L-2009-011, Submittal of License Amendment Request for Adoption of TSTF-511, Rev 0, Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26

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

ML090500397
Person / Time
Site:	Saint Lucie
Issue date:	02/12/2009
From:	Johnston G Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-2009-011
Download: ML090500397 (14)

Text

Florida Power & Light Company, 6501 S. Ocean Drive, Jensen Beach, FL 34957 February 12, 2009 FPL L-2009-011 10 CFR 50.90 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 RE:

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 License Amendment Request for Adoption of TSTF-5 11, 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), Florida Power and Light (FPL) is submitting a request for an amendment to theTechnical Specifications (TSs) for St. Lucie Units 1 and 2.

The proposed amendment would delete those portions of TSs superseded by 10 CFR Part 26, Subpart I. This change is consistent with NRC approved Revision 0 to Technical Specification Task Force (TSTF) Improved Standard Technical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-5 11, "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 pages marked up to show the proposed change. Attachment 3 provides the proposed TS changes in final typed format. Attachment 4 provides the regulatory commitment.

FPL requests approval of the proposed license amendment by August 31, 2009, to support implementation of TS changes concurrent with implementation of the new 10 CFR 26, Subpart I requirements by October 1, 2009. This letter contains one regulatory commitment as identified in Attachment 4.

In accordance with 10 CFR 50.91, a copy of this application, with attachments, is being provided to the designated State Official. If you should have any questions regarding this submittal, please contact Ken Frehafer at (772) 467-7748.

an FPL Group company

L-2009-011 Page 2 of 2 I declare under penalty of perjury that the foregoing is true and correct.

Executed on the _

day of 2009.

Sincerely; Gordon L. Johnston Site Vice President St. Lucie Plant GLJ/KWF Attachments:

1. Evaluation of Proposed Change

2. Proposed Technical Specification Change (Mark-Up)

3. Proposed Technical Specification Change (Re-Typed)

4. List of Regulatory Commitments cc: Mr. William A. Passetti, Florida Department of Health

St. Lucie Units 1 and 2 L-2009-011 Docket Nos. 50-335 and 50-389 Page 1 of 5 Evaluation of Proposed Change License Amendment Request for Adoption of TSTF-5 11, Revision 0, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26."

1.0 Description 2.0 Proposed Change

3.0 Background

4.0 Technical Analysis 5.0 Regulatory Safety Analysis 5.1 No Significant Hazards Determination 5.2 Applicable Regulatory Requirements/Criteria 6.0 Environmental Consideration 7.0 References

1.0 DESCRIPTION

The proposed amendment would delete those portions of Technical Specifications (TSs) 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-5 11, "Eliminate Working Hour Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26." Minor differences between the proposed plant specific TS changes, and the changes proposed by TSTF-511 are listed in Section 2.0.

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-5 11, the proposed TS changes delete those portions of TSs superseded by 10 CFR Part 26, Subpart I. This application is being made in accordance with the CLIIP. The St. Lucie custom TSs contain work hour requirements in paragraph f of TS 6.2.2 instead of TS 5.2.2.d as found in the Combustion Engineering Standard TSs. The minor variations from the TS changes described in TSTF-5 11, Revision 0, remain bounded by the NRC staff s model safety evaluation (SE) published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability and are necessitated by the custom nature of the St. Lucie TSs.

St. Lucie Units 1 and 2 L-2009-011 Docket Nos. 50-335 and 50-389 Page 2 of 5

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 supersede working hour restrictions contained in paragraph f of TS 6.2.2. 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

FPL has reviewed the SE published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. FPL has concluded that the technical justifications presented in the SE prepared by the NRC staff are applicable to St. Lucie Units 1 and 2.

10 CFR Part 26, Subpart I, supersedes existing worker fatigue guidance. 10 CFR Part 26, Subpart I, distinguishes between work hour controls and fatigue management and strengthens the requirements for both.

Under the new 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 a 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 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 TSs.

Removal of the Technical. Specification requirements will be performed concurrently with the implementation of the 10 CFR Part 26, Subpart I, requirements, even if the Technical Specification change is implemented prior to the October 1, 2009 deadline.

Along with this LAR, FPL has submitted a commitment to comply with 10 CFR Part 26 concurrently with the implementation of the Technical Specification change.

St. Lucie Units 1 and 2 L-2009-011 Docket Nos. 50-335 and 50-389 Page 3 of 5 5.0 REGULATORY SAFETY ANALYSIS 5.1 NO SIGNIFICANT HAZARDS DETERMINATION FPL has reviewed the no significant hazards determination published on December 30, 2008 (73 FR 79923) as part of the CLIIP Notice of Availability. FPL has concluded that the determination presented in the notice is applicable to St. Lucie Units 1 and 2.

FPL has evaluated the proposed changes to the TSs 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 Proposed Change Does Not Involve a Significant Increase in the Probability or 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 the 10 CFR Part 26, Subpart I, requirements. The proposed change does not impact the physical configuration 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.

Criterion 2: The Proposed Change Does Not Create the Possibility of a New or Different Kind of Accident From Any 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. 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

St. Lucie Units 1 and 2 L-2009-011 Docket Nos. 50-335 and 50-389 Page 4 of 5 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.

Criterion 3: 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 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. 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, FPL 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 consideration" 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).

FPL 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 St. Lucie Units 1 and 2.

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

10 CFR Part 26, Subpart I, "Managing Fatigue," contains requirements for managing worker fatigue at operating nuclear power plants. 10 CFR 50.36 provides, among other things, the regulatory requirements for the content in the Administrative Controls section

St. Lucie Units 1 and 2 L-2009-011 Docket Nos. 50-335 and 50-389 Page 5 of 5 of the TSs. 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, Subpart I, it is unnecessary for the TSs to contain similar controls.

6.0 ENVIRONMENTAL CONSIDERATION

FPL 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. FPL has concluded that the staff' s findings presented in that evaluation are applicable to St. Lucie Units 1 and 2. The proposed amendment changes recordkeeping, reporting, or administrative procedures. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). 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.

7.0 REFERENCES

1. Federal Register Notice, Final Rule 10 CFR Part26 published on March 31, 2008.

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

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

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2009-011 Page 1 of 3 Proposed Technical Specification Change (Mark-Ups)

Unit 1 Page 6-5 Unit 2 Page 6-2

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2009-011 Page 2 of 3 6.0 ADMINISTRATIVE CONTROLS 1.

DELEf ED.

.0 ADMIITATIECNRL ijetrotiva nracdra tho.a d.aoa aI im.mnc to li. th zkino.

haurc of peFrcoR-nl vto perfeFrm zaft' ratdf natin (eg., lizancad arejrie r.a.t.r

• p..arat.

(91Rc), l..cnc.d reaat..r.p.ratr.

(1406), health phycii6,.

auldWiar;y OpOratrc In ka mantnanec parcarnrl). The adMinictatv Praeedura ahal i"ld guidelinas er YWarking haura that eaS-ura that adequate shif e r ag a ho maitAiad-1ithaut rautirAf heaag usa of ovortFmo.

.Any dovi.tion from tho ahoy. guid..incc. Shall bo. authr.d by thO plant n.gor Or the plant m.an.aOgcr. dccignco, in n.

ordon.. Vith1 appro..

d admFinictrti..

proceduFrac, and ;wi-th daoumontation of tha bocic for granting tho doviotion.

Contrclc chanl bo Aincludod in the prNdrt OquRo a pcriodio indcpondcnt rovioWb co Gnductnd to oncureF thant oxaccgipo hou-rc hAYo not boon accignod.

Routina -doviation fromA the wor~king hourF guidclines choll not boe aughnori-d.

g.

The operations supervisor shall hold a Senior Reactor Operator license.

SHIFT TECHNICAL ADVISOR FUNCTION 6.2.3 An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This individual shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.

ST. LUCIE - UNIT 1 6-5 Amendment No. 0N, 93, -45,

426, 48&,

485,400

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 A f AflMINIJTRAT1VF= CONTRC)L L-2009-011 Page 3 of 3 6.2 ORGANIZATION (Continued)

UNIT STAFF 6.2.2 The unit organization shall be subject to the following:

a.

Each on duty shift shall be composed of at least the minimum shift crew.

composition shown in Table 6.2-1.

b.

DELETED

c.

A health physics technician0 shall be on site when fuel is in the reactor.

d.

Either a licensed SRO or licensed SRO limited to fuel handling who has no concurrent responsibilities during this operation shall be present during fuel handling and shall directly supervise all CORE ALTERATIONS.

e.

DELETED DELETED Adminictrativo procoduroS shall be dovolopod and imRplomcntod to limit tho 2%rking MoUrc Of porconnol W14 po~fSAr cafot,' rolatod funRiOn (og., Iiocnoo conior roa.t.r oporator. (81496), lio.......

roa.t.r pr-.atoro (RO.), h..alth phyiiosto, auxilbr,' oporatorc. and koey mfaiRtonan: peORconno). Tho admiriotrott**:

procoduroc shall inoludo guidolinoc On Workin Our that oncro tatdoqat

...ft g o l to iti d

th t

t he v use

.f Any do':iation fromA the abovo gu slio hall be authorizcd by thc plant

~aniagor or the plant m

.anagorc^

do.ignoa, in azo.rdano:

Ath approvod admirnictrat ivo ro.du

, a..d th ou na On of tho fr granting tho doviation.

Contrlos shall bo inoludod in tho proooduros to rcquiro a poricdio indopondont ro'ioW to8 oonduated t*o orour that ooo*cx,-i h.urc. ha8o not boon occignod.

Routino do-lotion 4fro tho work~ing hour guidolinoo oMh alnt bo authorlood.

g.

The operations supervisor shall hold a Senior Reactor Operator License.

1. The health physics technician may be less than the minimum requirement 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 accomimodate unexpected absence, provided immediate action is taken to fill the required positions.

ST. LUCIE - UNIT 2 6-2 Amendment No. 2-, 65, 65, P,3424, 446

St. Lucie Units 1 and 2 DocketNos. 50-335 and 50-389 L-2009-011 Page 1 of 3 Proposed Technical Specification Change (Re-Typed)

Unit 1 Page 6-5 Unit 2 Page 6-2

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2009-011 Page 2 of 3 6.0 ADMINISTRATIVE CONTROLS

f.

DELETED

g.

The operations supervisor shall hold a Senior Reactor Operator license.

SHIFT TECHNICAL ADVISOR FUNCTION 6.2.3 An individual shall provide advisory technical support to the unit operations shift crew in the areas of thermal hydraulics, reactor engineering, and plant analysis with regard to the safe operation of the unit. This individual shall meet the qualifications specified by the Commission Policy Statement on Engineering Expertise on Shift.

ST. LUCIE - UNIT 1 6-5 Amendment No. 6,, 3,-445, 426, 4-55,485, 499.

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 6.0 ADMINISTRATIVE CONTROLS 6.2 ORGANIZATION (Continued)

UNIT STAFF L-2009-011 Page 3 of 3 6.2.2 The unit organization shall be subject to the following:

a.

Each on duty shift shall be composed of at least the minimum shift crew composition shown in Table 6.2-1.

b.

DELETED

c.

A health physics technician* shall be on site when fuel is in the reactor.

d.

Either a licensed SRO or licensed SRO limited to fuel handling who has no concurrent responsibilities during this operation shall be present during fuel handling and shall directly supervise all CORE ALTERATIONS.

e.

DELETED

f.

DELETED

g.

The operations supervisor shall hold a Senior Reactor Operator License.

1. The health physics technician may be less than the minimum requirement 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, provided immediate action is taken to fill the required positions.

ST. LUCIE - UNIT 2 6-2 Amendment No. ---, 65,6,93, 4-28,

446,

St. Lucie Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2009-011 Page 1 of 1 List of Regulatory Commitments Commitment Removal of the plant-specific 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.