Florida Power and Light Company, et al.; Notice of Consideration of Issuance of Amendment to Facility Renewed Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 10566-10568 [E6-2856]
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
relationship between school libraries
and educational achievement.
DATE AND TIME: NCLIS Business
Meeting—March 11, 2006, 2 p.m.–3
p.m.; March 12, 2006, 9 a.m.–4 p.m.
ADDRESSES: Four Points by Sheraton
Ann Arbor, 3200 Boardwalk, Ann
Arbor, MI 48108.
Status: Open meeting.
SUPPLEMENTARY INFORMATION: The
business meeting is open to the public,
subject to space availability. To make
special arrangements for physically
challenged persons, contact Madeleine
McCain, Director of Operations, 1800 M
Street, NW., Suite 350 North Tower,
Washington, DC 20036, e-mail
mmccain@nclis.gov, fax 202–606–9203
or telephone 202–606–9200.
Summary: The U.S. National
Commission on Libraries and
Information Science is also holding a
closed meeting to review budget matters
and future directions. Closing this
meeting is in accordance with the
exemption provided under Title 45, CFR
1703.202(a)(9)
Date and Time: NCLIS Closed
Meeting—March 11, 3–6 p.m.
Addresses: Four Points by Sheraton
Ann Arbor, 3200 Boardwalk, Ann
Arbor, MI 48108.
Status: Closed meeting.
FOR FURTHER INFORMATION CONTACT:
Madeleine McCain, Director of
Operations, U.S. National Commission
on Libraries and Information Science,
1800 M Street, NW., Suite 350 North
Tower, Washington, DC 20036, e-mail
mmccain@nclis.gov, fax 202–606–9203
or telephone 202–606 9200.
Dated: February 21, 2006.
Trudi Bellardo Hahn,
NCLIS Executive Director.
[FR Doc. E6–2831 Filed 2–28–06; 8:45 am]
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[Docket No. 50–389]
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Florida Power and Light Company, et
al.; Notice of Consideration of
Issuance of Amendment to Facility
Renewed Operating Licenses,
Proposed No Significant Hazards
Consideration Determination, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering issuance of an amendment
to Facility Renewed Operating License
No. NPF–16, issued to Florida Power
and Light Company, et al. (the licensee),
for operation of the St. Lucie Nuclear
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Plant, Unit No. 2, located in St. Lucie
County, Florida.
The proposed amendment would
revise the Technical Specifications
(TSs) for the Containment Ventilation
System to allow additional corrective
actions for inoperable containment
purge supply and exhaust valves.
On February 14, 2006, the licensee
determined, during a routine
surveillance that measures leakage in
lines penetrating containment, that a
containment purge supply valve at St.
Lucie Unit 2 was inoperable. The
current TSs require the plant to be shut
down if the valve cannot be restored to
operable status within 24 hours. Due to
the nature of the failure and the
uniqueness of the valve, the licensee
was unable to repair or replace the valve
within the required time frame. Instead,
a blank flange was installed in place of
the inoperable valve and the leak
integrity of the penetration was verified.
This alternate corrective action is
consistent with the standard TSs for
Combustion Engineering plants.
Following discussions with the licensee,
the NRC staff determined that the
alternate corrective action provided
adequate safety and a Notice of
Enforcement Discretion (NOED) was
approved on February 15, 2006, to allow
continued operation of St. Lucie Unit 2
with the blank flange in place until the
TSs were revised or until March 24,
2006, whichever occurs first. The reason
for the exigency is to complete the
processing of the proposed amendment
within the time frame of the NOED.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act) and the Commission’s
regulations.
Pursuant to 10 CFR 50.91(a)(6) for
amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration. Under the Commission’s
regulations in 10 CFR 50.92, this means
that operation of the facility in
accordance with the proposed
amendments would not (1) Involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
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(1) Operation of the facility in accordance
with the proposed amendments would not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
The proposed change to the St. Lucie Unit
2 Technical Specifications will allow
isolation of the affected penetration using a
closed and de-activated automatic valve with
resilient seals or a blind flange in the event
that one or more containment purge valves
are not within valve leakage limits. This
action is consistent with the applicable
required actions for Condition E of
Specification 3.6.3 of NUREG–1432,
‘‘Standard Technical Specifications
Combustion Engineering Plants.’’ The
containment purge valves are part of the
containment purge and/or the continuous
purge/hydrogen purge systems. The
containment purge valves are not accident
initiators. In addition, neither the
containment purge nor the continuous purge/
hydrogen purge systems are required for safe
shutdown of the reactor or to mitigate the
consequences of a design basis accident. The
containment purge system is designed to
reduce the level of radioactive contamination
in the containment atmosphere below the
limits of 10 CFR 20 so as to permit personnel
access to the containment during shutdown
and refueling. The continuous purge/
hydrogen purge system is used as a notnuclear-safety backup to the redundant
safety-related hydrogen recombiners which
maintain containment hydrogen
concentration below 4% after a postulated
accident.
Use of a closed and de-activated automatic
valve with resilient seals or a blind flange to
isolate a failed penetration provides a barrier
to the release of radioactivity for those
accidents previously evaluated. Therefore,
operation of the facility in accordance with
the proposed amendments does not involve
a significant increase in the probability or
consequences of an accident previously
evaluated.
(2) Operation of the facility in accordance
with the proposed amendments would not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
The containment purge valves are not
accident initiators. Use of a closed and deactivated automatic valve with resilient seals
or a blind flange to isolate a failed
penetration does not introduce any new
failure modes. Therefore, operation of the
facility in accordance with the proposed
amendments does not create the possibility
of a new or different kind of accident from
any accident previously evaluated.
(3) Operation of the facility in accordance
with the proposed amendments would not
involve a significant reduction in a margin of
safety.
Use of a closed and de-activated automatic
valve with resilient seals or a blind flange to
isolate a failed penetration will ensure that
the penetration’s pressure retention
containment isolation safety function
continues to be satisfied. There will be no
decrease in the ability of the containment
purge or the continuous purge/hydrogen
purge systems to perform their containment
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
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isolation safety function as assumed in the
accident analyses. In addition, use of a closed
and de-activated automatic valve with
resilient seals or a blind flange to isolate a
failed containment purge penetration is
consistent with the provisions of Condition
E of Specification 3.6.3 of NUREG–1432.
Therefore, operation of the facility in
accordance with the proposed amendments
will not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 14 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendment involves no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
Written comments may be submitted
by mail to the Chief, Rules and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents 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.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
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may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene. Requests for a hearing and a
petition for leave to intervene shall be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR Part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
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10567
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor must
provide sufficient information to show
that a genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed by:
(1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and
Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
hearingdocket@nrc.gov; or (4) facsimile
transmission addressed to the Office of
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC,
Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
verification number is (301) 415–1966.
A copy of the request for hearing and
petition for leave to intervene should
also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to M. S. Ross, Managing Attorney,
Florida Power & Light Company, P.O.
Box 14000, Juno Beach, FL 33408–0420,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated February 21, 2006,
which is available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site https://www.nrc.gov/
reading-rm.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 23rd day
of February 2006.
For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–2856 Filed 2–28–06; 8:45 am]
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BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
Abnormal Occurrence Reports:
Implementation of Section 208 of the
Energy Reorganization Act of 1974;
Revised Policy Statement
U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of Revised Policy
Statement on Abnormal Occurrence
Criteria and Solicitation of Comments.
AGENCY:
SUMMARY: This policy statement
presents the revised abnormal
occurrence (AO) criteria the
Commission uses for selecting AO’s for
the annual report to Congress as
required by section 208 of the Energy
Reorganization Act of 1974 (Pub. L. 93–
438). Section 208 of the act defines an
AO as an unscheduled incident or event
which the U.S. Nuclear Regulatory
Commission (NRC) determines to be
significant from the standpoint of public
health or safety. The AO criteria have
been amended to ensure that the criteria
are consistent with the NRC’s Strategic
Plan for Fiscal Year (FY) 2004–2009 and
the NRC rulemaking on Title 10, part 35,
of the Code of Federal Regulations (10
CFR part 35), ‘‘Medical Use of
Byproduct Material.’’ Additionally, riskinformed criteria based on the NRC
Accident Sequence Precursor (ASP)
Program and Reactor Oversight Process
(ROP) have been added for selecting
abnormal occurrences at commercial
nuclear power plants for the report to
Congress. The ASP program assesses the
risk significance of issues and events.
The ROP is a risk-informed, tiered
approach to ensuring the safety of
nuclear power plants. The ROP is a
process for collecting information about
licensee performance, assessing the
safety significance of the information,
taking appropriate actions, and ensuring
that licensees correct deficiencies. Some
sections of the AO criteria have been
restructured. The restructuring
accommodates the changes in the
criteria and minimizes duplication. Any
interested party may submit comments
on the criteria for the NRC staff’s
consideration. The comments should
include supporting information.
DATES: Submit comments by May 30,
2006. Comments received after this date
will be considered if it is practicable to
do so, but cannot be assured
consideration.
ADDRESSES: You may submit comments
by any one of the following methods.
Comments submitted in writing or
electronic form will be made available
for public inspection. Mail comments to
Secretary, U.S. Nuclear Regulatory
PO 00000
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Commission, Washington, DC 20555–
0001, ATTN: Rulemakings and
Adjudications Staff. E-mail comments to
SECY@nrc.gov. If you do not receive a
reply e-mail confirming that we have
received your comments, call us at (301)
415–1966. Hand-deliver comments to
11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and
4:15 p.m. on Federal workdays
(telephone (301) 415–1966). Fax
comments to Secretary, U.S. Nuclear
Regulatory Commission, at (301) 415–
1101.
Publicly available documents may be
viewed electronically on the public
computers at the NRC’s Public
Document Room (PDR), One White Flint
North, 11555 Rockville Pike, Room O1–
F21, Rockville, Maryland. The PDR
reproduction contractor will copy
documents for a fee. The public can
access the NRC’s Agencywide
Documents Access and Management
System (ADAMS) through the agency’s
public Web site at https://www.nrc.gov.
This Web site provides text and image
files of the NRC’s public documents. If
you do not have access to ADAMS or
have problems in accessing the
documents in ADAMS, contact the NRC
PDR reference staff at 1–800–397–4209
or 301–415–4737 or by e-mail to
pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Sheryl Burrows, telephone: (301) 415–
6086; e-mail: SAB2@nrc.gov; USNRC,
Office of Nuclear Regulatory Research,
Mail Stop T9–F31, Washington, DC
20555–0001.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville,
Maryland.
SUPPLEMENTARY INFORMATION:
I. Background
Section 208 of the Energy
Reorganization Act of 1974 (Pub. L. 93–
438) defines an abnormal occurrence
(AO) as an unscheduled incident or
event which the U.S. Nuclear
Regulatory Commission (NRC)
determines to be significant from the
standpoint of public health or safety.
The Federal Reports Elimination and
Sunset Act of 1995 (Pub. L. 104–66)
requires that AOs be reported to
Congress annually. Section 208 requires
that the discussion of each event
include the date and place, the nature
and probable consequences, the cause or
causes, and the action taken to prevent
recurrence. The Commission must also
widely disseminate the AO report to the
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]]>Agencies
[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Notices]
[Pages 10566-10568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2856]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-389]
Florida Power and Light Company, et al.; Notice of Consideration
of Issuance of Amendment to Facility Renewed Operating Licenses,
Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering issuance of an amendment to Facility Renewed Operating
License No. NPF-16, issued to Florida Power and Light Company, et al.
(the licensee), for operation of the St. Lucie Nuclear Plant, Unit No.
2, located in St. Lucie County, Florida.
The proposed amendment would revise the Technical Specifications
(TSs) for the Containment Ventilation System to allow additional
corrective actions for inoperable containment purge supply and exhaust
valves.
On February 14, 2006, the licensee determined, during a routine
surveillance that measures leakage in lines penetrating containment,
that a containment purge supply valve at St. Lucie Unit 2 was
inoperable. The current TSs require the plant to be shut down if the
valve cannot be restored to operable status within 24 hours. Due to the
nature of the failure and the uniqueness of the valve, the licensee was
unable to repair or replace the valve within the required time frame.
Instead, a blank flange was installed in place of the inoperable valve
and the leak integrity of the penetration was verified. This alternate
corrective action is consistent with the standard TSs for Combustion
Engineering plants. Following discussions with the licensee, the NRC
staff determined that the alternate corrective action provided adequate
safety and a Notice of Enforcement Discretion (NOED) was approved on
February 15, 2006, to allow continued operation of St. Lucie Unit 2
with the blank flange in place until the TSs were revised or until
March 24, 2006, whichever occurs first. The reason for the exigency is
to complete the processing of the proposed amendment within the time
frame of the NOED.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR 50.92, this means that operation of
the facility in accordance with the proposed amendments would not (1)
Involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
(1) Operation of the facility in accordance with the proposed
amendments would not involve a significant increase in the
probability or consequences of an accident previously evaluated.
The proposed change to the St. Lucie Unit 2 Technical
Specifications will allow isolation of the affected penetration
using a closed and de-activated automatic valve with resilient seals
or a blind flange in the event that one or more containment purge
valves are not within valve leakage limits. This action is
consistent with the applicable required actions for Condition E of
Specification 3.6.3 of NUREG-1432, ``Standard Technical
Specifications Combustion Engineering Plants.'' The containment
purge valves are part of the containment purge and/or the continuous
purge/hydrogen purge systems. The containment purge valves are not
accident initiators. In addition, neither the containment purge nor
the continuous purge/hydrogen purge systems are required for safe
shutdown of the reactor or to mitigate the consequences of a design
basis accident. The containment purge system is designed to reduce
the level of radioactive contamination in the containment atmosphere
below the limits of 10 CFR 20 so as to permit personnel access to
the containment during shutdown and refueling. The continuous purge/
hydrogen purge system is used as a not-nuclear-safety backup to the
redundant safety-related hydrogen recombiners which maintain
containment hydrogen concentration below 4% after a postulated
accident.
Use of a closed and de-activated automatic valve with resilient
seals or a blind flange to isolate a failed penetration provides a
barrier to the release of radioactivity for those accidents
previously evaluated. Therefore, operation of the facility in
accordance with the proposed amendments does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
(2) Operation of the facility in accordance with the proposed
amendments would not create the possibility of a new or different
kind of accident from any accident previously evaluated.
The containment purge valves are not accident initiators. Use of
a closed and de-activated automatic valve with resilient seals or a
blind flange to isolate a failed penetration does not introduce any
new failure modes. Therefore, operation of the facility in
accordance with the proposed amendments does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
(3) Operation of the facility in accordance with the proposed
amendments would not involve a significant reduction in a margin of
safety.
Use of a closed and de-activated automatic valve with resilient
seals or a blind flange to isolate a failed penetration will ensure
that the penetration's pressure retention containment isolation
safety function continues to be satisfied. There will be no decrease
in the ability of the containment purge or the continuous purge/
hydrogen purge systems to perform their containment
[[Page 10567]]
isolation safety function as assumed in the accident analyses. In
addition, use of a closed and de-activated automatic valve with
resilient seals or a blind flange to isolate a failed containment
purge penetration is consistent with the provisions of Condition E
of Specification 3.6.3 of NUREG-1432. Therefore, operation of the
facility in accordance with the proposed amendments will not involve
a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents 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.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings and Issuance of Orders'' in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR 2.309, which
is available at the Commission's PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible from the
Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing
or petition for leave to intervene is filed by the above date, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or
the Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact. Contentions shall be limited to
matters within the scope of the amendment under consideration. The
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
[[Page 10568]]
One White Flint North, 11555 Rockville Pike, Rockville, Maryland,
20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, hearingdocket@nrc.gov; or (4) facsimile transmission
addressed to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC, Attention: Rulemakings and Adjudications
Staff at (301) 415-1101, verification number is (301) 415-1966. A copy
of the request for hearing and petition for leave to intervene should
also be sent to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and it is requested
that copies be transmitted either by means of facsimile transmission to
301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A copy of the
request for hearing and petition for leave to intervene should also be
sent to M. S. Ross, Managing Attorney, Florida Power & Light Company,
P.O. Box 14000, Juno Beach, FL 33408-0420, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated February 21, 2006, which is available
for public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site https://www.nrc.gov/reading-rm.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 23rd day of February 2006.
For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-2856 Filed 2-28-06; 8:45 am]
BILLING CODE 7590-01-P
