ML090890191

R. E. Ginna - License Amendment Request for Adoption of TSTF-511, Rev. 0, Eliminate Working Hour Restrictions for TS 5.2.2 to Support Compliance with 10 CFR Part 26

ML090890191
Person / Time
Site:	Ginna
Issue date:	03/23/2009
From:	John Carlin Constellation Energy Group
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
TSTF-511
Download: ML090890191 (14)

Text

John Carlin R.E. Ginna Nuclear Power Plant, LLC Site Vice President 1503 Lake Road Ontario, New York 14519-9364 585.771.5200 585.771.3943 Fax John.Carlin @constellation.com 0 Constellation Energy" Nuclear Generation Group March 23, 2009 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTENTION: Document Control Desk

SUBJECT:

R.E. Ginna Nuclear Power Plant Docket No. 50-244 License Amendment Request for Adoption of TSTF-51 1, Rev. 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26" In accordance with the provisions of Section 50.90 of Title 10 of the Code of Federal Regulations (10 CFR), R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC) is submitting a request for an amendment to the Technical Specifications (TS) for the R.E. Ginna Nuclear Power Plant (Ginna).

The proposed amendment would delete those portions of TS superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the consolidated line item improvement process (CLIIP). provides an evaluation of the proposed change. Attachment 2 provides the existing TS page marked up to show the proposed change. This letter contains one regulatory commitment as identified in Attachment 3.

Ginna LLC requests approval of the proposed license amendment by August 1, 2009, to support implementation of TS changes concurrent with implementation of the new 10 CFR Part 26, Subpart I requirements by October 1, 2009.

In accordance with 10 CFR 50.91, a copy of this application, with attachments is being provided to the designated New York State Official. If you should you have questions regarding this matter, please contact Mr. David Wilson, Director -

Licensing at (585) 771-5219 or David. F.Wilson @constellation.com.

-cei>trul;yours,

.... lin Evaluation of Proposed Change Proposed Technical Specification Change (Mark-up) List of Regulatory Commitments cc: S. J. Collins, NRC D. V. Pickett, NRC Resident Inspector, NRC (Ginna)

P.D. Eddy, NYSDPS J.P. Spath, NYSERDA 2

STATE OF NEW YORK

TO WIT:

COUNTY OF WAYNE I, John Carlin, begin duly sworn, state that I am Vice President, R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), and that I am duly authorized to execute and file this License Amendment Request on behalf of Ginna LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Ginna LLC employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it.tobe reliable.

Subscribed and sworn before me, a Notary Public in and for the State of New York and County of ,,_ e- ,this _,3-a -fe'2009.

WITNESS my Hand and Notarial Seal: Not 46ýf ý RICHARD A.JOHNSON NOTARY PUBLIC, STATE OF NEWYORK No. 01J06082344 QUALIFIED INWAYNE COUNTY My COMMISSION EXPIRES oc+÷. al I :,30)0 My Commission Expires:

Date 3

ATTACHMENT 1 Evaluation of Proposed Change R.E. Ginna Nuclear Power Plant LLC

ATTACHMENT 1 Evaluation of Proposed Change EVALUATION OF PROPOSED CHANGE FOR ADOPTION OF TSTF-51 1, REVISION 0, "ELIMINATE WORKING HOUR RESTRICTIONS FROM TS 5.2.2 TO SUPPORT COMPLIANCE WITH 10 CFR PART 26."

TABLE OF CONTENTS

4.0 TECHNICAL ANALYSIS

5.0 REGULATORY SAFETY ANALYSIS 5.1 No Significant Hazards Determination 5.2 Applicable Regulatory Requirements/Criteria

7.0 REFERENCES

R.E. Ginna Nuclear Power Plant, LLC 1

ATTACHMENT 1 Evaluation of Proposed Change

1.0 DESCRIPTION

This evaluation supports a request to amend the Renewed Operating License No. DPR-18 for the R. E. Ginna Nuclear Power Plant, LLC (Ginna LLC). The proposed amendment would delete requirements in Technical Specification (TS) 5.2.2, "Plant Staff," superseded by 10 CFR Part 26, Subpart I.

This change is consistent with Nuclear Regulatory Commission (NRC) approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical Specification Change Traveler, TSTF-51 1, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." There are no differences between the proposed plant specific TS changes, and the changes proposed by TSTF-51 1. The availability of this TS improvement was announced in the Federal Register on December 30, 2008 (73 FR 79923) as part of the Consolidated Line Item Improvement Process (CLIIP).

2.0 PROPOSED CHANGE

Consistent with the NRC approved Revision 0 of TSTF-51 1, the proposed changes to TS 5.2.2, paragraph (d) delete those portions that are superseded by 10 CFR Part 26, Subpart I.

This application is being made in accordance with the CLIIP. Ginna LLC is not proposing variations or deviations from the TS changes described in TSTF-51 1, Revision 0, or the NRC staff's model safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability.

3.0 BACKGROUND

The NRC issued a Federal Register notice (73 FR 16966, March 31, 2008) of the issuance of a final rule that amended 10 CFR Part 26. The revised regulations in 10 CFR Part 26, Subpart I superseded working hour restrictions contained in paragraph (d) of TS 5.2.2. The background for this application is adequately addressed by the NRC Notice of Availability published on December 30, 2008 (73 FR 79923).

4.0 TECHNICAL ANALYSIS

Ginna LLC has reviewed the safety evaluation published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. Ginna LLC has concluded that the technical justifications presented in the safety evaluation prepared by the NRC staff are applicable to Ginna.

The 10 CFR Part 26, Subpart I supersedes existing worker fatigue guidance.

The 10 CFR Part 26, Subpart I distinguishes between work hour controls and fatigue management and strengthens the requirements for both. Under the new R.E. Ginna Nuclear Power Plant, LLC 2

ATTACHMENT 1 Evaluation of Proposed Change rule, work hour restrictions include not only work hour limitations for rolling 24-hour, 48-hour, and 7-day periods, but also include a required minimum break between work periods and varying required minimum days off.

Additionally, Subpart I confines the use of waivers (deviations from restrictions) to situations where overtime is necessary to mitigate or prevent a condition adverse to safety or necessary to maintain the security of the facility. Subpart I also strengthens reporting requirements. Finally, the new rule's work hour control scope includes certain operating and maintenance personnel, as well as, individuals directing those operating and maintenance personnel, health physics and chemistry personnel who are part of the on-site emergency response organization minimum shift complement, the fire brigade member who is responsible for understanding the effects of fire and fire suppressants on safe shutdown capability, and certain security personnel.

The proposed change removes working hour limits imposed in the TS Section 5.2.2 paragraph (d) in order to support compliance with 10 CFR Part 26, Subpart I. Work hour controls and fatigue management requirements have been incorporated into the NRC's regulations; therefore, it is unnecessary to have work hour control requirements in the TS.

Removal of the TS requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements. This commitment will be completed no later than October 1, 2009.

5.0 REGULATORY SAFETY ANALYSIS 5.1 Significant Hazards Consideration Ginna LLC has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability.

Ginna LLC has concluded that the determination presented in the notice is applicable to Ginna. Ginna LLC has evaluated the proposed changes to the TS using the criteria in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration. An analysis of the issue of no significant hazards consideration is presented below:

Criterion 1: The ProposedChange Does Not Involve a Significant Increase in the Probabilityor Consequences of an Accident Previously Evaluated.

The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Removal of the Technical Specification requirements will be performed concurrently with the implementation of 10 CFR Part 26, Subpart I, requirements. The proposed change does not impact the physical configuration R.E. Ginna Nuclear Power Plant, LLC 3

ATTACHMENT 1 Evaluation of Proposed Change or function of plant structures, systems, or components (SSCs) or the manner in which SSCs are operated, maintained, modified, tested, or inspected. Worker fatigue is not an initiator of any accident previously evaluated. Worker fatigue is not an assumption in the consequence mitigation of any accident previously evaluated.

Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Criterion2: The ProposedChange Does Not Create the Possibilityof a New or Different Kind of Accident From Any Accident PreviouslyEvaluated.

The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. Working hours will continue to be controlled in accordance with NRC requirements. The new rule allows for deviations from controls to mitigate or prevent a condition adverse to safety or as necessary to maintain the security of the facility. This ensures that the new rule will not unnecessarily restrict working hours and thereby create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed change does not alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or effect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.

Criterion3: The Proposed Change Does Not Involve a Significant Reduction in a Margin of Safety The proposed change removes Technical Specification restrictions on working hours for personnel who perform safety related functions. The Technical Specification restrictions are superseded by the worker fatigue requirements in 10 CFR Part 26. The proposed change does not involve any physical changes to the plant or alter the manner in which plant systems are operated, maintained, modified, tested, or inspected. The proposed change does not alter the manner in which safety limits, limiting safety system settings or limiting conditions for operation are determined. The safety analysis acceptance criteria are not affected by this change. The proposed change will not result in plant operation in a configuration outside the design basis. The proposed change does not adversely affect systems that respond to safely shutdown the plant and to maintain the plant in a safe shutdown condition.

R.E. Ginna Nuclear Power Plant, LLC 4

ATTACHMENT 1 Evaluation of Proposed Change Removal of plant-specific Technical Specification administrative requirements will not reduce a margin of safety because the requirements in 10 CFR Part 26 are adequate to ensure that worker fatigue is managed.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, Ginna LLC concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards considerations' is justified.

5.2 Applicable Regulatory Requirements/Criteria A description of the proposed TS change and its relationship to applicable regulatory requirements was provided in the NRC Notice of Availability published on December 30, 2008 (73 FR 79923). Ginna LLC has reviewed the NRC staff's model SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability and concluded that the regulatory evaluation section is applicable to Ginna.

The proposed change eliminates the plant-specific TS administrative controls on working hours. The TS guidance has been superseded by 10 CFR Part 26.

The 10 CFR Part 26, Subpart I, "Managing Fatigue," contains requirements for managing worker fatigue at operating nuclear plants.

The 10 CFR 50.36, "Administrative Controls," provides, among other things, the regulatory requirements for the content of the Administrative Controls section of the Technical Specifications. The inclusion of requirements to control working hours and manage fatigue is not required to be in the Administrative Controls by 10 CFR Part 50.36. Because the requirement to control working hours and manage fatigue is provided in 10 CFR Part 26, it is unnecessary for the Technical Specifications to contain similar controls.

6.0 ENVIRONMENTAL CONSIDERATION

Ginna LLC has reviewed the environmental evaluation included in the safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. Ginna LLC has concluded that the staff's findings presented in that evaluation are applicable to Ginna. The proposed amendment changes recordkeeping, reporting, or administrative procedures. Accordingly, the proposed amendments meets the eligibility criterion or categorical exclusion set forth in 10 CFR 51.22(c) (10). Therefore, pursuant to 10CFR51.22 (b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

R.E. Ginna Nuclear Power Plant, LLC 5

ATTACHMENT 1 Evaluation of Proposed Change

7.0 REFERENCES

7.1 Federal Register Notice, Final Rule 10 CFR Part 26 published on March 31,2008.

7.2 TSTF-51 1, Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26."

7.3 Federal Register Notice, Notice of Availability published on December 30, 2008 (73 FR 79923).

R.E. Ginna Nuclear Power Plant, LLC 6

ATTACHMENT 2 Proposed Technical Specification Change (Mark-up)

R.E. Ginna Nuclear Power Plant LLC

Organization 5.2 5.2.2 Plant Staff The plant staff organization shall include the following:

a. An auxiliary operator shall be assigned to the shift crew with fuel in the reactor. An additional auxiliary operator shall be assigned to the shift crew while the plant is in MODE 1, 2, 3 or 4.

b. Shift crew composition may be one less than the minimum requirement of 10 CFR 50.54(m)(2)(i) and Specifications 5.2.2.a and 5.2.2.f for a period of time not to exceed 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> in order to accommodate unexpected absence of on-duty shift crew members provided immediate action is taken to restore the shift crew composition to within the minimum requirements.

c. An individual qualified in radiation protection procedures shall be on site when fuel is in the reactor. The position may be vacant for not more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />, in order to provide for unexpected absence, provided immediate action is taken to fill the required position.

d. T-he-amAunt-ev-e imrne-we Fked-biy-par~t-steff-+e.ember-s-pefemf safety-related-funetions-shall-be4imieed-a.d 9cotroel4edl4i aeeer-daýReeWvith-a-NRA --approved-fgfre-a m -&ecefied4n-oalntt preGGedures-changes4o4he-g uidelines.-imnthese-,preeedur-es-sheUl~e-submitted4-te4he-N*RG4er-review-

e. The operations manager or operations middle manager shall hold a SRO license.

f. The Shift Technical Advisor (STA) shall provide advisory technical support to the Shift Supervisor (SS) in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the plant. The STA shall be assigned to the shift crew while the plant is in MODE 1, 2, 3 or 4 and shall meet the qualifications contained in the STA training program specified in UFSAR Section 13.2.

R.E. Ginna Nuclear Power Plant 5.2-2 Amendment.W'

ATTACHMENT 3 List of Regulatory Commitments R.E. Ginna Nuclear Power Plant LLC

Attachment 3 List of Regulatory Commitments COMMITMENT TYPE COMPLETION DATE Removal of the plant specific Continuing Compliance October 1, 2009 Technical Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I requirements.

R.E. Ginna Nuclear Power Plant LLC