Union Electric Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 59136-59138 [E6-16564]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Notices]
[Pages 59136-59138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16564]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483]


Union Electric Company; Notice of Consideration of Issuance of 
Amendment to Facility Operating License, 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 Operating License No. 
NPF-30, issued to Union Electric Company (the licensee), for operation 
of the Callaway Plant, Unit 1 (Callaway), located in Callaway County, 
Missouri.
    The proposed amendment would change the plant Technical 
Specifications (TSs) consistent with the NRC-approved Revision 0 to 
Technical Specification Task Force (TSTF) Standard Technical 
Specification Change Traveler, TSTF-419. The amendment would revise (1) 
the definition of the Pressure and Temperature Limits Report (PTLR) in 
Section 1.1, ``Definitions,'' and (2) TS 5.6.6, ``Reactor Coolant 
System (RCS) Pressure and Temperature Limits Report (PTLR).'' The 
licensee submitted its request to revise the TSs in its application 
dated September 20, 2006.
    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.
    The Commission has made a proposed determination 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 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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes to reference the Topical Report number and 
title do not alter the use of the analytical methods used to determine 
the P/T [pressure/temperature] limits or COMS [cold over pressure 
mitigation system] setpoints that have been reviewed and approved by 
the NRC. This method of referencing Topical Reports would allow the use 
of current Topical Reports to support limits in the PTLR without having 
to submit an amendment to the operating license. Implementation of 
revisions to Topical Reports would still be reviewed and where required 
receive NRC review and approval. The proposed changes do not adversely 
affect accident initiators or precursors nor alter the design 
assumptions, conditions, or configuration of the facility or the manner 
in which the plant is operated and maintained. The proposed changes do 
not alter or prevent the ability of structures, systems, and components 
(SSCs) from performing their intended

[[Page 59137]]

[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 an 
accident previously evaluated. Further, the proposed changes do not 
increase the types or amounts of radioactive effluent that may be 
released offsite, nor significantly increase individual or cumulative 
occupational/public radiation exposures. The proposed changes are 
consistent with safety analysis assumptions and resultant consequences.
    Therefore, the proposed change[s do] not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes to reference the Topical Report number and 
title do not alter the use of the analytical methods used to determine 
the P/T limits or COMS setpoints that have been reviewed and approved 
by the NRC. This method of referencing Topical Reports would allow the 
use of current Topical Reports to support limits in the PTLR without 
having to submit an amendment to the operating license. Implementation 
of revisions to Topical Reports would still be reviewed in accordance 
with 10 CFR 50.59 [Section 50.59 of Title 10 to the Code of Federal 
Regulations] and where required receive NRC review and approval. 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. In addition, the changes do 
not impose any new or different requirements or eliminate any existing 
requirements. The changes do not alter assumptions made in the safety 
[analyses for the plant.] The proposed changes are consistent with the 
safety analysis assumptions and current plant operating practice.
    Therefore, the proposed change[s do] not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes to reference the Topical Report number and 
title do not alter the use of the analytical methods used to determine 
the P/T limits or COMS setpoints that have been reviewed and approved 
by the NRC. This method of referencing Topical Reports would allow the 
use of current Topical Reports to support limits in the PTLR without 
having to submit an amendment to the operating license; 
[i]mplementation of revisions to Topical Reports would still be 
reviewed in accordance with 10 CFR 50.59 and where required receive NRC 
review and approval. The proposed changes do not alter the manner in 
which safety limits, limiting safety system settings[,] or limiting 
conditions for operation are determined. The setpoints at which 
protective actions are initiated are not altered by the proposed 
changes. Sufficient equipment remains available to actuate upon demand 
for the purpose of mitigating an analyzed event. Therefore, it is 
concluded that this change does not involve a significant reduction in 
the 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 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 amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment 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, Rulemaking, 
Directives and Editing 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, 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 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'' 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 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/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

[[Page 59138]]

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, 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 John O'Neill, Esq., 
Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, NW., Washington, DC 
20037, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated September 20, 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, or 301-415-4737, or by 
e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 2nd day of October 2006.

    For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-16564 Filed 10-5-06; 8:45 am]
BILLING CODE 7590-01-P