Virginia Electric and Power Company (Dominion); Surry Power Station, Unit Nos. 1 and 2; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 28390-28392 [E6-7497]
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28390
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Notices
3. Consider and act on other business.
4. Public comment.
[Docket Nos. 50–280 and 50–281]
FOR FURTHER INFORMATION CONTACT:
Patricia Batie, Manager of Board
Operations, at (202) 295–1500.
Special Needs: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Patricia Batie at (202) 295–
1500.
Dated: May 11, 2006.
Victor M. Fortuno,
Vice President for Legal Affairs, General
Counsel & Corporate Secretary.
[FR Doc. 06–4588 Filed 5–11–06; 5:16 pm]
BILLING CODE 7050–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
Notice of Sunshine Act Meeting
TIME:
9:30 a.m., May 23, 2006.
NTSB Conference Center, 429
L’Enfant Plaza, SW., Washington, DC
20594.
PLACE:
STATUS:
The two items are open to the
public.
MATTERS TO BE CONSIDERED:
7768, Aircraft Accident Brief—
Controlled Flight Into Terrain, Learjet
35A, N30DK, San Diego, California,
October 24, 2004.
7758, Aircraft Accident Brief—
Departure From Controlled Flight,
Learjet 24B, N600XJ, Helendale,
California, December 23, 2003.
Ted Lopatkiewicz,
Telephone: (202) 314–6100.
Individuals requesting specific
accommodations should contact Chris
Bisett at (202) 314–6305 by Friday, May
19, 2006.
The public may view the meeting via
a live or archived Webcast by accessing
a link under ‘‘News & Events’’ on the
NTSB home page at https://
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NEWS MEDIA CONTACT:
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Vicky D’Onofrio, (202) 314–6410.
Dated: May 12, 2006.
Vicky D’Onofrio,
Federal Register Liaison Officer.
[FR Doc. 06–4618 Filed 5–12–06; 1:57am]
BILLING CODE 7533–01–M
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NUCLEAR REGULATORY
COMMISSION
Virginia Electric and Power Company
(Dominion); Surry Power Station, Unit
Nos. 1 and 2; Notice of Consideration
of Issuance of Amendments to Facility
Operating Licenses, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of amendments to
Facility Operating License Nos. DPR–32
and DPR–37, issued to Virginia Electric
and Power Company (the licensee), for
operation of the Surry Power Station,
Unit Nos. 1 and 2, located in Surry
County, Virginia.
The proposed amendments would
add a requirement to Title 10 of the
Code of Federal Regulations, (10 CFR)
part 50 license to restrict the minimum
cooling time and burnup of spent fuel
assemblies that will be placed into
storage in the NUHOMS HD spent fuel
dry storage system at Surry 1 and 2
starting in the summer of 2006.
Specifically, the proposed amendments
would add Figure 5.4–2 to the Technical
Specifications (TSs) to ensure that the
NUHOMS HD canister remains
subcritical during operations in the
Surry 1 and 2 spent fuel pool.
Before issuance of the proposed
license amendments, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendments request involve no
significant hazards consideration. Under
the Commission’s regulations in 10 CFR
part 50, § 50.92, this means that
operation of the facility in accordance
with the proposed amendment 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) The probability of occurrence or the
consequences of an accident previously
evaluated is not significantly increased.
Operation under 10 CFR 50.68 for use of
the NUHOMS HD system and
implementation of additional requirements
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Fmt 4703
Sfmt 4703
on the cooling time and burnup of fuel that
is to be loaded into the NUHOMS HD 32PTH
DSC [Dry Shielded Canister] will not require
any physical changes to Part 50 structures,
systems, or components, nor will there be
any changes to the performance requirements
of existing structures, systems, or
components. Handling of spent fuel storage
casks has previously been evaluated for
Surry. When older cask designs stored under
the Surry ISFSI [Independent Spent Fuel
Storage Installation] site specific license are
returned to the station, they will be handled
and controlled in the same manner as the
initial loading and movement of these casks.
The response of the plant to previously
analyzed Part 50 accidents is not adversely
impacted, and current analyses of
radiological releases, including those for the
fuel handling accident, will continue to
bound activities related to spent fuel cask
loading, handling, and storage.
(2) The possibility of a new or different
kind of accident from any accident
previously evaluated is not created.
Neither fuel handling nor the loading and
handling of the NUHOMS HD 32PTH DSC
will be affected by operation under 10 CFR
50.68(b) or by placing additional constraints
on selection of fuel to be stored in the DSC.
When older cask designs stored under the
Surry ISFSI site specific license are returned
to the station, they will be handled and
controlled in the same manner as the initial
loading and movement of these casks. The
existing process used to ensure that fuel
assemblies selected for dry storage comply
with the specific cask and ISFSI licensing
requirements will be used to select the fuel
assemblies to be placed in the NUHOMS HD
32PTH DSC. The requirements of the
proposed new Technical Specification will
only represent additional limitations that
must be considered during this selection
process.
(3) There is not a significant reduction in
a margin of safety.
The Code of Federal Regulations identifies
compliance with 10 CFR 50.68(b) as an
acceptable alternative to compliance with 10
CFR 70.24. The emphasis of 10 CFR 70.24 is
on detection of criticality events, while the
requirements of 10 CFR 50.68(b) emphasize
prevention of inadvertent criticality events.
Operation under 10 CFR 50.68(b) is therefore
preferable to ensure that Surry complies with
the intent of General Design Criterion 62,
which specifically directs that criticality
should be prevented during fuel storage and
handling. The existing criticality limits for
the Surry Spent Fuel Pool and New Fuel
Storage Area will be maintained. The
NUHOMS HD spent fuel storage system is
currently under review for general licensing,
and has been shown to comply with the
criticality requirements identified in 10 CFR
part 72. Compliance with the proposed Surry
Technical Specification will further ensure
that the system remains safely subcritical
during all handling and storage operations
(e.g., load, unloading, handling,
decontamination, etc.) that are conducted at
the station prior to transfer of the DSC to the
ISFSI, even under the more restrictive
condition of assuming the DSC is fully
loaded with fuel of the maximum allowable
E:\FR\FM\16MYN1.SGM
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Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
reactivity and flooded with unborated water.
Application of a fuel burnup credit in this
criticality analysis ensures that the full
soluble boron concentration required in the
Spent Fuel Pool water by Surry plant
Technical Specifications is available to
provide defense in depth to an inadvertent
criticality event. The older cask designs
stored under the Surry ISFSI site specific
license will be handled in the same manner
used to initially load and move these casks,
and the criticality requirements that were
previously determined to be acceptable for
safe loading, unloading and handling of these
casks will remain applicable.
Based on the above discussion, Surry
operation under 10 CFR 50.68(b) and
implementation of the proposed Technical
Specification for use of the NUHOMS HD dry
storage system, and continued handling of
older cask designs under the original
licensing basis for these casks, will not
involve a significant increase in the
probability or consequences of an accident
previously evaluated. The possibility of a
new or different kind of accident from any
accident previously evaluated is also not
created, and there is no significant reduction
in a margin of safety. Therefore the
requirements of 10 CFR 50.92(c) are met, and
there is not a significant hazards
consideration.
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
amendments request involve no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendments until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendments before expiration of the 60day period provided that its final
determination is that the amendments
involve no significant hazards
consideration. In addition, the
Commission may issue the amendments
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example in
derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
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16:06 May 15, 2006
Jkt 208001
any hearing will take place after
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 (PDR), located at One
White Flint North, Public File Area O1
F21, 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 amendments
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’’ 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 O1F21, 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 (PDR) 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
PO 00000
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Fmt 4703
Sfmt 4703
28391
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
requestors/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 is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include 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 amendments
under consideration. The contention
must be one which, if proven, would
entitle the petitioner 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 amendments
request involve no significant hazards
consideration, the Commission may
issue the amendments and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
E:\FR\FM\16MYN1.SGM
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sroberts on PROD1PC70 with NOTICES
28392
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Notices
held would take place after issuance of
the amendments. If the final
determination is that the amendments
request involve 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,
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 the Ms. Lillian M. Cuoco,
Esquire, Senior Counsel, Dominion
Resources Services, Inc., Building 475,
5th Floor, Rope Ferry Road, Waterford,
Connecticut 06385, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated February 14, 2006,
which is available for public inspection
at the Commission’s 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 from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
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16:06 May 15, 2006
Jkt 208001
www.nrc.gov/reading-rm/adams.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 1st day
of May, 2006.
For the Nuclear Regulatory Commission.
Stephen R. Monarque,
Project Manager, Plant Licensing Branch II–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–7497 Filed 5–15–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–008]
Dominion Nuclear North Anna, LLC;
Notice of Intent To Prepare a
Supplement to the Draft Environmental
Impact Statement for the North Anna
ESP Application
On September 25, 2003, the U.S.
Nuclear Regulatory Commission (NRC,
or the Commission) received an
application pursuant to Title 10 of the
Code of Federal Regulations, Part 52 (10
CFR part 52) from Dominion Nuclear
North Anna, LLC (Dominion) for an
early site permit (ESP) for the North
Anna ESP site located in Louisa County,
Virginia near the town of Mineral. On
December 10, 2004, the NRC issued a
Federal Register notice (69 FR 71854)
announcing the availability of NUREG–
1811, ‘‘Draft Environmental Impact
Statement for an Early Site Permit (ESP)
at the North Anna ESP Site’’ (DEIS) and
sought comment on the DEIS. On April
13, 2006, Dominion submitted a
revision to its application. The revision
to the application described changes to
the cooling water system for postulated
Unit 3 at the North Anna ESP site and
an increase in power level for both
postulated Units 3 and 4.
The purpose of this notice is to inform
the public that pursuant to 10 CFR
51.72, the NRC will be preparing a
supplement to its DEIS in support of the
review of the ESP application. A
subsequent Federal Register notice will
announce the availability of the
supplement to the DEIS and will request
public comments on the supplement.
An applicant may seek an early site
permit in accordance with subpart A of
10 CFR part 52 separate from the filing
of an application for a construction
permit (CP) or combined license (COL)
for a nuclear power facility. The ESP
PO 00000
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Fmt 4703
Sfmt 4703
process allows resolution of issues
relating to siting. At any time during the
term of an ESP (up to 20 years), the
permit may be referenced in an
application for a CP or COL. The staff
evaluated possible alternatives to the
proposed action (issuance of an ESP at
the North Anna ESP site) including the
no action alternative and alternative
sites in its DEIS to determine if there
was an obviously superior alternate site.
In the supplement to the DEIS the
staff will evaluate only the impacts of
the changes proposed for the cooling
system for postulated Unit 3 and the
power increase from 4300–4500 MWt
for postulated Units 3 and 4. Scoping
was previously conducted for the
original DEIS and the the changes
described in the revision to the
application do not appear to change the
scope of the environmental evaluation
required by 10 CFR 52.18. Therefore,
pursuant to 10 CFR 51.72(c), additional
scoping is unnecessary and will not be
conducted. The Final Environmental
Impact Statement will contain both the
staff’s evaluation of the changes
proposed in the April 13, 2006, revision
to the application and the staff’s
evaluation of those areas that were not
affected by the revision.
A copy of the application, including
the environmental report, is available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852 and via 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.
The accession number for the revised
application is ML061180180. Future
publicly available documents related to
the application will also be posted in
ADAMS. 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 staff by
telephone at 1–800–397–4209 or 301–
415–4737, or by e-mail to pdr@nrc.gov.
The Louisa County Library, located at
881 Davis Highway, Mineral, Virginia
has agreed to make the application
available to local residents. The
application is also available on the NRC
Web page at https://www.nrc.gov/
reactors/new-licensing/esp/northanna.html. For further information
regarding the proposed action, contact
Mr. Nitin Patel, Project Manager at
telephone number 301–415–3201 or by
mail at U.S. Nuclear Regulatory
Commission, ATTN: Nitin Patel, Mail
Stop 0–4D9A, One White Flint North,
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Notices]
[Pages 28390-28392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7497]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-280 and 50-281]
Virginia Electric and Power Company (Dominion); Surry Power
Station, Unit Nos. 1 and 2; Notice of Consideration of Issuance of
Amendments to Facility Operating Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-32 and DPR-37, issued to Virginia Electric and Power Company (the
licensee), for operation of the Surry Power Station, Unit Nos. 1 and 2,
located in Surry County, Virginia.
The proposed amendments would add a requirement to Title 10 of the
Code of Federal Regulations, (10 CFR) part 50 license to restrict the
minimum cooling time and burnup of spent fuel assemblies that will be
placed into storage in the NUHOMS HD spent fuel dry storage system at
Surry 1 and 2 starting in the summer of 2006. Specifically, the
proposed amendments would add Figure 5.4-2 to the Technical
Specifications (TSs) to ensure that the NUHOMS HD canister remains
subcritical during operations in the Surry 1 and 2 spent fuel pool.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the
amendments request involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR part 50, Sec. 50.92, this means
that operation of the facility in accordance with the proposed
amendment 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) The probability of occurrence or the consequences of an
accident previously evaluated is not significantly increased.
Operation under 10 CFR 50.68 for use of the NUHOMS HD system and
implementation of additional requirements on the cooling time and
burnup of fuel that is to be loaded into the NUHOMS HD 32PTH DSC
[Dry Shielded Canister] will not require any physical changes to
Part 50 structures, systems, or components, nor will there be any
changes to the performance requirements of existing structures,
systems, or components. Handling of spent fuel storage casks has
previously been evaluated for Surry. When older cask designs stored
under the Surry ISFSI [Independent Spent Fuel Storage Installation]
site specific license are returned to the station, they will be
handled and controlled in the same manner as the initial loading and
movement of these casks. The response of the plant to previously
analyzed Part 50 accidents is not adversely impacted, and current
analyses of radiological releases, including those for the fuel
handling accident, will continue to bound activities related to
spent fuel cask loading, handling, and storage.
(2) The possibility of a new or different kind of accident from
any accident previously evaluated is not created.
Neither fuel handling nor the loading and handling of the NUHOMS
HD 32PTH DSC will be affected by operation under 10 CFR 50.68(b) or
by placing additional constraints on selection of fuel to be stored
in the DSC. When older cask designs stored under the Surry ISFSI
site specific license are returned to the station, they will be
handled and controlled in the same manner as the initial loading and
movement of these casks. The existing process used to ensure that
fuel assemblies selected for dry storage comply with the specific
cask and ISFSI licensing requirements will be used to select the
fuel assemblies to be placed in the NUHOMS HD 32PTH DSC. The
requirements of the proposed new Technical Specification will only
represent additional limitations that must be considered during this
selection process.
(3) There is not a significant reduction in a margin of safety.
The Code of Federal Regulations identifies compliance with 10
CFR 50.68(b) as an acceptable alternative to compliance with 10 CFR
70.24. The emphasis of 10 CFR 70.24 is on detection of criticality
events, while the requirements of 10 CFR 50.68(b) emphasize
prevention of inadvertent criticality events. Operation under 10 CFR
50.68(b) is therefore preferable to ensure that Surry complies with
the intent of General Design Criterion 62, which specifically
directs that criticality should be prevented during fuel storage and
handling. The existing criticality limits for the Surry Spent Fuel
Pool and New Fuel Storage Area will be maintained. The NUHOMS HD
spent fuel storage system is currently under review for general
licensing, and has been shown to comply with the criticality
requirements identified in 10 CFR part 72. Compliance with the
proposed Surry Technical Specification will further ensure that the
system remains safely subcritical during all handling and storage
operations (e.g., load, unloading, handling, decontamination, etc.)
that are conducted at the station prior to transfer of the DSC to
the ISFSI, even under the more restrictive condition of assuming the
DSC is fully loaded with fuel of the maximum allowable
[[Page 28391]]
reactivity and flooded with unborated water. Application of a fuel
burnup credit in this criticality analysis ensures that the full
soluble boron concentration required in the Spent Fuel Pool water by
Surry plant Technical Specifications is available to provide defense
in depth to an inadvertent criticality event. The older cask designs
stored under the Surry ISFSI site specific license will be handled
in the same manner used to initially load and move these casks, and
the criticality requirements that were previously determined to be
acceptable for safe loading, unloading and handling of these casks
will remain applicable.
Based on the above discussion, Surry operation under 10 CFR
50.68(b) and implementation of the proposed Technical Specification
for use of the NUHOMS HD dry storage system, and continued handling
of older cask designs under the original licensing basis for these
casks, will not involve a significant increase in the probability or
consequences of an accident previously evaluated. The possibility of
a new or different kind of accident from any accident previously
evaluated is also not created, and there is no significant reduction
in a margin of safety. Therefore the requirements of 10 CFR 50.92(c)
are met, and there is not a significant hazards consideration.
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
amendments request involve no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendments before expiration of the
60-day period provided that its final determination is that the
amendments involve no significant hazards consideration. In addition,
the Commission may issue the amendments prior to the expiration of the
30-day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
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
(PDR), located at One White Flint North, Public File Area O1 F21, 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 amendments 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'' 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
O1F21, 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 (PDR) 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 requestors/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 is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include 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
amendments under consideration. The contention must be one which, if
proven, would entitle the petitioner 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 amendments request involve no
significant hazards consideration, the Commission may issue the
amendments and make it immediately effective, notwithstanding the
request for a hearing. Any hearing
[[Page 28392]]
held would take place after issuance of the amendments. If the final
determination is that the amendments request involve 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, 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 the Ms. Lillian M. Cuoco,
Esquire, Senior Counsel, Dominion Resources Services, Inc., Building
475, 5th Floor, Rope Ferry Road, Waterford, Connecticut 06385, attorney
for the licensee.
For further details with respect to this action, see the
application for amendment dated February 14, 2006, which is available
for public inspection at the Commission's 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 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/adams.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 1st day of May, 2006.
For the Nuclear Regulatory Commission.
Stephen R. Monarque,
Project Manager, Plant Licensing Branch II-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-7497 Filed 5-15-06; 8:45 am]
BILLING CODE 7590-01-P
