ML062220654

Issuance of Amendment Clarify Wording of Emergency Closed Cooling Water SR 3.7.10.2

ML062220654
Person / Time
Site:	Perry
Issue date:	10/27/2006
From:	Thomas Wengert NRC/NRR/ADRO/DORL/LPLIII-2
To:	Richard Anderson FirstEnergy Nuclear Operating Co
Campbell S, NRC/NRR/DORL, 415-1486
Shared Package
ML062220662	List: ML062220654
References
TAC MC8970
Download: ML062220654 (13)

Text

October 27, 2006 Mr. Richard Anderson Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant, Unit 1 Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT 1 - ISSUANCE OF AMENDMENT RE: CLARIFY WORDING OF EMERGENCY CLOSED COOLING WATER SURVEILLANCE REQUIREMENT 3.7.10.2 (TAC NO. MC8970)

Dear Mr. Pearce:

The Commission has issued the enclosed Amendment No. 139 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit 1. The amendment is in response to your application dated November 15, 2005.

The amendment modifies the technical specifications to clarify the wording of emergency closed cooling water (ECCW) Surveillance Requirement (SR) 3.7.10.2. The SR verifies actuation of the entire ECCW system rather than just verifying valve actuation.

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. 139 to NPF-58

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

Mr. Richard Anderson October 27, 2006 Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant, Unit 1 Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT 1 - ISSUANCE OF AMENDMENT RE: CLARIFY WORDING OF EMERGENCY CLOSED COOLING WATER SURVEILLANCE REQUIREMENT 3.7.10.2 (TAC NO. MC8970)

Dear Mr. Pearce:

The Commission has issued the enclosed Amendment No. 139 to Facility Operating License No. NPF-58 for the Perry Nuclear Power Plant, Unit 1. The amendment is in response to your application dated November 15, 2005.

The amendment modifies the technical specifications to clarify the wording of emergency closed cooling water (ECCW) Surveillance Requirement (SR) 3.7.10.2. The SR verifies actuation of the entire ECCW system rather than just verifying valve actuation.

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. 139 to NPF-58

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

PUBLIC RidsNrrLADClarke GHill, OIS (2)

LPL3-2 R/F RidsOgcRp RidsRgn3MailCenter RidsNrrDorlLpl3-2 RidsAcrsAcnwMailCenter RidsNrrDorlDpr RidsNrrPMTWengert RidsNrrDirsItsb PHearn, NRR Package Accession Number: ML062220662 Amendment Accession Number: ML062220654 TS Accession Number: ML OFFICE LPL3-2/PM LPL3-2/LA DIRS/ITSB OGC LPL3-2/BC NAME TWengert:mw DClarke TKobetz TCampbell DCollins DATE 10/18/06 10/18/06 10/23/06 10/24/06 10/27/06 OFFICIAL RECORD COPY

FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

OHIO EDISON COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT 1 FACILITY OPERATING LICENSE Amendment No. 139 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 November 15, 2005, 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. 139, 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 90 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Daniel S. Collins, 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: October 27, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 139 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 Page 4 License Page 4 3.7-20 3.7-20

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 139 TO FACILITY OPERATING LICENSE NO. NPF-58 FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

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

1.0 INTRODUCTION

By letter to the Nuclear Regulatory Commission (NRC, the Commission) dated November 15, 2005 (Agencywide Documents Access and Management System Accession No.

ML053260443), FirstEnergy Nuclear Operating Company, et al. (the licensee) requested changes to the technical specifications (TSs) for the Perry Nuclear Power Plant, Unit 1 (Perry).

The proposed changes would modify the TSs to clarify the wording of emergency closed cooling water (ECCW) surveillance requirement (SR) 3.7.10.2.

2.0 REGULATORY EVALUATION

Section 182a of the Atomic Energy Act of 1954, as amended (the Act), requires applicants for nuclear power plant operating licenses to include TSs as part of the license. TSs specify the requirements for operation of nuclear reactors. Title 10 of the Code of Federal Regulations (10 CFR) Section 50.36, Technical specifications, states that TSs are to be derived from the analyses and evaluations of the safety analysis report (the design basis). Additionally, 10 CFR 50.36(c)(3) requires TSs to include SRs, which are requirements relating to the test, calibration, or inspection to assure that the necessary quality of systems and components is maintained, that the facility operation will be within the safety limits, and that the limiting conditions for operation will be met.

General Design Criterion 44, Cooling water, to 10 CFR Part 50, Appendix A, requires a system be provided to transfer heat from structures, systems, and components (SSCs) important to safety, to an ultimate heat sink. The criterion further states that the system safety function shall transfer the combined heat load of these SSCs under normal operating and accident conditions. The Perry ECCW system is a closed loop system designed to provide a heat sink, during a design-basis accident or transient, for safety-related components in systems such as subsystems for the low-pressure emergency core cooling system. ECCW then transfers that heat to the emergency service water system, which transports the heat to Lake Erie.

3.0 TECHNICAL EVALUATION

The NRC staff reviewed the proposed change for compliance with 10 CFR 50.36 and for consistency with the precedent established in NUREG-1434, Standard Technical Specifications [STSs] General Electric Plants, BWR/6. The change would make the SR 3.7.10.2 wording consistent with the more standard wording of the system actuation SRs in TS 3.7.1, [Standby Service Water (SSW)] System and [Ultimate Heat Sink (UHS)];

TS 3.7.2, High Pressure Core Spray (HPCS) Service Water System (SWS); and TS 3.7.3,

[Control Room Fresh Air (CRFA)] System, of NUREG-1434. In the licensees amendment request dated November 15, 2005, the licensee noted that an ECCW specification is not included in NUREG-1434 because the ECCW system is a Perry-specific plant design.

The current wording of SR 3.7.10.2 requires that automatic valves in ECCW actuate on an actuation signal. However, the TS Bases for the SR identify that more than just valves are tested. The TS Bases state, This Surveillance also verifies the automatic start capability of the ECCW pump in each subsystem. During development of the Perry improved STSs, no direct template existed for the wording of SR 3.7.10.2, since NUREG-1434 did not include an ECCW specification. Therefore, wording similar to the original Perry TS SR was incorporated. The non-standard wording focused on valve actuation, since the original ECCW system design required several valves to close after an accident to isolate the safety-related ECCW system from a non-safety cooling water system. The overall system actuation was only addressed in the TS Bases. Since that time, the physical boundary for the safety-related ECCW subsystems has been made passive, by adding check valves. It is therefore appropriate to revise the SR wording to reflect actuation of the total system, consistent with the standard wording of SRs in TS 3.7.1, 3.7.2, and 3.7.3 of NUREG-1434. This is accomplished by revising SR 3.7.10.2 to read, Verify each ECCW subsystem actuates on an actual or simulated initiation signal.

The licensees amendment request rewords SR 3.7.10.2 to more clearly state that the actuation capability of the entire ECCW system must continue to be tested. This change also ensures consistency with the standard wording in SRs for TSs 3.7.1, 3.7.2, and 3.7.3 as described in NUREG-1434 and for verifying the overall system actuation as described in the Perry TS Bases. The NRC staff determined that this is an administrative clarification and the rewording of SR 3.7.10.2 does not change the technical content of the specification.

The NRC staffs position, in general, is that there are two classes of TS changes: (1) changes needed to reflect contents of the design basis (as mentioned above, TSs are derived from the design basis), and (2) voluntary changes to take advantage of the evolution in policy and guidance as to the required content and preferred format of TSs over time.

The NRC staff concludes that this amendment involves the second class of changes; namely, administrative changes that reflect the current configuration of the plant and consistency with the TS Bases. Furthermore, the licensees proposed changes are acceptable since they conform to the standard wording in NUREG-1434 and continue to meet the requirements of 10 CFR 50.36, and 10 CFR Part 50, Appendix A, Criterion 44.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations, the Ohio State official was notified of the proposed issuance of the amendment. 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 and changes an SR.

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 (71 FR 5081; dated January 31, 2006). 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 Commission 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: P. Hearn Date: October 27, 2006

Perry Nuclear Power Plant, Unit 1 cc:

David W. Jenkins, Attorney Dennis Clum FirstEnergy Corporation Radiological Assistance Section Supervisor Mail Stop A-GO-18 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 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 - Regulatory Compliance Public Utilities Commission FirstEnergy Nuclear Operating Company 180 East Broad Street Perry Nuclear Power Plant Columbus, OH 43215-3793 P.O. Box 97, A210 10 Center Road Joseph J. Hagan Perry, OH 44081 Senior Vice President of Operations and Chief Operating Officer Mayor, Village of North Perry First Energy 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, Regulatory Affairs Ohio Department of Commerce FirstEnergy Nuclear Operating Company Division of Industrial Compliance 395 Ghent Road Bureau of Operations & Maintenance Akron, OH 44333 6606 Tussing Road P.O. Box 4009 Gary R. Leidich Reynoldsburg, OH 43068-9009 President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Carol OClaire, Chief, Radiological Branch Mail Stop A-GO-19 Ohio Emergency Management Agency 76 South Main Street 2855 West Dublin Granville Road Akron, OH 44308 Columbus, OH 43235-7150 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100

Perry Nuclear Power Plant, Unit 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-GHE-107 395 Ghent Road Akron, OH 44333 L. W. Pearce Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097 Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A200 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

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.139, are hereby incorporated into the license. FENOC shall operate the l 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. 139