Nuclear Management Company; Palisades Nuclear Plant; Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment and Opportunity for a Hearing, 66805-66806 [E6-19363]
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
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the advanced zirconium-based and M5
cladding under LOCA conditions. The
unique features of the LFAs were
evaluated for effects on the LOCA
analysis. The results showed that the
LFAs would not adversely affect the
ECCS performance. Since the current
four LFAs will be located at nonlimiting core locations, the licensee
concludes that the LOCA safety analyses
will remain bounding for these LTAs for
Calvert Cliffs Units 1 and 2.
Paragraph I.A.5 of Appendix K to 10
CFR Part 50 states that the rates of
energy, hydrogen concentration, and
cladding oxidation from the metal-water
reaction shall be calculated using the
Baker-Just equation. Since the BakerJust equation presumes the use of
zircaloy clad fuel, strict application of
the rule would not permit use of the
equation for the advanced zirconiumbased and M5 alloys for determining
acceptable fuel performance. The
underlying intent of this portion of the
Appendix, is to ensure that analysis of
fuel response to LOCAs is
conservatively calculated. The
Westinghouse safety evaluation and
approved Framatome ANP topical
report show that due to the similarities
in the chemical composition of the
advanced zirconium-based and M5
alloys and zircaloy, the application of
the Baker-Just equation in the analysis
of the advanced zirconium-based and
M5 clad fuel rods will continue to
conservatively bound all post-LOCA
scenarios. Thus, application of
Appendix K, Paragraph I.A.5 is not
necessary for the licensee to achieve its
underlying purpose in these
circumstances.
Based on the above, no new accident
precursors are created by the exemption
to allow use of advanced zirconiumbased and M5 alloy clad fuel, thus, the
probability of postulated accidents is
not increased. Also, based on the above,
the consequences of postulated
accidents are not increased. Therefore,
there is no undue risk [since risk is
probability × consequences] to public
health and safety.
Consistent With Common Defense and
Security
The proposed exemption would allow
the use of LFAs with advanced cladding
materials. This change to the plant core
configuration has no relation to security
issues. Therefore, the common defense
and security is not impacted by this
exemption.
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. The underlying
purpose of 10 CFR 50.46 and Appendix
K to 10 CFR Part 50 is to establish
acceptance criteria for ECCS
performance. The licensee stated that
the wording of the regulations renders
the criteria of 10 CFR 50.46 and
Appendix K inapplicable to the
advanced zirconium-based cladding,
even though the Westinghouse safety
evaluation and the approved Framatome
ANP topical reports show that the intent
of the regulations are met. Therefore,
since the underlying purpose of 10 CFR
50.46 and Appendix K to 10 CFR Part
50 is achieved with the use of the
advanced zirconium-based cladding, the
special circumstances required by 10
CFR 50.12(a)(2)(ii) for granting of an
exemption from 10 CFR 50.46 and
Appendix K exist.
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants the
licensee an exemption from the
requirements of 10 CFR 50.46 and 10
CFR Part 50, Appendix K with respect
to the use of LFAs with advanced
zirconium-based alloy cladding (already
irradiated for two cycles at Calvert Cliffs
1 during cycle 19 or Calvert Cliffs 2
during cycle 17).
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (71 FR 64747).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 9th day
of November 2006.
For The Nuclear Regulatory Commission
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–19370 Filed 11–15–06; 8:45 am]
BILLING CODE 7590–01–P
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
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66805
NUCLEAR REGULATORY
COMMISSION
[DOCKET NO. 50–255]
Nuclear Management Company;
Palisades Nuclear Plant; Notice of
Consideration of Approval of Transfer
of Facility Operating License and
Conforming Amendment and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under 10 CFR 50.80 approving the
transfer of Facility Operating License
No. DPR–20 for Palisades Nuclear Plant
(Palisades) currently held by Consumers
Energy Company (Consumers) and
Nuclear Management Company, LLC
(NMC), as licensed operator of
Palisades. The transfer would be to
Entergy Nuclear Palisades, LLC (Entergy
Nuclear Palisades). The Commission is
also considering amending the license
for administrative purposes to reflect
the proposed transfer.
According to an application for
approval filed by Consumers, NMC,
Entergy Nuclear Palisades, and ENO,
Entergy Nuclear Palisades would
acquire ownership of the facility
following approval of the proposed
license transfer, and ENO would
possess, use, and operate Palisades. No
physical changes to the Palisades
facility or operational changes are being
proposed in the application.
The proposed amendment would
replace references to Consumers and
NMC in the license with references to
Entergy Nuclear Palisades and ENO to
reflect the proposed transfer, and revise
paragraph 1. B to be consistent with
paragraph 2 regarding the disposition of
the Provisional Operating License.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the transfer of a license,
if the Commission determines that the
proposed transferee is qualified to hold
the license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto.
Before issuance of the proposed
conforming 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.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
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66806
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility which
does no more than conform the license
to reflect the transfer action involves no
significant hazards consideration. No
contrary determination has been made
with respect to this specific license
amendment application. In light of the
generic determination reflected in 10
CFR 2.1315, no public comments with
respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person
whose interest may be affected by the
Commission’s action on the application
may request a hearing and, if not the
applicant, may petition for leave to
intervene in a hearing proceeding on the
Commission’s action. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii).
Requests for a hearing and petitions
for leave to intervene should be served
upon Douglas E. Levanway, Wise,
Carter, Child, and Caraway, P.O. Box
651, Jackson, MS 39205, 601–968–5524,
facsimile: 601–968–5593, e-mail:
DEL@wisecarter.com, and Sam
Behrends, LeBoeuf, Lamb, Greene &
MacRae, 1875 Connecticut Ave., NW.,
Suite 1200, Washington, DC 20009,
202–986–8108, facsimile: 202–986–
8102, e-mail: Sbehrend@llgm.com; the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001 (e-mail address for
filings regarding license transfer cases
only: OGCLT@NRC.gov); and the
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Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff, in
accordance with 10 CFR 2.302 and
2.305.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to requests for
hearing and petitions to intervene,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated August
31, 2006, 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/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 3rd day
of November, 2006.
For The Nuclear Regulatory Commission.
L. Mark Padovan,
Project Manager, Plant Licensing Branch III–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–19363 Filed 11–15–06; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–263]
Nuclear Management Company, LLC;
Monticello Nuclear Generating Plant;
Notice of Issuance of Renewed
Facility; Operating License No. DPR–
22; Record of Decision for an
Additional 20-Year Period
Notice is hereby given that the U.S.
Nuclear Regulatory Commission (the
Commission) has issued Renewed
Facility Operating License No. DPR–22
to Nuclear Management Company, LLC
(licensee), the operator of the Monticello
Nuclear Generating Plant (MNGP).
Renewed Facility Operating License No.
DPR–22 authorizes operation of MNGP
by the licensee at reactor core power
levels not in excess of 1775 megawatts
thermal (600 megawatts electric) in
accordance with the provisions of the
MNGP renewed license and its
Technical Specifications.
This notice also serves as the record
of decision for the renewal of Facility
Operating License No. DPR–22 for
MNGP, Unit 1. As discussed in the final
Supplemental Environmental Impact
Statement (FSEIS) for MNGP, dated
September 2006, the Commission has
considered a range of reasonable
alternatives that included generation
from coal, natural gas, oil, coalgasification, new nuclear, wind, solar,
hydropower, geothermal, wood waste,
municipal solid waste, other biomassderived fuels, fuel cells, delayed
retirement, utility-sponsored
conservation, a combination of
alternatives, and a no-action alternative.
This range of alternatives was discussed
in the Generic Environmental Impact
Statement for License Renewal,
Supplement 26 regarding Monticello
Nuclear Generating Plant.
After weighing the environmental,
economic, technical and other benefits
of the facility against environmental
costs and considering available
alternatives, the Commission found that
the adverse environmental impacts of
license renewal are not so great that
preserving the option of license renewal
would be unreasonable. The
Commission also has taken all
practicable measures within its
jurisdiction to avoid or minimize
environmental harm in its decision to
renew Facility Operating License No.
DPR–22. No license conditions are
imposed in connection with mitigation
measures.
The MNGP plant is a Boiling Water
Reactor located in Monticello, MN.
The application for the renewed
license complied with the standards and
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]]>Agencies
[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Pages 66805-66806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19363]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[DOCKET NO. 50-255]
Nuclear Management Company; Palisades Nuclear Plant; Notice of
Consideration of Approval of Transfer of Facility Operating License and
Conforming Amendment and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
transfer of Facility Operating License No. DPR-20 for Palisades Nuclear
Plant (Palisades) currently held by Consumers Energy Company
(Consumers) and Nuclear Management Company, LLC (NMC), as licensed
operator of Palisades. The transfer would be to Entergy Nuclear
Palisades, LLC (Entergy Nuclear Palisades). The Commission is also
considering amending the license for administrative purposes to reflect
the proposed transfer.
According to an application for approval filed by Consumers, NMC,
Entergy Nuclear Palisades, and ENO, Entergy Nuclear Palisades would
acquire ownership of the facility following approval of the proposed
license transfer, and ENO would possess, use, and operate Palisades. No
physical changes to the Palisades facility or operational changes are
being proposed in the application.
The proposed amendment would replace references to Consumers and
NMC in the license with references to Entergy Nuclear Palisades and ENO
to reflect the proposed transfer, and revise paragraph 1. B to be
consistent with paragraph 2 regarding the disposition of the
Provisional Operating License.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the transfer of
a license, if the Commission determines that the proposed transferee is
qualified to hold the license, and that the transfer is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission pursuant thereto.
Before issuance of the proposed conforming 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.
As provided in 10 CFR 2.1315, unless otherwise determined by the
[[Page 66806]]
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration. No contrary
determination has been made with respect to this specific license
amendment application. In light of the generic determination reflected
in 10 CFR 2.1315, no public comments with respect to significant
hazards considerations are being solicited, notwithstanding the general
comment procedures contained in 10 CFR 50.91.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person whose interest may be affected by the Commission's action on the
application may request a hearing and, if not the applicant, may
petition for leave to intervene in a hearing proceeding on the
Commission's action. Requests for a hearing and petitions for leave to
intervene should be filed in accordance with the Commission's rules of
practice set forth in Subpart C ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
Part 2. In particular, such requests and petitions must comply with the
requirements set forth in 10 CFR 2.309. Untimely requests and petitions
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for
failure to file on time is established. In addition, an untimely
request or petition should address the factors that the Commission will
also consider, in reviewing untimely requests or petitions, set forth
in 10 CFR 2.309(c)(1)(i)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon Douglas E. Levanway, Wise, Carter, Child, and Caraway,
P.O. Box 651, Jackson, MS 39205, 601-968-5524, facsimile: 601-968-5593,
e-mail: DEL@wisecarter.com, and Sam Behrends, LeBoeuf, Lamb, Greene &
MacRae, 1875 Connecticut Ave., NW., Suite 1200, Washington, DC 20009,
202-986-8108, facsimile: 202-986-8102, e-mail: Sbehrend@llgm.com; the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001 (e-mail address for filings regarding license transfer cases
only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302
and 2.305.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, within 30 days from the date of publication of this notice,
persons may submit written comments regarding the license transfer
application, as provided for in 10 CFR 2.1305. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated August 31, 2006, 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/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 3rd day of November, 2006.
For The Nuclear Regulatory Commission.
L. Mark Padovan,
Project Manager, Plant Licensing Branch III-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-19363 Filed 11-15-06; 8:45 am]
BILLING CODE 7590-01-P
