ML083240825

Enclosure 2 - Handout - TSTF Presentation Discussions on Industry Concerns Regarding Technical Specification Branch Positions and TSTF-493, Rev. 3, Clarify Application of Setpoint Methodology for LSSS Functions.

ML083240825
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Site:	Technical Specifications Task Force
Issue date:	11/24/2008
From:	Division of Inspection and Regional Support
To:
Hamm, Matthew DIRS/ITSB 415-1472
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ML083240775	List: ML083240780 ML083240810 ML083240825 ML083240886 ML083240898
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Download: ML083240825 (36)

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ENCLOSURE 2 Technical Specifications Task Force Presentation Discussions on Industry Concerns Regarding Technical Specification Branch Positions and TSTF493, Rev. 3, "Clarify Application of Setpoint Methodology for LSSS Functions" Meeting Summary of November 4, 2008 Meeting with NRC/TSTF

TSTF A Joint Owners Group Activity NRC / Owners Group Meeting Discussions on Industry Concerns Regarding Technical Specification Branch Positions and TSTF493, Rev. 3, "Clarify Application of Setpoint Methodology for LSSS Functions" November 4, 2008 1

TSTF A Joint Owners Group Activity

Introductions

• The TSTF is a joint Owners Group activity supported by the licensing committees of the PWROG and BWROG.

- Its members are representatives of each of the four NSSS designs.

• TSTF mission includes:

- Serving as the focal point for industry interaction with the Nuclear Regulatory Commission on generic technical, regulatory, and compliance issues which are implemented as changes to the ISTS.

(continued) 2

TSTF A Joint Owners Group Activity

Introductions

• TSTF mission (continued)

- Providing expertise to Owners Groups, the Nuclear Energy Institute, and other organizations on format and content standards for the ISTS.

- Coordinating the efforts of the Owners' Groups ISTS organizations (BWROG TSICC and PWROG LSC).

- Maintaining close coordination with and act as a resource to NEI Task Forces and Working Groups and other industry organizations on policy issues concerning use of Technical Specifications.

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TSTF A Joint Owners Group Activity Purpose of Meeting

• Provide Industry perspective to NRC senior management on two issues that we have been unable to resolve working with the NRC Staff and their direct management:

- Concerns regarding the Technical Specifications Branch and the Effect on Plant Operation.

- Efforts to resolve TSTF-493, "Clarify Application of Setpoint Methodology for LSSS Functions."

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TSTF A Joint Owners Group Activity Concerns regarding the Technical Specifications Branch and the Effect on Plant Operation 5

TSTF A Joint Owners Group Activity Overview

• Importance of the Tech Spec Branch and Technical Specifications to NRC and Industry.

• Industry Disagreement with Tech Spec Branch positions.

• Tech Spec Branch Effectiveness.

• Industry Perspective.

• Recommendations.

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TSTF A Joint Owners Group Activity Technical Specification Branch

• The NRC and the Industry have cooperatively developed the ISTS since the late 1980's.

- The NRC and the industry have developed over 600 proposed changes to the ISTS, incorporated into four revisions to the Improved Standard Technical Specifications (ISTS).

- The TSTF and the Tech Spec Branch meet regularly (typically 3 times a year) and have a long history of cooperative improvement of the ISTS.

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TSTF A Joint Owners Group Activity Technical Specification Branch

• The Tech Spec Branch serves as the NRC's internal experts on Technical Specification issues and is consulted by the regions and technical branches on Technical Specification questions.

• As a result, the Tech Spec Branch has a broad influence on NRC activities.

- We are aware that TSTF Traveler management is being moved to Special Projects Branch, but that Tech Spec Branch will remain as the NRC's internal Technical Specification resource.

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TSTF A Joint Owners Group Activity Importance of Technical Specifications

• The Technical Specifications, more than any other regulatory activity, directly and frequently affect plant operation and are used on a daily basis to make operational decisions that affect safety.

• Seventy-six of 104 plants have Improved Standard Technical Specifications with common format, content and usage rules. Even the non-ISTS plants reference the ISTS as a representation of the NRC's position on Technical Specification issues.

• As a result, an NRC position taken at one plant on the ISTS usage rules has a rapid effect on the operation of other plants in the country.

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TSTF A Joint Owners Group Activity ISTS Format, Content, and Usage Rules

• The ISTS is a document based on formal rules and definitions, not unlike a mathematical system, that was carefully crafted and well documented by the NRC and the industry.

• Reactor Operators are thoroughly trained on these rules and definitions so that they can apply the TS correctly.

- Typically, experienced reactor operators familiar with pre-ISTS requirements are given 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of classroom training in addition to workbooks and exams on the ISTS format, content, and usage rules and the application at their plant.

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TSTF A Joint Owners Group Activity Tech Spec Branch Positions

• There have been an increasing number of instances in which the Tech Spec Branch has taken positions inconsistent with the ISTS format, content, and usage rules.

- These are not simple disagreements on intent, but contradictions with the literal wording of the ISTS and depart from the previously documented and agreed rules.

- This undermines decades-long efforts by the NRC and the industry to develop, promote, and consistently apply the standard Technical Specifications.

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TSTF A Joint Owners Group Activity Tech Spec Branch Positions

• Given the formal structure of the ISTS, these NRC positions undermine the entire structure of the Technical Specifications and the regulatory stability we have achieved.

- This challenges the confidence of reactor operators on how the Technical Specifications should be applied in the control room.

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TSTF A Joint Owners Group Activity Owners Group Letter

• In July 2008, the Owners Group chairmen sent a letter to Frederick Brown, Director of Division of Inspection and Regional Support, expressing our concern over this issue and providing examples of incorrect positions.

- We requested a meeting of Owners Group, NEI and NRC management to discuss our understanding of the underlying causes of these issues and to present proposed solutions by the end of August 2008.

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TSTF A Joint Owners Group Activity Tech Spec Branch Effectiveness

• In addition to the concerns with the Tech Spec Branch's incorrect positions, the effectiveness of the Tech Spec Branch in calendar 2008 has dropped precipitously.

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TSTF A Joint Owners Group Activity Traveler Activities Description 2006 2007 2008 (to date)

Travelers Approved 8 9 0 Notices of Availability 6 9 0 Published Notices for Comment 9 5 1 Published NRC Letters (RAIs, etc.) 28 26 10 TSTF Letters 35 31 19 15

TSTF A Joint Owners Group Activity Traveler Activities 16

TSTF A Joint Owners Group Activity Traveler Reviews

• TSTF-425, relocates the SR Frequencies to a licensee program.

- Approved for 3 plants.

- Scheduled to be completed in June 2008.

- Status of "Resolving OGC comments on the Notice for Comment" since this summer.

• Essentially every Traveler under NRC review is behind schedule.

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TSTF A Joint Owners Group Activity Management of ITS Conversions

• The Davis-Besse ITS conversion is far behind schedule and has been the most expensive NRC review of an ITS conversion.

- Recent review fees for other ITS conversions were around $400,000.

- Review fees are currently well over $1 million.

- There were no technical differences in the Davis-Besse ITS application to account for this huge increase.

- Much of the work that was traditionally done by the Tech Spec Branch was referred to the technical branches.

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TSTF A Joint Owners Group Activity Industry Perspective

• Where are we:

- Tech Spec Branch incorrect technical positions,

- Tech Spec Branch inability to meet scheduled dates for review of Travelers,

- Tech Spec Branch inability to perform normal Tech Spec Branch review scope of ITS conversions.

• We think there are several reasons:

- Loss of Expertise Within Tech Spec Branch.

- Loss of Institutional Knowledge.

- NRC ISTS Training Program.

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TSTF A Joint Owners Group Activity Loss of Expertise Within Tech Spec Branch

• The Tech Spec Branch was especially hard hit by the staffing of NRO.

- 75% of experienced Tech Spec Branch staff transferred to NRO.

- Many Tech Spec Branch staff are new NRC hires with little experience with use of ISTS.

• Several individuals with extensive ISTS experience either as an NRC inspector or working for a licensee have been in Tech Spec Branch but were quickly promoted to other organizations.

• Frequent turn-over in the Tech Spec Branch Chief position.

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TSTF A Joint Owners Group Activity Loss of Institutional Knowledge

• The Tech Spec Branch staff has lost the institutional knowledge of the history and basis of the decisions made by the NRC and the industry in developing the ISTS.

- Without the benefit of the training program, the new staff members have few opportunities to learn the complex issues involved in the Technical Specifications.

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TSTF A Joint Owners Group Activity NRC ISTS Training Program

• At least 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of licensed operator training is typical for plants converting to ISTS.

• It appears that the NRC training program on ISTS is not comparable to industry licensed operator training programs.

• This impacts the ability of the Tech Spec Branch staff to provide correct support to the rest of the NRC on ISTS issues.

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TSTF A Joint Owners Group Activity Recommendations

1. Provide an opportunity to present to senior NRC management in some forum the industry position on Tech Spec Branch decisions.

2. NRC management encourage the Tech Spec Branch to have a workshop with Industry on the ISTS format, content, and usage rules.

3. NRC management take steps to improve the experience and knowledge of the Tech Spec Branch.

4. NRC management examine the NRC Tech Spec training program.

5. NRC management to encourage "external stakeholder" input (TSTF) with developing TIA responses as allowed by COM-106.

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TSTF A Joint Owners Group Activity Efforts to Resolve TSTF493, Revision 3, "Clarify Application of Setpoint Methodology for LSSS Functions" 24

TSTF A Joint Owners Group Activity

Background

• From the beginning, the issue and the staff positions have continued to change and are still not established.

• Methodology Issue

- September, 2002: NRC Disagreement with the ISA 67.04, Part II, Method 3.

• Meetings held discussing the issue, including ISA members.

• January 2004: NRC states Method 3 as no longer an issue.

• Compliance Issue

- October, 2003: NRC states that the existing ITS requirements do not meet 10 CFR 50.36.

• Meetings and letters exchanged to discuss issue.

- January 2006: The NRC defines the issue with sufficient clarity for the TSTF to develop and submit TSTF-493, Revision 0.

(continued) 25

TSTF A Joint Owners Group Activity

Background

- August 2006: NRC's First Official Publication of their Position

• RIS 2006-17, "NRC Staff Position On The Requirements Of 10 CFR 50.36, 'Technical Specifications,' Regarding Limiting Safety System Settings During Periodic Testing And Calibration Of Instrument Channels."

• RIS stated it was "not an immediate safety issue."

- October 2006: TSTF-493, Rev. 1, submitted to Address NRC RAIs.

• Scope Issue

- April 2007: TSTF-493, Rev. 2, submitted to Address NRC RAIs.

- January 2008: TSTF-493, Rev. 3, submitted to Address NRC RAIs.

(continued) 26

TSTF A Joint Owners Group Activity

Background

- September 2008: A meeting is held between the NRC and the TSTF.

• The various NRC staff members could not agree on the scope of functions that should be addressed in TSTF-493.

• NRC stated they will provide a response to the January 2008 TSTF-493, Rev. 3, and RAI responses.

• During this period, the NRC has taken inconsistent positions on plant-specific licensing actions.

• Six years after this issue arose, the NRC has not provided a consistent position sufficient to resolve TSTF-493.

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TSTF A Joint Owners Group Activity Points of Agreement

• RIS 2006-17 states 10 CFR 50.36 identifies two types of LSSS: All LSSS and a subset that functions to protect a Safety Limit.

• The TSTF-493 Notes will ensure that the Safety Limit is protected using any of the ISA identified methods for calculating Allowable Values.

• Plants will leave instruments set within the as-left tolerance.

• An as-found value outside the expected range conservative to the allowable value does not render an instrument inoperable, but further evaluation is needed.

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TSTF A Joint Owners Group Activity Unresolved Issue

• Scope of the instrument functions to which the TSTF-493 footnotes will be applied.

- Industry: All SL-LSSS trip functions.

- Tech Spec Branch: All trip functions of RPS and ESFAS.

- NRC Technical Branches: Positions on plant-specific amendments indicate that the desired scope could be all TS setpoints.

- Overall NRC Position: Unknown.

• RIS 2006-17 identified that the scope of the Traveler was an outstanding issue to approval of TSTF-493.

- Two years later, the staff does not have a consistent and defendable position to which the industry can respond.

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TSTF A Joint Owners Group Activity Issue Significance

• Tremendous amount of money expended on an issue of little safety significance.

- .As an industry, spent over $2M.

• The Staff has repeatedly stated that this is not a significant safety issue.

• RIS 2006-17 states, "The NRC staff believes that for current plant operation, addressing these instrument setpoint issues is not an immediate safety issue since most plant procedures require reset of instruments."

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TSTF A Joint Owners Group Activity Consequences from Lack of Resolution

• Inconsistent Staff positions argued on an amendment by amendment basis with no consistent resolution.

- The NRC has recently approved license amendments consistent with the scope presented in TSTF-493, Rev. 3.

- In other amendments, the NRC has requested the TSTF-493 Notes on instruments that clearly are outside the scope described in the TSTF-493 and the RIS.

• Ultimate heat sink temperature measurement.

• Condensate storage tank level.

• Degraded voltage spurious trip avoidance.

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TSTF A Joint Owners Group Activity Implications of a Scope Larger than SLLSSS

• Not consistent with 10 CFR 50.36.

• Results in regulatory instability.

• Imposes unnecessary regulatory burden.

• Distracts Operations focus from important safety issues.

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TSTF A Joint Owners Group Activity Recommendations

1. Provide an opportunity to present to senior NRC management in some forum the industry position on TSTF493 scope.

- This should be someone that has not been involved in the issue that will meet with the staff and the industry and will recommend a path to resolution.

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TSTF A Joint Owners Group Activity Recommendations

2. If the staff decides to pursue a scope larger than SL-LSSS, NRC perform a backfit analysis per 50.109 to determine if the proposed changes are warranted.

- Determine whether the changes being requested reach the threshold of a "substantial increase in the overall protection of the public health and safety" and "that the direct and indirect costs of implementation for that facility are justified in view of this increased protection."

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TSTF A Joint Owners Group Activity Recommendations

3. Pending approval of TSTF-493, NRC cease applying the TSTF-493 Notes to plant-specific amendments.

- If this was a safety-significant issue, the issue should be imposed on all licensees and not just those pursuing amendments.

- 10 CFR 50.109, paragraph d, states, "No licensing action will be withheld during the pendency of backfit analyses required by the Commission's rules."

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