Dominion Nuclear Connecticut, Inc.; Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 28534-28537 [E8-11030]
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28534
Federal Register / Vol. 73, No. 96 / Friday, May 16, 2008 / Notices
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collected; (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
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technology should be addressed to:
Office of Information and Regulatory
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for National Science Foundation, 725
7th Street, NW., Room 10235,
Washington, DC 20503, and to Suzanne
H. Plimpton, Reports Clearance Officer,
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Virginia 22230 or send e-mail to
splimpto@nsf.gov. Comments regarding
these information collections are best
assured of having their full effect if
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SUPPLEMENTARY INFORMATION:
Title of Collection: 2008 National
Survey of College Graduates.
OMB Approval Number: 3145–0141.
Expiration Date of Approval: February
28, 2009.
Type of Request: Intent to seek
approval to extend an information
collection for three years.
1. Abstract
The National Survey of College
Graduates (NSCG), formerly called the
National Survey of Natural and Social
Scientists and Engineers, has been
conducted biennially since the 1970s.
The 2008 NSCG will consist of a sample
of individuals under age 76 who had
responded to the 2006 NSCG, and the
2006 National Survey of Recent College
Graduates who either have at least one
bachelor’s degree in a science and
engineering (S&E) field, or have at least
a bachelor’s degree in a non-S&E field
but work in an S&E occupation. The
purpose of this longitudinal study is to
provide national estimates on the
science and engineering workforce and
changes in employment, education and
demographic characteristics. The study
is one of three components of the
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System (SESTAT), which produces
national estimates of the size and
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characteristics of the nation’s science
and engineering workforce.
The National Science Foundation Act
of 1950, as subsequently amended,
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provide a central clearinghouse for the
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of data on scientific and engineering
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comply with these mandates by
providing information on the supply
and utilization of the nation’s scientists
and engineers. Collected data will be
used to produce estimates of the
characteristics of these individuals.
They will also provide necessary input
into the SESTAT labor force data
system, which produces national
estimates of the size and characteristics
of the country’s science and engineering
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The Bureau of the Census, as in the
past, will conduct the study for NSF.
Questionnaires will be mailed in
October 2008 and nonrespondents to the
mail questionnaire will be followed up
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2. Expected Respondents
A statistical sample of approximately
68,000 persons, identified as having at
least one bachelor’s degree in a science
and engineering (S&E) field, or having at
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on average it will take approximately 25
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Assuming a 90% response rate, NSF
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estimates that the total burden for the
2008 NSCG will be 25,600 hours.
Dated: May 12, 2008.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. E8–10939 Filed 5–15–08; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–336 and 50–423]
Dominion Nuclear Connecticut, Inc.;
Notice of Consideration of Issuance of
Amendment to Renewed Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Renewed Facility Operating License
Nos. DPR–65 and NPF–49 issued to
Dominion Nuclear Connecticut, Inc.
(DNC, the licensee), for operation of the
Millstone Power Station, Unit Nos. 2
(MPS2) and 3 (MPS3), located in New
London County, Connecticut.
The proposed amendment would
modify the Technical Specifications
(TSs) and facility operating licenses in
response to the application dated July
13, 2007, as supplemented by letters
dated December 7, 2007, March 5 and
25, 2008, and April 28, 2008. The
proposed amendment would establish
more effective and appropriate action,
surveillance, and administrative
requirements related to ensuring the
habitability of the control room
envelope (CRE) in accordance with the
Commission-approved TS Task Force
(TSTF) Standard Technical
Specification change traveler TSTF–448,
Revision 3, ‘‘Control Room
Habitability.’’ Additionally, the
proposed amendment would change the
‘‘irradiated fuel movement’’ terminology
and adopt ‘‘movement of recently
irradiated fuel assemblies’’ terminology
consistent with TSTF–448, Revision 3.
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
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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:
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
(a) The proposed change does not
adversely affect accident initiators or
precursors nor alter the design assumptions,
conditions, or configuration of the facility.
The proposed change does not alter or
prevent the ability of structures, systems, and
components (SSCs) to perform their intended
function to mitigate the consequences of an
initiating event within the assumed
acceptance limits. The proposed change
revises the TS for the CRE emergency
ventilation system, which is a mitigation
system designed to minimize unfiltered air
leakage into the CRE and to filter the CRE
atmosphere to protect the CRE occupants in
the event of accidents previously analyzed.
An important part of the CRE emergency
ventilation system is the CRE boundary. The
CRE emergency ventilation system is not an
initiator or precursor to any accident
previously evaluated. Therefore, the
probability of any accident previously
evaluated is not increased. Performing tests
to verify the operability of the CRE boundary
and implementing a program to assess and
maintain CRE habitability ensure that the
CRE emergency ventilation system is capable
of adequately mitigating radiological
consequences to CRE occupants during
accident conditions, and that the CRE
emergency ventilation system will perform as
assumed in the consequence analyses of
design basis accidents. Thus, the
consequences of any accident previously
evaluated are not increased. Therefore, the
proposed change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
(b) The proposed change revising the TS
from ‘‘irradiated fuel movement’’ to
‘‘movement of recently irradiated fuel
assemblies,’’ referred to hereafter as the
‘‘recently irradiated fuel’’ change, is used to
establish operational conditions on CRE
emergency ventilation where significant
radioactive releases can be postulated. These
operational conditions are consistent with
the design basis analysis. Inoperability of the
CRE emergency ventilation system cannot
increase the probability of a fuel handling
accident (FHA) because the CRE emergency
ventilation system is not considered an
initiator to a FHA. The definition will allow
fuel movement without the requirement of an
operable CRE emergency ventilation system
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as long as fuel exceeds the decay time
specified in the TS bases. As submitted to the
NRC in the Response to Request for
Additional Information, dated December 7,
2007, this decay time is 300 hours for MPS2
and MPS3 (350 hours for MPS3 [Stretch
Power Uprate] SPU). The consequences of a
FHA while moving non-recently irradiated
fuel without an operable CRE emergency
ventilation system remain less than the limits
specified in 10 CFR 50.67. Other TS changes
relating to ‘‘recently irradiated fuel’’ do not
involve any accidents previously evaluated.
Therefore the proposed ‘‘recently irradiated
fuel’’ change does not involve a significant
increase in the probability or consequences
of an accident previously evaluated.
Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident From Any Accident
Previously Evaluated
(a) The proposed change does not impact
the accident analysis. The proposed change
does not alter the required mitigation
capability of the CRE emergency ventilation
system, or its functioning during accident
conditions as assumed in the licensing basis
analyses of design basis accident radiological
consequences to CRE occupants. No new or
different accidents result from performing the
new surveillance or following the new
program. The proposed change does not
involve a physical alteration of the plant (i.e.,
no new or different type of equipment will
be installed) or a significant change in the
methods governing normal plant operation.
The proposed change does not alter any
safety analysis assumptions and is consistent
with current plant operating practice.
Therefore, this change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
(b) The proposed ‘‘recently irradiated fuel’’
change does not affect nor create a different
type of FHA. The FHA analyses continue to
assume that all the iodine and noble gases
that become airborne, escape and reach the
CRE with no credit taken for deposition,
filtration, or containment of the release. The
proposed ‘‘recently irradiated fuel’’ change
does not involve the addition or modification
of equipment or the design of plant systems.
The proposed ‘‘recently irradiated fuel’’
change does not alter the mitigating
capability of the CRE emergency ventilation
system after a FHA involving recently
irradiated fuel. This change only permits the
CRE emergency ventilation system to be
inoperable for a FHA involving fuel that has
decayed beyond the ‘‘recently irradiated
fuel’’ definition in the TS Bases. For this
consideration, the dose consequences to CR
occupants remain below the limits required
in 10 CFR 50.67. No new or different
accidents result from defining the time after
shutdown that CRE emergency ventilation
system is required to be operable. Other TS
changes relating to ‘‘recently irradiated fuel’’
do not create any accidents. Therefore, the
proposed ‘‘recently irradiated fuel’’ change
regarding recently irradiated fuel does not
create the possibility of a new or different
kind of accident from any previously
analyzed.
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Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in the Margin
of Safety
(a) The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The proposed
change does not affect safety analysis
acceptance criteria. The proposed change
will not result in plant operation in a
configuration outside the design basis for an
unacceptable period of time without
compensatory measures. The proposed
change does not adversely affect systems that
respond to safely shut down the plant and to
maintain the plant in a safe shutdown
condition. Therefore, the proposed change
does not involve a significant reduction in a
margin of safety.
(b) The proposed ‘‘recently irradiated fuel’’
change decay time limits on recently
irradiated fuel are used to establish
operational conditions on the CRE emergency
ventilation system where specific activities
represent situations where significant
radioactive releases can be postulated. Safety
margins and analytical conservatisms have
been evaluated through the use of accepted
methodology. Although CRE doses have
slightly increased for all but the MPS3
[Alternate Source Term] AST, there was not
a significant reduction in the margin of
safety. These operational conditions are
consistent with the design basis analysis and
are established such that the radiological
consequences to the CRE occupants are
below the limits specified in 10 CFR 50.67.
Other TS changes relating to ‘‘recently
irradiated fuel’’ are not related to a margin of
safety. Therefore, operations of the facility in
accordance with the proposed ‘‘recently
irradiated fuel’’ changes would not involve a
significant reduction in the margin of safety.
Based upon the above assessment and the
previous discussion of the amendment
request, DNC concludes that the proposed
change does not involve 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
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
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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 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 person(s)
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person(s) whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
via electronic submission through the
NRC E-filing system 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 person(s) 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/
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reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner 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
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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.
A request for hearing or a petition for
leave to intervene must be filed in
accordance with the NRC E–Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). The E–Filing
process requires participants to submit
and serve documents over the internet
or in some cases to mail copies on
electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E–Filing, at least five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E–Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E–Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
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docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E–Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E–Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737. Participants
who believe that they have a good cause
for not submitting documents
electronically must file a motion, in
accordance with 10 CFR 2.302(g), with
their initial paper filing requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted 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; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
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the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their submissions.
For further details with respect to this
license amendment application, see the
application for amendment dated July
13, 2007, as supplemented by letters
dated December 7, 2007, March 5 and
25, 2008, and April 28, 2008, which are
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 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 9th day
of May 2008.
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28537
For the Nuclear Regulatory Commission.
John D. Hughey,
Project Manager, Plant Licensing Branch
I–2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E8–11030 Filed 5–15–08; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
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collect from the public. Review and
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The RRB invites comments on the
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minimize the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to RRB or OIRA must contain
the OMB control number of the ICR. For
proper consideration of your comments,
it is best if RRB and OIRA receive them
within 30 days of publication date.
Under Section 2 of the Railroad
Retirement Act, dependency on an
employee for one-half support at the
time of an employee’s death can be a
condition affecting entitlement to a
survivor annuity and can affect the
amount of both spouse and survivor
annuities. One-half support is also a
condition which may negate the public
service pension offset in Tier I for a
spouse or widow(er). The Railroad
Retirement Board (RRB) utilizes Form
G–134, Statement Regarding
Contributions and Support, to secure
information needed to adequately
determine if the applicant meets the
one-half support requirement. One form
is completed by each respondent.
The RRB proposes no changes to
Form G–134.
Previous Requests for Comments: The
RRB has already published the initial
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28534-28537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11030]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-336 and 50-423]
Dominion Nuclear Connecticut, Inc.; Notice of Consideration of
Issuance of Amendment to Renewed Facility Operating License, Proposed
No Significant Hazards Consideration Determination, and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Renewed Facility Operating
License Nos. DPR-65 and NPF-49 issued to Dominion Nuclear Connecticut,
Inc. (DNC, the licensee), for operation of the Millstone Power Station,
Unit Nos. 2 (MPS2) and 3 (MPS3), located in New London County,
Connecticut.
The proposed amendment would modify the Technical Specifications
(TSs) and facility operating licenses in response to the application
dated July 13, 2007, as supplemented by letters dated December 7, 2007,
March 5 and 25, 2008, and April 28, 2008. The proposed amendment would
establish more effective and appropriate action, surveillance, and
administrative requirements related to ensuring the habitability of the
control room envelope (CRE) in accordance with the Commission-approved
TS Task Force (TSTF) Standard Technical Specification change traveler
TSTF-448, Revision 3, ``Control Room Habitability.'' Additionally, the
proposed amendment would change the ``irradiated fuel movement''
terminology and adopt ``movement of recently irradiated fuel
assemblies'' terminology consistent with TSTF-448, Revision 3.
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
[[Page 28535]]
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:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
(a) The proposed change does not adversely affect accident
initiators or precursors nor alter the design assumptions,
conditions, or configuration of the facility. The proposed change
does not alter or prevent the ability of structures, systems, and
components (SSCs) to perform their intended function to mitigate the
consequences of an initiating event within the assumed acceptance
limits. The proposed change revises the TS for the CRE emergency
ventilation system, which is a mitigation system designed to
minimize unfiltered air leakage into the CRE and to filter the CRE
atmosphere to protect the CRE occupants in the event of accidents
previously analyzed. An important part of the CRE emergency
ventilation system is the CRE boundary. The CRE emergency
ventilation system is not an initiator or precursor to any accident
previously evaluated. Therefore, the probability of any accident
previously evaluated is not increased. Performing tests to verify
the operability of the CRE boundary and implementing a program to
assess and maintain CRE habitability ensure that the CRE emergency
ventilation system is capable of adequately mitigating radiological
consequences to CRE occupants during accident conditions, and that
the CRE emergency ventilation system will perform as assumed in the
consequence analyses of design basis accidents. Thus, the
consequences of any accident previously evaluated are not increased.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
(b) The proposed change revising the TS from ``irradiated fuel
movement'' to ``movement of recently irradiated fuel assemblies,''
referred to hereafter as the ``recently irradiated fuel'' change, is
used to establish operational conditions on CRE emergency
ventilation where significant radioactive releases can be
postulated. These operational conditions are consistent with the
design basis analysis. Inoperability of the CRE emergency
ventilation system cannot increase the probability of a fuel
handling accident (FHA) because the CRE emergency ventilation system
is not considered an initiator to a FHA. The definition will allow
fuel movement without the requirement of an operable CRE emergency
ventilation system as long as fuel exceeds the decay time specified
in the TS bases. As submitted to the NRC in the Response to Request
for Additional Information, dated December 7, 2007, this decay time
is 300 hours for MPS2 and MPS3 (350 hours for MPS3 [Stretch Power
Uprate] SPU). The consequences of a FHA while moving non-recently
irradiated fuel without an operable CRE emergency ventilation system
remain less than the limits specified in 10 CFR 50.67. Other TS
changes relating to ``recently irradiated fuel'' do not involve any
accidents previously evaluated. Therefore the proposed ``recently
irradiated fuel'' change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
(a) The proposed change does not impact the accident analysis.
The proposed change does not alter the required mitigation
capability of the CRE emergency ventilation system, or its
functioning during accident conditions as assumed in the licensing
basis analyses of design basis accident radiological consequences to
CRE occupants. No new or different accidents result from performing
the new surveillance or following the new program. The proposed
change does not involve a physical alteration of the plant (i.e., no
new or different type of equipment will be installed) or a
significant change in the methods governing normal plant operation.
The proposed change does not alter any safety analysis assumptions
and is consistent with current plant operating practice. Therefore,
this change does not create the possibility of a new or different
kind of accident from any accident previously evaluated.
(b) The proposed ``recently irradiated fuel'' change does not
affect nor create a different type of FHA. The FHA analyses continue
to assume that all the iodine and noble gases that become airborne,
escape and reach the CRE with no credit taken for deposition,
filtration, or containment of the release. The proposed ``recently
irradiated fuel'' change does not involve the addition or
modification of equipment or the design of plant systems. The
proposed ``recently irradiated fuel'' change does not alter the
mitigating capability of the CRE emergency ventilation system after
a FHA involving recently irradiated fuel. This change only permits
the CRE emergency ventilation system to be inoperable for a FHA
involving fuel that has decayed beyond the ``recently irradiated
fuel'' definition in the TS Bases. For this consideration, the dose
consequences to CR occupants remain below the limits required in 10
CFR 50.67. No new or different accidents result from defining the
time after shutdown that CRE emergency ventilation system is
required to be operable. Other TS changes relating to ``recently
irradiated fuel'' do not create any accidents. Therefore, the
proposed ``recently irradiated fuel'' change regarding recently
irradiated fuel does not create the possibility of a new or
different kind of accident from any previously analyzed.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety
(a) The proposed change does not alter the manner in which
safety limits, limiting safety system settings or limiting
conditions for operation are determined. The proposed change does
not affect safety analysis acceptance criteria. The proposed change
will not result in plant operation in a configuration outside the
design basis for an unacceptable period of time without compensatory
measures. The proposed change does not adversely affect systems that
respond to safely shut down the plant and to maintain the plant in a
safe shutdown condition. Therefore, the proposed change does not
involve a significant reduction in a margin of safety.
(b) The proposed ``recently irradiated fuel'' change decay time
limits on recently irradiated fuel are used to establish operational
conditions on the CRE emergency ventilation system where specific
activities represent situations where significant radioactive
releases can be postulated. Safety margins and analytical
conservatisms have been evaluated through the use of accepted
methodology. Although CRE doses have slightly increased for all but
the MPS3 [Alternate Source Term] AST, there was not a significant
reduction in the margin of safety. These operational conditions are
consistent with the design basis analysis and are established such
that the radiological consequences to the CRE occupants are below
the limits specified in 10 CFR 50.67. Other TS changes relating to
``recently irradiated fuel'' are not related to a margin of safety.
Therefore, operations of the facility in accordance with the
proposed ``recently irradiated fuel'' changes would not involve a
significant reduction in the margin of safety.
Based upon the above assessment and the previous discussion of
the amendment request, DNC concludes that the proposed change does
not involve 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
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
[[Page 28536]]
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
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
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any
person(s) whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file a written
request via electronic submission through the NRC E-filing system 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 person(s) 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
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 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.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve documents over the internet
or in some cases to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms Viewer\TM\ is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-
submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a
[[Page 28537]]
docket created, and downloaded the EIE viewer, it can then submit a
request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737. Participants who believe that they have a good
cause for not submitting documents electronically must file a motion,
in accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted 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; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
Participants are requested not to include copyrighted materials in
their submissions.
For further details with respect to this license amendment
application, see the application for amendment dated July 13, 2007, as
supplemented by letters dated December 7, 2007, March 5 and 25, 2008,
and April 28, 2008, which are 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 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 9th day of May 2008.
For the Nuclear Regulatory Commission.
John D. Hughey,
Project Manager, Plant Licensing Branch I-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-11030 Filed 5-15-08; 8:45 am]
BILLING CODE 7590-01-P
