ML24183A172

Issuance of Amendment No. 277 to Adopt TSTF-374, Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil

ML24183A172
Person / Time
Site:	Cooper
Issue date:	07/17/2024
From:	Byrd T Plant Licensing Branch IV
To:	Dent J Nebraska Public Power District (NPPD)
Wengert T, NRR/DORL/LPLIV, 415-4037
References
EPID L-2023-LLA-0163
Download: ML24183A172 (12)

Text

July 17, 2024 John Dent, Jr.

Executive Vice President and Chief Nuclear Officer Nebraska Public Power District Cooper Nuclear Station 72676 648A Avenue P.O. Box 98 Brownville, NE 68321

SUBJECT:

COOPER NUCLEAR STATION - ISSUANCE OF AMENDMENT NO. 277 TO ADOPT TSTF-374, REVISION TO TS 5.5.13 AND ASSOCIATED TS BASES FOR DIESEL FUEL OIL (EPID L-2023-LLA-0163)

Dear John Dent:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 277 to Renewed Facility Operating License No. DPR-46 for the Cooper Nuclear Station (Cooper). The amendment consists of changes to the technical specifications (TSs) in response to Nebraska Public Power Districts (NPPD, licensee) application dated November 15, 2023 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML23319A419), as supplemented by letter dated July 3, 2024 (ML24185A241).

The amendment modifies Cooper TS 5.5.9, Diesel Fuel Oil Testing Program, by relocating reference to specific American Society for Testing and Materials standards for fuel oil testing to licensee controlled documents. These changes are consistent with Technical Specifications Task Force (TSTF) Traveler TSTF-374 Revision 0, Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil, dated April 27, 2001 (ML011340449). The NRC approved the traveler on January 13, 2005 (ML050130309).

J. Dent, Jr.

A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included in the Commissions monthly Federal Register notice.

Sincerely,

/RA/

Thomas J. Byrd, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-298

Enclosures:

1. Amendment No. 277 to DPR-46

2. Safety Evaluation cc: Listserv

NEBRASKA PUBLIC POWER DISTRICT DOCKET NO. 50-298 COOPER NUCLEAR STATION AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 277 Renewed License No. DPR-46

1.

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

A.

The application for amendment by Nebraska Public Power District (the licensee) dated November 15, 2023, as supplemented by letter dated July 3, 2024, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions 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 Commissions 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 Commissions regulations and all applicable requirements have been satisfied.

2.

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 Renewed Facility Operating License No. DPR-46 is hereby amended to read as follows:

(2)

Technical Specifications The Technical Specifications contained in Appendix A as revised through Amendment No. 277, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3.

The license amendment is effective as of its date of issuance and shall be implemented within 60 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Jennivine K. Rankin, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-46 and the Technical Specifications Date of Issuance: July 17, 2024 Jennivine K.

Rankin Digitally signed by Jennivine K. Rankin Date: 2024.07.17 14:18:21 -04'00'

ATTACHMENT TO LICENSE AMENDMENT NO. 277 RENEWED FACILITY OPERATING LICENSE NO. DPR-46 COOPER NUCLEAR STATION DOCKET NO. 50-298 Replace the following pages of the Renewed Facility Operating License No. DPR-46 and the 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.

Renewed Facility Operating License REMOVE INSERT Technical Specifications REMOVE INSERT 5.0-14 5.0-14

Amendment No. 277 (5) 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 operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2419 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A as revised through Amendment No. 277, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Physical Protection The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: Cooper Nuclear Station Safeguards Plan, submitted by letter dated May 17, 2006.

NPPD shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The NPPD CSP was approved by License Amendment No. 238 as supplemented by changes approved by License Amendments 244 and 249.

(4) Fire Protection NPPD shall implement and maintain in effect all provisions of the approved fire protection program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c), as specified in the license amendment request dated April 24, 2012 (and supplements dated July 12, 2012, January 14, 2013, February 12, 2013, March 13, 2013, June 13, 2013, December 12, 2013, January 17, 2014, February 18, 2014, and April 11, 2014), and as approved in the safety evaluation dated April 29, 2014.

Except where NRC approval for changes or deviations is required by 10 CFR 50.48(c), and provided no other regulation, technical specification, license condition or requirement would require prior NRC approval, the licensee may make changes to the fire protection program without prior approval of the Commission if

Programs and Manuals 5.5 5.5 Programs and Manuals (continued) 5.5.9 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:

a.

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 kinematic viscosity or Saybolt viscosity, when required, and a flash point 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; b.

Within 31 days following addition of the new fuel oil to storage tanks verify the properties of the new fuel oil, other than those addressed in a., above, are within limits for ASTM 2D fuel oil; and c.

Total particulate concentration of the fuel oil is s 10 mg/I when tested every 31 days.

The provisions of SR 3.0.2 and SR 3.0.3 are applicable to the Diesel Fuel Oil Testing Program testing Frequencies.

5.5.10 Technical Specifications (TS) Bases Control Program Cooper This program provides a means for processing changes to the Bases of these Technical Specifications.

a.

Changes to the Bases of the TS shall be made under appropriate administrative controls and reviews.

b.

Licensees may make changes to Bases without prior NRC approval provided the changes do not involve either of the following:

1.

A change in the TS incorporated in the license; or 5.0-14

( continued)

Amendment No. 277

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 277 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-46 NEBRASKA PUBLIC POWER DISTRICT COOPER NUCLEAR STATION DOCKET NO. 50-298

1.0 INTRODUCTION

By application dated November 15, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23319A419), as supplemented by letter dated July 3, 2024 (ML24185A241), Nebraska Public Power District (the licensee) requested changes to the technical specifications (TSs) for Cooper Nuclear Station (Cooper).

The proposed amendment would revise the Cooper TSs based on Technical Specifications Task Force (TSTF) Traveler, TSTF-374, Revision 0, Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil, dated April 27, 2001 (ML011340449). The U.S. Nuclear Regulatory Commission (NRC, the Commission) approved the traveler on January 13, 2005 (ML050130309).

TSTF-374 revises the standard technical specifications (STS) for the Diesel Fuel Oil Testing Program, to relocate the specific American Society for Testing and Materials (ASTM) standard from the Administrative Controls section of the TSs to licensee-controlled documents. In addition, an option to allow the performance of a water and sediment content test to establish the acceptability of new fuel oil prior to addition to the storage tank has been added to the clear and bright test.

These changes were described in a Notice of Availability published in the Federal Register on April 21, 2006 (71 FR 20735).

The supplemental letter dated July 3, 2024, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination as published in the Federal Register (FR) on December 26, 2023 (88 FR 88983).

1.1 Revision to Cooper TS 5.5.9 The amendment would revise Cooper TS 5.5.9, Diesel Fuel Oil Testing Program. Specifically, the amendment would delete reference to the specific ASTM standard listed in Cooper TS 5.5.9 existing paragraph c as follows (strikethrough deleted text):

c. Total particulate concentration of the fuel oil is 10mg/l when tested every 31 days in accordance with ASTM D-2276, Method A.

2.0 REGULATORY EVALUATION

2.1

System Description

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 the 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, LWR [Light-Water Reactor] Edition, (SRP) addresses diesel fuel oil and other supporting systems in Section 9.5.4, Revision 3, Emergency Diesel Engine Fuel Oil Storage and Transfer System, March 2007 (ML070680388).

The TSs include requirements for testing diesel fuel oil to ensure that 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 the storage tanks; (2) other properties of new fuel oil that are 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 industry submitted TSTF-374 proposing changes to the STS (i.e., 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. Requirements for testing the diesel fuel oil are maintained, however, reference to a specific ASTM standard is relocated to a licensee-controlled document.

2.2 Regulatory Requirements and Guidance The NRC regulatory requirements related to the content of the TSs are contained in 10CFR 50.36, Technical specifications. The regulation at 10 CFR 50.36(c)(5), Administrative controls, states, in part:

Administrative controls are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner.

The NRC staffs guidance for the review of TSs is in SRP, Chapter 16.0, Technical Specifications, Revision 3, dated March 2010 (ML100351425). As described therein, as part

of the regulatory standardization effort, the NRC staff has prepared STS for each of the LWR nuclear designs. Accordingly, the NRC staffs review includes consideration of whether the proposed changes are consistent with the applicable referenced STS, as modified by NRC-approved travelers.

3.0 TECHNICAL EVALUATION

The NRC staff compared the licensees proposed TS change in section 1.1 of this SE against the change approved in TSTF-374. The NRC staff determined that the licensees proposed change to the Cooper TS described in section 1.1 of this SE is consistent with that found acceptable in TSTF-374.

Adopting TSTF-374 would revise the TS by relocating a reference to a specific ASTM standard from Cooper TS 5.5.9 to a licensee-controlled document. Although the reference to a specific testing standard or method is relocated, Cooper 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 standard or method is relocated to the Cooper TS Bases, which is controlled in accordance with 10 CFR 50.59, Changes, tests, and experiments, as described in Cooper TS 5.5.10, Technical Specification (TS) Bases Control Program. The licensees testing programs for diesel fuel oil are also governed by other regulatory requirements, including Appendix B 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.

In the NRC approval letter for Traveler TSTF-374, the NRC staff concluded that TSTF-374 proposed changes to the Diesel Fuel Oil Testing Program were acceptable. The TSTF-374 proposed changes were acceptable because they continue to assure the quality of the diesel fuel will be maintained at standards that provide high reliability of diesel availability. For these same reasons, the NRC staff concludes that the corresponding proposed changes to the Cooper TS described in section 1.1 of this SE to be acceptable.

Based on the discussions above, the NRC staff finds that the requirements of 10 CFR 50.36(c)(5) will continue to be met because the proposed TS provides the appropriate administrative controls to ensure the necessary quality of the diesel fuel oil is maintained to assure operation of the facility in a safe manner.

3.1 Variation from the Approved Traveler The amendment has variations from TS changes described in the NRC-approved TSTF-374.

The TSTF makes two STS changes. The first change adds an alternative to the clear and bright acceptance test for new fuel to address changes in EPA requirements. Specifically, TSTF-374 adds or a water and sediment content within limits. This statement was previously included in the Cooper TS 5.5.9.a.3 when Cooper converted to the STS format in Amendment No. 178 (ML021410047). The second change is to relocate the reference to ASTM D2276 to a licensee-controlled document. ASTM D2276 is already referenced in the Cooper TS Bases, which is a licensee-controlled document.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations, the Nebraska State official was notified of the proposed issuance of the amendment on June 28, 2024. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. 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, published in the Federal Register on December 26, 2023 (88 FR 88983), that the amendment involves no significant hazards consideration, and there has been no public comment on such finding. 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.

6.0 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) there is reasonable assurance that 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.

Principal Contributor: C. Ashley Date: July 17, 2024

ML24183A172

• concurrence via email OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA*

NRR/DSS/STSB/BC*

NRR/DNRL/NCSG/BC*

NAME TByrd PBlechman SMehta SBloom DATE 7/01/2027 7/2/2024 7/10/2024 7/8/2024 OFFICE NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME JRankin TByrd DATE 7/17/2024 7/17/2024