ML053530260

Amendment, to Eliminate MOR and Orer

ML053530260
Person / Time
Site:	Saint Lucie
Issue date:	01/13/2006
From:	Moroney B Plant Licensing Branch III-2
To:	Stall J Florida Power & Light Co
Moroney B, NRR/DLPM, 415-3974
Shared Package
ML053550096	List: ML053530260 ML060200054 ML060200056
References
TAC MC8317, TAC MC8318
Download: ML053530260 (14)

Text

January 13, 2006Mr. J. A. StallSenior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

ST. LUCIE UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS TO ELIMINATEREQUIREMENTS TO PROVIDE MONTHLY OPERATING REPORTS AND ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORTS (TAC NOS. MC8317 AND MC8318)

Dear Mr. Stall:

The Commission has issued the enclosed Amendment Nos. 198 and 141 to Renewed FacilityOperating License Nos. DPR-67 and NPF-16 for the St. Lucie Plant, Units 1 and 2, respectively.

These amendments consist of changes to the Technical Specifications (TSs) in response to your application dated September 1, 2005.The amendments delete TS 6.9.1.5.a related to Occupational Radiation Exposure Reports andTS 6.9.1.5, "Monthly Operating Reports," as described in the Notice of Availability published in the Federal Register on June 23, 2004 (69 FR 35067).A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in theCommission's biweekly Federal Register notice. Sincerely,/RA/Brendan T. Moroney, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-335 and 50-389

Enclosures:

1. Amendment No. 198 to DPR-67

2. Amendment No. 141 to NPF-16

3. Safety Evaluationcc w/enclosures: See next page January 13, 2006 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

ST. LUCIE UNITS 1 AND 2 - ISSUANCE OF AMENDMENTS TO ELIMINATEREQUIREMENTS TO PROVIDE MONTHLY OPERATING REPORTS AND ANNUAL OCCUPATIONAL RADIATION EXPOSURE REPORTS (TAC NOS. MC8317 AND MC8318)

Dear Mr. Stall:

The Commission has issued the enclosed Amendment Nos. 198 and 141 to Renewed FacilityOperating License Nos. DPR-67 and NPF-16 for the St. Lucie Plant, Units 1 and 2, respectively.

These amendments consist of changes to the Technical Specifications (TSs) in response to your application dated September 1, 2005.The amendments delete TS 6.9.1.5.a related to Occupational Radiation Exposure Reports andTS 6.9.1.5, "Monthly Operating Reports," as described in the Notice of Availability published in the Federal Register on June 23, 2004 (69 FR 35067).A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in theCommission's biweekly Federal Register notice. Sincerely,/RA/Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-335 and 50-389

Enclosures:

1. Amendment No. 198 to DPR-67

2. Amendment No. 141 to NPF-16

3. Safety Evaluationcc w/enclosures: See next page Distribution:PUBLICLPL II-2 R/FRidsNrrPMBMoroneyRidsNrrDorlLpldBClayton (Hard Copy)RidsOgcRpRidsAcrsAcnwMailCenter RidsRgn2MailCenter(JMunday)GHill (4 copies)BSingal(e-mail BKS1)WReckleyRidsNrrDirsltsb Package No.: ML053550096TS 1: ML060200054 ADAMS ACCESSION NO.: ML053530260TS 2: ML060200056NRR-058OFFICECLIIP LPMLPL2-2/PMLPL2-2/LALPL2-2/BCNAMEWReckleyB MoroneyBClaytonMMarshallDATE9/21/051/04/061/03/061/13/06OFFICIAL RECORD COPY FLORIDA POWER & LIGHT COMPANYDOCKET NO.50-335ST. LUCIE PLANT UNIT NO. 1AMENDMENT TO RENEWED FACILITY OPERATING LICENSEAmendment No.198 Renewed License No. DPR-671.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by Florida Power & Light Company (thelicensee), dated September 1, 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, Renewed Facility Operating License No. DPR-67 is amended by changesto the Technical Specifications as indicated in the attachment to this license amendment, and by amending paragraph3.B to read as follows:B.Technical SpecificationsThe Technical Specifications contained in Appendices A and B, as revisedthrough Amendment No. 198, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the TechnicalSpecifications. 3.This license amendment is effective as of its date of issuance and shall be implementedwithin 60 days of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Michael L. Marshall, Jr., ChiefPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical SpecificationsDate of Issuance: January 13, 2006 ATTACHMENT TO LICENSE AMENDMENT NO. 198 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-67DOCKET NO. 50-335Replace the following pages of the Appendix A Technical Specifications with the attachedpages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change. Remove PagesInsert Pages 6-16 6-16 6-16a 6-16a FLORIDA POWER & LIGHT COMPANYORLANDO UTILITIES COMMISSION OFTHE CITY OF ORLANDO, FLORIDAANDFLORIDA MUNICIPAL POWER AGENCYDOCKET NO.50-389ST. LUCIE PLANT UNIT NO. 2AMENDMENT TO RENEWED FACILITY OPERATING LICENSEAmendment No. 141 Renewed License No. NPF-161.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by Florida Power & Light Company, et al. (thelicensee), dated September 1, 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, Renewed Facility Operating License No. NPF-16 is amended by changes tothe Technical Specifications as indicated in the attachment to this license amendment, and by amending paragraph 3.B to read as follows:

B.Technical SpecificationsThe Technical Specifications contained in Appendices A and B, as revised through Amendment No. 141, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications. 3.This license amendment is effective as of its date of issuance and shall be implementedwithin 60 days of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Michael L. Marshall, Jr., ChiefPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical SpecificationsDate of Issuance: January 13, 2006 ATTACHMENT TO LICENSE AMENDMENT NO. 141TO RENEWED FACILITY OPERATING LICENSE NO. NPF-16DOCKET NO. 50-389Replace the following pages of the Appendix A Technical Specifications with the attachedpages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change. Remove PagesInsert Pages 6-16 6-16 6-17 6-17 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NOS. 198 AND 141TO RENEWED FACILITY OPERATING LICENSES NOS. DPR-67 AND NPF-16FLORIDA POWER AND LIGHT COMPANY, ET AL.ST. LUCIE PLANT, UNITS NOS. 1 AND 2DOCKET NOS. 50-335 AND 50-38

91.0 INTRODUCTION

By letter dated September 1, 2005 (Agencywide Documents Access and Management System(ADAMS) Accession No. ML052490369), Florida Power and Light Company, et al., (the licensee) requested amendments to Renewed Operating Licenses DPR-67 and NPF-16 for St. Lucie Units 1 and 2. The proposed amendment would revise Technical Specifications (TSs) by deleting TS 6.9.1.5 related to Occupational Radiation Exposure Reports and TS 6.9.1.6,"Monthly Operating Reports," as described in the Notice of Availability published in the FederalRegister on June 23, 2004 (69 FR 35067).

2.0REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended (the Act), requires applicants fornuclear power plant operating licenses to state TSs to be included as part of the license. The Commission's regulatory requirements related to the content of TSs are set forth in Section 50.36, "Technical specifications" of Title 10 of the Code of Federal Regulations(10 CFR). The regulation requires that TSs include items in five specific categories, including (1) safety limits, limiting safety system settings, and limiting control settings; (2) limitingconditions for operation (LCOs); (3) surveillance requirements; (4) design features; and(5) administrative controls. However, the regulation does not specify the particular requirementsto be included in a plant's TSs.The Commission has provided guidance for the content of TSs in its "Final Policy Statement onTechnical Specification Improvements for Nuclear Power Reactors" (58 FR 39132, published July 22, 1993), in which the Commission indicated that compliance with the Final Policy Statement satisfies Section 182a. of the Act. The Final Policy Statement identified four criteriato be used in determining whether a particular item should be addressed in the TSs as an LCO.

The criteria were subsequently incorporated into 10 CFR 50.36 (60 FR 36593, published July 19, 1995). While the criteria specifically apply to LCOs, the Commission indicated that the intent ofthese criteria may be used to identify the optimum set of administrative controls in TSs.

Addressing administrative controls, 10 CFR 50.36 states that they are "the provisions relating toorganization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner." The specific content of theadministrative controls section of the TSs is, therefore, related to those programs and reports

- 2 -necessary to assure operation of the facility in a safe manner." The specific content of theadministrative controls section of the TSs is, therefore, related to those programs and reportsthat the Commission deems essential for the safe operation of the facility, which are notadequately covered by regulations or other regulatory requirements. Accordingly, the NRC staffmay determine that specific requirements, such as those associated with this change, may beremoved from the administrative controls in the TSs if they are not explicitly required by 10 CFR 50.36(c)(5) and are not otherwise necessary to obviate the possibility of an abnormal situation orevent giving rise to an immediate threat to the public health and safety.The impetus for the monthly operating report (MOR) came from the 1973-1974 oil embargo. Regulatory Guide 1.16, Revision 4, "Reporting of Operating Information - Appendix A TechnicalSpecifications," published for comment in August 1975, identifies operating statistics and shutdown experience information that was desired in the operating report at that time. In themid-1990s, the NRC staff assessed the information that is submitted in the MOR anddetermined that while some of the information was no longer used by the NRC staff, the MORwas the only source of some data used in the NRC Performance Indicator (PI) Program of that time period (see NRC Generic Letter (GL) 97-02, "Revised Contents of the Monthly OperatingReport"). Beginning in the late 1990s, the NRC developed and implemented a major revision toits assessment, inspection, and enforcement processes through its Reactor Oversight Process (ROP). The ROP uses both plant-level PIs and inspections performed by NRC personnel. Inconjunction with the development of the ROP, the NRC developed the Industry Trends Program(ITP). The ITP provides the NRC a means to assess overall industry performance using industrylevel indicators and to report on industry trends to various stakeholders (e.g., Congress).

Information from the ITP is used to assess the NRC's performance related to its goal of having"no statistically significant adverse industry trends in safety performance." The ITP uses some of the same PIs as the PI Program from the mid-1990s and, therefore, the NRC has a continuinguse for the data provided in MORs. The NRC also uses some data from the MORs to supportthe evaluation of operating experience, licensee event reports, and other assessmentsperformed by the NRC staff and its contractors.The reporting requirements for the MOR include challenges to the pressurizer power operatedrelief valves (PORVs) or pressurizer safety valves. The reporting of challenges to pressurizer PORVs or safety valves was included in TSs based on the guidance in NUREG-0694, "[ThreeMile Island] TMI-Related Requirements for New Operating Licensees." The industry proposed

and the NRC accepted the elimination of the reporting requirements in TSs for challenges topressurizer PORVs or safety valves in Revision 4 to TSs Task Force No. 258 (TSTF-258),

"Changes to Section 5.0, Administrative Controls." The NRC staff's acceptance of TSTF-258and subsequent approval of plant-specific adoptions of TSTF-258 is based on the fact that theinformation on challenges to relief and safety valves is not used in the evaluation of the MOR data, and that the information needed by the NRC is adequately addressed by the reportingrequirements in 10 CFR 50.73, "Licensee event report system." Licensees are required by TSs to submit annual occupational radiation exposure reports(ORERs) to the NRC. The reports, developed in the mid-1970s, supplement the reportingrequirements currently defined in 10 CFR 20.2206, "Reports of individual monitoring," by providing a tabulation of data by work areas and job functions. The NRC included data from theORERs in its annual publication of NUREG-0713, "Occupational Radiation Exposure atCommercial Nuclear Power Reactors and Other Facilities," through the year 1997, but no longerincludes the data in that or other reports.

- 3 -

3.0TECHNICAL EVALUATION

3.1Monthly Operating ReportsAs previously mentioned, the administrative requirements in TSs are reserved for "the provisionsrelating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner." The current use of theinformation from the MORs is not related to reporting on or confirming the safe operation of specific nuclear power plants. Instead, the data is used by the NRC to assess and communicatewith stakeholders regarding the overall performance of the nuclear industry. Data related to PIs for specific plants are reported to the NRC as part of the ROP. The NRC staff hasdetermined that the MORs do not meet the criteria defined for requirements to be included in theadministrative section of TSs and the reporting requirement may, therefore, be removed. Although the MORs do not satisfy the criteria for inclusion in TSs, the NRC staff neverthelesshas a continuing need to receive the data in order to compile its reports on industry trends and to support other evaluations of operating experience. In addition, information such as plant capacity factors that are reported in the MORs are useful to the NRC staff and are frequentlyasked for by agency stakeholders. The NRC staff interacted with licensees, industry organizations, and other stakeholders duringthe development of the Consolidated Data Entry (CDE) program (currently being developed and maintained by the Institute of Nuclear Power Operation), regarding the use of an industry database like CDE to provide data currently obtained from MORs. These discussions also involved the related Revision 1 to TSTF-369, "Removal of Monthly Operating Report and Occupational Radiation Exposure Report." As described in Section 4.0 of this safety evaluation, the licensee is making a regulatory commitment to continue to provide the data identified inGL 97-02, following the removal of the TS requirement to submit MORs, and will, therefore,continue to meet the needs of the NRC staff for the ITP and other evaluations. The use of anindustry database such as CDE is more efficient and cost-effective for both the NRC andlicensees than would be having the NRC staff obtain the needed information from other meanscurrently available. Should a licensee fail to satisfy the regulatory commitment to voluntarily provide the information, the NRC could obtain the information through its inspection program(similar to the process described in NRC Inspection Procedure 71150, "Discrepant orUnreported Performance Indicator Data") with the licensee being charged for the time spent by the NRC staff.The only significant changes resulting from the adoption of TSTF-369 are that the informationwill be provided quarterly instead of monthly (although the operating data will still be divi ded bymonth) and the form of the reporting will be from a consolidated database such as CDE insteadof in correspondence from individual licensees. The change of reporting frequency to quarterly has some advantages for both the NRC staff and licensees, since it will coincide with thecollection and submission of the ROP PI data. In terms of the specific method used to transmit the data to the NRC, the licensee has committed (see Section 4.0) to provide data identified inGL 97-02 on a quarterly basis. The NRC staff believes that the most efficient process forlicensees and the NRC will be for all licensees to use a system such as CDE. Such systems

- 4 -have advantages in terms of improved data entry, data checking, and data verification andvalidation. The NRC will recognize efficiency gains by having the data from all plants reportedusing the same computer software and format. Although the data may be transmitted to the NRC from an industry organization maintaining a database such as CDE, the licensee providesthe data for the system and remains responsible for the accuracy of the data submitted to theNRC for its plant. The public will continue to have access to the data through official agencyrecords accessible through ADAMS. Therefore, the NRC staff finds it acceptable that TS 5.6.4is being deleted and the MOR will no longer be submitted by the licensee.The requirements for the MOR currently include information on challenges to pressurizer PORVsor safety valves. As discussed in the previous section, the staff has documented in its approval of TSTF-258 and related plant-specific amendments that the reporting of challenges to pressurizer PORVs or safety valves may be removed from TSs since the information needed by the NRC is adequately addressed by the reporting requirements in 10 CFR 50.73, "Licenseeevent report system." The NRC staff finds it acceptable to remove the requirement to reportchallenges to pressurizer PORVs or safety valves along with the other reporting requirements associated with the MOR.3.2Occupational Radiation Exposure Reports The information that the NRC staff needs regarding occupational doses is provided by licenseesin the reports required under 10 CFR Part 20. The data from the Part 20 reports are sufficient to support the NRC trending programs, radiation related studies, and preparation of reports suchas NUREG-0713. Accordingly, the NRC's limited use of the ORER submitted purs uant to theexisting TSs requirements no longer warrants the regulatory burden imposed on licensees.

Therefore, the NRC staff finds it acceptable that TS 5.6.1 is being deleted and the ORER will nolonger be submitted by the licensee.4.0VERIFICATIONS AND COMMITMENTSIn order to efficiently process incoming license amendment applications, the NRC staffrequested each licensee requesting the changes addressed by TSTF-369 using the consolidated line item process to address the following plant-specific regulatory commitment. Each licensee should make a regulatory commitment to provide to the NRC using anindustry database the operating data (for each calender month) that is described inGeneric Letter 97-02, "Revised Contents of the Monthly Operating Report," by the lastday of the month following the end of each calendar quarter. The regulatory commitment will be based on use of an industry database (e.g., the industry's Consolidated DataEntry (CDE) program, currently being developed and maintained by the Institute of Nuclear Power Operations).The licensee, in its September 1, 2005, application has made a regulatory commitment toprovide the requested data as described in GL 97-02 via an industry database (e.g., the CDE) by

- 5 -1 In subsequent discussions between the NRC staff and the Institute of Nuclear Power Operation, the staff has agreedthat the report may be provided within approximately 45 days instead of the 30 days described in the CLIIP model application. Licensees may revise their plant-specific regulatory commitments accordingly.the last day of the month following the end of each calendar quarter. The regulatorycommitment will be included in the licensee's Technical Requirements Manual.

1The NRC staff finds that reasonable controls for the implementation and for subsequentevaluation of proposed changes pertaining to the above regulatory commitment can be provided by the licensee's administrative processes, including its commitment management program.

The NRC staff has agreed that Nuclear Energy Institute 99-04, Revision 0, "Guidelines forManaging NRC Commitment Changes," provides reasonable guidance for the control ofregulatory commitments made to the NRC staff (see Regulatory Issue Summary 2000-17,"Managing Regulatory Commitments Made by Power Reactor Licensees to the NRC Staff,"dated September 21, 2000). The NRC staff notes that this amendment establishes a voluntaryreporting system for the operating date that is similar to the system established for the ROP PIprogram. Should the licensee choose to incorporate a regulatory commitment into the final safety analysis report or other document with established regulatory controls, the associatedregulations would define the appropriate change-control and reporting requirements.

5.0 STATE CONSULTATION

Based upon a letter dated May 2, 2003, from Michael N. Stephens of the Florida Department ofHealth, Bureau of Radiation Control, to Brenda L. Mozafari, Senior Project Manager, U.S. Nuclear Regulatory Commission, the State of Florida does not desire notification ofissuance of license amendments.

6.0 ENVIRONMENTAL CONSIDERATION

The amendments relate to changes in recordkeeping, reporting, or administrative procedures orrequirements. Accordingly, the amendments meet 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 amendments.

5.0 CONCLUSION

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: January 13, 2006 Mr. J. A. StallST. LUCIE PLANTFlorida Power and Light Company cc:Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission P.O. Box 6090 Jensen Beach, Florida 34957 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982

Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741Mr. William Jefferson, Jr. Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957-2000

Mr. G. L. JohnstonPlant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957Mr. Terry PattersonLicensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957Mark Warner, Vice PresidentNuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. Rajiv S. KundalkarVice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. J. KammelRadiological Emergency Planning Administrator Department of Public Safety 6000 Southeast Tower Drive Stuart, Florida 34997