License have different deadlines than those defined in the regulations following a rule change in 2001. This difference in reporting requirements has led to variations in reporting since many facility operating licenses do not contain the subject condition. For those licensees with a 30-day reporting requirement in the Facility Operating License, the condition has decreased the benefits of the rulemaking. For those cases where the current Facility Operating License requirement to report violations is also reportable in accordance with the regulations defined in 10 CFR 50.72 and 10 CFR 50.73, the NRC staff finds that the regulations adequately address this issue and the elimination of the duplicative requirement in the Facility Operating License is acceptable. |
| | Some of the conditions addressed in Section 2.[C] of a Facility Operating License may address the maintenance of particular programs, administrative requirements, or other matters where a violation of the requirement would not result in a report to the NRC in accordance with 10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for reports to the NRC related to these conditions in other regulations, the specific license condition or technical specification, or an NRC-approved program document. In other cases, there are reports to other agencies or news releases that would prompt a report to the NRC (in accordance with 10 CFR 50.72(b)(2)(xi)). The NRC staff also assessed violations of administrative requirements that could be reportable under the current License Condition but that may not have a duplicative requirement in a regulation or other regulatory requirement. The NRC staff finds that the requirements to report such problems within 24 hours with written reports to follow using the LER process is not needed. The NRC staff is confident that the information related to such violations that is actually important to the NRCs regulatory functions would come to light in a time frame comparable to the 60-day LER requirements. The information would become available to the appropriate NRC staff through the inspection program, updates to program documents, resultant licensing actions, public announcements, or some other reliable mechanism. |
| | The NRC staff finds that the elimination of Section 2.G in the Seabrook Station Facility Operating License will not result in a loss of information to the NRC that would adversely affect either its goal to protect public health and safety or its ability to carry out its various other regulatory responsibilities. Therefore, the elimination of Section 2.G of the Facility Operating License is acceptable. |
| | TS 6.5, Reportable Event Action, for Seabrook Station requires that the NRC be notified pursuant to the requirements of 10 CFR 50.73 for any REPORTABLE EVENTS, but does not reflect subsequent changes in the regulation such as requiring LERs within 60 days instead of 30 days. The NRC staff finds the elimination of TS 6.5 acceptable since the required report is defined in an established NRC regulation that is also applicable to this licensee. |
| | |
| | ==4.0 STATE CONSULTATION== |
| | |
| | In accordance with the Commissions regulations, the New Hampshire State official was notified of the proposed issuance of the amendment. The State official had no comments. |
| | |
| | ==5.0 ENVIRONMENTAL CONSIDERATION== |
| | |
| | The amendment changes recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). 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. |
| | |
| | ==6.0 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 Commissions 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. |
| | 7.0 REFERENCE |
| | : 1. NRCs model SE published in the Federal Register on August 29, 2005 (70 FR 51098). |
| | Principal Contributor: E. Thomas Date: April 17, 2006 Enclosure}} |
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|---|
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Relief from the Requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code; Relief Request RA-19-001
ML19148A7442019-07-31031 July 2019
Issuance of Amendment Nos. 161, 249, 200, 287, and 281 to Add Technical Specification Limiting Condition for Operation 3.0.6
ML19065A2152019-03-29029 March 2019
Issuance of Amendment No. 160 Measurement and Assessment Frequency for Technical Specification 6.7.6.l, Control Room Envelope Habitability Program
ML18204A2912019-03-11011 March 2019
Issuance of Amendment No. 159 Methodology for Analysis of Seismic Category I Structures with Concrete Affected by Alkali-Silica Reaction
ML18247A5382018-11-27027 November 2018
Issuance of Amendment No. 158 Removing Requirement to Perform Certain Surveillance Requirements During Shutdown and Changes to Administrative Technical Specifications
ML18199A6092018-08-0707 August 2018
Issuance of Amendment No. 157 Changes to the Technical Specifications Requirements for DC Batteries (CAC No. MG0046; EPID L-2017-LLA-0289)
ML18106B1212018-04-25025 April 2018
Proposed Alternative to Use Encoded Phased Array Ultrasonic Examination Techniques
ML17102A8892017-04-13013 April 2017
Issuance of Amendment Licensing Basis Change for Service Water Cooling Tower
ML17027A0782017-04-0707 April 2017
Issuance of Amendments Regarding Technical Specifications for Inservice Testing Programs (CAC Nos. MF8202 Through MF8209)
ML17080A0382017-03-27027 March 2017
Relief from the Requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code
ML17046A4432017-03-15015 March 2017
Issuance of Amendment Extension of Containment Leakage Rate Test Frequency
ML16330A1182016-12-15015 December 2016
NextEra Fleet - Safety Evaluation for Proposed Alternative to the American Society of Mechanical Engineers Operation and Maintenance Code by Adoption of Approved Code Case OMN-20, Inservice Test Frequency (CAC Nos. MF8195 Through MF8201)
ML16321A4182016-12-0101 December 2016
Safety Evaluation Regarding Implementation of Mitigating Strategies and Reliable Spent Fuel Pool Instrumentation Related to Orders EA-12-049 and EA-12-051 (CAC Nos. MF0836 and MF0837)
ML15096A2552015-11-0202 November 2015
Issuance of Amendment Regarding License Amendment Request 14-04, Revised Reactor Coolant System Pressure-Temperature Limits Applicable for 44 Effective Full Power Years
ML15231A1442015-10-0606 October 2015
Issuance of Amendment No. 150 Regarding Note for Reactor Coolant System Surveillance Requirements
ML15096A1432015-07-28028 July 2015
Exemption from Specific Requirements of 10 CFR Part 50, Appendix G, and 10 CFR 50.60
ML15205A3332015-07-28028 July 2015
Safety Evaluation by the Office of Nuclear Reactor Regulation Related to Request for Exemption from Table 1 of 10 CFR Part 50, Appendix G NextEra Energy Seabrook, LLC Seabrook Station, Unit 1 Docket No. 50-443
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Issuance of Amendment Regarding Changes to Technical Specification 3.3.3.1, Radiation Monitoring for Plant Operations
ML15118A6322015-05-18018 May 2015
Issuance of Amendment Regarding License Amendment Request Regarding New Fuel Valut
ML15082A2332015-04-24024 April 2015
Issuance of Amendment Regarding Increase Voltage Limit for Diesel Generator Load Rejection Surveillance Requirement
ML15058A7062015-04-22022 April 2015
Issuance of Amendment No. 146 Regarding the Cyber Security Plan Implementation Schedule
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Unit No.1 - Issuance of Amendment Regarding License Amendment Request 14-06, Application Regarding the Removal of the Cold Leg Injection Permissive from Technical Specifications
ML14345A2882015-02-0606 February 2015
Issuance of Amendment Regarding Technical Specifications Task Force Traveler-523, Generic Letter 2008-01, Managing Gas Accumulation Using the Consolidated Line Item Improvement Process
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Non-Proprietary SE for Issuance of Amendment Regarding License Amendment Request Regarding Fixed Incore Detector System Analysis
ML14184A7952014-09-0303 September 2014
Issuance of Amendment Regarding License Amendment Request Regarding Fuel Storage Changes
ML13212A0692014-07-24024 July 2014
Issuance of Amendment Regarding the Risk-Informed Justifications for the Relocation of Specific Surveillance Frequency Requirements to a Licensee Controlled Program
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Request for Relief RA-14-001 from American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XI Requirements Regarding the Reactor Vessel Head Flange Seal Leak Detection Piping (TAC No. Mfxxxx)
ML14029A4452014-03-0606 March 2014
Issuance of Amendment Regarding License Amendment Request 12-04, Application Regarding Cold Leg Injection Permissive
ML13213A1432014-03-0505 March 2014
Issuance of Amendment Regarding the Use of Optimized Zirlo Fuel Rod Cladding Material
ML13247A7772014-02-0909 February 2014
Request for Relief to Use an Alternative to the Requirements of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XI
ML13107A0162013-10-25025 October 2013
Issuance of Amendment Regarding the License Amendment Request 13-02, Application to Revise Technical Specifications to Adopt TSTSF-510, Revision to Steam Generator Program Inspection Frequencies and Tube Sample Selection..
ML13074A7602013-06-17017 June 2013
Issuance of Amendment Regarding the Administrative Changes and Corrections to the Technical Specifications
ML13050A1382013-06-13013 June 2013
Revision to Reactor Vessel Surveillance Capsule Withdrawal Schedule
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2023-03-23
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Text
April 21, 2006 MEMORANDUM TO: Darrell J. Roberts, Chief Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation FROM: Timothy J. Kobetz, Chief /RA/
Technical Specifications Branch Division of Inspections and Regional Support Office of Nuclear Reactor Regulation
SUBJECT:
SEABROOK STATION- STAFFS REVIEW OF CLIIP AMENDMENT TO DELETE SECTION 2.G OF FACILITY OPERATING LICENSE (TAC NO. MD0697)
By letter dated March 23, 2006 (ML060870115), FPL Energy Seabrook, LLC (the licensee) submitted a license amendment request (LAR) regarding the Seabrook Station Facility Operating License. The proposed amendment would delete Section 2.G of Facility Operating License No. NPF-86, which requires reporting of violations of the requirements of Section 2.C of the license. This operating license improvement was made available by the U.S. Nuclear Regulatory Commission on November 4, 2005, as part of the consolidated line item improvement process (CLIIP).
The staff of the Technical Specifications Branch (ITSB) of the Division of Inspections and Regional Support (DIRS) has completed its review of the LAR. The staffs review is enclosed.
Docket No.: 50-443
Enclosure:
As stated CONTACT: Eric M. Thomas, ITSB/DIRS 301-415-6772
ML061080141 OFFICE ITSB:DIRS BC:ITSB:DIRS NAME EMThomas TJKobetz DATE 4/17/2006 04/21/2006 STAFF SAFETY EVALUATION SEABROOK STATION AMENDMENT TO FACILITY OPERATING LICENSE DELETION OF SECTION 2.G TAC NO. MD0697 DOCKET NO. 50-443
1.0 INTRODUCTION
By letter dated March 23, 2006, FPL Energy Seabrook, LLC (the licensee), proposed a license amendment to changethe Facility Operating License for Seabrook Station (ADAMS Accession No. ML060870115). The proposed amendment would delete Section 2.G of the Facility Operating License, which requires reporting of violations of the requirements in Section 2.C of the Facility Operating License. A notice announcing the availability of this proposed change using the consolidated line item improvement process was published in the Federal Register on November 4, 2005 (70 FR 67202).
2.0 REGULATORY EVALUATION
A section or condition was included in the facility operating licenses issued to some nuclear power plants requiring the licensee to make reports to the Nuclear Regulatory Commission (NRC) regarding violations of other sections of the operating license (typically Section 2.C). In the case of Seabrook Station, Section 2.G of the Facility Operating License reads as follows:
Except as otherwise provided in the Technical Specifications of Environmental Protection Plan, FPL Energy Seabrook, LLC, shall report any violations of the requirements contained in Sections 2.C.(1) and 2.C.(2) of this license in the following manner: Initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System, with written followup within 30 days in accordance with the procedures described in 10 CFR Part 50.73(b), (c) and (e).
In addition to the information provided to support licensing decisions, the NRC obtains information about plant operation, licensee programs, and other matters using a combination of inspections and reporting requirements. Routine or scheduled reports that are required to be submitted to the NRC are defined in the related regulations, specific license condition, technical specification, or an NRC-approved program document. The reporting of emergencies, unplanned events or conditions, and other special cases may also be addressed within such documents by the inclusion of reporting thresholds and are also the focus of the reporting requirements in 10 CFR 50.72, Immediate notification requirements for operating nuclear power reactors, and 10 CFR 50.73, Licensee event report system. Changes to the reporting regulations in 10 CFR 50.72 and 50.73 became effective in January 2001 (see Federal Register notice on October 25, 2000 (65 FR 63769) and included extending the allowable reporting times for licensee event reports (LERs) from 30 days to 60 days.
The Administrative Section of the Technical Specifications (TS) for Seabrook Station also includes TS 6.5, Reportable Event Action, which has a duplicative reporting requirement pursuant to 10 CFR 50.73, but which does not reflect subsequent changes in the regulation such as requiring LERs within 60 days instead of 30 days.
3.0 TECHNICAL EVALUATION
Section 2.G of the Seabrook Station Facility Operating License requires the licensee to report any violations of the requirements of Sections 2.C(1) and 2.C(2) of the Facility Operating License and defines the method and allowable time periods for such reports. The reporting threshold (i.e., a violation) for the conditions included in Sections 2.C(1) and 2.C(2) of the Facility Operating License duplicate those defined in 10 CFR 50.72 and 10 CFR 50.73.
However, the requirements in the Facility Operating License have different deadlines than those defined in the regulations following a rule change in 2001. This difference in reporting requirements has led to variations in reporting since many facility operating licenses do not contain the subject condition. For those licensees with a 30-day reporting requirement in the Facility Operating License, the condition has decreased the benefits of the rulemaking. For those cases where the current Facility Operating License requirement to report violations is also reportable in accordance with the regulations defined in 10 CFR 50.72 and 10 CFR 50.73, the NRC staff finds that the regulations adequately address this issue and the elimination of the duplicative requirement in the Facility Operating License is acceptable.
Some of the conditions addressed in Section 2.[C] of a Facility Operating License may address the maintenance of particular programs, administrative requirements, or other matters where a violation of the requirement would not result in a report to the NRC in accordance with 10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for reports to the NRC related to these conditions in other regulations, the specific license condition or technical specification, or an NRC-approved program document. In other cases, there are reports to other agencies or news releases that would prompt a report to the NRC (in accordance with 10 CFR 50.72(b)(2)(xi)). The NRC staff also assessed violations of administrative requirements that could be reportable under the current License Condition but that may not have a duplicative requirement in a regulation or other regulatory requirement. The NRC staff finds that the requirements to report such problems within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written reports to follow using the LER process is not needed. The NRC staff is confident that the information related to such violations that is actually important to the NRCs regulatory functions would come to light in a time frame comparable to the 60-day LER requirements. The information would become available to the appropriate NRC staff through the inspection program, updates to program documents, resultant licensing actions, public announcements, or some other reliable mechanism.
The NRC staff finds that the elimination of Section 2.G in the Seabrook Station Facility Operating License will not result in a loss of information to the NRC that would adversely affect either its goal to protect public health and safety or its ability to carry out its various other regulatory responsibilities. Therefore, the elimination of Section 2.G of the Facility Operating License is acceptable.
TS 6.5, Reportable Event Action, for Seabrook Station requires that the NRC be notified pursuant to the requirements of 10 CFR 50.73 for any REPORTABLE EVENTS, but does not reflect subsequent changes in the regulation such as requiring LERs within 60 days instead of 30 days. The NRC staff finds the elimination of TS 6.5 acceptable since the required report is defined in an established NRC regulation that is also applicable to this licensee.
4.0 STATE CONSULTATION
In accordance with the Commissions regulations, the New Hampshire State official was notified of the proposed issuance of the amendment. The State official had no comments.
5.0 ENVIRONMENTAL CONSIDERATION
The amendment changes recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). 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.
6.0 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 Commissions 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.
7.0 REFERENCE
- 1. NRCs model SE published in the Federal Register on August 29, 2005 (70 FR 51098).
Principal Contributor: E. Thomas Date: April 17, 2006 Enclosure
