ML062220654

Issuance of Amendment Clarify Wording of Emergency Closed Cooling Water SR 3.7.10.2

ML062220654
Person / Time
Site:	Perry
Issue date:	10/27/2006
From:	Thomas Wengert NRC/NRR/ADRO/DORL/LPLIII-2
To:	Richard Anderson FirstEnergy Nuclear Operating Co
Campbell S, NRC/NRR/DORL, 415-1486
Shared Package
ML062220662	List: ML062220654
References
TAC MC8970
Download: ML062220654 (13)

Text

October 27, 2006Mr. Richard AndersonVice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant, Unit 1 Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT 1 - ISSUANCE OF AMENDMENTRE: CLARIFY WORDING OF EMERGENCY CLOSED COOLING WATER SURVEILLANCE REQUIREMENT 3.7.10.2 (TAC NO. MC8970)

Dear Mr. Pearce:

The Commission has issued the enclosed Amendment No. 139 to Facility Operating LicenseNo. NPF-58 for the Perry Nuclear Power Plant, Unit 1. The amendment is in response to your application dated November 15, 2005.The amendment modifies the technical specifications to clarify the wording of emergencyclosed cooling water (ECCW) Surveillance Requirement (SR) 3.7.10.2. The SR verifies actuation of the entire ECCW system rather than just verifying "valve" actuation. 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. 139 to NPF-58

2. Safety Evaluationcc w/encls: See next page Mr. Richard AndersonOctober 27, 2006Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant, Unit 1 Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT 1 - ISSUANCE OF AMENDMENTRE: CLARIFY WORDING OF EMERGENCY CLOSED COOLING WATER SURVEILLANCE REQUIREMENT 3.7.10.2 (TAC NO. MC8970)

Dear Mr. Pearce:

The Commission has issued the enclosed Amendment No. 139 to Facility Operating LicenseNo. NPF-58 for the Perry Nuclear Power Plant, Unit 1. The amendment is in response to your application dated November 15, 2005.The amendment modifies the technical specifications to clarify the wording of emergencyclosed cooling water (ECCW) Surveillance Requirement (SR) 3.7.10.2. The SR verifies actuation of the entire ECCW system rather than just verifying "valve" actuation. 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. 139 to NPF-58

2. Safety Evaluationcc w/encls: See next pageDISTRIBUTION

PUBLICRidsNrrLADClarkeGHill, OIS (2)

LPL3-2 R/FRidsOgcRpRidsRgn3MailCenter RidsNrrDorlLpl3-2RidsAcrsAcnwMailCenterRidsNrrDorlDpr RidsNrrPMTWengertRidsNrrDirsItsbPHearn, NRRPackage Accession Number: ML062220662Amendment Accession Number: ML062220654 TS Accession Number: MLOFFICELPL3-2/PMLPL3-2/LADIRS/ITSBOGCLPL3-2/BCNAMETWengert:mwDClarkeTKobetzTCampbellDCollinsDATE10/18/0610/18/06 10/23/0610/24/0610/27/06OFFICIAL RECORD COPY FIRSTENERGY NUCLEAR OPERATING COMPANYFIRSTENERGY NUCLEAR GENERATION CORP.OHIO EDISON COMPANYDOCKET NO. 50-440PERRY NUCLEAR POWER PLANT, UNIT 1FACILITY OPERATING LICENSEAmendment No. 139License 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 November 15, 2005, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I;B.The facility will operate in conformity with the application, the provisions of 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 the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations;D.The issuance of this amendment will not be inimical to the common defense 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 Facility Operating 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. 139, are hereby incorporated into this license. FENOC 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 its issuance and shall beimplemented within 90 days of the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Daniel S. Collins, ChiefPlant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications and Facility Operating LicenseDate of Issuance: October 27, 2006 ATTACHMENT TO LICENSE AMENDMENT NO. 139FACILITY 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 by amendment number and contain marginal lines indicating the areas of change. RemoveInsertLicense Page 4License Page 43.7-20 3.7-20 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NO. 139 TO FACILITY OPERATING LICENSE NO. NPF-58FIRSTENERGY NUCLEAR OPERATING COMPANYFIRSTENERGY NUCLEAR GENERATION CORP.OHIO EDISON COMPANYPERRY NUCLEAR POWER PLANT, UNIT 1DOCKET NO. 50-44

01.0INTRODUCTION

By letter to the Nuclear Regulatory Commission (NRC, the Commission) dated November 15,2005 (Agencywide Documents Access and Management System Accession No.

ML053260443), FirstEnergy Nuclear Operating Company, et al. (the licensee) requested changes to the technical specifications (TSs) for the Perry Nuclear Power Plant, Unit 1 (Perry). The proposed changes would modify the TSs to clarify the wording of emergency closed cooling water (ECCW) surveillance requirement (SR) 3.7.10.2.

2.0REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended (the Act), requires applicants fornuclear power plant operating licenses to include TSs as part of the license. TSs specify the requirements for operation of nuclear reactors. Title 10 of the Code of Federal Regulations(10 CFR) Section 50.36, "Technical specifications," states that TSs are to be derived from the analyses and evaluations of the safety analysis report (the design basis). Additionally, 10 CFR 50.36(c)(3) requires TSs to include SRs, which are requirements relating to the test, calibration, or inspection to assure that the necessary quality of systems and components is maintained, that the facility operation will be within the safety limits, and that the limiting conditions for operation will be met.General Design Criterion 44, "Cooling water," to 10 CFR Part 50, Appendix A, requires asystem be provided to transfer heat from structures, systems, and components (SSCs) important to safety, to an ultimate heat sink. The criterion further states that the system safety function shall transfer the combined heat load of these SSCs under normal operating and accident conditions. The Perry ECCW system is a closed loop system designed to provide a heat sink, during a design-basis accident or transient, for safety-related components in systems such as subsystems for the low-pressure emergency core cooling system. ECCW then transfers that heat to the emergency service water system, which transports the heat to Lake Erie.

3.0TECHNICAL EVALUATION

The NRC staff reviewed the proposed change for compliance with 10 CFR 50.36 and forconsistency with the precedent established in NUREG-1434, "Standard Technical Specifications [STSs] General Electric Plants, BWR/6." The change would make the SR 3.7.10.2 wording consistent with the more "standard" wording of the system actuation SRs in TS 3.7.1, "[Standby Service Water (SSW)] System and [Ultimate Heat Sink (UHS)]";

TS 3.7.2, "High Pressure Core Spray (HPCS) Service Water System (SWS)"; and TS 3.7.3,

"[Control Room Fresh Air (CRFA)] System," of NUREG-1434. In the licensee's amendment request dated November 15, 2005, the licensee noted that an ECCW specification is not included in NUREG-1434 because the ECCW system is a Perry-specific plant design. The current wording of SR 3.7.10.2 requires that automatic valves in ECCW actuate on anactuation signal. However, the TS Bases for the SR identify that more than just valves are tested. The TS Bases state, "This Surveillance also verifies the automatic start capability of the ECCW pump in each subsystem." During development of the Perry improved STSs, no direct template existed for the wording of SR 3.7.10.2, since NUREG-1434 did not include an ECCW specification. Therefore, wording similar to the original Perry TS SR was incorporated. The non-standard wording focused on valve actuation, since the original ECCW system design required several valves to close after an accident to isolate the safety-related ECCW system from a non-safety cooling water system. The overall system actuation was only addressed in the TS Bases. Since that time, the physical boundary for the safety-related ECCW subsystems has been made passive, by adding check valves. It is therefore appropriate to revise the SR wording to reflect actuation of the total system, consistent with the standard wording of SRs in TS 3.7.1, 3.7.2, and 3.7.3 of NUREG-1434. This is accomplished by revising SR 3.7.10.2 to read, "Verify each ECCW subsystem actuates on an actual or simulated initiation signal."The licensee's amendment request rewords SR 3.7.10.2 to more clearly state that the actuationcapability of the entire ECCW system must continue to be tested. This change also ensures consistency with the standard wording in SRs for TSs 3.7.1, 3.7.2, and 3.7.3 as described in NUREG-1434 and for verifying the overall system actuation as described in the Perry TS Bases. The NRC staff determined that this is an administrative clarification and the rewording of SR 3.7.10.2 does not change the technical content of the specification. The NRC staff's position, in general, is that there are two classes of TS changes: (1) changesneeded to reflect contents of the design basis (as mentioned above, TSs are derived from the design basis), and (2) voluntary changes to take advantage of the evolution in policy and guidance as to the required content and preferred format of TSs over time. The NRC staff concludes that this amendment involves the second class of changes; namely,administrative changes that reflect the current configuration of the plant and consistency with the TS Bases. Furthermore, the licensee's proposed changes are acceptable since they conform to the standard wording in NUREG-1434 and continue to meet the requirements of 10 CFR 50.36, and 10 CFR Part 50, Appendix A, Criterion 44.

4.0STATE CONSULTATION

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

5.0ENVIRONMENTAL 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 and changes an SR.

The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluent 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 this amendment involves no significant hazards consideration and there has been no public comment on such finding (71 FR 5081; dated January 31, 2006). 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), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

6.0CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) thereis 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 this amendment will not be inimical to the common defense and security or to the health and safety of the public.Principal Contributor: P. Hearn Date: October 27, 2006 Perry Nuclear Power Plant, Unit 1 cc:David W. Jenkins, AttorneyFirstEnergy CorporationMail Stop A-GO-1876 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 RoadLisle, IL 60532-4531Sue HiattOCRE Interim Representative8275 MunsonMentor, OH 44060Manager - Regulatory ComplianceFirstEnergy Nuclear Operating CompanyPerry Nuclear Power PlantP.O. Box 97, A21010 Center RoadPerry, OH 44081Mayor, 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 43215-3793Joseph J. HaganSenior Vice President of Operations and Chief Operating OfficerFirst Energy Nuclear Operating CompanyMail Stop A-GO-1476 South Main StreetAkron, OH 44308Director, Regulatory AffairsFirstEnergy Nuclear Operating Company395 Ghent Road Akron, OH 44333Gary R. LeidichPresident and Chief Nuclear OfficerFirstEnergy Nuclear Operating CompanyMail Stop A-GO-1976 South Main StreetAkron, OH 44308 Perry Nuclear Power Plant, Unit 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-GHE-107395 Ghent RoadAkron, OH 44333L. W. PearceVice PresidentFirstEnergy Nuclear Operating CompanyPerry Nuclear Power PlantMail Stop A-PY-A290P.O. Box 97, 10 Center RoadPerry, OH 44081-0097Manager, Site Regulatory ComplianceFirstEnergy Nuclear Operating CompanyPerry Nuclear Power PlantMail Stop A-PY-A200P.O. Box 97, 10 Center RoadPerry, OH 44081-0097 renewal. Such sale and leaseback transactions are subject to therepresentations and conditions set forth in the above mentioned application ofJanuary 23, 1987, as supplemented on March 3, 1987, as well as the letter of theDirector of the Office of Nuclear Reactor Regulation dated March 16, 1987,consenting to such transactions. Specifically, a lessor and anyone else who mayacquire an interest under these transactions are prohibited from exercisingdirectly or indirectly any control over the licenses of PNPP Unit 1. For purposesof this condition the limitations of 10 CFR 50.81, as now in effect and as may besubsequently amended, are fully applicable to the lessor and any successor ininterest to that lessor as long as the license for PNPP Unit 1 remains in effect;these financial transactions shall have no effect on the license for the PerryNuclear facility throughout 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 partof these transactions; (ii) the PNPP Operating Agreement; (iii) the existingproperty insurance coverage for PNPP Unit 1; and (iv) any action by a lessor orothers that may 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 theconditions specified herein.(2)Technical SpecificationsThe Technical Specifications contained in Appendix A and the EnvironmentalProtection Plan contained in Appendix B, as revised through AmendmentNo.139, are hereby incorporated into the license. FENOC shall operate the lfacility in accordance with the Technical Specifications and the Environmental Protection Plan.(3)Antitrust Conditionsa. FirstEnergy Nuclear Generation Corp. and Ohio Edison CompanyAmendment No. 139