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| number = ML073120252
| number = ML073120252
| issue date = 12/13/2007
| issue date = 12/13/2007
| title = Comanche Peak Steam Electric Station, Units 1 and 2 - Issuance of Amendment Nos. 141 and 141 Revise TS 5.5.16, Containment Leakage Rate Testing Program for Consistency W/Requirements of 10 CFR 50.55a(g)(4) (TAC MD4074 and MD4075)
| title = Issuance of Amendment Nos. 141 and 141 Revise TS 5.5.16, Containment Leakage Rate Testing Program for Consistency W/Requirements of 10 CFR 50.55a(g)(4)
| author name = Singal B K
| author name = Singal B
| author affiliation = NRC/NRR/ADRO/DORL/LPLIV
| author affiliation = NRC/NRR/ADRO/DORL/LPLIV
| addressee name = Blevins M R
| addressee name = Blevins M
| addressee affiliation = Luminant Generation Co, LLC
| addressee affiliation = Luminant Generation Co, LLC
| docket = 05000445, 05000446
| docket = 05000445, 05000446
Line 19: Line 19:


=Text=
=Text=
{{#Wiki_filter:December 13, 2007  
{{#Wiki_filter:December 13, 2007 Mr. M. R. Blevins Executive Vice President
 
& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043
Mr. M. R. Blevins Executive Vice President  
  & Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043  


==SUBJECT:==
==SUBJECT:==
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)


==Dear Mr. Blevins:==
==Dear Mr. Blevins:==


The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating Lic ense No. NPF-87 and Amendment No. 141 to Facility Oper ating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.
The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating License No. NPF-87 and Amendment No. 141 to Facility Operating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.
The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.  
The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.
 
The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).
The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).  
A copy of our related Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.
 
Sincerely,
A copy of our related Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice. Sincerely,
                                            /RA/
/RA/ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation  
Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446
 
Docket Nos. 50-445 and 50-446  


==Enclosures:==
==Enclosures:==
: 1. Amendment No. 141 to NPF-87  
: 1. Amendment No. 141 to NPF-87
: 2. Amendment No. 141 to NPF-89  
: 2. Amendment No. 141 to NPF-89
: 3. Safety Evaluation  
: 3. Safety Evaluation cc w/encls: See next page


cc w/encls:  See next page December 13, 2007 Mr. M. R. Blevins Executive Vice President  
December 13, 2007 Mr. M. R. Blevins Executive Vice President
  & Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043  
& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043


==SUBJECT:==
==SUBJECT:==
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)


==Dear Mr. Blevins:==
==Dear Mr. Blevins:==


The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating Lic ense No. NPF-87 and Amendment No. 141 to Facility Oper ating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.
The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating License No. NPF-87 and Amendment No. 141 to Facility Operating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.
The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.  
The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.
 
The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).
The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).  
A copy of our related Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.
 
Sincerely,
A copy of our related Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice. Sincerely,
                                                      /RA/
/RA/ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation  
Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446
 
Docket Nos. 50-445 and 50-446  


==Enclosures:==
==Enclosures:==
: 1. Amendment No. 141 to NPF-87  
: 1. Amendment No. 141 to NPF-87
: 2. Amendment No. 141 to NPF-89  
: 2. Amendment No. 141 to NPF-89
: 3. Safety Evaluation cc w/encls: See next page DISTRIBUTION
: 3. Safety Evaluation cc w/encls: See next page DISTRIBUTION:
: PUBLIC LPLIV Reading RidsAcrsAcnwMailCenter  
PUBLIC                               RidsNrrDorlDpr                          RidsOgcRp LPLIV Reading                         RidsNrrDorlLpl4                        RidsRgn4MailCenter RidsAcrsAcnwMailCenter               RidsNrrDssScvb                          GThomas, NRR/DE/EMCB RidsNrrDeEmcb                        RidsNrrPMBSingal                        GHill, OIS (4)
RidsNrrDirsItsb                      RidsNrrLAJBurkhardt ADAMS Accession Nos.: PKG ML073120250, Amdt/License ML073120252, TS Pages ML073120255              *SE dated 9/25/07 OFFICE    NRR/LPL4/PM  NRR/LPL4/LA  NRR/DE/EMCB      NRR/DSS/SCVB NRR/DIRS/ITSB    OGC            NRR/LPL4/BC TKobetz, GMW NAME      BSingal      JBurkhardt  KManoly*          RDennig      for              MLoftus, NLO    THiltz DATE      11/27/07      11/27/07    9/25/07          12/4/07      11/30/07          12/10/07        12/11/07 OFFICIAL AGENCY RECORD


RidsNrrDeEmcb RidsNrrDirsItsb RidsNrrDorlDpr RidsNrrDorlLpl4 RidsNrrDssScvb
Comanche Peak Steam Electric Station cc:
Senior Resident Inspector            Mr. Richard A. Ratliff, Chief U.S. Nuclear Regulatory Commission  Bureau of Radiation Control P.O. Box 2159                        Texas Department of Health Glen Rose, TX 76403-2159            1100 West 49th Street Austin, TX 78756-3189 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission  Mr. Brian Almon 611 Ryan Plaza Drive, Suite 400      Public Utility Commission Arlington, TX 76011                  William B. Travis Building P.O. Box 13326 Mr. Fred W. Madden, Director        1701 North Congress Avenue Regulatory Affairs                  Austin, TX 78701-3326 Luminant Generation Company LLC P.O. Box 1002                        Ms. Susan M. Jablonski Glen Rose, TX 76043                  Office of Permitting, Remediation and Registration Timothy P. Matthews, Esq.            Texas Commission on Environmental Morgan Lewis                          Quality 1111 Pennsylvania Avenue, NW        MC-122 Washington, DC 20004                P.O. Box 13087 Austin, TX 78711-3087 County Judge P.O. Box 851                        Anthony P. Jones Glen Rose, TX 76043                  Chief Boiler Inspector Texas Department of Licensing Environmental and Natural            and Regulation Resources Policy Director          Boiler Division Office of the Governor              E.O. Thompson State Office Building P.O. Box 12428                      P.O. Box 12157 Austin, TX 78711-3189                Austin, TX 78711


RidsNrrPMBSingal RidsNrrLAJBurkhardt RidsOgcRp RidsRgn4MailCenter GThomas, NRR/DE/EMCB GHill, OIS (4)
LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1 DOCKET NO. 50-445 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 141 License No. NPF-87
 
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
ADAMS Accession Nos.:  PKG ML073120250, Amdt/License ML073120252, TS Pages ML073120255 *SE dated 9/25/07 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DE/EMCB NRR/DSS/SCVB NRR/DIRS/ITSB OGC NRR/LPL4/BC NAME BSingal JBurkhardt KManoly* RDennig TKobetz, GMW for MLoftus, NLO THiltz DATE 11/27/07 11/27/07 9/25/07 12/4/07 11/30/07 12/10/07 12/11/07 OFFICIAL AGENCY RECORD
A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.
 
: 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 Facility Operating License No. NPF-87 is hereby amended to read as follows:
Comanche Peak Steam Electric Station
(2)     Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan as indicated in the attachment to this license amendment.
 
cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 2159 Glen Rose, TX  76403-2159
 
Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX  76011
 
Mr. Fred W. Madden, Director Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX  76043
 
Timothy P. Matthews, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC  20004
 
County Judge P.O. Box 851 Glen Rose, TX  76043
 
Environmental and Natural Resources Policy Director Office of the Governor P.O. Box 12428 Austin, TX  78711-3189  Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX  78756-3189
 
Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX  78701-3326
 
Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087
 
Anthony P. Jones Chief Boiler Inspector Texas Department of Licensing and Regulation Boiler Division E.O. Thompson State Office Building P.O. Box 12157 Austin, TX  78711
 
LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1 DOCKET NO. 50-445 AMENDMENT TO FACILITY OPERATING LICENSE
 
Amendment No. 141 License No. NPF-87  
: 1. The Nuclear Regulatory Commission (the Commission) has found that:  
 
A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.  
: 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 Facility Operating License No. NPF-87 is hereby amended to read as follows:  
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan as indicated in the attachment to this license amendment.  
: 3. The license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.
: 3. The license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION  
FOR THE NUCLEAR REGULATORY COMMISSION
 
                                      /RA/
/RA/ Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation  
Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation


==Attachment:==
==Attachment:==
Changes to the Facility   Operating License No. NPF-87 and Technical Specifications  
Changes to the Facility Operating License No. NPF-87 and Technical Specifications Date of Issuance: December 13, 2007
 
Date of Issuance: December 13, 2007
 
LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 2 DOCKET NO. 50-446 AMENDMENT TO FACILITY OPERATING LICENSE
 
Amendment No. 141 License No. NPF-89
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
 
A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.  
LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 2 DOCKET NO. 50-446 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 141 License No. NPF-89
: 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 Facility Operating License No. NPF-89 is hereby amended to read as follows:  
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.  
A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.
: 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 Facility Operating License No. NPF-89 is hereby amended to read as follows:
(2)     Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
: 3. This license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.
: 3. This license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION  
FOR THE NUCLEAR REGULATORY COMMISSION
 
                                    /RA/
/RA/ Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation  
Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation


==Attachment:==
==Attachment:==
Changes to the Facility   Operating License No. NPF-89 and Technical Specifications  
Changes to the Facility Operating License No. NPF-89 and Technical Specifications Date of Issuance: December 13, 2007


Date of Issuance:  December 13, 2007 ATTACHMENT TO LICENSE AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 DOCKET NOS. 50-445 AND 50-446
ATTACHMENT TO LICENSE AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 DOCKET NOS. 50-445 AND 50-446 Replace the following pages of the Facility Operating License Nos. NPF-87 and NPF-89, and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Facility Operating License No. NPF-87 REMOVE                        INSERT 3                              3 Facility Operating License No. NPF-89 REMOVE                        INSERT 3                              3 Technical Specifications REMOVE                        INSERT 5.0-27                        5.0-27 5.0-28                        5.0-28
                            --                            5.0-28a


Replace the following pages of the Facility Operat ing License Nos.
(3)    Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4)    Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5)    Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6)    Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
NPF-87 and NPF-89, and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)    Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.
(2)    Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
Amendment No. 141


Facility Operating License No. NPF-87 REMOVE  INSERT 3    3
(3)     Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4)     Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5)     Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6)     Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
 
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
Facility Operating License No. NPF-89 REMOVE  INSERT 3    3
(1)     Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.
 
(2)     Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
Technical Specifications REMOVE  INSERT 5.0-27    5.0-27 5.0-28    5.0-28
(3)     Antitrust Conditions DELETED Amendment No. 141
    --    5.0-28a
 
    (3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission
=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No.
141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
 
Amendment No. 141
 
    (3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission
=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:  
(1) Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.  
(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No.
141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.  
(3) Antitrust Conditions DELETED
 
Amendment No. 141  


SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 DOCKET NOS. 50-445 AND 50-446
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 DOCKET NOS. 50-445 AND 50-446


==1.0 INTRODUCTION==
==1.0     INTRODUCTION==


By the letter dated December 19, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070580126), TXU Generation Company LP (subsequently renamed Luminant Generation Company LLC, the licensee), submitted a license amendment request (LAR 06-010) to revise Technical Specification (TS) 5.5.16, AContainment Leakage Rate Testing Program,@ for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2. The proposed amendment would revise TS 5.5.16 for consistency with the requirements of paragraphs 50.55a(g)(4) of Title 10 of the Code of Federal Regulations (10 CFR), for components classified as Code Class CC. This regulation requires licensees to update their containment inservice inspection (ISI) requirements in accordance with Division 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),
By the letter dated December 19, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070580126), TXU Generation Company LP (subsequently renamed Luminant Generation Company LLC, the licensee), submitted a license amendment request (LAR 06-010) to revise Technical Specification (TS) 5.5.16, AContainment Leakage Rate Testing Program,@ for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2. The proposed amendment would revise TS 5.5.16 for consistency with the requirements of paragraphs 50.55a(g)(4) of Title 10 of the Code of Federal Regulations (10 CFR), for components classified as Code Class CC. This regulation requires licensees to update their containment inservice inspection (ISI) requirements in accordance with Division 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),
Section XI, Subsections IWE and IWL. The proposed change is based on TS Task Force (TSTF)-343, Revision 1, which allows the 10 CFR 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code, Section XI, Subsections IWE and IWL, and meet the intent of visual examinations required by Regulatory Position C.3 of Regulatory Guide (RG) 1.163, APerformance-Based Containment Leak-Test Program,@ dated September 1995, without requiring additional visual examinations pursuant to RG 1.163
Section XI, Subsections IWE and IWL. The proposed change is based on TS Task Force (TSTF)-343, Revision 1, which allows the 10 CFR 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code, Section XI, Subsections IWE and IWL, and meet the intent of visual examinations required by Regulatory Position C.3 of Regulatory Guide (RG) 1.163, APerformance-Based Containment Leak-Test Program,@ dated September 1995, without requiring additional visual examinations pursuant to RG 1.163.
 
==2.0 REGULATORY EVALUATION==
 
The regulatory requirements and the guidance upon which the U.S. Nuclear Regulatory Commission (NRC) staff based its review of the requested change are based on 10 CFR Part 50: 
: 1. Title 10 of the Code of Federal Regulations, Section 50.36 (10 CFR 50.36).
: 2. Appendix J, Option B as it relates to the general visual inspection of the accessible interior and exterior surfaces of the containment system for structural deterioration which may affect the containment leak-tight integrity, and 
: 3. Section 50.55a as it relates to the ISI requirements of ASME Code, Class CC components.  


10 CFR 50.36 requires t hat each license authoriz ing operation of a production or utilization facility include technical specifications. In particular, surveillance requirements, as set forth in 10 CFR 50.36(c)(3), are a type of technical specification that relates to testing, calibration or inspection to assure that the necessary quality of systems and components is maintained, that facility operation will be within safety limits, and that the limiting conditions for operation will be met. 
==2.0    REGULATORY EVALUATION==


10 CFR 50, Appendix J, sets forth options which can be chosen by a water-cooled power reactor licensee in order to perform containment leakage test requirements. Option B, as set forth in Appendix J of 10 CFR 50, provides a performance-based method for a licensee to meet the containment leakage test requirements. Licensees typically follow the guidelines set forth in RG 1.163 in order to comply with Option B. This is the case with CPSES, Units 1 and 2, as stated in TS 5.5.16.  
The regulatory requirements and the guidance upon which the U.S. Nuclear Regulatory Commission (NRC) staff based its review of the requested change are based on 10 CFR Part 50:
: 1.      Title 10 of the Code of Federal Regulations, Section 50.36 (10 CFR 50.36).
: 2.      Appendix J, Option B as it relates to the general visual inspection of the accessible interior and exterior surfaces of the containment system for structural deterioration which may affect the containment leak-tight integrity, and
: 3. Section 50.55a as it relates to the ISI requirements of ASME Code, Class CC components.
10 CFR 50.36 requires that each license authorizing operation of a production or utilization facility include technical specifications. In particular, surveillance requirements, as set forth in 10 CFR 50.36(c)(3), are a type of technical specification that relates to testing, calibration or inspection to assure that the necessary quality of systems and components is maintained, that facility operation will be within safety limits, and that the limiting conditions for operation will be met.
10 CFR 50, Appendix J, sets forth options which can be chosen by a water-cooled power reactor licensee in order to perform containment leakage test requirements. Option B, as set forth in Appendix J of 10 CFR 50, provides a performance-based method for a licensee to meet the containment leakage test requirements. Licensees typically follow the guidelines set forth in RG 1.163 in order to comply with Option B. This is the case with CPSES, Units 1 and 2, as stated in TS 5.5.16.
With regard to the Appendix J, Option B, requirement for visual examination of accessible interior and exterior surfaces of the containment system, the Regulatory Position in RG 1.163, Section C.3, states, A[t]hese examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.@ Paragraph 50.55a(g)(4) of 10 CFR requires licensees to update their containment inservice inspection (CISI) program in accordance with Subsections IWE and IWL of Section XI, Division 1 of the ASME Code incorporated by reference in 10 CFR 50.55a(b)(2) subject to the limitation listed in 10 CFR 50.55a(b)(2)(vi), and modifications listed in 10 CFR 50.55a(b)(2)(viii) and 10 CFR 50.55a(b)(2)(ix). This CISI program has visual examination requirements per Articles IWE-2000 and IWL-2000 of ASME Code, Section XI. The proposed change revises TS 5.5.16 for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The proposed change implements TSTF-343, Revision 1, which allows the 10 CFR Part 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code, Section XI, Subsections IWE and IWL, and meets the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.
Section V.B.3 of 10 CFR Part 50, Appendix J, Option B, requires that the regulatory guide or other implementation document used by a licensee to develop a performance-based leak-testing program must be included, by general reference, in the plant TSs. Further, the submittal for TS revisions must contain justification, including supporting analyses, if the licensee chooses to deviate from methods approved by the Commission and endorsed in a regulatory guide. The licensee has submitted the current application for revising TS 5.5.16 in accordance with 10 CFR Part 50, Appendix J, Option B, Section V.B.3, since the licensee proposes to take exceptions to its current commitment in TS 5.5.16 with regard to the requirements and frequency for visual examination of accessible interior and exterior surfaces of the containment system to uncover structural problems.


With regard to the Appendix J, Option B, requirement for visual examination of accessible interior and exterior surfaces of the containment system, the Regulatory Position in RG 1.163, Section C.3, states, A[t]hese examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.
==3.0    TECHNICAL EVALUATION==
@  Paragraph 50.55a(g)(4) of 10 CFR requires licensees to update their containment inservice inspection (CISI) program in accordance with Subsections IWE and IWL of Section XI, Division 1 of the ASME Code incorporated by reference in 10 CFR 50.55a(b)(2) subject to the limitation listed in 10 CFR 50.55a(b)(2)(vi), and modifications listed in 10 CFR 50.55a(b)(2)(viii) and 10 CFR 50.55a(b)(2)(ix). This CISI program has visual examination requirements per Articles IWE-2000 and IWL-2000 of ASME Code, Section XI. The proposed change revises TS 5.5.16 for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The proposed change implements TSTF-343, Revision 1, which allows the 10 CFR Part 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code, Section XI, Subsections IWE and IWL, and meets the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.


Section V.B.3 of 10 CFR Part 50, Appendix J, Option B, requires that the regulatory guide or other implementation document used by a licensee to develop a performance-based leak-testing program must be included, by general reference, in the plant TSs. Further, the submittal for TS revisions must contain justification, including supporting analyses, if the licensee chooses to deviate from methods approved by the Commission and endorsed in a regulatory guide. The licensee has submitted the current application for revising TS 5.5.16 in accordance with 10 CFR Part 50, Appendix J, Option B, Section V.B.3, since the licensee proposes to take exceptions to its current commitment in TS 5.5.16 with regard to the requirements and frequency for visual examination of accessible interior and exterior surfaces of the containment system to uncover structural problems.
3.1     Proposed Change The proposed change requests to revise TS 5.5.16 by adding the following exceptions to RG 1.163, "Performance-Based Containment Leak-Test Program":
 
: 1.       The visual examination of containment concrete surfaces intended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code, Section XI, Subsection IWL, except where relief has been authorized by the NRC.
==3.0 TECHNICAL EVALUATION==
: 2.       The visual examination of the steel liner plate inside containment intended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code, Section XI, Subsection IWE, except where relief has been authorized by the NRC.
 
3.2     Evaluation The CPSES, Units 1 and 2, containment structures are fully continuous, steel lined, reinforced concrete structures. Each containment consists of a vertical cylinder and a hemispherical dome.
===3.1 Proposed===
The overall leak-tight characteristics and structural integrity of the containment is verified through a Type A Integrated Leak Rate Test (ILRT) performed periodically at the design-basis accident (DBA) pressure.
Change  
The CPSES, Units 1 and 2, TS requirements for the Containment Leakage Rate Testing Program specify that the program shall be in accordance with the guidelines contained in RG 1.163, dated September 1995. Regulatory Position C.3 of this RG states: ASection 9.2.1,
 
>Pretest Inspection and Test Methodology,= of NEI [Nuclear Energy Institute] 94-01 provides guidance for visual examination of accessible interior and exterior surfaces of the containment system for structural problems. These examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.@ There are no specific requirements in NEI 94-01 for the visual examination, except that it is to be a general visual examination of accessible interior and exterior surfaces of the primary containment components.
The proposed change requests to revise TS 5.5.16 by adding the following exceptions to RG 1.163, "Performance-Based Containment Leak-Test Program":  
In addition to the requirements of RG 1.163 and NEI 94-01, per the ISI requirements of 10 CFR 50.55a(g)(4), the concrete surfaces of the containment must be visually examined in accordance with ASME Code, Section XI, Subsection IWL, and the liner plate inside containment must be visually examined in accordance with ASME Code, Section XI, Subsection IWE. The frequency of visual examination of the concrete surfaces per Subsection IWL is once every 5 years (in general, two times in a 10-year interval), and the frequency of visual examination of the liner plate per Subsection IWE is, in general, three visual examinations over a 10-year interval. The visual examination performed pursuant to Subsection IWL may be performed any time during power operation or during shutdown, and the visual examinations performed pursuant to Subsection IWE are performed during refueling outages since this is the only time that the liner
: 1. The visual examination of containment concrete surfaces intended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code, Section XI, Subsection IWL, except where relief has been authorized by the NRC.  
: 2. The visual examination of the steel liner pl ate inside cont ainment int ended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code, Section XI, Subsection IWE, except where relief has been authorized by the NRC.
 
===3.2 Evaluation===
 
The CPSES, Units 1 and 2, containment structures are fully continuous, steel lined, reinforced concrete structures. Each containment consists of a vertical cylinder and a hemispherical dome.
The overall leak-tight characteristics and structural integrity of the containment is verified through a Type A Integrated Leak Rate Test (ILRT) performed periodically at the design-basis accident (DBA) pressure.
 
The CPSES, Units 1 and 2, TS requirements for the Containment Leakage Rate Testing Program specify that the program shall be in accordance with the guidelines contained in RG 1.163, dated September 1995. Regulatory Position C.3 of this RG states:
ASection 9.2.1, >Pretest Inspection and Test Methodology,= of NEI [Nuclear Energy Institute] 94-01 provides guidance for visual examination of accessible interior and exterior surfaces of the containment system for structural problems. These examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.
@ There are no specific requirements in NEI 94-01 for the visual examination, except that it is to be a general visual examination of accessible interior and exterior surfaces of the primary containment components.  
 
In addition to the requirements of RG 1.163 and NEI 94-01, per the ISI requirements of 10 CFR 50.55a(g)(4), the concrete surfaces of the containment must be visually examined in accordance with ASME Code, Section XI, Subsection IWL, and the liner plate inside containment must be visually examined in accordance with ASME Code, Section XI, Subsection IWE. The frequency of visual examination of the concrete surfaces per Subsection IWL is once every 5 years (in general, two times in a 10-year interval), and the frequency of visual examination of the liner plate per Subsection IWE is, in general, three visual examinations over a 10-year interval. The visual examination performed pursuant to Subsection IWL may be performed any time during power operation or during shutdown, and the visual examinations performed pursuant to Subsection IWE are performed during refueling outages since this is the only time that the liner plate is fully accessible. The licensee substantiated that the requirements for visual examinations performed pursuant to Subsections IWE and IWL are more rigorous than those performed pursuant to RG 1.163 and NEI 94-01. The staff agrees that the combination of the Code requirements for rigor of the visual exam inations plus t he required third-party review will more than offset the fact that one fewer visual examination of the c oncrete surfaces will be performed during a 10-year interval. The fact that the exterior concrete visual examinations pursuant to Subsection IWL may be performed during power operation as opposed to during a refueling outage will have no effect on the quality of the examination; however, it provides flexibility in scheduling the visual ex amination.


plate is fully accessible. The licensee substantiated that the requirements for visual examinations performed pursuant to Subsections IWE and IWL are more rigorous than those performed pursuant to RG 1.163 and NEI 94-01. The staff agrees that the combination of the Code requirements for rigor of the visual examinations plus the required third-party review will more than offset the fact that one fewer visual examination of the concrete surfaces will be performed during a 10-year interval. The fact that the exterior concrete visual examinations pursuant to Subsection IWL may be performed during power operation as opposed to during a refueling outage will have no effect on the quality of the examination; however, it provides flexibility in scheduling the visual examination.
In the implementation of the Containment Leakage Rate Testing Program per Option B of 10 CFR 50, Appendix J, the proposed change would thus require the licensee to perform visual examinations of the containment pursuant to ASME Code, Section XI, Subsections IWL and IWE in lieu of the visual examinations required by Regulatory Position C.3 of RG 1.163. Under the requirement of ASME Code, Section XI, Subsections IWL and IWE, the licensee will schedule at least one complete visual inspection prior to CPSES, Units 1 and 2, ILRT tests.
In the implementation of the Containment Leakage Rate Testing Program per Option B of 10 CFR 50, Appendix J, the proposed change would thus require the licensee to perform visual examinations of the containment pursuant to ASME Code, Section XI, Subsections IWL and IWE in lieu of the visual examinations required by Regulatory Position C.3 of RG 1.163. Under the requirement of ASME Code, Section XI, Subsections IWL and IWE, the licensee will schedule at least one complete visual inspection prior to CPSES, Units 1 and 2, ILRT tests.
Subsection IWE requires the licensee to perform general visual examinations of the liner and penetrations three times in a 10-year interval. Subsection IWL requires the licensee to perform general visual examinations of the accessible concrete surfaces two times in a 10-year interval.
Subsection IWE requires the licensee to perform general visual examinations of the liner and penetrations three times in a 10-year interval. Subsection IWL requires the licensee to perform general visual examinations of the accessible concrete surfaces two times in a 10-year interval.
Prior to performing an ILRT, the licensee will schedule its IWE and IWL examinations in a way that it be counted as a pre-ILRT examination. This process satisfies the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.  
Prior to performing an ILRT, the licensee will schedule its IWE and IWL examinations in a way that it be counted as a pre-ILRT examination. This process satisfies the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.
 
Based on our review of the licensee=s submittal dated December 19, 2006, the staff finds that visual examinations of the accessible exterior and interior surfaces of the containment system that are performed pursuant to the requirements and frequency prescribed in ASME Code, Section XI, Subsections IWE and IWL, are sufficient to meet the intent of the visual inspections required by RG 1.163, without requiring additional visual examinations pursuant to RG 1.163.
Based on our review of the licensee
The intent of early uncovering of evidence of structural deterioration will continue to be met by the more rigorous requirements of the Subsections IWE and IWL visual examinations.
=s submittal dated December 19, 2006, the staff finds that visual examinations of the accessible exterior and interior surfaces of the containment system that are performed pursuant to the requirements and frequency prescribed in ASME Code, Section XI, Subsections IWE and IWL, are sufficient to meet the intent of the visual inspections required by RG 1.163, without requiring additional visual examinations pursuant to RG 1.163.
Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is acceptable because the proposed visual examinations will provide an acceptable level of quality and safety.
The intent of early uncovering of evidence of st ructural deterioration will continue to be met by the more rigorous requirements of the Subsections IWE and IWL visual examinations.
Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is acceptable because the proposed visual examinations will provide an acceptable level of quality and safety. As a result, the proposed modification will allow TS 5.5.16 to maintain conformity with 10 CFR 50.36(c)(3). Moreover, the proposed revision to TS 5.5.16 conforms with the provisions of 10 CFR 50.55a(g)(4) by updating the TS to be consistent with the requirements for components classified as Code Class CC.
Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is  
 
acceptable because the proposed visual examinations will provide an acceptable level of quality and safety.  
 
Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is  
 
acceptable because the proposed visual examinations will provide an acceptable level of quality and safety. As a result, the proposed modification will allow TS 5.5.16 to maintain conformity with 10 CFR 50.36(c)(3). Moreover, the proposed revision to TS 5.5.16 conforms with the provisions of 10 CFR 50.55a(g)(4) by updating the TS to be consistent with the requirements for components classified as Code Class CC.  
 
==4.0 STATE CONSULTATION==
 
In accordance with the Commission's regulations, the Texas State official was notified of the proposed issuance of the amendment. The State official had no comments. 
 
==5.0 ENVIRONMENTAL CONSIDERATION==


The amendments change a requirement with respec t 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 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 published May 8, 2007 (72 FR 26179). Accordingly, the am endments 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 the amendments.  
==4.0      STATE CONSULTATION==


==6.0 CONCLUSION==
In accordance with the Commission's regulations, the Texas State official was notified of the proposed issuance of the amendment. The State official had no comments.


The Commission has concluded, based on the considerations discussed above, that:  (1) there
==5.0    ENVIRONMENTAL CONSIDERATION==


is reasonable assurance that the health and safety of the public will not be endangered by operation in the pr oposed manner, (2) such activities will be conducted in compliance with the Commission's regul ations, 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.  
The 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. 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 published May 8, 2007 (72 FR 26179). Accordingly, the 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 the amendments.


Principal Contributor:  George Thomas
==6.0    CONCLUSION==


Date: December 13, 2007}}
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: George Thomas Date: December 13, 2007}}

Latest revision as of 14:37, 22 March 2020

Issuance of Amendment Nos. 141 and 141 Revise TS 5.5.16, Containment Leakage Rate Testing Program for Consistency W/Requirements of 10 CFR 50.55a(g)(4)
ML073120252
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 12/13/2007
From: Balwant Singal
NRC/NRR/ADRO/DORL/LPLIV
To: Blevins M
Luminant Generation Co
Singal, Balwant, 415-3016, NRR/DORL/LPL4
Shared Package
ML073120250 List:
References
TAC MD4074, TAC MD4075
Download: ML073120252 (12)


Text

December 13, 2007 Mr. M. R. Blevins Executive Vice President

& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)

Dear Mr. Blevins:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating License No. NPF-87 and Amendment No. 141 to Facility Operating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.

The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.

The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).

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

Sincerely,

/RA/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446

Enclosures:

1. Amendment No. 141 to NPF-87
2. Amendment No. 141 to NPF-89
3. Safety Evaluation cc w/encls: See next page

December 13, 2007 Mr. M. R. Blevins Executive Vice President

& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 6322 North FM 56 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS RE: REVISION TO TECHNICAL SPECIFICATION 5.5.16, CONTAINMENT LEAK RATE TESTING PROGRAM (TAC NOS. MD4074 AND MD4075)

Dear Mr. Blevins:

The Nuclear Regulatory Commission has issued the enclosed Amendment No. 141 to Facility Operating License No. NPF-87 and Amendment No. 141 to Facility Operating License No. NPF-89 for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, respectively.

The amendments consist of changes to the Technical Specifications (TSs) in response to your application dated December 19, 2006.

The amendments revise CPSES, Units 1 and 2, TSs associated with the Containment Leakage Rate Testing Program (TS 5.5.16) to be consistent with Title 10 of the Code of Federal Regulations, Part 50, Section 55a, paragraph (g)(4).

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

Sincerely,

/RA/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446

Enclosures:

1. Amendment No. 141 to NPF-87
2. Amendment No. 141 to NPF-89
3. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

PUBLIC RidsNrrDorlDpr RidsOgcRp LPLIV Reading RidsNrrDorlLpl4 RidsRgn4MailCenter RidsAcrsAcnwMailCenter RidsNrrDssScvb GThomas, NRR/DE/EMCB RidsNrrDeEmcb RidsNrrPMBSingal GHill, OIS (4)

RidsNrrDirsItsb RidsNrrLAJBurkhardt ADAMS Accession Nos.: PKG ML073120250, Amdt/License ML073120252, TS Pages ML073120255 *SE dated 9/25/07 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DE/EMCB NRR/DSS/SCVB NRR/DIRS/ITSB OGC NRR/LPL4/BC TKobetz, GMW NAME BSingal JBurkhardt KManoly* RDennig for MLoftus, NLO THiltz DATE 11/27/07 11/27/07 9/25/07 12/4/07 11/30/07 12/10/07 12/11/07 OFFICIAL AGENCY RECORD

Comanche Peak Steam Electric Station cc:

Senior Resident Inspector Mr. Richard A. Ratliff, Chief U.S. Nuclear Regulatory Commission Bureau of Radiation Control P.O. Box 2159 Texas Department of Health Glen Rose, TX 76403-2159 1100 West 49th Street Austin, TX 78756-3189 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Mr. Brian Almon 611 Ryan Plaza Drive, Suite 400 Public Utility Commission Arlington, TX 76011 William B. Travis Building P.O. Box 13326 Mr. Fred W. Madden, Director 1701 North Congress Avenue Regulatory Affairs Austin, TX 78701-3326 Luminant Generation Company LLC P.O. Box 1002 Ms. Susan M. Jablonski Glen Rose, TX 76043 Office of Permitting, Remediation and Registration Timothy P. Matthews, Esq. Texas Commission on Environmental Morgan Lewis Quality 1111 Pennsylvania Avenue, NW MC-122 Washington, DC 20004 P.O. Box 13087 Austin, TX 78711-3087 County Judge P.O. Box 851 Anthony P. Jones Glen Rose, TX 76043 Chief Boiler Inspector Texas Department of Licensing Environmental and Natural and Regulation Resources Policy Director Boiler Division Office of the Governor E.O. Thompson State Office Building P.O. Box 12428 P.O. Box 12157 Austin, TX 78711-3189 Austin, TX 78711

LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1 DOCKET NO. 50-445 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 141 License No. NPF-87

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

A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.

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 Facility Operating License No. NPF-87 is hereby amended to read as follows:

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan as indicated in the attachment to this license amendment.

3. The license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License No. NPF-87 and Technical Specifications Date of Issuance: December 13, 2007

LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 2 DOCKET NO. 50-446 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 141 License No. NPF-89

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

A. The application for amendment by Luminant Generation Company LLC dated December 19, 2006, 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, as amended, 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 license 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.

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 Facility Operating License No. NPF-89 is hereby amended to read as follows:

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of its date of issuance and shall be implemented within 120 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Thomas G. Hiltz, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License No. NPF-89 and Technical Specifications Date of Issuance: December 13, 2007

ATTACHMENT TO LICENSE AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 DOCKET NOS. 50-445 AND 50-446 Replace the following pages of the Facility Operating License Nos. NPF-87 and NPF-89, and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Facility Operating License No. NPF-87 REMOVE INSERT 3 3 Facility Operating License No. NPF-89 REMOVE INSERT 3 3 Technical Specifications REMOVE INSERT 5.0-27 5.0-27 5.0-28 5.0-28

-- 5.0-28a

(3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No. 141

(3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission=s regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level Luminant Generation Company LLC is authorized to operate the facility at reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 141 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. Luminant Generation Company LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions DELETED Amendment No. 141

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-87 AND AMENDMENT NO. 141 TO FACILITY OPERATING LICENSE NO. NPF-89 LUMINANT GENERATION COMPANY LLC COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 DOCKET NOS. 50-445 AND 50-446

1.0 INTRODUCTION

By the letter dated December 19, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070580126), TXU Generation Company LP (subsequently renamed Luminant Generation Company LLC, the licensee), submitted a license amendment request (LAR 06-010) to revise Technical Specification (TS) 5.5.16, AContainment Leakage Rate Testing Program,@ for Comanche Peak Steam Electric Station (CPSES), Units 1 and 2. The proposed amendment would revise TS 5.5.16 for consistency with the requirements of paragraphs 50.55a(g)(4) of Title 10 of the Code of Federal Regulations (10 CFR), for components classified as Code Class CC. This regulation requires licensees to update their containment inservice inspection (ISI) requirements in accordance with Division 1 of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),

Section XI, Subsections IWE and IWL. The proposed change is based on TS Task Force (TSTF)-343, Revision 1, which allows the 10 CFR 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code,Section XI, Subsections IWE and IWL, and meet the intent of visual examinations required by Regulatory Position C.3 of Regulatory Guide (RG) 1.163, APerformance-Based Containment Leak-Test Program,@ dated September 1995, without requiring additional visual examinations pursuant to RG 1.163.

2.0 REGULATORY EVALUATION

The regulatory requirements and the guidance upon which the U.S. Nuclear Regulatory Commission (NRC) staff based its review of the requested change are based on 10 CFR Part 50:

1. Title 10 of the Code of Federal Regulations, Section 50.36 (10 CFR 50.36).
2. Appendix J, Option B as it relates to the general visual inspection of the accessible interior and exterior surfaces of the containment system for structural deterioration which may affect the containment leak-tight integrity, and
3. Section 50.55a as it relates to the ISI requirements of ASME Code, Class CC components.

10 CFR 50.36 requires that each license authorizing operation of a production or utilization facility include technical specifications. In particular, surveillance requirements, as set forth in 10 CFR 50.36(c)(3), are a type of technical specification that relates to testing, calibration or inspection to assure that the necessary quality of systems and components is maintained, that facility operation will be within safety limits, and that the limiting conditions for operation will be met.

10 CFR 50, Appendix J, sets forth options which can be chosen by a water-cooled power reactor licensee in order to perform containment leakage test requirements. Option B, as set forth in Appendix J of 10 CFR 50, provides a performance-based method for a licensee to meet the containment leakage test requirements. Licensees typically follow the guidelines set forth in RG 1.163 in order to comply with Option B. This is the case with CPSES, Units 1 and 2, as stated in TS 5.5.16.

With regard to the Appendix J, Option B, requirement for visual examination of accessible interior and exterior surfaces of the containment system, the Regulatory Position in RG 1.163, Section C.3, states, A[t]hese examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.@ Paragraph 50.55a(g)(4) of 10 CFR requires licensees to update their containment inservice inspection (CISI) program in accordance with Subsections IWE and IWL of Section XI, Division 1 of the ASME Code incorporated by reference in 10 CFR 50.55a(b)(2) subject to the limitation listed in 10 CFR 50.55a(b)(2)(vi), and modifications listed in 10 CFR 50.55a(b)(2)(viii) and 10 CFR 50.55a(b)(2)(ix). This CISI program has visual examination requirements per Articles IWE-2000 and IWL-2000 of ASME Code,Section XI. The proposed change revises TS 5.5.16 for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The proposed change implements TSTF-343, Revision 1, which allows the 10 CFR Part 50, Appendix J, Option B, visual examinations of the containment to be performed in accordance with ASME Code,Section XI, Subsections IWE and IWL, and meets the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.

Section V.B.3 of 10 CFR Part 50, Appendix J, Option B, requires that the regulatory guide or other implementation document used by a licensee to develop a performance-based leak-testing program must be included, by general reference, in the plant TSs. Further, the submittal for TS revisions must contain justification, including supporting analyses, if the licensee chooses to deviate from methods approved by the Commission and endorsed in a regulatory guide. The licensee has submitted the current application for revising TS 5.5.16 in accordance with 10 CFR Part 50, Appendix J, Option B,Section V.B.3, since the licensee proposes to take exceptions to its current commitment in TS 5.5.16 with regard to the requirements and frequency for visual examination of accessible interior and exterior surfaces of the containment system to uncover structural problems.

3.0 TECHNICAL EVALUATION

3.1 Proposed Change The proposed change requests to revise TS 5.5.16 by adding the following exceptions to RG 1.163, "Performance-Based Containment Leak-Test Program":

1. The visual examination of containment concrete surfaces intended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code,Section XI, Subsection IWL, except where relief has been authorized by the NRC.
2. The visual examination of the steel liner plate inside containment intended to fulfill the requirements of 10 CFR 50, Appendix J, Option B testing, will be performed in accordance with the requirements and frequency specified by ASME Code,Section XI, Subsection IWE, except where relief has been authorized by the NRC.

3.2 Evaluation The CPSES, Units 1 and 2, containment structures are fully continuous, steel lined, reinforced concrete structures. Each containment consists of a vertical cylinder and a hemispherical dome.

The overall leak-tight characteristics and structural integrity of the containment is verified through a Type A Integrated Leak Rate Test (ILRT) performed periodically at the design-basis accident (DBA) pressure.

The CPSES, Units 1 and 2, TS requirements for the Containment Leakage Rate Testing Program specify that the program shall be in accordance with the guidelines contained in RG 1.163, dated September 1995. Regulatory Position C.3 of this RG states: ASection 9.2.1,

>Pretest Inspection and Test Methodology,= of NEI [Nuclear Energy Institute] 94-01 provides guidance for visual examination of accessible interior and exterior surfaces of the containment system for structural problems. These examinations should be conducted prior to initiating a Type A test, and during two other refueling outages before the next Type A test if the interval for the Type A test has been extended to 10 years, in order to allow for early uncovering of evidence of structural deterioration.@ There are no specific requirements in NEI 94-01 for the visual examination, except that it is to be a general visual examination of accessible interior and exterior surfaces of the primary containment components.

In addition to the requirements of RG 1.163 and NEI 94-01, per the ISI requirements of 10 CFR 50.55a(g)(4), the concrete surfaces of the containment must be visually examined in accordance with ASME Code,Section XI, Subsection IWL, and the liner plate inside containment must be visually examined in accordance with ASME Code,Section XI, Subsection IWE. The frequency of visual examination of the concrete surfaces per Subsection IWL is once every 5 years (in general, two times in a 10-year interval), and the frequency of visual examination of the liner plate per Subsection IWE is, in general, three visual examinations over a 10-year interval. The visual examination performed pursuant to Subsection IWL may be performed any time during power operation or during shutdown, and the visual examinations performed pursuant to Subsection IWE are performed during refueling outages since this is the only time that the liner

plate is fully accessible. The licensee substantiated that the requirements for visual examinations performed pursuant to Subsections IWE and IWL are more rigorous than those performed pursuant to RG 1.163 and NEI 94-01. The staff agrees that the combination of the Code requirements for rigor of the visual examinations plus the required third-party review will more than offset the fact that one fewer visual examination of the concrete surfaces will be performed during a 10-year interval. The fact that the exterior concrete visual examinations pursuant to Subsection IWL may be performed during power operation as opposed to during a refueling outage will have no effect on the quality of the examination; however, it provides flexibility in scheduling the visual examination.

In the implementation of the Containment Leakage Rate Testing Program per Option B of 10 CFR 50, Appendix J, the proposed change would thus require the licensee to perform visual examinations of the containment pursuant to ASME Code,Section XI, Subsections IWL and IWE in lieu of the visual examinations required by Regulatory Position C.3 of RG 1.163. Under the requirement of ASME Code,Section XI, Subsections IWL and IWE, the licensee will schedule at least one complete visual inspection prior to CPSES, Units 1 and 2, ILRT tests.

Subsection IWE requires the licensee to perform general visual examinations of the liner and penetrations three times in a 10-year interval. Subsection IWL requires the licensee to perform general visual examinations of the accessible concrete surfaces two times in a 10-year interval.

Prior to performing an ILRT, the licensee will schedule its IWE and IWL examinations in a way that it be counted as a pre-ILRT examination. This process satisfies the intent of visual examinations required by Regulatory Position C.3 of RG 1.163 without requiring additional visual examinations pursuant to RG 1.163.

Based on our review of the licensee=s submittal dated December 19, 2006, the staff finds that visual examinations of the accessible exterior and interior surfaces of the containment system that are performed pursuant to the requirements and frequency prescribed in ASME Code,Section XI, Subsections IWE and IWL, are sufficient to meet the intent of the visual inspections required by RG 1.163, without requiring additional visual examinations pursuant to RG 1.163.

The intent of early uncovering of evidence of structural deterioration will continue to be met by the more rigorous requirements of the Subsections IWE and IWL visual examinations.

Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is acceptable because the proposed visual examinations will provide an acceptable level of quality and safety.

Therefore, the staff concludes that the revision to TS 5.5.16, as proposed by the licensee, is acceptable because the proposed visual examinations will provide an acceptable level of quality and safety. As a result, the proposed modification will allow TS 5.5.16 to maintain conformity with 10 CFR 50.36(c)(3). Moreover, the proposed revision to TS 5.5.16 conforms with the provisions of 10 CFR 50.55a(g)(4) by updating the TS to be consistent with the requirements for components classified as Code Class CC.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

The 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. 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 published May 8, 2007 (72 FR 26179). Accordingly, the 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 the 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: George Thomas Date: December 13, 2007