[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9179-9182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1621]


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NUCLEAR REGULATORY COMMISSION


Notice for Opportunity To Comment on Model Safety Evaluation on 
Technical Specification Improvement To Revise Diesel Fuel Oil Testing 
Program Using the Consolidated Line Item Improvement Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for comment.

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SUMMARY: Notice is hereby given that the staff of the Nuclear 
Regulatory Commission (NRC) has prepared a model safety evaluation (SE) 
relating to changes to Diesel Fuel Oil Testing Programs. The changes 
relocate references to specific American Society for Testing and 
Materials (ASTM) standards for fuel oil testing to licensee-controlled 
documents and adds alternate criteria to the ``clear and bright'' 
acceptance test for new fuel oil. The NRC staff has also prepared a 
model no significant hazards consideration (NSHC) determination 
relating to this matter. The purpose of these models is to permit the 
NRC to efficiently process amendments that propose to adopt the 
associated changes into plant-specific technical specifications (TS). 
Licensees of nuclear power reactors to which the models apply could 
request amendments confirming the applicability of the SE and NSHC 
determination to their reactors. The NRC staff is requesting comments 
on the model SE and model NSHC determination prior to announcing their 
availability for referencing in license amendment applications.

DATES: The comment period expires 30 days from the date of this 
publication. Comments received after this date will be considered if it 
is practical to do so, but the Commission can only ensure consideration 
only for comments received on or before this date.

ADDRESSES: Comments may be submitted either electronically or via U.S. 
mail.
    Submit written comments to: Chief, Rules and Directives Branch, 
Division of Administrative Services, Office of Administration, Mail 
Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
    Hand deliver comments to 11545 Rockville Pike, Rockville, Maryland, 
between 7:45 a.m. and 4:15 p.m. on Federal workdays.
    Copies of comments received may be examined at the NRC's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland.
    Comments may be submitted by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: William D. Reckley, Special Projects 
Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor 
Regulation, Mail Stop O-7D1, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone 301-415-1323.

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 
consolidated line item improvement process (CLIIP) is intended to 
improve the efficiency and transparency of NRC licensing processes. 
This is accomplished by processing proposed changes to the Standard 
Technical Specifications (STS) (NUREGs 1430-1434) in a manner that 
supports subsequent license amendment

[[Page 9180]]

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 proceed with announcing the 
availability of the change to licensees. Those licensees opting to 
apply for the subject change to TS are responsible for reviewing the 
NRC staff's evaluation, referencing the applicable technical 
justifications, and providing any necessary plant specific information. 
Each amendment application submitted in response to the notice of 
availability would be processed and noticed in accordance with 
applicable rules and NRC procedures.
    This notice for comment involves the relocation of references to 
specific ASTM standards for fuel oil testing to licensee-controlled 
documents and adds alternate criteria to the ``clear and bright'' 
acceptance test for new fuel oil. The changes were proposed by the 
Technical Specification Task Force (TSTF) in STS Change Traveler TSTF-
374, accessible electronically from the Agencywide Documents Access and 
Management System (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site http://www.nrc.gov/reading-rm/adams.html 
(Accession No. ML011340449). Persons who do not have access to ADAMS or 
who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC Public Document Room Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].

Applicability

    This proposed change to adopt TSTF-374 is applicable to all nuclear 
power reactors. The CLIIP does not prevent licensees from requesting an 
alternative approach or proposing changes other than those proposed in 
TSTF-374. 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.

Public Notices

    This notice requests comments from interested members of the public 
within 30 days of the date of publication in the Federal Register. 
Following the NRC staff's evaluation of comments received as a result 
of this notice, the NRC staff may reconsider the proposed change or may 
proceed with announcing the availability of the change in a subsequent 
notice (perhaps with some changes to the SE or proposed NSHC 
determination as a result of public comments). If the NRC staff 
announces the availability of the change, licensees wishing to adopt 
the change will submit an application in accordance with applicable 
rules and other regulatory requirements. The NRC staff will in turn 
issue for each application a notice of proposed action, which includes 
a proposed NSHC determination. A notice of issuance of an amendment of 
operating license will also be issued to announce the adoption of TSTF-
374 for each plant that applies for and receives the requested change.

Proposed Safety Evaluation

    U.S. Nuclear Regulatory Commission, Office of Nuclear Reactor 
Regulation, Consolidated Line Item Improvement, Technical Specification 
Task Force (TSTF) Change Traveler TSTF-374, Diesel Fuel Oil Testing 
Program.

1.0 Introduction

    By application dated [DATE], [LICENSEE NAME] (the licensee), 
submitted a request for changes to the [PLANT NAME], Technical 
Specifications (TS) (Agencywide Documents Access and Management System 
Accession No. [MLxxxxxxxxx]). The requested change would relocate 
references to specific American Society for Testing and Materials 
(ASTM) standards for fuel oil testing to licensee-controlled documents 
and would add alternate criteria to the ``clear and bright'' acceptance 
test for new fuel oil. These changes were described in a Notice of 
Availability published in the Federal Register on [DATE] ([xx FR 
xxxxx]).

2.0 Regulatory Evaluation

    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 Appendix 
B (``Quality Assurance Criteria for Nuclear Power Plants and Fuel 
Reprocessing Plants'') to part 50 of Title 10 of the Code of Federal 
Regulations (10 CFR part 50). 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 
Review Responsibilities.''
    The TS include requirements for testing diesel fuel oil to ensure 
it is of the appropriate grade and that it has not been contaminated 
(i.e., proper fuel oil quality). The Diesel Fuel Oil Testing Program 
defined in the TS includes tests 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 30 days following sampling and 
addition to storage tanks; and (3) total particulate concentration of 
the fuel oil every 31 days. The current TS identify particular ASTM 
standards and methods of performing these tests. The industry submitted 
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 
ASTM standards. TSTF-374 was reviewed and accepted 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.

3.0 Technical Evaluation

    In adopting TSTF-374, the licensee proposes to relocate the 
reference to specific ASTM standards from the TS Administrative 
Controls Section [5.5.13], ``Diesel Fuel Oil Testing Program,'' to a 
licensee-controlled document. Although the reference to specific 
testing standards or methods is relocated, TS [5.5.13] retains 
acceptance criteria for new and stored diesel fuel oil and refers to 
``applicable ASTM standards'' for sampling and testing requirements. 
The specific testing standards or methods are relocated to the TS Bases 
Section, which are controlled in accordance with 10 CFR 50.59, 
``Changes, tests, and experiments,'' as described in TS [5.5.14], 
``Technical Specification (TS) Bases Control Program.'' The licensee's 
testing programs for diesel fuel oil are also governed by other 
regulatory requirements, including Appendix B (Quality Assurance 
Criteria) to 10 CFR part 50. While the relocation of selected program 
details provides the licensee with some flexibility to adopt practices 
defined in future ASTM standards, the NRC staff finds that the 
remaining TS, TS Bases Control Program, and other

[[Page 9181]]

NRC regulations provide appropriate regulatory controls to ensure 
diesel fuel oil quality will be maintained.
    The plant-specific adoption of TSTF-374 also includes an 
alternative to the ``clear and bright'' test currently required for new 
fuel oil acceptability. The revised TS would allow either the ``clear 
and bright'' test or a test confirming that the fuel oil has ``water 
and sediment content within limits.'' This alternative test is better 
suited for darker colored fuels and is recognized in ASTM standards 
that have been referenced in NRC approved amendment requests. The NRC 
staff finds that the alternative for testing the water and sediment 
content will maintain or improve the inspection of new fuel oil and 
therefore finds the change acceptable.
    The licensee included in its application the proposed revisions to 
the TS Bases to reflect the changes to TS [5.5.13] and to incorporate 
the references to the applicable ASTM standards. The changes are 
consistent with TSTF-374 and will be incorporated into the TS Bases in 
accordance with TS [5.5.14].

4.0 State Consultation

    In accordance with the Commission's regulations, the [STATE] State 
official was notified of the proposed issuance of the amendments. The 
State official had [(1) no comments or (2) the following comments--with 
subsequent disposition by the staff].

5.0 Environmental Consideration

    The amendment changes a requirement with respect to the 
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 [(1) no public comment on such 
finding (2) the following comments with subsequent disposition by the 
NRC staff ([xx FR xxxxx, DATE]). 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 
amendments will not be inimical to the common defense and security or 
to the health and safety of the public.

Proposed No Significant Hazards Consideration Determination

    Description of amendment request: The requested change would 
relocate references in the technical specifications (TS) to specific 
American Society for Testing and Materials (ASTM) standards for fuel 
oil testing to licensee-controlled documents and would add alternate 
criteria to the ``clear and bright'' acceptance test for new fuel oil. 
The proposed change is described in Technical Specification Task Force 
(TSTF) Standard TS Change Traveler TSTF-374 related to the Diesel Fuel 
Oil Testing Program and was described in the Notice of Availability 
published in the Federal Register on [DATE] ([xx FR xxxxx]).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), an analysis of the issue 
of no significant hazards consideration is presented below:
    1. Does the proposed change involve a significant increase in the 
probability or consequences of any accident previously evaluated?
    Response: No.
    The proposed changes relocate the specific ASTM standard references 
from the Administrative Controls Section of TS to a licensee-controlled 
document. Requirements to perform testing in accordance with applicable 
ASTM standards are retained in the TS as are requirements to perform 
surveillances of both new and stored diesel fuel oil. Future changes to 
the licensee-controlled document will be evaluated pursuant to the 
requirements of 10 CFR 50.59, ``Changes, tests and experiments,'' to 
ensure that such changes do not result in more than a minimal increase 
in the probability or consequences of an accident previously evaluated. 
In addition, the ``clear and bright'' test used to establish the 
acceptability of new fuel oil for use prior to addition to storage 
tanks has been expanded to recognize more rigorous testing of water and 
sediment content. Relocating the specific ASTM standard references from 
the TS to a licensee-controlled document and allowing a water and 
sediment content test to be performed to establish the acceptability of 
new fuel oil will not affect nor degrade the ability of the emergency 
diesel generators (DGs) to perform their specified safety function. 
Fuel oil quality will continue to meet ASTM requirements.
    The proposed changes do not adversely affect accident initiators or 
precursors nor alter the design assumptions, conditions, and 
configuration of the facility or the manner in which the plant is 
operated and maintained. The proposed changes do not adversely affect 
the ability of structures, systems, and components (SSCs) to perform 
their intended safety function to mitigate the consequences of an 
initiating event within the assumed acceptance limits. The proposed 
changes do not affect the source term, containment isolation, or 
radiological release assumptions used in evaluating the radiological 
consequences of any accident previously evaluated. Further, the 
proposed changes do not increase the types and amounts of radioactive 
effluent that may be released offsite, nor significantly increase 
individual or cumulative occupational/public radiation exposures.
    Therefore, the changes do not involve a significant increase in the 
probability or consequences of any accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes relocate the specific ASTM standard references 
from the Administrative Controls Section of TS to a licensee-controlled 
document. In addition, the ``clear and bright'' test used to establish 
the acceptability of new fuel oil for use prior to addition to storage 
tanks has been expanded to allow a water and sediment content test to 
be performed to establish the acceptability of new fuel oil. The 
changes do not involve a physical alteration of the plant (i.e., no new 
or different type of equipment will be installed) or a change in the 
methods governing normal plant operation. The requirements retained in 
the TS continue to require testing of the diesel fuel oil to ensure the 
proper functioning of the DGs.
    Therefore, the changes do not create the possibility of a new or 
different kind of accident from any accident previously evaluated.

[[Page 9182]]

    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes relocate the specific ASTM standard references 
from the Administrative Controls Section of TS to a licensee-controlled 
document. Instituting the proposed changes will continue to ensure the 
use of applicable ASTM standards to evaluate the quality of both new 
and stored fuel oil designated for use in the emergency DGs. Changes to 
the licensee-controlled document are performed in accordance with the 
provisions of 10 CFR 50.59. This approach provides an effective level 
of regulatory control and ensures that diesel fuel oil testing is 
conducted such that there is no significant reduction in a margin of 
safety.
    The ``clear and bright'' test used to establish the acceptability 
of new fuel oil for use prior to addition to storage tanks has been 
expanded to allow a water and sediment content test to be performed to 
establish the acceptability of new fuel oil. The margin of safety 
provided by the DGs is unaffected by the proposed changes since there 
continue to be TS requirements to ensure fuel oil is of the appropriate 
quality for emergency DG use. The proposed changes provide the 
flexibility needed to improve fuel oil sampling and analysis 
methodologies while maintaining sufficient controls to preserve the 
current margins of safety.
    Based upon the reasoning presented above, the NRC staff proposes to 
determine that the amendment request involves no significant hazards 
consideration.

    Dated at Rockville, Maryland, this 10th day of February 2006.

    For the Nuclear Regulatory Commission.
William D. Reckley,
Senior Project Manager, Special Projects Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1621 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P