Pilgrim Nuclear Power Station, Entergy Nuclear Operations, Inc.; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 6609-6611 [E7-2321]
Download as PDF
<![CDATA[
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
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
VerDate Aug<31>2005
19:52 Feb 09, 2007
Jkt 211001
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 William A. Horin, Esq., Winston
& Strawn, 1700 K Street, NW.,
Washington, DC 20006–3817, attorney
for the licensee.
For further details with respect to this
action, see the application for
amendment dated February 2, 2007,
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 6th day
of February 2007.
PO 00000
6609
For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing Office
of Nuclear Reactor Regulation.
[FR Doc. E7–2374 Filed 2–9–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–272]
Pilgrim Nuclear Power Station, Entergy
Nuclear Operations, Inc.; 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 or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. DPR–35 issued to Entergy
Nuclear Operations, Inc. (the licensee)
for operation of the Pilgrim Nuclear
Power Station (Pilgrim), located in
Plymouth County, Massachusetts.
The amendment request dated
January 15, 2007, supercedes the
previously submitted license
amendment request dated April 12,
2006, proposing new PressureTemperature (PT) curves and to extend
the applicability of current PT limits
expressed in Technical Specification
Figures 3.6.1, 3.6.2, and 3.6.3 through
the end of operating cycle 18.
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 Title 10
of the Code of Federal Regulations (10
CFR), Section 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; (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. Does the proposed change involve a
significant increase in the probability or
Frm 00093
Fmt 4703
Sfmt 4703
E:\FR\FM\12FEN1.SGM
12FEN1
sroberts on PROD1PC70 with NOTICES
6610
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
consequences of an accident previously
evaluated?
Response: No.
The proposed License Amendment (LA)
does not involve a significant increase in the
probability or consequences of an accident
previously evaluated. There are no physical
changes to the plant being introduced by the
proposed changes to a restriction associated
with the pressure-temperature curves. The
proposed change does not modify the reactor
coolant pressure boundary, (i.e., there are no
changes in operating pressure, materials, or
seismic loading). The proposed change does
not adversely affect the integrity of the
reactor coolant pressure boundary such that
its function in the control of radiological
consequences is affected.
The current pressure-temperature curves
were generated in accordance with the
fracture toughness requirements of 10 CFR
Part 50, Appendix G, and American Society
of Mechanical Engineers (ASME) Boiler and
Pressure Vessel (B&PV) Code, Section Xl,
Appendix G and NRC Regulatory Guide 1.99,
Revision 2, ‘‘Radiation Embrittlement of
Reactor Vessel Materials.’’ The current
pressure-temperature curves were established
in compliance with the methodology used to
calculate and predict effects of radiation on
embrittlement of reactor vessel beltline
materials. The use of the proposed pressuretemperature curves through operating cycle
18 is acceptable because sufficient margin
exists between the actual Effective Full
Power Years (EFPYs) and the Effective Full
Power Years used to establish the 48 EFPY
curve. This proposed license amendment
provides compliance with the intent of 10
CFR Part 50, Appendix G, and provides
margins of safety that assure reactor vessel
integrity.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the [proposed] change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed license amendment does not
create the possibility of new or different kind
of accident from any accident previously
evaluated. The pressure-temperature curves
were generated in accordance with the
fracture toughness requirements of 10 CFR
Part 50, Appendix G, and ASME B&PV Code,
Section Xl, Appendix G. Compliance with
the proposed pressure-temperature curves
will ensure the avoidance of conditions in
which brittle fracture of primary coolant
pressure boundary materials is possible
because such compliance with the current
pressure-temperature curves provides
sufficient protection against a nonductiletype fracture of the reactor pressure vessel.
No new modes of operation are introduced
by the proposed change. The proposed
change will not create any failure mode not
bounded by previously evaluated accidents.
Further, the proposed change does not affect
any activities or equipment and is not
assumed in any safety analysis to initiate any
accident sequence. Therefore, the proposed
change does not create the possibility of a
VerDate Aug<31>2005
19:52 Feb 09, 2007
Jkt 211001
new or different kind of accident from any
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The current curves are based on
established NRC and ASME methodologies in
force when LA 197 was approved. The
proposed license amendment requests the
use of the proposed curves for two additional
operating cycles. This is acceptable because
sufficient margin exists between actual
EFPYs and the EFPYs used in the
development of the existing curves to yield
a conservatism factor slightly in excess of 1.8.
Operation within the current limits ensures
that the reactor vessel materials will continue
to behave in a non-brittle manner, thereby
preserving the original safety design bases.
No plant safety limits, set points, or design
parameters are adversely affected by the
proposed changes. Therefore, the proposed
change does 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 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 60day 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
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
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
O1F21, 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 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 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
E:\FR\FM\12FEN1.SGM
12FEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
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 amendment
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 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.
VerDate Aug<31>2005
19:52 Feb 09, 2007
Jkt 211001
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 Travis C. McCullough, Assistant
General Counsel, Entergy Nuclear
Operations, Inc., 400 Hamilton Avenue,
White Plains, NY 10601, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated January 15, 2007,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, File Public Area
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible from
the 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.
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
6611
Dated at Rockville, Maryland, this 5th day
of February 2007.
For the Nuclear Regulatory Commission.
James Kim,
Project Manager, Plant Licensing Branch I–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–2321 Filed 2–9–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334 and 50–412]
FirstEnergy Nuclear Operating
Company, Firstenergy Nuclear
Generation Corp.; Ohio Edison
Company; The Toledo Edison
Company; Beaver Valley Power
Station, Unit Nos. 1 and 2;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Facility
Operating License Nos. DPR–66 and
NPF–73, issued to the FirstEnergy
Nuclear Operating Company (the
licensee) for operation of the Beaver
Valley Power Station, Unit Nos. 1 and
2 (BVPS–1 and 2), located in Beaver
County, Pennsylvania. Pursuant to Title
10 of the Code of Federal Regulations
(10 CFR) Sections 51.21 and 51.32, the
NRC is issuing this environmental
assessment and finding of no significant
impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would be a
conversion from the current Technical
Specifications (CTSs) to the Improved
Technical Specifications (ITSs) format
based on NUREG–1431, ‘‘Standard
Technical Specifications—
Westinghouse Plants,’’ Revision 2. The
proposed action is in accordance with
the licensee’s application dated
February 25, 2005, as supplemented by
letters dated November 11, 2005, April
19, September 9, October 24, and
December 7, 2006.
The Need for the Proposed Action
The Commission’s ‘‘Proposed Policy
Statement on Technical Specifications
Improvements for Nuclear Power
Reactors’’ (52 FR 3788), dated February
6, 1987, contained an Interim Policy
Statement that set forth objective criteria
for determining which regulatory
requirements and operating restrictions
should be included in the Technical
Specifications (TSs) for nuclear power
plants. When it issued the Interim
Policy Statement, the Commission also
E:\FR\FM\12FEN1.SGM
12FEN1
]]>Agencies
[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6609-6611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2321]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-272]
Pilgrim Nuclear Power Station, Entergy Nuclear Operations, Inc.;
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 or the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-35 issued to Entergy Nuclear Operations, Inc. (the licensee) for
operation of the Pilgrim Nuclear Power Station (Pilgrim), located in
Plymouth County, Massachusetts.
The amendment request dated January 15, 2007, supercedes the
previously submitted license amendment request dated April 12, 2006,
proposing new Pressure-Temperature (PT) curves and to extend the
applicability of current PT limits expressed in Technical Specification
Figures 3.6.1, 3.6.2, and 3.6.3 through the end of operating cycle 18.
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 Title 10 of the Code of Federal Regulations
(10 CFR), Section 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; (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. Does the proposed change involve a significant increase in
the probability or
[[Page 6610]]
consequences of an accident previously evaluated?
Response: No.
The proposed License Amendment (LA) does not involve a
significant increase in the probability or consequences of an
accident previously evaluated. There are no physical changes to the
plant being introduced by the proposed changes to a restriction
associated with the pressure-temperature curves. The proposed change
does not modify the reactor coolant pressure boundary, (i.e., there
are no changes in operating pressure, materials, or seismic
loading). The proposed change does not adversely affect the
integrity of the reactor coolant pressure boundary such that its
function in the control of radiological consequences is affected.
The current pressure-temperature curves were generated in
accordance with the fracture toughness requirements of 10 CFR Part
50, Appendix G, and American Society of Mechanical Engineers (ASME)
Boiler and Pressure Vessel (B&PV) Code, Section Xl, Appendix G and
NRC Regulatory Guide 1.99, Revision 2, ``Radiation Embrittlement of
Reactor Vessel Materials.'' The current pressure-temperature curves
were established in compliance with the methodology used to
calculate and predict effects of radiation on embrittlement of
reactor vessel beltline materials. The use of the proposed pressure-
temperature curves through operating cycle 18 is acceptable because
sufficient margin exists between the actual Effective Full Power
Years (EFPYs) and the Effective Full Power Years used to establish
the 48 EFPY curve. This proposed license amendment provides
compliance with the intent of 10 CFR Part 50, Appendix G, and
provides margins of safety that assure reactor vessel integrity.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the [proposed] change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed license amendment does not create the possibility
of new or different kind of accident from any accident previously
evaluated. The pressure-temperature curves were generated in
accordance with the fracture toughness requirements of 10 CFR Part
50, Appendix G, and ASME B&PV Code, Section Xl, Appendix G.
Compliance with the proposed pressure-temperature curves will ensure
the avoidance of conditions in which brittle fracture of primary
coolant pressure boundary materials is possible because such
compliance with the current pressure-temperature curves provides
sufficient protection against a nonductile-type fracture of the
reactor pressure vessel. No new modes of operation are introduced by
the proposed change. The proposed change will not create any failure
mode not bounded by previously evaluated accidents. Further, the
proposed change does not affect any activities or equipment and is
not assumed in any safety analysis to initiate any accident
sequence. Therefore, the proposed change does not create the
possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The current curves are based on established NRC and ASME
methodologies in force when LA 197 was approved. The proposed
license amendment requests the use of the proposed curves for two
additional operating cycles. This is acceptable because sufficient
margin exists between actual EFPYs and the EFPYs used in the
development of the existing curves to yield a conservatism factor
slightly in excess of 1.8.
Operation within the current limits ensures that the reactor
vessel materials will continue to behave in a non-brittle manner,
thereby preserving the original safety design bases. No plant safety
limits, set points, or design parameters are adversely affected by
the proposed changes. Therefore, the proposed change does 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 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 (PDR), located at One White Flint North, Public File Area
O1F21, 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
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 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
[[Page 6611]]
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
amendment 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 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 Travis C. McCullough,
Assistant General Counsel, Entergy Nuclear Operations, Inc., 400
Hamilton Avenue, White Plains, NY 10601, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated January 15, 2007, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible from the 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 5th day of February 2007.
For the Nuclear Regulatory Commission.
James Kim,
Project Manager, Plant Licensing Branch I-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-2321 Filed 2-9-07; 8:45 am]
BILLING CODE 7590-01-P
