ML060330578

License Amendment, Deletion of Reporting Requirement in Facility Operating License

ML060330578
Person / Time
Site:	Oyster Creek
Issue date:	02/22/2006
From:	Geoffrey Miller Plant Licensing Branch III-2
To:	Crane C AmerGen Energy Co
Miller G, NRR/DLPM, 415-2481
References
TAC MC6255
Download: ML060330578 (9)

Text

February 22, 2006Mr. Christopher M. CranePresident and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: DELETION OF REPORTING REQUIREMENT IN FACILITY OPERATING LICENSE (TAC NO. MC6255)

Dear Mr. Crane:

The Commission has issued the enclosed Amendment No. 258 to Facility Operating LicenseNo. DPR-16 for the Oyster Creek Nuclear Generating Station, in response to your applicationdated February 25, 2005.The amendment deletes the reporting requirement in the Facility Operating License related toreporting violations of Section 2.C of the operating license.A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register notice. Sincerely,/RA/G. Edward Miller, Project M anagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-219

Enclosures:

1. Amendment No. 258 to DPR-16

2. Safety Evaluationcc w/encls: See next page February 22, 2006Mr. Christopher M. CranePresident and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: DELETION OF REPORTING REQUIREMENT IN FACILITY OPERATING LICENSE (TAC NO. MC6255)

Dear Mr. Crane:

The Commission has issued the enclosed Amendment No. 258 to Facility Operating LicenseNo. DPR-16 for the Oyster Creek Nuclear Generating Station, in response to your applicationdated February 25, 2005.The amendment deletes the reporting requirement in the Facility Operating License related toreporting violations of Section 2.C of the operating license.A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register notice. Sincerely,/RA/G. Edward Miller, Project M anagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-219

Enclosures:

1. Amendment No. 258 to DPR-16

2. Safety Evaluationcc w/encls: See next page DISTRIBUTION

PUBLICRidsOgcRpRidsNrrDorl LPLI-2 R/FGHill (2)RidsNrrDorlLplb WBecknerRidsNrrPMGMillerRidsNrrLACRaynor RidsAcrsAcnwMailCenterRidsRgn1MailCenter Accession Number: ML060330578OFFICECLIIP LPMNRR/LPLI-2/PMNRR/LPLI-2/LANRR/LPLI-2/BCNAMEWReckleyGEMillerCRaynorDRobertsDATE1/24/062/06/062/17/062/21/06Official Record Copy AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-219OYSTER CREEK NUCLEAR GENERATING STATIONAMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 258License No. DPR-161.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by AmerGen Energy Company, LLC, et al., (thelicensee), dated February 25, 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 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; and E.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 Facility Operating License is amended by deletion of paragraph 2.E asindicated in the attachment to this license amendment.3.This license amendment is effective as of the date of its issuance and shall beimplemented within 60 days of the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Darrell J. Roberts, ChiefPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating LicenseDate of Issuance: February 22, 2006 ATTACHMENT TO LICENSE AMENDMENT NO. 258FACILITY OPERATING LICENSE NO. DPR-16DOCKET NO. 50-219Replace the following page of the Facility Operating License with the attached page. Therevised page is identified by amendment number and contains marginal lines indicating the areas of change. RemoveInsert 5 5 1The condition (2.E) in the Facility Operating License for Oyster Creek is similar to thestandard language.SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NO. 258TO FACILITY OPERATING LICENSE NO. DPR-16AMERGEN ENERGY COMPANY, LCCOYSTER CREEK NUCLEAR GENERATING STATIONDOCKET NO. 50-21

91.0INTRODUCTION

By application dated February 25, 2005, AmerGen Energy Company, LLC, (AmerGen or thelicensee) requested changes to the Facility Operating License for the Oyster Creek NuclearGenerating Station (Oyster Creek) (Agencywide Documents Access and Management System(ADAMS) Accession No. ML050600047). The proposed amendment would delete Section 2.E of the Facility Operating License that requires reporting violations of the requirements inSection 2.C of the Facility Operating License. A notice announcing the availability of thisproposed change using the consolidated line item improvement process (CLIIP) was published in the Federal Register on November 4, 2005 (70 FR 67202). The licensee's application wasused during the development of the CLIIP notice and is being evaluated using that processeven though the application predates the notice of availability.

2.0REGULATORY EVALUATION

A section or condition was included in the facility operating licenses issued to some nuclearpower plants requiring the licensee to make reports to the Nuclear Regulatory Commission (NRC or the Commission) regarding violations of other sections of the operating license(typically Section 2.C). A typical license condition reads as follows:

1Except as otherwise provided in this license and its appendices, the Licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System withwritten followup within thirty days in accordance with the procedures described in

[Title 10 of the Code of Federal Regulations] 10 CFR 50.73 (licensee eventreport system). In addition to the information provided to support licensing decisions, the NRC obtainsinformation about plant operation, licensee programs, and other matters using a combination of inspections and reporting requirements. Routine or scheduled reports that are required to be submitted to the NRC are defined in the related regulations, specific license condition, technicalspecification, or an NRC-approved program document. The reporting of emergencies,unplanned events or conditions, and other special cases may also be addressed within such documents by the inclusion of reporting thresholds, and are also the focus of the reporting requirements in 10 CFR 50.72, ?Immediate notification requirements for operating nuclearpower reactors," and 10 CFR 50.73, ?Licensee event report system." Changes to the reportingregulations in 10 CFR Sections 50.72 and 50.73 became effective in January 2001 (see Federal Register notice on October 25, 2000 (65 FR 63769)) and included extending theallowable reporting times for licensee event reports (LERs) from 30 days to 60 days.

3.0TECHNICAL EVALUATION

The specific section (2.E) in the Oyster Creek Facility Operating License requires the licenseeto report any violations of the requirements of Section 2.C of the Facility Operating License anddefines the method and allowable time periods for such reports. The reporting threshold (i.e., a violation) for some of the conditions included in Section 2.C of the Facility Operating Licensesduplicates those defined in 10 CFR 50.72 and 10 CFR 50.73. However, the requirements in theFacility Operating License may have different deadlines than those defined in the regulations(following a rule change in 2001). This difference in reporting requirements has led to variations in reporting since many Facility Operating Licenses do not contain the subjectcondition. For those licensees with a 30-day reporting requirement in the Facility OperatingLicense, the condition has decreased the benefits of the rulemaking. For those cases wherethe current Facility Operating License requirement to report violations is also reportable inaccordance with the regulations defined in 10 CFR 50.72 and 10 CFR 50.73, the NRC stafffinds that the regulations adequately address this issue and the elimination of the duplicativerequirement in the Oyster Creek Facility Operating License is acceptable.Some of the conditions addressed in Section 2.C of the Facility Operating License may addressthe maintenance of particular programs, administrative requirements, or other matters where a violation of the requirement would not result in a report to the NRC in accordance with10 CFR 50.72 or 10 CFR 50.73. In most cases, there are requirements for reports to the NRC related to these conditions in other regulations, the specific license condition or technical specification, or an NRC-approved program document. In other cases, there are reports toother agencies or news releases that would prompt a report to the NRC (in accordance with10 CFR 50.72(b)(2)(xi)). The NRC staff also assessed violations of administrative requirementsthat could be reportable under the current License Condition but that may not have a duplicativerequirement in a regulation or other regulatory requirement. The NRC staff finds that therequirements to report such problems within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written reports to follow using the LER process is not needed. The NRC staff is confident that the information related to suchviolations that is actually important to the NRC's regulatory functions would come to light in atime frame comparable to the 60-day LER requirements. The information would become available to the appropriate NRC staff through the inspection program, updates to programdocuments, resultant licensing actions, public announcements, or some other reliable mechanism. The NRC staff finds that the elimination of Section 2.E in the Oyster Creek Facility Operating License will not result in a loss of information to the NRC that would adversely affect either itsgoal to protect public health and safety, or its ability to carry out its various other regulatoryresponsibilities.

4.0STATE CONSULTATION

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

5.0ENVIRONMENTAL CONSIDERATION

The amendment changes recordkeeping, reporting, or administrative procedures orrequirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusionset forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the 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 byoperation in the proposed manner, (2) such activities will be conducted in compliance with theCommission's regulations, and (3) the issuance of the amendments will not be inimical to thecommon defense and security or to the health and safety of the public. Principal Contributor: W. Reckley Date: February 22, 2006 Oyster Creek Nuclear Generating StationSite Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC

P.O. Box 388 Forked River, NJ 08731Senior Vice President of Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348Kathryn M. Sutton, EsquireMorgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004Kent Tosch, ChiefNew Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555Regional Administrator, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415Mayor of Lacey Township818 West Lacey Road Forked River, NJ 08731Senior Resident InspectorU.S. Nuclear Regulatory Commission

P.O. Box 445 Forked River, NJ 08731Director - Licensing and Regulatory AffairsAmerGen Energy Company, LLC Correspondence Control

P.O. Box 160 Kennett Square, PA 19348Manager Licensing - Oyster CreekExelon Generation Company, LLC Correspondence Control

P.O. Box 160 Kennett Square, PA 19348Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC

P.O. Box 388 Forked River, NJ 08731Assistant General CounselAmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348Ron Bellamy, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415Correspondence Control DeskAmerGen Energy Company, LLC 200 Exelon Way, KSA 1--1 Kennett Square, PA 19348Oyster Creek Nuclear Generating StationPlant Manager AmerGen Energy Company, LLC

P.O. Box 388 Forked River, NJ 08731