ML071520044

License Amendment, Issuance of Amendment ASTM Standards for Fuel Oil Testing

ML071520044
Person / Time
Site:	Perry
Issue date:	07/12/2007
From:	Thomas Wengert NRC/NRR/ADRO/DORL/LPLIII-2
To:	Allen B FirstEnergy Nuclear Operating Co
Wengert, Thomas NRR/DORL 415-4037
Shared Package
ml071520050	List: ML071520044
References
TAC MD4084
Download: ML071520044 (12)

Text

July 12, 2007 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT RE: REVISE DIESEL FUEL OIL REQUIREMENTS LINE ITEM IMPROVEMENT PROCESS (TAC NO. MD4084)

Dear Mr. Allen:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 146 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the Technical Specifications in response to your application dated January 19, 2007.

This amendment relocates references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents and adds alternate criteria to the clear and bright acceptance test for new fuel oil.

A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice.

Sincerely,

/RA/

Thomas J. Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440

Enclosures:

1. Amendment No. 146 to NPF-58

2. Safety Evaluation cc w/encls: See next page

Mr. Barry S. Allen July 12, 2007 Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - ISSUANCE OF AMENDMENT RE: REVISE DIESEL FUEL OIL REQUIREMENTS LINE ITEM IMPROVEMENT PROCESS (TAC NO. MD4084)

Dear Mr. Allen:

The U.S. Nuclear Regulatory Commission (the Commission) has issued the enclosed Amendment No. 146 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit No. 1. This amendment revises the Technical Specifications in response to your application dated January 19, 2007.

This amendment relocates references to specific American Society for Testing and Materials standards for fuel oil testing to licensee-controlled documents and adds alternate criteria to the clear and bright acceptance test for new fuel oil.

A copy of the Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice.

Sincerely,

/RA/

Thomas J. Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440

Enclosures:

1. Amendment No. 146 to NPF-58

2. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

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Package Accession Number: ML071520050 Amendment Accession Number: ML071520044 TS Accession Number: ML071940290 *Memo dated NRR-058 OFFICE LPL3-2/PM LPL3-2/LA DIRS/ITSB LPL3-2/BC NAME TWengert EWhitt TKobetz* RGibbs (THarris for)

DATE 07/12/07 07/12/07 03/14/07 07/12/07 OFFICIAL RECORD COPY

Perry Nuclear Power Plant, Unit No. 1 cc:

David W. Jenkins, Attorney Dennis Clum FirstEnergy Corporation Radiological Assistance Section Supervisor Mail Stop A-GO-15 Bureau of Radiation Protection 76 South Main Street Ohio Department of Health Akron, OH 44308 P.O. Box 118 Columbus, OH 43266-0118 Resident Inspector's Office U.S. Nuclear Regulatory Commission Zack A. Clayton P.O. Box 331 DERR Perry, OH 44081-0331 Ohio Environmental Protection Agency ATTN: Mr. Zack A. Clayton Regional Administrator, Region III P.O. Box 1049 U.S. Nuclear Regulatory Commission Columbus, OH 43266-0149 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4531 Chairman Perry Township Board of Trustees Sue Hiatt 3750 Center Road, Box 65 OCRE Interim Representative Perry, OH 44081 8275 Munson Mentor, OH 44060 Daniel Z. Fisher Transportation Department Manager, Site Regulatory Compliance Public Utilities Commission FirstEnergy Nuclear Operating Company 180 East Broad Street Perry Nuclear Power Plant Columbus, OH 43215-3793 Mail Stop A-PY-A200 P.O. Box 97, 10 Center Road James H. Lash Perry, OH 44081-0097 Senior Vice President of Operations and Chief Operating Officer Mayor, Village of North Perry FirstEnergy Nuclear Operating Company North Perry Village Hall Mail Stop A-GO-14 4449 Lockwood Road 76 South Main Street North Perry Village, OH 44081 Akron, OH 44308 Donna Owens, Director Director, Fleet Regulatory Affairs Ohio Department of Commerce FirstEnergy Nuclear Operating Company Division of Industrial Compliance Mail Stop A-GO-2 Bureau of Operations & Maintenance 76 South Main Street 6606 Tussing Road Akron, OH 44308 P.O. Box 4009 Reynoldsburg, OH 43068-9009 Joseph J. Hagan President and Chief Nuclear Officer Carol OClaire, Chief, Radiological Branch FirstEnergy Nuclear Operating Company Ohio Emergency Management Agency Mail Stop A-GO-14 2855 West Dublin Granville Road 76 South Main Street Columbus, OH 43235-7150 Akron, OH 44308 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100

Perry Nuclear Power Plant, Unit No. 1 cc:

Danny L. Pace Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Manager, Fleet Licensing FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308 Richard Anderson Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308

FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

OHIO EDISON COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 146 License No. NPF-58

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for license filed by FirstEnergy Nuclear Operating Company, et al., (the licensee) dated January 19, 2007, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations; D. The issuance of this amendment will not be inimical to the common defense and security 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 the Commissions regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. NPF-58 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 146 are hereby incorporated into this license. FENOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of its date of its issuance and shall be implemented within 120 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Russell Gibbs, Chief Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications and Facility Operating License Date of Issuance: July 12, 2007

ATTACHMENT TO LICENSE AMENDMENT NO. 146 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 Replace the following pages of the Facility Operating License and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert License NPF-58 License NPF-58 Page 4 Page 4 TS TS 5.0-13 5.0-13

renewal. Such sale and leaseback transactions are subject to the representations and conditions set forth in the above mentioned application of January 23, 1987, as supplemented on March 3, 1987, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated March 16, 1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP Unit 1. For purposes of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit 1 remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.

(b) Further, the licensees are also required to notify the NRC in writing prior to any change in: (i) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP Unit 1; and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commissions regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now and hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level FENOC is authorized to operate the facility at reactor core power levels not in excess of 3758 megawatts thermal (100% power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 146, are hereby incorporated into the license. FENOC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions

a. FirstEnergy Nuclear Generation Corp. and Ohio Edison Company Amendment No. 146

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 146 TO FACILITY OPERATING LICENSE NO. NPF-58 FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

OHIO EDISON COMPANY PERRY NUCLEAR POWER PLANT, UNIT NO. 1 DOCKET NO. 50-440

1.0 INTRODUCTION

By letter to the Nuclear Regulatory Commission (NRC, the Commission) dated January 19, 2007 (Agencywide Documents Access and Management System Accession (ADAMS)

No. ML070650096), FirstEnergy Nuclear Operating Company, et al. (the licensee) requested changes to the technical specifications (TSs) for the Perry Nuclear Power Plant (PNPP), Unit No. 1. The proposed changes would relocate references to specific American Society for Testing and Materials (ASTM) standards for fuel oil testing to licensee-controlled documents and would add alternate criteria to the clear and bright acceptance test for new fuel oil. These changes were described in a Notice of Availability published in the Federal Register on April 21, 2006 (71 FR 20735).

2.0 REGULATORY EVALUATION

The onsite electrical power system includes standby power sources, distribution systems, and vital auxiliary supporting systems to supply power to safety-related equipment. Most commercial nuclear power plants use diesel generators as the emergency power source for the safety-related electrical buses. The importance of the diesel generators (or other standby power sources) is reflected in their incorporation into NRC regulations, TS, and other regulatory programs, including Appendix B (Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants) of Title 10 of the Code of Federal Regulations (10 CFR) Part 50.

NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants, addresses diesel fuel oil and other supporting systems in Section 9.5.4, Emergency Diesel Engine Fuel Oil Storage and Transfer System Review Responsibilities.

The TSs include requirements for testing diesel fuel oil to ensure it is of the appropriate grade and that it has not been contaminated (i.e., proper fuel oil quality). The Diesel Fuel Oil Testing Program defined in the TSs includes tests for (1) the acceptability of new fuel oil for use prior to addition to storage tanks; (2) other properties of new fuel oil within limits within 30 days following sampling and addition to storage tanks; and (3) total particulate concentration of the fuel oil every 31 days. The current TSs identify particular ASTM standards and methods of performing these tests. The industry submitted TS Task Force Traveler No. 374 (TSTF-374),

?Revision to TS 5.5.13 and Associated TS Bases for Diesel Fuel Oil proposing changes to the standard TSs (STSs; NUREGs 1430-1434) to provide the flexibility to address future changes in

Environmental Protection Agency (EPA) regulations for fuel oil or revisions to the ASTM standards. TSTF-374 was reviewed and accepted by the NRC staff and has been incorporated into each of the STSs NUREGs. Requirements for testing the diesel fuel oil are maintained, but references to specific ASTM standards are relocated to licensee-controlled documents and an alternative to the clear and bright acceptance test for new fuel is added to address changes in EPA requirements.

3.0 TECHNICAL EVALUATION

In adopting TSTF-374, the licensee proposes to relocate the reference to specific ASTM standards from the TS Administrative Controls Section 5.5.9, Diesel Fuel Oil Testing Program, to a licensee-controlled document. Although the reference to specific testing standards or methods is relocated, TS 5.5.9 retains acceptance criteria for new and stored diesel fuel oil and refers to applicable ASTM standards for sampling and testing requirements. The specific testing standards or methods are relocated to the TS Bases Section, which are controlled in accordance with 10 CFR 50.59, Changes, tests, and experiments, as described in TS 5.5.11, Technical Specification (TS) Bases Control Program. The licensee's testing programs for diesel fuel oil are also governed by other regulatory requirements, including Appendix B to 10 CFR Part 50. While the relocation of selected program details provides the licensee with some flexibility to adopt practices defined in future ASTM standards, the NRC staff finds that the remaining TS, TS Bases Control Program, and other NRC regulations provide appropriate regulatory controls to ensure diesel fuel oil quality will be maintained.

The plant-specific adoption of TSTF-374 also includes an alternative to the clear and bright test currently required for new fuel oil acceptability. The revised TSs would allow either the clear and bright test or a test confirming that the fuel oil has water and sediment content within limits. This alternative test is better suited for darker colored fuels and is recognized in ASTM standards that have been referenced in NRC-approved amendment requests. The NRC staff finds that the alternative for testing the water and sediment content will maintain or improve the inspection of new fuel oil and therefore finds the change acceptable.

The licensee included in its application the proposed revisions to the TS Bases to reflect the changes to TS 5.5.9 and to incorporate the references to the applicable ASTM standards. The changes are consistent with TSTF-374 and will be incorporated into the TS Bases in accordance with TS 5.5.11.

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

This amendment changes a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluent that may be released offsite and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that this amendment involves no significant hazards consideration and there has been no public comment on such finding (72 FR 17950; April 10, 2007). Accordingly, this amendment meets the eligibility criteria for

categorical exclusion set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

6.0 CONCLUSION

The NRC staff has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: T. Wertz Date: July 12, 2007