ML072960159

Issuance of Amendment to Remove the Table of Contents from the Technical Specifications

ML072960159
Person / Time
Site:	Monticello
Issue date:	11/08/2007
From:	Tam P NRC/NRR/ADRO/DORL/LPLIII-1
To:	O'Connor T Nuclear Management Co
tam P, NRR/ADRO/DORL, 415-1451
References
TAC MD6027
Download: ML072960159 (10)

Text

November 8, 2007 Timothy J. O=Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - ISSUANCE OF AMENDMENT RE: REMOVAL OF THE TABLE OF CONTENTS OUT OF THE TECHNICAL SPECIFICATIONS (TAC NO. MD6027)

Dear Mr. O=Connor:

The Commission has issued the enclosed Amendment No. 152 to Renewed Facility Operating License No. DPR-22 for Monticello Nuclear Generating Plant (MNGP), in response to your application dated July 9, 2007.

The amendment revised the Technical Specifications by removing the Table of Contents.

A copy of our related safety evaluation is also enclosed. The Notice of Issuance will be included in the Commissions biweekly Federal Register notice.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263

Enclosures:

1. Amendment No. 152 to DPR-22

2. Safety Evaluation cc w/encls: See next page

November 8, 2007 Timothy J. O=Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - ISSUANCE OF AMENDMENT RE: REMOVAL OF THE TABLE OF CONTENTS OUT OF THE TECHNICAL SPECIFICATIONS (TAC NO. MD6027)

Dear Mr. O=Connor:

The Commission has issued the enclosed Amendment No. 152 to Renewed Facility Operating License No. DPR-22 for Monticello Nuclear Generating Plant (MNGP), in response to your application dated July 9, 2007.

The amendment revised the Technical Specifications by removing the Table of Contents.

A copy of our related safety evaluation is also enclosed. The Notice of Issuance will be included in the Commissions biweekly Federal Register notice.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263

Enclosures:

1. Amendment No. 152 to DPR-22

2. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

PUBLIC LPL3-1 r/f RidsNrrDorlLpl3-1 RidsNrrPMPTam RidsNrrLATHarris RidsOGCRp RidsAcrsAcnwMailCenter RidsNrrDirsltsb G. Hill, OIS A. Lewin, NRR RidsRgn3MailCenter RidsNrrDorlDpr Amendment Accession Number: ML072960159 OFFICE LPL3-1/PM LPL3-1/ LA NRR/TSB/BC OGC LPL3-1/(A)BC NAME PTam THarris TKobetz* RHolmes CMunson DATE 10/26/07 10/26/07 7/26/07* 10/31/07 11/08/07

• SE transmitted by memo of 7/26/07.

OFFICIAL RECORD COPY

NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-263 MONTICELLO NUCLEAR GENERATING PLANT AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.152 License No. DPR-22

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Nuclear Management Company, LLC (the licensee), dated July 9, 2007, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.2 of Facility Operating License No. DPR-22 is hereby amended to read as follows:

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 152 are hereby incorporated in the license. NMC shall operate the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Cliff Munson, Acting Chief Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License and Technical Specifications Date of Issuance:

ATTACHMENT TO OPERATING LICENSE AMENDMENT NO. 152 RENEWED FACILITY OPERATING LICENSE NO. DPR-22 DOCKET NO. 50-263 Replace the following page of Renewed Facility Operating License DPR-22 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.

REMOVE INSERT Page 3 Page 3 Delete the following pages of Appendix A (Technical Specifications):

REMOVE INSERT i --

ii --

iii --

2. Pursuant to the Act and 10 CFR Part 70, NMC to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operations, as described in the Final Safety Analysis Report, as supplemented and amended, and the licensee=s filings dated August 16, 1974 (those portions dealing with handling of reactor fuel) and August 17, 1977 (those portions dealing with fuel assembly storage capacity);

3. Pursuant to the Act and 10 CFR Parts 30, 40 and 70, NMC to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required;

4. Pursuant to the Act and 10 CFR Parts 30, 40 and 70, NMC to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and

5. Pursuant to the Act and 10 CFR Parts 30 and 70, NMC to possess, but not separate, such byproduct and special nuclear material as may be produced by operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the Commission=s regulations in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission, now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

1. Maximum Power Level NMC is authorized to operate the facility at steady state reactor core power levels not in excess of 1775 megawatts (thermal).

2. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 152, are hereby incorporated in the license. NMC shall operate the facility in accordance with the Technical Specifications.

3. Physical Protection NMC shall implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Renewed License No. DPR-22 Amendment No. 1 thru 152

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR AMENDMENT NO. 152 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-22 NUCLEAR MANAGEMENT COMPANY, LLC MONTICELLO NUCLEAR GENERATING PLANT (MNGP)

DOCKET NO. 50-263

1.0 INTRODUCTION

By letter dated July 9, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML071920501), Nuclear Management Company, LLC (NMC) (the licensee) submitted an application for amendment regarding Monticello Nuclear Generating Plant (MNGP) Technical Specifications (TS), Table of Contents. The proposed amendment would delete the Table of Contents from the TS and relocate it to a licensee-controlled document. The Nuclear Regulatory Commission (NRC) staffs review of the licensee application is set forth below.

2.0 REGULATORY EVALUATION

The NRCs regulation at Title 10 of the Code of Federal Regulations (10 CFR), Paragraph 50.36, contains requirements for what is to be included in a licensees TS. The Table of Contents, which contains only administrative information, is not required to be in the TS per the requirements of 10 CFR 50.36.

3.0 TECHNICAL EVALUATION

The Table of Contents is a list which provides information as to where (i.e., page number) specific TS sections can be found. The Table of Contents does not contain any technical information required by 10 CFR 50.36. On such basis, inclusion of a Table of Contents as part of the TS is optional, and is not required by the regulation cited above. Therefore, removal of the Table of Contents from the TS constitutes a purely administrative change, and is acceptable to the NRC staff.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Minnesota State official was notified of the proposed issuance of the amendment. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment changes an administrative requirement. 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.

6.0 CONCLUSION

The NRC staff 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 amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: A. Lewin Date: November 8, 2007

Monticello Nuclear Generating Plant cc:

Jonathan Rogoff, Esquire Commissioner Vice President, Counsel & Secretary Minnesota Department of Commerce Nuclear Management Company, LLC 85 7th Place East, Suite 500 700 First Street St. Paul, MN 55101-2198 Hudson, WI 54016 Manager - Environmental Protection Division U.S. Nuclear Regulatory Commission Minnesota Attorney General=s Office Resident Inspector's Office 445 Minnesota St., Suite 900 2807 W. County Road 75 St. Paul, MN 55101-2127 Monticello, MN 55362 Michael B. Sellman Manager, Nuclear Safety Assessment President and Chief Executive Officer Monticello Nuclear Generating Plant Nuclear Management Company, LLC Nuclear Management Company, LLC 700 First Street 2807 West County Road 75 Hudson, MI 54016 Monticello, MN 55362-9637 Nuclear Asset Manager Commissioner Xcel Energy, Inc.

Minnesota Pollution Control Agency 414 Nicollet Mall, R.S. 8 520 Lafayette Road Minneapolis, MN 55401 St. Paul, MN 55155-4194 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351 Commissioner Minnesota Department of Health 717 Delaware Street, S. E.

Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313 November 2005