ML071520044

License Amendment, Issuance of Amendment ASTM Standards for Fuel Oil Testing

ML071520044
Person / Time
Site:	Perry
Issue date:	07/12/2007
From:	Wengert T J NRC/NRR/ADRO/DORL/LPLIII-2
To:	Allen B S FirstEnergy Nuclear Operating Co
Wengert, Thomas NRR/DORL 415-4037
Shared Package
ml071520050	List: ML071520044
References
TAC MD4084
Download: ML071520044 (12)

Text

July 12, 2007Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OFAMENDMENT RE: REVISE DIESEL FUEL OIL REQUIREMENTS LINE ITEM IMPROVEMENT PROCESS (TAC NO. MD4084)

Dear Mr. Allen:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosedAmendment No. 146 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the Technical Specifications in response to your application dated January 19, 2007.This amendment relocates references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents and adds alternate criteria to the "clear and bright" acceptance test for new fuel oil. A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in theCommission's next biweekly Federal Register notice.Sincerely,/RA/Thomas J. Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-440

Enclosures:

1. Amendment No. 146 to NPF-58 2. Safety Evaluationcc w/encls: See next page Mr. Barry S. AllenJuly 12, 2007Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OFAMENDMENT RE: REVISE DIESEL FUEL OIL REQUIREMENTS LINE ITEM IMPROVEMENT PROCESS (TAC NO. MD4084)

Dear Mr. Allen:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosedAmendment No. 146 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the Technical Specifications in response to your application dated January 19, 2007.This amendment relocates references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents and adds alternate criteria to the "clear and bright" acceptance test for new fuel oil. A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in theCommission's next biweekly Federal Register notice.Sincerely,/RA/Thomas J. Wengert, Project ManagerPlant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-440

Enclosures:

1. Amendment No. 146 to NPF-58 2. Safety Evaluationcc w/encls: See next page DISTRIBUTION

PUBLICLPL3-2 R/FRidsNrrPMTWengertRidsNrrDirsItsb RidsOgcRpRidsNrrLAEWhittRidsRgn3MailCenterRidsNrrDorlLpl3-2 RidsAcrsAcnwMailCenterRidsNrrDorlDprGHill (2)Package Accession Number: ML071520050Amendment Accession Number: ML071520044 TS Accession Number: ML071940290*Memo datedNRR-058OFFICELPL3-2/PMLPL3-2/LADIRS/ITSBLPL3-2/BCNAMETWengertEWhitt(THarris for)TKobetz*RGibbsDATE07/12/0707/12/0703/14/0707/12/07OFFICIAL RECORD COPY Perry Nuclear Power Plant, Unit No. 1 cc:David W. Jenkins, AttorneyFirstEnergy CorporationMail Stop A-GO-1576 South Main StreetAkron, OH 44308Resident Inspector's OfficeU.S. Nuclear Regulatory CommissionP.O. Box 331Perry, OH 44081-0331Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission2443 Warrenville Road, Suite 210Lisle, IL 60532-4531Sue HiattOCRE Interim Representative8275 MunsonMentor, OH 44060Manager, Site Regulatory ComplianceFirstEnergy Nuclear Operating CompanyPerry Nuclear Power PlantMail Stop A-PY-A200P.O. Box 97, 10 Center RoadPerry, OH 44081-0097Mayor, Village of North PerryNorth Perry Village Hall4449 Lockwood RoadNorth Perry Village, OH 44081Donna Owens, DirectorOhio Department of CommerceDivision of Industrial ComplianceBureau of Operations & Maintenance6606 Tussing RoadP.O. Box 4009Reynoldsburg, OH 43068-9009Carol O'Claire, Chief, Radiological BranchOhio Emergency Management Agency2855 West Dublin Granville RoadColumbus, OH 43235-7150Mayor, Village of PerryP.O. Box 100Perry, OH 44081-0100 Dennis ClumRadiological Assistance Section SupervisorBureau of Radiation ProtectionOhio Department of HealthP.O. Box 118Columbus, OH 43266-0118Zack A. Clayton DERROhio Environmental Protection AgencyATTN: Mr. Zack A. ClaytonP.O. Box 1049Columbus, OH 43266-0149ChairmanPerry Township Board of Trustees3750 Center Road, Box 65Perry, OH 44081Daniel Z. FisherTransportation DepartmentPublic Utilities Commission180 East Broad StreetColumbus, OH 43215-3793 James H. LashSenior Vice President of Operations and Chief Operating OfficerFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308Director, Fleet Regulatory AffairsFirstEnergy Nuclear Operating CompanyMail Stop A-GO-276 South Main StreetAkron, OH 44308Joseph J. HaganPresident and Chief Nuclear OfficerFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308 Perry Nuclear Power Plant, Unit No. 1 cc:

Danny L. Pace Senior Vice President, Fleet EngineeringFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308Jeannie M. RinckelVice President, Fleet OversightFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308Manager, Fleet LicensingFirstEnergy Nuclear Operating CompanyMail Stop A-GO-276 South Main StreetAkron, OH 44308Richard AndersonVice President, Nuclear SupportFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308 FIRSTENERGY NUCLEAR OPERATING COMPANYFIRSTENERGY NUCLEAR GENERATION CORP.OHIO EDISON COMPANYDOCKET NO. 50-440PERRY NUCLEAR POWER PLANT, UNIT NO. 1AMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 146License No. NPF-581.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for license filed by FirstEnergy Nuclear Operating Company,et al., (the licensee) dated January 19, 2007, complies with the standards andrequirements of the Atomic Energy Act of 1954, as amended (the Act), and theCommission's rules and regulations set forth in 10 CFR Chapter I;B.The facility will operate in conformity with the application, the provisions of theAct, and the rules and regulations of the Commission;C.There is reasonable assurance (i) that the activities authorized by thisamendment can be conducted without endangering the health and safety of thepublic, and (ii) that such activities will be conducted in compliance with theCommission's regulations;D.The issuance of this amendment will not be inimical to the common defense andsecurity or to the health and safety of the public; andE.The issuance of this amendment is in accordance with 10 CFR Part 51 of theCommission's regulations and all applicable requirements have been satisfied.2.Accordingly, the license is amended by changes to the Technical Specifications asindicated in the attachment to this license amendment, and paragraph 2.C.(2) of FacilityOperating License No. NPF-58 is hereby amended to read as follows: (2)Technical SpecificationsThe Technical Specifications contained in Appendix A and the EnvironmentalProtection Plan contained in Appendix B, as revised through Amendment No. 146 are hereby incorporated into this license. FENOC shall operate thefacility in accordance with the Technical Specifications and the EnvironmentalProtection Plan.3.This license amendment is effective as of its date of its issuance and shall beimplemented within 120 days of the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Russell Gibbs, ChiefPlant Licensing Branch III-2Division of Operating Reactor LicensingOffice of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications and Facility Operating LicenseDate of Issuance: July 12, 2007 ATTACHMENT TO LICENSE AMENDMENT NO. 146FACILITY OPERATING LICENSE NO. NPF-58DOCKET NO. 50-440Replace the following pages of the Facility Operating License and Appendix A TechnicalSpecifications with the attached revised pages. The revised pages are identified byamendment number and contain marginal lines indicating the areas of change. Remove InsertLicense NPF-58License NPF-58Page 4Page 4 TS TS5.0-135.0-13 renewal. Such sale and leaseback transactions are subject to the representationsand conditions set forth in the above mentioned application of January 23, 1987,as supplemented on March 3, 1987, as well as the letter of the Director of theOffice of Nuclear Reactor Regulation dated March 16, 1987, consenting to suchtransactions. Specifically, a lessor and anyone else who may acquire an interestunder these transactions are prohibited from exercising directly or indirectly anycontrol over the licenses of PNPP Unit 1. For purposes of this condition thelimitations of 10 CFR 50.81, as now in effect and as may be subsequentlyamended, are fully applicable to the lessor and any successor in interest to thatlessor as long as the license for PNPP Unit 1 remains in effect; these financialtransactions shall have no effect on the license for the Perry Nuclear facilitythroughout the term of the license. (b)Further, the licensees are also required to notify the NRC in writing prior to anychange in: (i) the terms or conditions of any lease agreements executed as part ofthese transactions; (ii) the PNPP Operating Agreement; (iii) the existing propertyinsurance coverage for PNPP Unit 1; and (iv) any action by a lessor or others thatmay have an adverse effect on the safe operation of the facility.C.This license shall be deemed to contain and is subject to the conditions specified inthe Commission's regulations set forth in 10 CFR Chapter I and is subject to allapplicable provisions of the Act and to the rules, regulations, and orders of theCommission now and hereafter in effect; and is subject to the additional conditionsspecified or incorporated below:(1)Maximum Power LevelFENOC is authorized to operate the facility at reactor core power levels not inexcess of 3758 megawatts thermal (100% power) in accordance with the conditionsspecified herein.(2)Technical SpecificationsThe Technical Specifications contained in Appendix A and the EnvironmentalProtection Plan contained in Appendix B, as revised through Amendment No. 146,are hereby incorporated into the license. FENOC shall operate the facility inaccordance with the Technical Specifications and the Environmental Protection Plan.(3)Antitrust Conditionsa. FirstEnergy Nuclear Generation Corp. and Ohio Edison CompanyAmendment No. 146 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NO. 146 TO FACILITY OPERATING LICENSE NO. NPF-58FIRSTENERGY NUCLEAR OPERATING COMPANYFIRSTENERGY NUCLEAR GENERATION CORP.OHIO EDISON COMPANYPERRY NUCLEAR POWER PLANT, UNIT NO. 1DOCKET NO. 50-44

01.0INTRODUCTION

By letter to the Nuclear Regulatory Commission (NRC, the Commission) dated January 19,2007 (Agencywide Documents Access and Management System Accession (ADAMS)No. ML070650096), FirstEnergy Nuclear Operating Company, et al. (the licensee) requestedchanges to the technical specifications (TSs) for the Perry Nuclear Power Plant (PNPP), UnitNo. 1. The proposed changes would relocate references to specific American Society forTesting and Materials (ASTM) standards for fuel oil testing to licensee-controlled documentsand would add alternate criteria to the "clear and bright" acceptance test for new fuel oil. Thesechanges were described in a Notice of Availability published in the Federal Register on April 21,2006 (71 FR 20735).

2.0REGULATORY EVALUATION

The onsite electrical power system includes standby power sources, distribution systems, andvital auxiliary supporting systems to supply power to safety-related equipment. Mostcommercial nuclear power plants use diesel generators as the emergency power source for thesafety-related electrical buses. The importance of the diesel generators (or other standbypower sources) is reflected in their incorporation into NRC regulations, TS, and other regulatoryprograms, including Appendix B ("Quality Assurance Criteria for Nuclear Power Plants and FuelReprocessing Plants") 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 NuclearPower Plants," addresses diesel fuel oil and other supporting systems in Section 9.5.4,"Emergency Diesel Engine Fuel Oil Storage and Transfer System Review Responsibilities." The TSs include requirements for testing diesel fuel oil to ensure it is of the appropriate gradeand that it has not been contaminated (i.e., proper fuel oil quality). The Diesel Fuel Oil TestingProgram defined in the TSs includes tests for (1) the acceptability of new fuel oil for use prior toaddition to storage tanks; (2) other properties of new fuel oil within limits within 30 daysfollowing sampling and addition to storage tanks; and (3) total particulate concentration of thefuel oil every 31 days. The current TSs identify particular ASTM standards and methods ofperforming these tests. The industry submitted TS Task Force Traveler No. 374 (TSTF-374),?Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil" proposing changes to thestandard TSs (STSs; NUREGs 1430-1434) to provide the flexibility to address future changes in Environmental Protection Agency (EPA) regulations for fuel oil or revisions to the ASTMstandards. TSTF-374 was reviewed and accepted by the NRC staff and has been incorporatedinto each of the STSs NUREGs. Requirements for testing the diesel fuel oil are maintained, butreferences to specific ASTM standards are relocated to licensee-controlled documents and analternative to the "clear and bright" acceptance test for new fuel is added to address changes inEPA requirements.

3.0TECHNICAL EVALUATION

In adopting TSTF-374, the licensee proposes to relocate the reference to specific ASTMstandards from the TS Administrative Controls Section 5.5.9, "Diesel Fuel Oil Testing Program,"to a licensee-controlled document. Although the reference to specific testing standards ormethods is relocated, TS 5.5.9 retains acceptance criteria for new and stored diesel fuel oil andrefers to "applicable ASTM standards" for sampling and testing requirements. The specifictesting standards or methods are relocated to the TS Bases Section, which are controlled inaccordance with 10 CFR 50.59, "Changes, tests, and experiments," as described in TS 5.5.11,"Technical Specification (TS) Bases Control Program." The licensee's testing programs fordiesel fuel oil are also governed by other regulatory requirements, including Appendix B to10 CFR Part 50. While the relocation of selected program details provides the licensee withsome flexibility to adopt practices defined in future ASTM standards, the NRC staff finds thatthe remaining TS, TS Bases Control Program, and other NRC regulations provide appropriateregulatory controls to ensure diesel fuel oil quality will be maintained. The plant-specific adoption of TSTF-374 also includes an alternative to the "clear and bright"test currently required for new fuel oil acceptability. The revised TSs would allow either the"clear and bright" test or a test confirming that the fuel oil has "water and sediment contentwithin limits." This alternative test is better suited for darker colored fuels and is recognized inASTM standards that have been referenced in NRC-approved amendment requests. The NRCstaff finds that the alternative for testing the water and sediment content will maintain orimprove the inspection of new fuel oil and therefore finds the change acceptable. The licensee included in its application the proposed revisions to the TS Bases to reflect thechanges to TS 5.5.9 and to incorporate the references to the applicable ASTM standards. Thechanges are consistent with TSTF-374 and will be incorporated into the TS Bases inaccordance with TS 5.5.11.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Ohio State official was notified of theproposed issuance of the amendments. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

This amendment changes a requirement with respect to installation or use of a facilitycomponent located within the restricted area as defined in 10 CFR Part 20. The NRC staff hasdetermined that the amendment involves no significant increase in the amounts, and nosignificant change in the types, of any effluent that may be released offsite and that there is nosignificant increase in individual or cumulative occupational radiation exposure. TheCommission has previously issued a proposed finding that this amendment involves nosignificant hazards consideration and there has been no public comment on such finding(72 FR 17950; April 10, 2007). Accordingly, this amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), noenvironmental impact statement or environmental assessment need be prepared in connectionwith the issuance of this amendment.

6.0 CONCLUSION

The NRC staff has concluded, based on the considerations discussed above, that: (1) there isreasonable assurance that the health and safety of the public will not be endangered byoperation in the proposed manner, (2) such activities will be conducted in compliance with theCommission's regulations, and (3) the issuance of this amendment will not be inimical to thecommon defense and security or to the health and safety of the public.Principal Contributor: T. Wertz Date: July 12, 2007