ML083400161

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Issuance of Amendment Requirements Related to Diesel Fuel Oil. Lube Oil, and Starting Air Consistent with TSTF-501 and Diesel Fuel Oil' Testing Program Consistent with TSTF-374
ML083400161
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 01/21/2009
From: Bhalchandra Vaidya
Plant Licensing Branch 1
To:
Entergy Nuclear Operations
vaidya B, NRR/Dorl/lpl1-1, 415-3308
References
TAC MD7927
Download: ML083400161 (15)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 21, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT - ISSUANCE OF AMENDMENT RE: REQUIREMENTS RELATED TO DIESEL FUEL OIL, LUBE OIL, AND STARTING AIR CONSISTENT WITH TSTF-501 AND DIESEL FUEL OIL TESTING PROGRAM CONSISTENT WITH TSTF-374 (TAC NO. MD7927)

Dear Sir or Madam:

The Commission has issued the enclosed Amendment No. 293 to Renewed Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated January 22,2008, as supplemented by the letters dated August 27, and October 22,2008.

The amendment modified the TS 3.8.3 requirements related to Diesel Fuel Oil, Lube Oil, and Starting Air by replacing the specific fuel oil and lube oil storage values with the corresponding number of days supply. The specific values would be relocated to a licensee-controlled document (Le., the TS Bases). It also expanded the "clear and bright" test in TS 5.5.10 by allowing a water and sediment test to be performed to establish the acceptability of new fuel oil prior to addition to the storage tanks.

A copy of the related Safety Evaluation is enclosed. A Notice of Issuance will be included in the Commission's next regular biweekly Federal Register notice.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333

Enclosures:

1. Amendment No. 293 to DPR-59
2. Safety Evaluation cc w/encls: Distribution via Listserve

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY NUCLEAR FITZPATRICK, LLC AND ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO. 50-333 JAMES A. FITZPATRICK NUCLEAR POWER PLANT AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 293 Renewed Facility Operating License No. DPR-59

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

A. The application for amendment by Entergy Nuclear Operations, Inc. (the licensee) dated January 22,2008, as supplemented by the letters dated August 27, and October 22, 2008, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commission's rules and requlations 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 Commission's 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 Commission's 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. DPR-59 is hereby amended to read as follows:

-2 (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 293, 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 the date of its issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION Mark G. Kowal, Chief Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the License and Technical Specifications Date of Issuance: January 21, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 293 RENEWED FACILITY OPERATING LICENSE NO. DPR-59 DOCKET NO. 50-333 Replace the following page of the License with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Remove Page Insert Page 3 3 Replace the following pages of the 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 Pages Insert Pages 3.8.3-1 3.8.3-1 3.8.3-2 3.8.3-2 3.8.3-3 3.8.3-3 5.5-11 5.5-11

-3 (4) ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools.

(5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A , as revised through Amendment No. 293, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection ENO shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No.1 dated February 1, 1973; the SER Supplement No.2 dated October 4, 1974; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23,1989),164 (dated August 10,1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19,1993),190 (dated June 29,1993), 191 (dated July 7,1993),

206 (dated February 28, 1994) and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:

Amendment No. 293 Renewed Lioense No. DPR 59

Diesel Fuel Oil, Lube Oil, and Starting Air 3.8.3 3.8 ELECTRICAL POWER SYSTEMS 3.8.3 Diesel Fuel Oil, Lube Oil, and Starting Air LCO 3.8.3 The stored diesel fuel oil, lube oil, and starting air subsystem shall be within limits for each required emergency diesel generator (EDG).

APPLICABILITY: When associated EDG subsystem is required to be OPERABLE ACTIONS


NOTE------------------------------------

Separate Condition entry is allowed for each EDG.

CONDITION REQUIRED ACTION COMPLETION TIME A. One or more EDGs with A.l Restore fuel oil level to 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> fuel oil level < a 7 day within limits.

supply and> a 6 day supply in storage tank.

B. One or more EDGswith 8.1 Restore lube oil inventory 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> lube oil inventory < a 7 to within limits.

day supply and> a 6 day supply.

C. One or more EDGs with C.l Restore stored fuel oil 7 days stored fuel oil total total particulates to particulates not within within limit.

limit.

(continued)

JAFNPP 3.8.3-1 Amendment 293

Diesel Fuel Oil, Lube Oil, and Starting Air 3.8.3 ACTIONS (continued)

CONDITION REQUIRED ACTION COMPLETION TIME D. One or more EDGs with D.1 Restore stored fuel oil 30 days new fuel oil properties properties to within limit.

not within limits.

E. One or more EDGs with E.1 Restore required starting 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> required starting air air receiver pressure to receiver pressure < 150 within limits.

pslg and ~ 110 pslg, F. Requires Action and F.1 Declare associated EDG Immediately associated Completion inoperable.

Time of Condition A, B, C, D, or E not met.

OR One or more EDGs with diesel fuel oil, lube oil, or starting air subsystem not within limits for reasons other then condition A, S, C, D, or E.

SURVEILLANCE REQUIREMENTS SURVEILLANCE FREQUENCY SR 3.8.3.1 Verify each fuel oil storage tank contains ~ a 31 days 7 day supply of fuel.

(continued)

JAFNPP 3.8.3-2 Amendment 293

Diesel Fuel Oil, Lube Oil, and Starting Air 3.8.3 SURVEILLANCE REQUIREMENTS (continued)

SURVEILLANCE FREQUENCY SR 3.8.3.2 Verify lube oil inventory of each EDG ls z a 7 31 days day supply.

SR 3.8.3.3 Verify fuel oil properties of new and stored In accordance with the fuel oil are tested in accordance with, and Diesel Fuel Oil Testing maintained within the limits of, the diesel Program Fuel Oil Testing Program.

SR 3.8.3.4 Verify Each EDG required air start receiver 31 days pressure is ;::: 150 pslg, SR 3.8.3.5 Check for and remove accumulated water 31 days from each fuel oil storage tank.

JAFNPP 3.8.3-3 Amendment 293

Programs and Manuals 5.5 5.5 Programs and Manuals 5.5.10 Diesel Fuel Oil Testing Program (continued)

a. Acceptability of new fuel oil for use prior to addition to storage tanks by determining that the fuel oil has:
1. An API gravity or an absolute specific gravity within limits,
2. A flash point and kinematic viscosity within limits for ASTM 2D fuel oil, and
3. A clear and bright appearance with proper color or water and sediment within limits;
b. Within 31 days following addition of the new fuel oil to storage tanks verify that the properties of the new fuel oil, other than those addressed in Specification 5.5.10.a above, are within limits for ASTM 2D fuel oil; and
c. Total particulate concentration of the fuel oil is ~ 10 mgtl when tested every 31 days in accordance with the applicable ASTM Standard, except that the specified filters may be replaced with filters up to 3.0 microns.

The provisions of SR 3.0.2 and SR 3.0.3 are applicable to the Diesel Fuel Oil Testing Program test Frequencies.

5.5.11 Technical Specifications as) Bases Control Program This program provides a means for processing changes to the Bases of these Technical Specifications.

a. Changes to the Bases of the TS shall be made under appropriate administrative controls and reviews.
b. Licensees may make changes to Bases without prior NRC approval provided the changes do not require either of the following:
1. A change in the TS incorporated in the license; or
2. A change to the UFSAR or Bases that requires NRC approval pursuant to 10 CFR 50.59.

(continued)

JAFNPP 5.5-11 Amendment 293

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 293 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-59 ENTERGY NUCLEAR OPERATIONS, INC.

JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333

1.0 INTRODUCTION

By letter dated January 22,2008, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML080290664), as supplemented by the letters dated August 27, and October 22, 2008 (ADAMS Accession No. ML082480300 and ML083030166, respectively),

Entergy Nuclear Operations, Inc. (the licensee) submitted a request for changes to the James A. FitzPatrick Nuclear Power Plant (JAFNPP) Technical Specifications (TS). The supplements dated August 27, and October 22, 2008, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the U.S. Nuclear Regulatory Commission (!\IRC) staffs original proposed no significant hazards consideration determination.

The proposed amendment would modify the TS 3.8.3 requirements related to Diesel Fuel Oil, Lube Oil, and Starting Air by replacing the specific fuel oil and lube oil storage values with the corresponding number of days supply. The specific volumes would be relocated to a licensee controlled document (i.e., the TS Bases). It would also expand the "clear and bright" test in TS 5.5.10 by allowing a water and sediment test to be performed to establish the acceptability of new fuel oil prior to addition to the storage tanks.

2.0 REGULATORY EVALUATION

The following explains the use of General Design Criteria (GDC) for JAFNPP. The construction permit for JAFNPP was issued by the Atomic Energy Commission (AEC) on May 20, 1970, and the operating license was issued on October 17, 1974. The plant design criteria for the construction phase are listed in the Updated Final Safety Analysis Report (UFSAR) Chapter 1.5, "Principal Design Criteria." The AEC published the final rule that added Appendix A to Title 10 of the Code of Federal Regulations (10 CFR) Part 50, "General Design Criteria for Nuclear Power Plants," in the Federal Register (36 FR 3255) on February 20, 1971, with the rule effective on May 21, 1971. In accordance with an NRC staff requirements memorandum from S. J. Chilk to J. M. Taylor, "SECY-92-223 - Resolution of Deviations Identified During the

-2 Systematic Evaluation Program," dated September 18, 1992 (ADAMS Accession No. ML003763736), the Commission decided not to apply the final GDC to plants with construction permits issued prior to May 21, 1971, which includes JAFNPP. However, the JAFNPP UFSAR, Chapter 16.6, "Conformance to AEC Design Criteria," evaluates JAFNPP against the 10 CFR 50, Appendix A GDC. Also, the initial AEC safety evaluation of JAFNPP, dated November 20, 1972, Chapter 14.0, stated "Based on our evaluation of the design and design criteria for the JAFNPP Nuclear Power Plant, we conclude that there is reasonable assurance that the intent of the General Design Criteria for Nuclear Power Plants, published in the Federal Register on May 21, 1971 as Appendix A to 10 CFR Part 50, will be met." Therefore, the NRC staff reviews amendments to the JAFNPP license using the 10 CFR Part 50, Appendix A GDC unless there are specific criteria identified in the UFSAR.

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 GDC 17, "Electric Power Systems," of 10 CFR Part 50, Appendix A and 10 CFR Part 50, Appendix B, "Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants."

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." The TS include requirements for testing diesel fuel oil to ensure it is of the appropriate grade and that it has not been contaminated (Le., proper fuel oil quality). The Diesel Fuel Oil Testing Program defined in the TS includes testing 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 31 days following addition to storage tanks; and (3) total particulate concentration of the fuel oil every 31 days.

The industry's technical specification task force (TSTF) submitted the document TSTF-374 proposing changes to the Standard TS (STS) (NUREGs 1430 - 1434) to provide the flexibility to address future changes in Environmental Protection Agency (EPA) regulations for fuel oil or revisions to the American Society for Testing and Materials (ASTM) standards. TSTF-374 was reviewed and approved by the NRC staff and has been incorporated into each of the STS 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.

Regulatory Guide (RG) 1.137, Regulatory Position 1, states that American National Standards Institute (ANSI) N195-1976, "Fuel Oil Systems for Standby Diesel-Generators," provides a method acceptable to the staff for complying with the pertinent requirements of GDC 17.

Regulatory Position 1.c states that section 5.4 of ANSI N195-1976, "Calculation of Fuel Oil Storage Requirements," sets forth two methods for the calculation of fuel oil storage requirements. These two methods are (1) calculations based on the assumption that the diesel generator operates continuously for 7 days at its rated capacity, and (2) calculations based on the time-dependent loads of the diesel generator. For the time-dependent load method, the minimum required capacity should include the capacity to power the engineered safety features.

It is stated in Paragraph 1.1.H of Section 9.5.4 of NUREG-0800 that "a minimum of seven days

-3 supply of fuel oil for each diesel generator system is onsite to meet the engineered safety feature load requirements following a loss of offsite power and a design-basis accident (DBA)."

The application of this general framework is discussed in Section 3.0 for the specific proposed changes.

3.0 TECHNICAL EVALUATION

The proposed amendment would modify the TS requirements related to Diesel Fuel Oil, Lube Oil, and Starting Air by replacing the specific fuel oil and lube oil storage volumetric requirements (in gallons) with a requirement to maintain greater than or equal to a seven (7) day supply for both the diesel fuel oil and lube oil while relocating the specific tank volumetric requirements (in gallons) needed to meet the 7-day requirement in the TS Bases. The requested change will also address, through the TS Bases, a more restrictive change in the required volume of diesel fuel oil to support seven (7) days of continuous operation. The proposed changes will also revise the fuel oil color testing requirement to include water and sediment content within limits consistent with TSTF-374.

The requested changes to the Diesel Fuel Oil, Lube Oil, and Starting Air Specification (limiting condition for operation (LCO) 3.8.3) ensure that the information required by 10 CFR 50.36 is maintained in the TSs and that the specific design value for volume that needs to be maintained in the fuel oil and lube oil storage tanks (in gallons) are located in a licensee-controlled document (i.e., the TS Bases). The licensee's TS Bases are controlled in accordance with TS 5.5.11, "Technical Specifications (TS) Bases Control Program."

3.1 Diesel Fuel Oil Testing - Water and Sediment Content During the JAFNPP conversion from Custom TS to the Improved STS, the licensee relocated the references to the applicable ASTM Fuel Oil Testing Standards to the TS Bases as described in TSTF-374. However, in the conversion, the licensee did not include the option to perform the water and sediment content test in lieu of the fuel oil "clear and bright" test. TSTF-374, which was approved by the NRC staff, expanded the fuel oil testing to allow a water and sediment content test or the "clear and bright" test. In this license amendment request (LAR), the licensee proposes to add water and sediment testing to the TS Bases for TS 3.8.3. The licensee stated that they will continue to use the "clear and bright" test method as the preferred test method during diesel fuel oil receipt testing. The water and sediment content testing will be used as a backup method when a clear and bright test cannot be performed. The licensee has committed to develop a water and sediment content test procedure in accordance with ASTM 01796 or ASTM-D2709 and obtain the appropriate test equipment if the LAR is approved. This proposed change is consistent with TSTF-374.

3.2 Diesel Fuel Oil, Lube Oil, and Starting Air The licensee's TS currently have the specific amounts (in gallons) of fuel oil and lube oil necessary for each emergency diesel generator (EDG) for seven (7) days of continuous operation. These specific amounts are located in both the LCO and the Surveillance Requirements. The licensee proposes to replace the specific amounts of fuel oil and lube oil with the required amount of time <<7 days and >6 days). The specific amounts of fuel oil and lube oil (in gallons) would be relocated to the TS Bases.

-4 The EPA has finalized the Clean Diesel Trucks and Buses Rule and the Clean Nonroad Diesel Rule. These rules require sulfur reductions for land-based non-road diesel fuel to be accomplished in two steps, with an interim step from currently uncontrolled sulfur content levels to a 500 parts per million (ppm) cap starting in June 2007 and the final step to 15 ppm sulfur content in June 2010. This 15 ppm sulfur content fuel is known as ultra low sulfur diesel (ULSD). The processing required to reduce the sulfur content to 15 ppm also reduces the aromatic content and the density of diesel fuel, which results in a reduction in volumetric energy content (British Thermal Unit per gallon). This reduction in energy content will require the licensee to store more fuel in order to maintain an amount sufficient for 7 days of EDG operation.

As stated above, RG 1.137, Regulatory Position 1, states that ANSI N195-1976 provides a method acceptable to the NRC staff for complying with the pertinent requirements of GDC 17 of Appendix A to 10 CFR Part 50. Regulatory Position 1.c states that Section 5.4 of ANSI N195 1976 sets forth two methods for the calculation of fuel oil storage requirements. The licensee's calculation follows the first of the two methods for determining the fuel oil storage requirements.

The licensee has calculated the required amount of stored fuel for 7 days of EDG operation based on American Petroleum Institute (API) gravity values of 27,30,33,36, and 39. The licensee has stated that for fuel received that has an API gravity value in between these values, the required amount of stored fuel can be linearly interpolated. The licensee further stated that if fuel that is outside the API gravity range of 27 to 39 is delivered, it will not be accepted. The correlation between API gravity and energy content is well known. This correlation is documented in the National Bureau of Standards in their Miscellaneous Publication No. 97, "Thermal Properties of Petroleum Products," dated April 28, 1933 and in ASTM D4868-00, (Reapproved 2005), Standard Test Method for Estimation of Net ant Gross Heat of Combustion of Burner and Diesel Fuels."

The licensee stated that they have confirmed with the diesel engine manufacturer that the lube oil used at JAFNPP is not affected by the use of ULSD fuel, and the volumes for 7-day and 6-day supplies are unchanged. The lube oil used in the EDGs at JAFNPP is MOBILGARD 450 NC. This oil has been approved by EMD for use in their engines. Engine Systems, Inc., the authorized EMD engine distributor for the nuclear industry worldwide for parts, service, and training, has stated that there has been no reported impact seen on the lube oil consumption while using ULSD fuel.

Relocating the specific values of fuel oil and lube oil supplies (in gallons) to the TS Bases does not alter the licensing basis of the plant. The licensee is still required by TS to maintain these

<7-day and >6-day supplies. The proposed amendment will allow the licensee to adjust these specific values based on the properties of the fuel oil received without having to submit a license amendment request.

The licensee's proposed changes in this LAR are acceptable since the changes to JAFNPP TS requirements do not result in any substantive change in operating requirements, are consistent with the Commission's regulations, and conform to the requirements of 10 CFR 50.36. On this basis, the NRC staff concludes that the proposed TS changes are acceptable.

-5

4.0 STATE CONSULTATION

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

5.0 ENVIRONMENTAL CONSIDERATION

The 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 surveillance requirements. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents 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 the amendment involves no significant hazards consideration, and there has been no public comment on such finding (May 6, 2008 (73 FR 25037)). Accordingly, the 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 the 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 Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: R. Wolfgang Date: January 21, 2009

January 21, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant P.O. Box 110 Lycoming, NY 13093

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT - ISSUANCE OF AMENDMENT RE: REQUIREMENTS RELATED TO DIESEL FUEL OIL, LUBE OIL, AND STARTING AIR CONSISTENT WITH TSTF-501 AND DIESEL FUEL OIL TESTING PROGRAM CONSISTENT WITH TSTF-374 (TAC NO. MD7927)

Dear Sir or Madam:

The Commission has issued the enclosed Amendment No. 293 to Renewed Facility Operating License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant. The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated January 22,2008, as supplemented by the letters dated August 27, and October 22,2008.

The amendment modified the TS 3.8.3 requirements related to Diesel Fuel Oil, Lube Oil, and Starting Air by replacing the specific fuel oil and lube oil storage values with the corresponding number of days supply. The specific values would be relocated to a licensee-controlled document (i.e., theTS Bases). It also expanded the "clear and bright" test in TS 5.5.10 by allowing a water and sediment test to be performed to establish the acceptability of new fuel oil prior to addition to the storage tanks.

A copy of the related Safety Evaluation is enclosed. A Notice of Issuance will be included in the Commission's next regular biweekly Federal Register notice.

Sincerely,

/raj Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333

Enclosures:

1. Amendment No. 293 to DPR-59
2. Safety Evaluation cc w/encls: Distribution via ListServe DISTRIBUTION:

PUBLIC LPL1-1 R/F RidsNrrDorlLpl-1 RidsOGCMailCenter RidsNrrDirsltsb RidsAcrsAcnwMailCenter RidsNrrPMBVaidya(paper copy) MGray, RI RidsNrrLASLittle (paper copy) RidsNrrDciCsgb(AHiser) RidsNrrDciCptb(JMchale)

ADAMS Accession No""" Amendment No" "" ML083400161 *See memo dated 11/5/08 OFFICE LPL1-1\PM LPL1-1\LA CSGB/BC CPTB/BC SBPB/BC NAME B. K. Vaidva SLittie AHiser JMcHale* DHarrison DATE 12/12/08 12/11/08 12/19/08 11/5/08 1/6/09 OFFICE EEEB/BC ITSB/BC OGC LPL1-1\BC NAME GWilson REliiot LSubin MKowal DATE 12/16/08 1/5/09 1/14/09 1/21/09 Official Record Copy