ML071840210

Notice of Consideration of Issuance of Amendment to Facility Operating, Proposed No Significant Hazards Consideration and Opportunity for a Hearing

ML071840210
Person / Time
Site:	Palisades
Issue date:	07/03/2007
From:	Mahesh Chawla NRC/NRR/ADRO/DORL/LPLIII-1
To:	Balduzzi M Entergy Nuclear Operations
Chawla M, NRR/DORL, 415-8371
References
TAC MD5893
Download: ML071840210 (11)

Text

July 3, 2007Mr. Michael Balduzzi Sr. Vice President, Regional Operations NE Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

PALISADES NUCLEAR PLANT - NOTICE OF CONSIDERATION OFISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION AND OPPORTUNITY FOR A HEARING (TAC NO. MD5893)

Dear Mr. Balduzzi:

Enclosed is a copy of a "Notice of Issuance of Amendment to Facility Operating License"related to the application for amendment dated June 29, 2007, requesting a revision to Technical Specification 3.5.5, "Trisodium Phosphate." Specifically, the proposed amendment would replace the containment sump buffering agent, trisodium phosphate, with sodium tetraborate decahydrate (STB). The proposed amendment would also revise Limiting Condition for Operation 3.5.5, with a new weight requirement for STB.The notice has been forwarded to the Office of the Federal Register for publication.Sincerely, /RA/Mahesh L. Chawla, Project ManagerPlant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-255

Enclosure:

Noticecc w/encl: See next page

ML071840210OFFICENRR/LPL3-1NRR/LPL3-1/PMNRR/LPL3-1/LANRR/LPL3-1/BC(A)NAMEJPooleMChawlaTHarrisPMilano DATE07/3/0707/3/0707/3/07 07/3/07 Palisades Plant cc:

Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351SupervisorCovert Township P. O. Box 35 Covert, MI 49043Office of the GovernorP. O. Box 30013 Lansing, MI 48909U.S. Nuclear Regulatory CommissionResident Inspector's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, MI 49043Michigan Department of Environmental QualityWaste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741Michigan Department of Attorney GeneralSpecial Litigation Division 525 West Ottawa St.

Sixth Floor, G. Mennen Williams Building Lansing, MI 48913Mr. Michael R. KanslerPresident & CEO/CNO Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213Mr. John T. HerronSr. Vice President Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213Sr. Vice President,Engineering and Technical Services Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213Mr. Christopher J. SchwarzSite Vice President Entergy Nuclear Operations Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043General Manager, Plant OperationsEntergy Nuclear Operations Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043Mr. Oscar LimpiasVice President, Engineering Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213Mr. John F. McCannDirector, Nuclear Safety & Licensing Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601Ms. Charlene D. FaisonManager, Licensing Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601June 22, 2007 Mr. Ernest J. HarknessDirector, Oversight Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213Mr. William C. DennisAssistant General Counsel Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601Mr. Joseph P. DeRoyVP, Operations Support Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213Ms. Laurie A. LahtiManager, Licensing Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043Mr. John A. VentosaGM, Engineering Entergy Nuclear Operations 440 Hamilton Aveune White Plains, NY 10601Director, NSAPalisades Nuclear Plant 27780 Blue star Memorial Highway Covert, MI 49043Mr. William DiProfio48 Bear Hill Road Newton, NH 03858Mr. William T. Russell400 Plantation lane Stevensville, MD 21666Mr. Gary Randolph1750 Ben Franklin Drive, 7E Sarasota, FL 34246June 22, 2007 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONENTERGY NUCLEAR OPERATIONS, INC.DOCKET NO. 50-255NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TORENEWED FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDSCONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARINGThe U.S. Nuclear Regulatory Commission (the Commission) is considering issuance ofan amendment to Renewed Facility Operating License No. DPR-20 issued to Entergy Nuclear Operations, Inc. (the licensee) for operation of the Palisades Nuclear Plant (PNP) located in Van Buren County, Michigan.The proposed amendment would revise Technical Specification (TS) 3.5.5, "TrisodiumPhosphate," and the associated surveillance requirements by replacing the containment sump buffering agent, trisodium phosphate (TSP), with sodium tetraborate decahydrate (STB). In particular, the proposed amendment would revise the TS Limiting Condition for Operation (LCO) 3.5.5, with a new weight requirement for STB.Before issuance of the proposed license amendment, the Commission will have madefindings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment requestinvolves no significant hazards consideration. Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), thelicensee has provided its analysis of the issue of no significant hazards consideration, which ispresented below:1.Does the proposed amendment involve a significant increase in the probability orconsequences of an accident previously evaluated?Response: No.

The proposed amendment does not involve a significant increase in theprobability of an accident previously evaluated because the containment buffering agent is not an initiator of any analyzed accident. The proposed change does not impact any failure modes that could lead to an accident. The proposed amendment does not involve a significant increase in theconsequences of an accident previously evaluated. The buffering agent in containment is designed to buffer the acids expected to be produced after a loss of coolant accident (LOCA) and is credited in the radiological analysis for iodineretention. The proposed change of replacing TSP with STB in containment results in the radiological consequences remaining under 10 CFR 100 limits and General Design Criterion (GDC) -19 limits. Therefore, operation of the facility in accordance with the proposed amendmentwould not involve a significant increase in the probability or consequences of an accident previously evaluated.2.Does the proposed amendment create the possibility of a new or different kind ofaccident from any accident previously evaluated?Response: No.

The proposed amendment does not create the possibility of a new or differentkind of accident from any accident previously evaluated. STB is a passive component that is proposed to be used at PNP as a buffering agent to increase the pH of the initially acidic post-LOCA containment water to a more neutral pH.Changing the proposed buffering agent from TSP to STB does not constitute anaccident initiator or create a new or different kind of accident previously analyzed. The proposed amendment does not involve operation of any required systems, structures or components (SSCs) in a manner or configuration different from those previously recognized or evaluated. No new failure mechanisms will be introduced by the changes being requested. Therefore, the proposed amendment does not create the possibility of a new ordifferent kind of accident from any accident previously evaluated.3.Does the proposed amendment involve a significant reduction in a margin ofsafety? Response: No.The proposed amendment does not involve a significant reduction in a margin ofsafety. The proposed amendment of changing the buffering agent from TSP to STB results in equivalent control of maintaining sump pH at 7.0 or greater, thereby controlling containment atmosphere iodine and ensuring the radiological consequences of a MHA [Maximum Hypothetical Accident] are within regulatory limits. The use of STB also reduces the present potential for exacerbating sump screen blockage due to a potential chemical interaction between TSP and certain calcium sources used in containment to form calcium phosphate. This proposed amendment removes this phosphate source from containment, thereby reducing the amount of precipitate that may be formed in a postulated LOCA. The buffer change would minimize the potential chemical effects and should enhance the ability of the emergency core cooling system to perform the post-accident mitigating functions.Therefore, the proposed amendment does not involve a significant reduction inthe margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, itappears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.The Commission is seeking public comments on this proposed determination. Anycomments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 daysafter the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. TheCommission expects that the need to take this action will occur very infrequently.Written comments may be submitted by mail to the Chief, Rulemaking, Directives andEditing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be delivered toRoom 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m.

to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below.

Within 60 days after the date of publication of this notice, the licensee may file arequest for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS)

Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition forleave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the ChiefAdministrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.As required by 10 CFR 2.309, a petition for leave to intervene shall set forth withparticularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;

3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.Each contention must consist of a specific statement of the issue of law or fact to beraised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to anylimitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing.If a hearing is requested, the Commission will make a final determination on the issue ofno significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.Non-timely requests and/or petitions and contentions will not be entertained absent adetermination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).A request for a hearing or a petition for leave to intervene must be filed by: 1) first classmail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; 2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention:

Rulemaking and Adjudications Staff; 3) E-mail addressed to the Office of the Secretary, U.S.

Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or 4) facsimile transmissionaddressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission,Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of therequest for hearing and petition for leave to intervene should also be sent to Mr. William Dennis, Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Ave.,White Plains, NY 10601, the attorney for the licensee.For further details with respect to this action, see the application for amendment datedJune 29, 2007, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not haveaccess to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.Dated at Rockville, Maryland, this 3rd day of July 2007. FOR THE NUCLEAR REGULATORY COMMISSION/RA/Peter S. Tam, Senior Project ManagerPlant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation