ML062980278

Revision of Emergency Action Levels in Radiological Emergency Response Plan - Letter and Safety Evaluation

ML062980278
Person / Time
Site:	Callaway
Issue date:	11/08/2006
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Naslund C Union Electric Co
Donohew J N, NRR/DORL/LP4, 415-1307
References
TAC MD3192
Download: ML062980278 (7)

Text

November 8, 2006 Mr. Charles D. Naslund Senior Vice President and Chief Nuclear Officer Union Electric Company Post Office Box 620 Fulton, MO 65251

SUBJECT:

CALLAWAY PLANT, UNIT 1 - REVISION OF EMERGENCY ACTION LEVELS IN RADIOLOGICAL EMERGENCY RESPONSE PLAN (TAC NO. MD3192)

Dear Mr. Naslund:

By letter dated October 3, 2006 (ULNRC-05336), as supplemented by letter dated October 24, 2006 (ULNRC-05339), Union Electric Company (UEC) requested approval of a change to Emergency Action Levels (EALs) 3I and 3J of the Radiological Emergency Response Plan for the Callaway Plant, Unit 1 (Callaway). The changes to the EALs will prevent unnecessary declarations of Unusual Events and Alerts at Callaway; however, because UEC considered the changes a reduction in plan effectiveness, the Commission was requested, in accordance with paragraph 50.54(q) of Part 50, Domestic Licensing of Production and Utilization Facilities, of Title 10 of the Code of Federal Regulations (10 CFR 50.54(q)) to approve the changes.

As discussed in the enclosed safety evaluation, the Commission concludes that the above proposed EAL changes meet the standards of 10 CFR 50.47(b) and the requirements of Section IV.B of Appendix E to 10 CFR Part 50, and are, therefore, acceptable.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-483

Enclosure:

Safety Evaluation cc w/encl: See next page

ML062980278 OFFICE NRR/LPL4/PM NRR/LPL4/LA NSIR/LRB/BC OGC-NLO w/changes NRR/LPL4/BC NAME JDonohew LFeizollahi EWeiss BPoole DTerao DATE 11/8/06 11/8/06 10/16/06 11/8/06 11/8/06 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO CHANGES TO RADIOLOGICAL EMERGENCY RESPONSE PLAN UNION ELECTRIC COMPANY CALLAWAY PLANT, UNIT 1 DOCKET NO. 50-483

1.0 INTRODUCTION

By application dated October 3, 2006 (Reference 1), as supplemented by letter dated October 24, 2006 (Reference 2) (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML062850223 and ML063050140, respectively), the Union Electric Company (the licensee) requested changes to the emergency action levels (EALs) for the Plant Radiological Emergency Response Plan (RERP) for the Callaway Plant, Unit 1 (Callaway). The licensees proposed changes would revise the following EALs:

! Group 3 - EAL I: This EAL is being revised to conform to Nuclear Energy Institute (NEI) 99-01 Revision 4 EAL HU3, Release of Toxic or Flammable Gases Deemed Detrimental to Normal Operation of the Plant.

! Group 3 - EAL J: This EAL is being revised to conform to NEI 99-01 Revision 4 EAL HA3, Release of Toxic or Flammable Gases Within or Contiguous to a Vital Area Which Jeopardizes Operation of Systems Required to Maintain Safe Operations or Establish or Maintain Safe Shutdown.

2.0 REGULATORY EVALUATION

2.1 Regulations Paragraph (a)(1) to Section 50.47, Emergency Plans, of Part 50, Domestic Licensing of Production and Utilization Facilities, to Title 10 of the Code of Federal Regulations (10 CFR 50.47(a)(1)) states that no initial operating license for a nuclear power reactor will be issued unless a finding is made by the Nuclear Regulatory Commission (NRC) that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. Section 50.47 also establishes standards that must be met by the onsite and offsite emergency response plans for NRC staff to make a finding that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. One of these standards, 50.47(b)(4), requires that emergency plans include a standard emergency classification and action level scheme.

Section IV.B to Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, of 10 CFR Part 50 provides, among other things, that emergency plans are to include EALs to be used as criteria for determining the need for notification and participation of local and State agencies, the Commission, and other Federal agencies, and EALs to be used for determining when and what type of protective measures should be considered within and outside the site boundary (i.e., onsite and offsite) to protect health and safety. EALs are to be based on in-plant conditions and instrumentation, and on onsite and offsite monitoring.Section IV.B of Appendix E provides that initial EALs shall be discussed and agreed on by the applicant and State and local governmental authorities and be approved by the NRC. EALs are to be reviewed annually thereafter with State and local governmental authorities. In addition,Section IV.B of Appendix E requires that an EAL revision shall be approved by the NRC before implementation if it involves the following:

1. Changing from one EAL scheme to another EAL scheme (e.g., a scheme based on NUREG-0654/FEMA-REP-1 to a scheme based on NUMARC/NESP-007 or NEI 99-01),

2. Proposal of an alternate method for complying with the regulations, or

3. The EAL revision decreases the effectiveness of the emergency plan.

2.2 Guidance Revision 4 to Regulatory Guide (RG) 1.101, issued in July 2003, endorses the guidance contained in NEI 99-01, Methodology for Development of Emergency Action Levels (Revision 4, January 2003), as acceptable to the NRC staff as an alternative method to that described in the following guidance for developing EALs required in Section IV of Appendix E to 10 CFR Part 50 and 10 CFR 50.47(b)(4):

• Appendix 1 to NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (November 1980), and

• Nuclear Utilities Management Council (NUMARC) NESP-007, Methodology for Development of Emergency Action Levels (Revision 2, January 1992).

Regulatory Issue Summary (RIS) 2003-18, Use of NEI 99-01, Methodology for Development of Emergency Action Levels, dated October 8, 2003, (as well as Supplements 1 and 2 thereto, dated July 13, 2004, and December 12, 2005, respectively), provides guidance for developing or changing a standard emergency classification and action level scheme. In addition, this RIS provided recommendations to assist licensees, consistent with Section IV.B to Appendix E of Part 50, in determining whether to seek prior NRC approval of deviations from the new guidance.

3.0 TECHNICAL EVALUATION

The licensee evaluated the proposed revisions to the Callaway RERP EALs and determined that the revisions would constitute a decrease in the effectiveness of the RERP. As such, it

submitted the proposed EAL changes to the NRC (Reference 1) for approval prior to implementation as required under Section IV.B to Appendix E of Part 50 and 10 CFR 50.54(q).

The licensees application is consistent with the guidance set forth in RIS 2003-01.

The following evaluation by the NRC staff is based on the proposed revision to the EALs in the licensees application and supplemental letter (Reference 2), which responded to the NRCs request for additional information.

Callaway utilizes an EAL scheme based upon NESP-007, Methodology for Development of Emergency Action Levels (Revision 2, January 1992).

The Group 3 EAL I, Release of Toxic or Flammable Gases Deemed Detrimental to Normal Operation of the Plant, is being revised by the licensee to conform to NEI 99-01 (Revision 4),

EAL HU3. This EAL is conservative because, as stated by the licensee, the EAL initiating condition for release of toxic or flammable gases is reached at a lower initiating level than that set forth in NEI 99-01, Revision 4, which in effect directs the licensee to declare an emergency event sooner than is necessary or required during normal plant operations involving toxic or flammable gases. Because this conservatism is not required by the regulations and requires the licensee to declare events sooner than is necessary, the licensee is seeking relief by requesting a change to remove the conservatism and have the EAL conform to the wording set forth in NEI 99-01 (Revision 4), which was endorsed by NRC in RG 1.101, Revision 4.

The Group 3 EAL J, Release of Toxic or Flammable Gases Within or Contiguous to a Vital Area Which Jeopardizes Operation of Systems Required to Maintain Safe Operations or Establish or Maintain Safe Shutdown, is being revised to conform to NEI 99-01 (Revision 4),

EAL HA3. This EAL is conservative because, as stated by the licensee and discussed above, the EAL initiating condition for release of toxic or flammable gases is reached at a lower initiating level than that set forth in NEI 99-01, Revision 4, which in effect directs the licensee to declare an emergency event sooner than is necessary or required during normal plant operations involving toxic or flammable gases. Because this conservatism is not required by the regulations and requires the licensee to declare events sooner than is necessary, the licensee is seeking relief by requesting a change to conform to the wording set forth in NEI 99-01 (Revision 4), which, as stated above, was endorsed by NRC.

Based on the above discussion, the NRC staff concludes that the proposed changes only remove conservatisms in the existing EALs to adopt EALs that are consistent with NEI 99-01 (Revision 4), which has been endorsed by NRC.

4.0 CONCLUSION

The NRC staff performed a review of the proposed changes to the Callaway EALs described in Reference 1, as supplemented by Reference 2, and determined they are consistent with the guidance of NEI 99-01, Revision 4, which has been endorsed by NRC. As such, the NRC staff concludes that the proposed EAL changes meet the requirements of 10 CFR 50.47(b) and Section IV.B of Appendix E to 10 CFR Part 50 and are, therefore, acceptable.

5.0 REFERENCES

1. Letter Number ULNRC-05336 from Union Electric Company to the NRC, Emergency Preparedness, dated October 3, 2006, licensees application (ADAMS Accession No. ML062850223).

2. Letter Number ULNRC-05339 from Union Electric Company, Emergency Preparedness EAL Revision, dated October 24, 2006, response to request for additional information (ADAMS Accession No. ML063050140).

3. Nuclear Utilities Management Council (NUMARC) document, entitled NESP-007, Methodology for Development of Emergency Action Levels, Revision 2, dated January 1992 (ADAMS Accession No. ML041120174).

4. NEI 99-01, Methodology for Development of Emergency Action Levels, Revision 4, dated January 2003 (ADAMS Accession No. ML041470143).

5. Emergency Planning and Preparedness for Nuclear Power Reactors, Regulatory Guide 1.101, Revision 4 (ADAMS Accession No. ML032020276).

Principal Contributor: Don Johnson Date: November 8, 2006

Callaway Plant, Unit 1 cc:

Professional Nuclear Consulting, Inc. Mr. Dan I. Bolef, President 19041 Raines Drive Kay Drey, Representative Derwood, MD 20855 Board of Directors Coalition for the Environment John ONeill, Esq. 6267 Delmar Boulevard Pillsbury Winthrop Shaw Pittman LLP University City, MO 63130 2300 N. Street, N.W.

Washington, D.C. 20037 Mr. Lee Fritz, Presiding Commissioner Callaway County Court House Mr. Keith A. Mills, Supervising Engineer 10 East Fifth Street Regional Regulatory Affairs/Safety Analysis Fulton, MO 65151 AmerenUE P.O. Box 620 Mr. David E. Shafer Fulton, MO 65251 Superintendent, Licensing Regulatory Affairs U.S. Nuclear Regulatory Commission AmerenUE Resident Inspector Office P.O. Box 66149, MC 470 8201 NRC Road St. Louis, MO 63166-6149 Steedman, MO 65077-1302 Manager, Regulatory Affairs Mr. Les H. Kanuckel AmerenUE Manager, Quality Assurance P.O. Box 620 AmerenUE Fulton, MO 65251 P.O. Box 620 Fulton, MO 65251 Mr. Keith G. Henke, Planner Division of Community and Public Health Missouri Public Service Commission Office of Emergency Coordination Governor Office Building 930 Wildwood P.O. Box 570 200 Madison Street Jefferson City, MO 65102 Jefferson City, MO 65102-0360 Certrec Corporation Regional Administrator, Region IV 4200 South Hulen, Suite 630 U.S. Nuclear Regulatory Commission Fort Worth, TX 76109 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Director, Missouri State Emergency Management Agency Mr. H. Floyd Gilzow P.O. Box 116 Deputy Director for Policy Jefferson City, MO 65102-0116 Missouri Department of Natural Resources P. O. Box 176 Jefferson City, MO 65102-0176 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KA 66839