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, 9179-9182 [06-1621]
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
Nuclear Regulatory Commission
Sunshine Federal Register Notice
Weeks of February 20, 27, March
6, 13, 20, 27, 2006.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
DATE:
Matters To Be Considered:
Week of February 20, 2006
There are no meetings scheduled for
the Week of February 20, 2006.
Week of February 27, 2006—Tentative
There are no meetings scheduled for
the Week of February 27, 2006.
Week of March 6, 2006—Tentative
There are no meetings scheduled for
the Week of March 6, 2006.
Week of March 13, 2006—Tentative
Monday, March 13, 2006
1:30 p.m. Briefing on Office of
Information Services (OIS)
Programs, Performance, and Plans
(Public Meeting). (Contact: Edward
Baker, 301–415–8700).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
Wednesday, March 15, 2006
9:30 a.m. Briefing on Office of
Nuclear Security and Incident
Response (NSIR) Programs,
Performance, and Plans (Public
Meeting). (Contact: Evelyn S.
Williams, 301–415–7011).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m. Discussion of Security
Issues (Closed—Ex. 1 & 3).
Thursday, March 16, 2006
9:30 a.m. Briefing on Office of
Nuclear Reactor Regulation (NRR)
Programs, Performance, and Plans
(Public Meeting). (Contact: Cynthia
Carpenter, 301–415–1275).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
Week of March 20, 2006—Tentative
There are no meetings scheduled for
the Week of March 20, 2006.
cprice-sewell on PROD1PC66 with NOTICES
Week of March 27, 2006—Tentative
There are no meetings scheduled for
the Week of March 27, 2006.
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
*
*
*
*
*
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/what-we-do/
policy-making/schedule.html.
*
*
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*
The NRC provides reasonable
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In addition, distribution of this meeting
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available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: February 16, 2006.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 06–1676 Filed 2–17–06; 2:44 pm]
BILLING CODE 7590–01–M
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
Nuclear Regulatory
Commission.
ACTION: Request for comment.
AGENCY:
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 licenseecontrolled 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
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9179
(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 CLIIP@nrc.gov.
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
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
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 https://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 pdr@nrc.gov.
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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
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14:35 Feb 21, 2006
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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 licenseecontrolled 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
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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
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
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].
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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
VerDate Aug<31>2005
14:35 Feb 21, 2006
Jkt 208001
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 licenseecontrolled 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
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9181
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.
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
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
cprice-sewell on PROD1PC66 with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
Issuer Delisting; Notice of Application
of Arch Coal, Inc. To Withdraw Its 5%
Perpetual Cumulative Convertible
Preferred Stock (liquidation preference
$50 Per Share), From Listing and
Registration on the New York Stock
Exchange, Inc. File No. 1–13105
1 15
February 14, 2006.
On February 6, 2006, Arch Coal, Inc.,
a Delaware corporation (‘‘Issuer’’), filed
VerDate Aug<31>2005
14:35 Feb 21, 2006
an application with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 12(d) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 12d2–2(d)
thereunder,2 to withdraw its 5%
perpetual cumulative convertible
preferred stock (liquidation preference
$50 per share) (‘‘Security’’), from listing
and registration on the New York Stock
Exchange, Inc. (‘‘NYSE’’).
On January 6, 2006, the Board of
Directors (‘‘Board’’) of the Issuer
approved resolutions to withdraw the
Security from listing and registration on
NYSE. The Issuer previously
commenced a conversion offer (‘‘Offer’’)
to pay a premium to holders of any and
all of the Security who elected to
convert to shares of the Issuer’s common
stock, par value $.01 per share, subject
to the terms of the Offer. On December
31, 2005, the Issuer accepted for
conversion all shares of the Security
validly tendered and not withdrawn as
of the expiration date of the Offer. Upon
expiration of the Offer, 150,508 shares
of the Security remained outstanding.
Based on information provided to the
Issuer from its transfer agent, the
Securities that remain outstanding are
held by approximately 35 holders. The
Board decided that it was in the best
interest of the Issuer and its
stockholders to delist and deregister the
Security on NYSE due to the limited
market for the Security.
The Issuer stated that it has complied
with the requirements of NYSE’s rules
governing an issuer’s voluntary
withdrawal of a security from listing
and registration by complying with all
applicable rules in the State of
Delaware, in which the Issuer is
incorporated, and by providing NYSE
with the required documents governing
the removal of securities from listing
and registration on NYSE.
The Issuer’s application relates solely
to the withdrawal of the Security from
listing on NYSE and from registration
under Section 12(b) of the Act,3 and
shall not affect its obligation to be
registered under Section 12(g) of the
Act.4
Any interested person may, on or
before March 13, 2006, comment on the
facts bearing upon whether the
application has been made in
accordance with the rules of NYSE, and
what terms, if any, should be imposed
by the Commission for the protection of
investors. All comment letters may be
Jkt 208001
U.S.C. 78l(d).
CFR 240.12d2–2(d).
3 15 U.S.C. 78l(b).
4 15 U.S.C. 78l(g).
2 17
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submitted by either of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/delist.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–13105 or;
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number 1–13105. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room.
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Nancy M. Morris,
Secretary.
[FR Doc. E6–2435 Filed 2–21–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold the following
meeting during the week of February 20,
2006:
A Closed Meeting will be held on
Thursday, February 23, 2006 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
5 17
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CFR 200.30–3(a)(1).
22FEN1
]]>Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9179-9182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1621]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 CLIIP@nrc.gov.
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 https://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 pdr@nrc.gov.
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
