[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Notices]
[Pages 25664-25667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-11840]


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NUCLEAR REGULATORY COMMISSION


Notice of Availability of Model Application Concerning Technical 
Specification Improvement To Eliminate Post Accident Sampling 
Requirements for Babcock and Wilcox Reactors Using the Consolidated 
Line Item Improvement Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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SUMMARY: Notice is hereby given that the staff of the Nuclear 
Regulatory Commission (NRC) has prepared a model application relating 
to the elimination of post accident sampling requirements for Babcock 
and Wilcox (B&W) Reactors. The purpose of this model is to permit the 
NRC to efficiently process amendments that propose to remove 
requirements for Post Accident Sampling Systems (PASS) from Technical 
Specifications (TS). Licensees of nuclear power reactors to which the 
model applies may request amendments utilizing the model application.

DATES: The NRC staff issued a Federal Register Notice (68 FR 10052, 
March 3, 2003) which provided a model safety evaluation (SE) and a 
model no significant hazards consideration (NSHC) determination 
relating to elimination of requirements for PASS for B&W Reactors. The 
NRC staff hereby announces that the model SE and NSHC determination may 
be referenced in plant-specific applications to eliminate requirements 
for post accident sampling. The staff has posted a model application on 
the NRC web site to assist licensees in using the consolidated line 
item improvement process (CLIIP) to eliminate PASS-related TS. The NRC 
staff can most efficiently consider applications based upon the model 
application if the application is submitted within a year of this 
Federal Register Notice.

FOR FURTHER INFORMATION CONTACT: Robert Dennig, Mail Stop: O-12H4, 
Division of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone 301-415-1156.

SUPPLEMENTARY INFORMATION: 

Background

    Regulatory Issue Summary 2000-06, ``Consolidated Line Item 
Improvement Process for Adopting Standard Technical Specification 
Changes for Power Reactors,'' was issued on March 20, 2000. The CLIIP 
is intended to improve the efficiency of NRC licensing processes. This 
is accomplished by processing proposed changes to the standard 
technical specifications (STS) in a manner that supports subsequent 
license amendment applications. The CLIIP includes an opportunity for 
the public to comment on proposed changes to the STS following a 
preliminary assessment by the NRC staff and finding that the change 
will likely be offered for adoption by licensees. The CLIIP directs the 
NRC staff to evaluate any comments received for a proposed change to 
the STS and to either reconsider the change or to proceed with 
announcing the availability of the change for proposed adoption by 
licensees. Those licensees opting to apply for the subject change to TS 
are responsible for reviewing the staff's evaluation, referencing the 
applicable technical justifications, and providing any necessary plant-
specific information. Each amendment application made in response to 
the notice of availability will be processed and noticed in accordance 
with applicable rules and NRC procedures.
    This notice involves the elimination of requirements for PASS and 
related administrative controls in TS for B&W Reactors. This proposed 
change was proposed for incorporation into the STS by the B&W Owners 
Group (BWOG) participants in the Technical Specification Task Force 
(TSTF) and is designated TSTF-442. TSTF-442 is supported by the NRC 
staff's SE dated November 14, 2002 (ADAMS Accession Number 
ML0225601190), for the BWOG topical report BAW-2387, ``Justification 
for the Elimination of the Post Accident Sampling System (PASS) from 
the Licensing Basis of Babcock and Wilcox Plants,'' which was submitted 
to the NRC on June 25, 2001. The BWOG request followed the staff's 
approval of similar requests for elimination of PASS requirements from 
the Combustion Engineering Owners Group (CEOG), the

[[Page 25665]]

Westinghouse Owners Group (WOG), and the Boiling Water Reactor Owners 
Group (BWROG). TSTF-442 can be viewed on the NRC Web site: 
(www.nrc.gov/reactors/operating/licensing/techspecs/changes-issued-for-
adoption.html).

Applicability

    This proposed change to remove requirements for PASS from TS (and 
other elements of the licensing bases) is applicable to B&W Reactors.
    To efficiently process the incoming license amendment applications, 
the staff requests each licensee applying for the changes addressed by 
TSTF-442 using the CLIIP to address the following plant-specific 
verifications and regulatory commitments. The CLIIP does not prevent 
licensees from requesting an alternative approach or proposing the 
changes without the requested verifications and regulatory commitments. 
Variations from the approach recommended in this notice may, however, 
require additional review by the NRC staff and may increase the time 
and resources needed for the review. In making the requested regulatory 
commitments, each licensee should address: (1) That the subject 
capability exists (or will be developed) and will be maintained; (2) 
where the capability or procedure will be described (e.g., severe 
accident management guidelines, emergency operating procedures, 
emergency plan implementing procedures); and (3) a schedule for 
implementation. The amendment request need not provide details about 
designs or procedures.
    Each licensee should verify that it has, and make a regulatory 
commitment to maintain (or make a regulatory commitment to develop and 
maintain):
    a. A capability for classifying fuel damage events at the Alert 
level threshold (typically this is 300 [mu]Ci/ml dose equivalent 
iodine). This capability may use a normal sampling system or 
correlations of letdown line dose rates to coolant concentrations;
    b. Contingency plans for obtaining and analyzing highly radioactive 
samples from the reactor coolant system, containment sump, and 
containment atmosphere; and
    c. Offsite capability to monitor radioactive iodines.

Public Notices

    In a notice in the Federal Register dated March 3, 2003 (68 FR 
10052), the staff requested comment on the use of the CLIIP to process 
requests to delete post-accident sampling requirements from B&W 
Reactors. The staff had previously issued notices of availability on 
the use of the CLIIP to process requests to delete post-accident 
sampling requirements from plants with Westinghouse and Combustion 
Engineering designs (65 FR 65018, October 31, 2000) and BWR designs (67 
FR 13027, March 20, 2002). The notice of availability for Westinghouse 
and Combustion Engineering plants followed the staff's disposition of 
comments received in response to a notice requesting comment (65 FR 
49271, August 11, 2000). The notice of availability for BWR plants 
followed the staff's disposition of comments received in response to a 
notice requesting comment (66 FR 66949, December 27, 2001). Each 
request to eliminate PASS requirements by licensees for Westinghouse, 
CE, and BWR plants using the CLIIP has also included notices prior to 
issuance of the subject license amendments and upon issuance.
    TSTF-442, as well as the NRC staff's safety evaluation and model 
application, may be examined, and/or copied for a fee, at the NRC's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland. Publicly available records are 
accessible electronically from the ADAMS Public Library component on 
the NRC Web site, (the Electronic Reading Room).
    The staff did not receive comments following the notice soliciting 
comments about modifying the TS requirements regarding post accident 
sampling for B&W Reactors.
    As described in the model application prepared by the staff, 
licensees may reference in their plant-specific applications to 
eliminate PASS-related TS the SE and NSHC determination previously 
published in the Federal Register (68 FR 10052, March 3, 2003).

    Dated at Rockville, Maryland, this 6th day of May 2003.

    For the Nuclear Regulatory Commission.
Robert L. Dennig,
Section Chief, Technical Specifications Section, Operating Reactor 
Improvements Program, Division of Regulatory Improvement Programs, 
Office of Nuclear Reactor Regulation.

Enclosure for Inclusion on Technical Specification Web Page

    The following example of an application was prepared by the NRC 
staff to facilitate the use of the consolidated line item improvement 
process (CLIIP). The model provides the expected level of detail and 
content for an application to eliminate pass requirements using CLIIP. 
Licensees remain responsible for ensuring that their actual application 
fulfills their Administrative requirements as well as NRC regulations.

U.S. Nuclear Regulatory Commission, Document Control Desk, 
Washington, DC 20555
Subject:
    Plant Name
    Docket No. 50-
    Application for Technical Specification Improvement to Eliminate 
Requirements for Post Accident Sampling System for Babcock and 
Wilcox Reactors Using the Consolidated Line Item Improvement Process

    Gentlemen: In accordance with the provisions of 10 CFR 50.90, 
[LICENSEE] is submitting a request for an amendment to the technical 
specifications (TS) for [PLANT NAME, UNIT NOS.].
    The proposed amendment would delete Technical Specification (TS) 
5.5.3, ``Post Accident Sampling,'' and thereby eliminate the 
requirements to have and maintain the post accident sampling system 
at [PLANT]. The changes are consistent with NRC approved Industry/
Technical Specification Task Force (TSTF) Standard Technical 
Specification Change Traveler, TSTF-442, ``Elimination of 
Requirements for a Post Accident Sampling System (PASS).'' The 
availability of this technical specification improvement was 
announced in the Federal Register on [DATE OF NOTICE OF 
AVAILABILITY] as part of the consolidated line item improvement 
process (CLIIP).
    Attachment 1 provides a description of the proposed change, the 
requested confirmation of applicability, and plant-specific 
verifications. Attachment 2 provides the existing TS pages marked-up 
to show the proposed change. Attachment 3 provides revised clean 
technical specification pages. Attachment 4 provides a summary of 
the regulatory commitments made in this submittal. [IF APPLICABLE: 
Attachment 5 provides the existing TS Bases pages marked-up to show 
the proposed change (for information only).]
    [LICENSEE] requests approval of the proposed License Amendment 
by [DATE], with the amendment being implemented [BY DATE OR WITHIN X 
DAYS].
    In accordance with 10 CFR 50.91, a copy of this application, 
with attachments, is being provided to the designated [STATE] 
Official.
    I declare under penalty of perjury under the laws of the United 
States of America that I am authorized by [LICENSEE] to make this 
request and that the foregoing is true and correct. [Note that 
request may be notarized in lieu of using this oath or affirmation 
statement].
    If you should have any questions regarding this submittal, 
please contact [ ].

 Sincerely,

Name,
Title

Attachments:
1. Description and Assessment
2. Proposed Technical Specification Changes
3. Revised Technical Specification Pages
4. Regulatory Commitments
5. Proposed Technical Specification Bases Changes (if applicable)
cc:

[[Page 25666]]

    NRR Project Manager
    Regional Office
    Resident Inspector
    State Contact

Attachment 1--Description and Assessment

1.0 DESCRIPTION

    The proposed License amendment deletes the program requirements of 
TS (5.5.3), ``Post Accident Sampling.''
    The changes are consistent with NRC approved Industry/Technical 
Specification Task Force (TSTF) Standard Technical Specification Change 
Traveler, TSTF-442. The availability of this technical specification 
improvement was announced in the Federal Register on [DATE] as part of 
the consolidated line item improvement process (CLIIP).

2.0 ASSESSMENT

2.1 Applicability of Published Safety Evaluation

    [LICENSEE] has reviewed the safety evaluation published on March 3, 
2003 (68 FR 10052) as part of the CLIIP. This verification included a 
review of the NRC staff's evaluation as well as the supporting 
information provided to support TSTF-442 (i.e., BAW -2387, 
``Justification for the Elimination of the Post Accident Sampling 
System (PASS) from the Licensing Basis of Babcock and Wilcox-Designed 
Plants,'' which was submitted to the NRC on June 25, 2001, and the 
associated NRC safety evaluation dated November 14, 2002). [LICENSEE] 
has concluded that the justifications presented in the TSTF proposal 
and the safety evaluation prepared by the NRC staff are applicable to 
[PLANT, UNIT NOS.] and justify this amendment for the incorporation of 
the changes to the [PLANT] Technical Specifications.

2.2 Optional Changes and Variations

    [LICENSEE] is not proposing any variations or deviations from the 
technical specification changes described in TSTF-442 or the NRC 
staff's model safety evaluation published on March 3, 2003.
    Plant-specific submittals may also include one or more of the 
following:
    (1) Requirements for installing and maintaining PASS were included 
in a confirmatory order for [PLANT] issued on [DATE]. This amendment 
request includes superseding the requirements imposed by that 
confirmatory order.
    (2) As described in the model safety evaluation published on March 
3, 2003, the elimination of the TS and other regulatory requirements 
for PASS result in additional changes to the TS. These changes are 
[DESCRIBE ADDITIONAL CHANGES]. The changes are necessary due to the 
removal of the TS section on PASS. The changes do not revise technical 
requirements beyond that addressed by the NRC staff in the model safety 
evaluation published on March 3, 2003. [Note that these changes could 
involve the deletion or modification of license conditions in addition 
to other TS.]
    (3) The elimination of PASS results in changes to the TS Bases. The 
revised Bases are provided in Attachment 5. [LICENSEE] will formally 
address the changes to the Bases in accordance with [the Bases Control 
Program or administrative procedure for revising Bases] and will 
provide the actual revised Bases pages in a future submittal.

3.0 REGULATORY ANALYSIS

3.1 No Significant Hazards Determination

    [LICENSEE] has reviewed the proposed no significant hazards 
consideration determination published on March 3, 2003 (68 FR 10052) as 
part of the CLIIP. [LICENSEE] has concluded that the proposed 
determination presented in the notice is applicable to [PLANT] and the 
determination is hereby incorporated by reference to satisfy the 
requirements of 10 CFR 50.91(a).

3.2 Verification and Commitments

    As discussed in the model SE published in Federal Register on March 
3, 2003 for this technical specification improvement, plant-specific 
verifications were performed as follows:
    1. [LICENSEE] [verified that it has or is making a regulatory 
commitment to develop] contingency plans for obtaining and analyzing 
highly radioactive samples from the RCS, containment sump, and 
containment atmosphere. The contingency plans will be contained in 
[specified document or program] and implementation [is complete, will 
be completed with the implementation of the License amendment, or will 
be completed within X days (<6 months) after the implementation of the 
License amendment]. Establishment and maintenance of contingency plans 
is considered a regulatory commitment.
    2. The capability for classifying fuel damage events at the Alert 
level threshold [has been or will be] established for [PLANT] at 
radioactivity levels of [300 mCi/cc dose equivalent iodine]. This 
capability will be described in [specified document or program] and 
implementation [is complete, will be completed with the implementation 
of the License amendment, or will be completed within X days (<6 
months) after the implementation of the License amendment]. The 
capability for classifying fuel damage events is considered a 
regulatory commitment.
    3. [LICENSEE] [verified that it has or is making a regulatory 
commitment to develop] an ability to assess radioactive iodines 
released to offsite environs. The capability for monitoring iodines 
will be maintained within the [specified document or program]. 
Implementation of this commitment [is complete, will be completed with 
the implementation of the License amendment, or will be completed 
within X days (<6 months) after the implementation of the License 
amendment]. The capability to monitor radioactive iodines is considered 
a regulatory commitment.

4.0 ENVIRONMENTAL EVALUATION

    [LICENSEE] has reviewed the environmental evaluation included in 
the model safety evaluation published on March 3, 2003 (68 FR 10052) as 
part of the CLIIP. [LICENSEE] has concluded that the staff's findings 
presented in that evaluation are applicable to [PLANT] and the 
evaluation is hereby incorporated by reference for this application.

Attachment 2--Proposed Technical Specification Changes (Mark-Up)

Attachment 3--Proposed Technical Specification Pages

Attachment 4--List of Regulatory Commitments

    The following table identifies those actions committed to by 
[LICENSE] in this document. Any other statements in this submittal are 
provided for information purposes and are not considered to be 
regulatory commitments. Please direct questions regarding these 
commitments to [ ].

[[Page 25667]]



------------------------------------------------------------------------
         Regulatory commitments                   Due date/event
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[LICENSEE] [verified that it has or is    [Complete, implemented with
 making a regulatory commitment to         amendment OR within X days of
 develop] contingency plans for            implementation of amendment].
 obtaining and analyzing highly
 radioactive samples from the RCS,
 containment sump, and containment
 atmosphere. The contingency plans will
 be contained in [specified document or
 program] and implementation [is
 complete, will be completed with the
 implementation of the License
 amendment, or will be completed within
 x days (< 6 months) after the
 implementation of the License
 amendment]. Establishment and
 maintenance of contingency plans is
 considered a regulatory commitment.
The capability for classifying fuel       [Complete, implemented with
 damage events at the Alert level          amendment OR within X days of
 threshold [has been or will be]           implementation of amendment].
 established for [PLANT] at
 radioactivity levels of [300 mCi/cc
 dose equivalent iodine]. This
 capability will be described in
 [specified document or program] and
 implementation [is complete, will be
 completed with the implementation of
 the License amendment, or will be
 completed within x days (< 6 months)
 after the implementation of the License
 amendment]. The capability for
 classifying fuel damage events is
 considered a regulatory commitment.
[LICENSEE] [verified that it has or is    [Complete, implemented with
 making a regulatory commitment to         amendment OR within X days of
 develop] an ability to assess             implementation of amendment].
 radioactive iodines released to offsite
 environs. The capability for monitoring
 iodines will be maintained within the
 [specified document or program].
 Implementation of this commitment [is
 complete, will be completed with the
 implementation of the License
 amendment, or will be completed within
 x days (< 6 months) after the
 implementation of the License
 amendment]. The capability to monitor
 radioactive iodines is considered a
 regulatory commitment.
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Attachment 5--Possible Changes to TS Bases Pages

[FR Doc. 03-11840 Filed 5-12-03; 8:45 am]
BILLING CODE 7590-01-P