ML20069L042

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Application for Amend to License DPR-59,removing License Condition 2.E to Eliminate Duplication of Regulating Authority by Govt Agencies of Same Activity
ML20069L042
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 06/13/1994
From: Josiger W
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:
Shared Package
ML20069L034 List:
References
NUDOCS 9406170165
Download: ML20069L042 (10)
v • d • e


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4 BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION l

in the matter of ) l NEW YORK POWER AUTHORITY ) Docket No. 50-333 James A. FitzPatrick Nuclear Power Plant )

APPLICATION FOR AMENDMENT TO OPERATING LICENSE ,

The New York Power Authority requests an amendment to the Facility Operating License DPR-59 for the James A. FitzPatrick Nuclear Power Plant. This application is filed in accordance with Section 10 CFR 50.90 of the Nuclear Regulatory Commission's regulations.

This application for an amendment to the James A. FitzPatrick Operating License

  • proposes to remove license condition 2.E. This condition applies to the construction cleanup, restoration, and maintenance of transmission lines. It incorporated into the i Operating License the requirements of U. S. Department of Interior publication

" Environmental Criteria for Electric Transmission Systems"- 1970. The goal of this standard is to " safeguard aesthetic and environmental values within the constraints ,

imposed by the current state of high-voltage transmission technology." These  :

requirements are unrelated to nuclear safety.

Removing this condition from the FitzPatrick Operating License eliminates duplication of regulating authority by government agencies of the same activity.

The signed original of the Application for Amendment to Operating License is enclosed for filing. Attachments I,11, and lll to this application contain the proposed changes to the -

Operating License, the associated Safety Evaluation, and a mark-up of the current Operating License page.

New York Po er Authority i M N%r W)ill rd. osi tting Ex ut' e Vice President Nuclear eneration STATE OF NEW YORK ,

COUNTY OF WESTCHESTER Subscribed and s orn to before me this /3" day of ef 1994.

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l fotary Public GERALDINE STRAND Notary Public, Stees of NewMwit No.4001272 Quellnedin Wesechesser Conwa Commission Egwee Jan. 27,1dy 9406170165 940613' DR ADOCK 05000333 PDR

i ATTACHMENT I to JPN-94-028 l i

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Proposed Changes to Operating License Removal of License Condition 2.E (JPTS-93-013) i f

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New York Power Authority JAMES A. FITZPATRICK NUCLEAR POWER PLANT Docket No. 50-333 )

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D. Physical Protection x

The licensee shall fully implement and maintain in effect all provisions of the m Commission-approved physical security, guard training and qualification, and 5 safeguards contingency plans including amendments made pursuant to provisions of

  • The plans, which contain Safeguards Information protected under 10 CFR 73.21, are [ ,

entitled: "FitzPatrick Modified Amended Security Plan," with revisions submitted a-  ;

through March 7,1988; "FitzPatrick Modified Amended Security Force Training and Qualification Plan," with revisions submitted through April 10,1985; and "FitzPatrick  ;

Security Contingency Plan," with revisions submitted through June 20,1980. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the .[

schedule set forth therein.

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ATTACHMENT ll to JPN-94-028 i

i Safety Evaluation Reaardina Prooosed Chanaes to Ooeratina License  ;

Removal of License Condition 2.E (JPTS-93-013) i l

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New York Power Authority JAMES A. FITZPATRICK NUCLEAR POWER PLANT j Docket No. 50-333

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Attachment il to JPN-94-028 SAFETY EVALUATION Page 1 of 4

1. DESCRIPTION OF THE PROPOSED CHANGES This application for an amendment to the James A. FitzPatrick Operating License proposes to revise page 4 by removing license condition 2.E which reads:

E. This license is subject to the following conditions for the protection of the environment:

(1) The licensee will conduct transmission line construction cleanup, restoration, and maintenance in accordance with criteria set forth in the U. S. Department of the Interior Publication " Environmental Criteria for _

Electric Transmission Systems" - 1970. [

ll. PURPOSE OF THE PROPOSED CHANGES  !

The purpose of the proposed change is to reduce duplication of regulating authority by several government agencies of the same activity. Implementing the proposed change will eliminate the need to apply NRC quality assurance requirements to the activities covered by this license condition. .

Ill. SAFETY IMPLICATION OF THE PROPOSED CHANGES ,

Condition 2.E of the James A. FitzPatrick Operating License applies to the construction )

cleanup, restoration, and maintenance of transmission lines. The condition incorporated into the Operating License the requirements of U. S. Department of Interior publication, " Environmental Criteria for Electric Transmission Systems" - 1970, i (Reference 1). The goal of this standard is to " safeguard aesthetic and environmental .

values within the constraints imposed by the current state of high-voltage transmission i technology." The standard is limited to the preservation and enhancement of natural  ;

beauty and the conservation of natural resources associated with high-voltage transmission line right-of-ways. The applicable right-of-ways are those associated with the two 345 kV transmission lines at the James A. FitzPatrick Plant: the FitzPatrick-Edic line and the FitzPatrick-Scriba line.

The requirements imposed by license condition 2.E are unrelated to nuclear safety, and outside the scope of the Atomic Energy Act of 1954, and the Commission's rules and regulations set forth in Title 10, Chapter 1, of the Code of Federal Regulations.

The FitzPatrick Technical Specifications do not address the 345 kV lines right-of-ways.

There is no guidance provided by the NRC in the Standard Technical Specifications (Reference 2) for the maintenance of transmission line right-of ways. There is no NRC inspection procedure on environmental aspects of transmission lines.

1 Attachment 11 to JPN-94-028 l

SAFETY EVALUATION i Page 2 of 4 l The 345 kV lines deliver power to the New York Power Pool transmission grid and can provide an alternate source of offsite AC power to plant auxilicries during plant shutdowns. Plant accident analyses assume offsite power is unavailable. Removing this condition from the license does not change the conclusions of the accident analyses.

The Authority's Environmental Programs Division developed a plan, " Generic Transmission Line Right-of-Way Management" (Reference 3), to manage all of the Authority's transmission lines. The requirements imposed by the plan on the FitzPatrick transmission line right-of-ways exceed those of the U. S. Department of Interior publication referenced in license condition 2.E in both scope and details.

In addition, the Authority's transmission lines are subject to regulation by other State and Federal agencies. The principal agencies with jurisdiction over right-of-ways management of the Authority's transmission lines include: the New York State Department of Environmental Conservation (DEC), and the U. S. Environmental Protection Agency (EPA).

Technical Specification 6.5.2.8.a requires auditing of operational activities contained within the Technical Specifications and applicable license conditions. This audit requirement applies to safety related functions only. Condition 2.E is not an

" applicable" license condition considering the non-nuclear safety nature of the activity ;

identified, and has not been subject to the audit requirements of Section 6.5.2.8.a.

Removal of this license condition will not affect operation of safety related structures, systems or components nor affect the quality assurance program at the FitzPatrick plant.

Condition 2.E addresses the preservation of the environment and natural resources.

Removing this condition from the Facility Operating License has no bearing on plant safety or the health and safety of the public considering its non-nuclear safety nature.

t IV. EVALUATION OF SIGNIFICANT HAZARDS CONSIDERATION .

Operation of the FitzPatrick plant in accordance with the proposed Amendment would not involve a significant hazards consideration as defined in 10 CFR 50.92, since it would not:

1. involve a significant increase in the probability or consequences of an accident -

previously evaluated.

The proposed change will remove a license condition unrelated to nuclear safety.

License condition 2.E incorporated into the Operating License the requirements of ,

U. S. Department of Interior publication " Environmental Criteria for Electric i Transmission Systems" - 1970. The goal of this standard is to " safeguard aesthetic t

4 Attachment Il to JPN-94-028 SAFETY EVALUATION Page 3 of 4 i

and environmental values within the constraints imposed by the current state of high-voltage transmission technology." License condition 2.E addresses the preservation of the environment and natural resources. Removing this condition from the Facility Operating License has no bearing on plant safety or the health and safety of the public considering its non-nuclear safety nature. The transmission line right-of-ways maintained by the Authority are subject to regulation by other State and Federal >

agencies. Removal of this license condition will not affect operation of safety related structures, systems or components nor affect the quality assurance program at the FitzPatrick plant. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. ,

2. create the possibility of a new or different kind of accident from any accident previously evaluated.

License condition 2.E of the James A. FitzPatrick Plant Operating License applies to {

the construction cleanup, restoration, and maintenance of transmission lines. The  ;

Authority's transmission lines are managed under guidelines based on the " Generic Transmission Line Right-of-Way Management" plan requirements. The requirements imposed by the plan on the FitzPatrick transmission line right-of-ways exceed those of i

the U. S. Department of Interior publication referenced in license condition 2.E in both scope and details. Therefore, implementing the proposed change will not create the i possibility of a new or different kind of accident from any accident previously evaluated. .;

3. involve a significant reduction in a margin of safety.

E License condition 2.E of the James A. FitzPatrick Operating License applies to the construction cleanup, restoration, and maintenance of transmission lines. The requirements imposed by this license condition are unrelated to nuclear safety.

Continued operation of the plant without Condition 2.E does not involve a significant - i reduction in any margin of safety.

I V. IMPLEMENTATION OF THE PROPOSED CHANGE implementation of the proposed changes will not adversely affect the ALARA or Fire Protection Programs at the FitzPatrick plant, nor will the changes affect the environment because the Authority's plan (Reference 3) to manage the lines imposes requirements which exceed those of the U. S. Department of Interior publication  !

referenced in license condition 2.E in both scope and details.

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Attachment ll to JPN-94-028 SAFETY EVALUATION Page 4 of 4  !

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i VI. CONCLUSION l

The changes, as proposed, do not constitute an unreviewed safety question as defined in 10 CFR 50.59. That is, they: l

1. will not increase the probability nor the consequences of an accident or malfunction of equipment important to safety as previously evaluated in the Safety Analysis Report;
2. will not create the possibility of an accident or malfunction of a type different from any previously evaluated in the Safet, Analysis Report;
3. will not reduce the margin of safety as defined in the basis for any technical specification; and 4 involve no significant hazards consideration, as defined in 10 CFR 50.92.

Vll. REFERENCES

1. U. S. Department of the Interior Publication, " Environmental Criteria for Electric Transmission Systems" - 1970.
2. NUREG-1433, Standard Technical Specifications, BWR/4, Revision 0, dated September 28,1992.
3. " Generic Transmission Line Right-of-Way Management" prepared by NYPA's Environmental Programs Division - 1982.

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l ATTACHMENT 111 to JPN-94-028 l 1

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Markun of the current Ooeratina License naae (JPTS-93-013) i

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l New York Power Authority '

JAMES A. FITZPATRICK NUCLEAR POWER PLANT Docket No. 50-333 l

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D. Physical Protection The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency y plans including amendments made pursuant to provisions of M the Miscellaneous Amendments and Search Requirements re-visions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the 2 authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, E which contain Safeguards Information protected under 10 CFR 8 73.21, are entitled: "FitzPatrick Modified Amended Security Plan," with revisions submitted through March 7, 1988; [

a "FitzPatrick Modified Amended Security Force Training and Qualification Plan," with revisions submitted through April 10, 1985 and "FitzPatrick Security Contingency Plan," with revisions submitted through June 20, 1980. Changes made in accordance with 10 CFR 73.55 shall be implemented in accor-dance with the schedule set forth therein.

[1E This license is subject to the following conditions for the protection of the environment:

) (1) The licensee will conduct transmission line construc-f tion cleanup, restoration, and maintenance in accor-dance with criteria set forth in the U.S. Department of the Interior Publication " Environmental Criteria for Electric Transmission Systems" - 1970.

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