Biweekly Notice; Applications and Amendments to Facility Operating Licenses; Involving No Significant Hazards Considerations, 40629-40638 [E8-15684]
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
NUCLEAR REGULATORY
COMMISSION
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses; Involving No Significant
Hazards Considerations
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I. Background
Pursuant to section 189a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from June 19,
2008 to July 2, 2008. The last biweekly
notice was published on July 1, 2008 (73
FR 370501).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
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-
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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 6D22, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received
may be examined at the Commission’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 a hearing and petitions for
leave to intervene is discussed below.
Within 60 days after the date of
publication of this notice, 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 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 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
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40629
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 within 60
days, 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 set forth 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/requestor
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/requestor 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/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements with respect to at least one
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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, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, 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 in 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 ViewerTMis free and is
available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
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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
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:
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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
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 submission.
For further details with respect to this
amendment action, see the application
for amendment which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 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. If
you do not have access to ADAMS or if
there are problems in accessing the
documents located in ADAMS, contact
the PDR Reference staff at 1 (800) 397–
4209, (301) 415–4737 or by e-mail to
pdr@nrc.gov.
Energy Northwest, Docket No. 50–397,
Columbia Generating Station, Benton
County, Washington
Date of amendment request: May 7,
2008.
Description of amendment request:
The proposed changes would revise
Technical Specification (TS) Limiting
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Condition for Operation (LCO) 3.10.1,
and the associated Bases, to expand its
scope to include provisions for
temperature excursions greater than 200
degrees F as a consequence of inservice
leak and hydrostatic testing, and as a
consequence of scram time testing
initiated in conjunction with an
inservice leak or hydrostatic test, while
considering operational conditions to be
in Mode 4.
The U.S Nuclear Regulatory
Commission (NRC) issued a ‘‘Notice of
Availability of Model Safety Evaluation
on Technical Specification
Improvement To Modify Requirements
Regarding LCO 3.10.1, Inservice Leak
and Hydrostatic Testing Operation
Using the Consolidated Line Item
Improvement Process’’ in the Federal
Register on October 27, 2006 (71 FR
63050). The notice referenced a model
safety evaluation, a model no significant
hazards consideration (NSHC)
determination, and a model license
amendment request published in the
Federal Register on August 21, 2006 (71
FR 48561). In its application dated May
7, 2008, the licensee affirmed the
applicability of the model NSHC
determination which is presented
below.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), an
analysis of the issue of NSHC adopted
by the licensee is presented below:
Criterion 1: The proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
Technical Specifications currently allow
for operation at greater than 200 degrees F
while imposing MODE 4 requirements in
addition to the secondary containment
requirements required to be met. Extending
the activities that can apply this allowance
will not adversely impact the probability or
consequences of an accident previously
evaluated. Therefore, the proposed 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.
Technical Specifications currently allow
for operation at greater than 200 degrees F
while imposing MODE 4 requirements in
addition to the secondary containment
requirements required to be met. No new
operational conditions beyond those
currently allowed by LCO 3.10.1 are
introduced. The changes do not involve a
physical alteration of the plant (i.e., no new
or different type of equipment will be
installed) or a change in the methods
governing normal plant operation. In
addition, the changes do not impose any new
or different requirements or eliminate any
existing requirements. The changes do not
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alter assumptions made in the safety
analysis. The proposed changes are
consistent with the safety analysis
assumptions and current plant operating
practice. Therefore, the proposed change
does not create the possibility of a new or
different kind of accident from any accident
previously evaluated.
Criterion 3: The proposed change does not
involve a significant reduction in a margin of
safety.
Technical Specifications currently allow
for operation at greater than 200 degrees F
while imposing MODE 4 requirements in
addition to the secondary containment
requirements required to be met. Extending
the activities that can apply this allowance
will not adversely impact any margin of
safety. Allowing completion of inspections
and testing and supporting completion of
scram time testing initiated in conjunction
with an inservice leak or hydrostatic test
prior to power operation results in enhanced
safe operations by eliminating unnecessary
maneuvers to control reactor temperature and
pressure. Therefore, the proposed change
does not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
analysis adopted by the licensee 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.
Attorney for licensee: William A.
Horin, Esq., Winston & Strawn, 1700 K
Street, NW., Washington, DC 20006–
3817.
NRC Branch Chief: Thomas G. Hiltz.
PSEG Nuclear LLC, Docket Nos. 50–272
and 50–311, Salem Nuclear Generating
Station, Unit Nos. 1 and 2, Salem
County, New Jersey
Date of amendment request: March
11, 2008, as supplemented on June 17,
2008.
Description of amendment request:
The proposed amendment would revise
the requirements for fuel decay time
prior to commencing movement of
irradiated fuel in the reactor pressure
vessel (RPV). Currently, Technical
Specification (TS) 3/4.9.3, ‘‘Decay
Time,’’ requires that: (a) the reactor has
been subcritical for at least 100 hours
prior to movement of irradiated fuel in
the RPV between October 15th through
May 15th; and (b) the reactor has been
subcritical for at least 168 hours prior to
movement of irradiated fuel in the RPV
between May 16th and October 14th.
The calendar approach is based on
average river water temperature which
is cooler in the fall through spring
months. The proposed amendment
would allow fuel movement to
commence at 80 hours after the reactor
is subcritical between October 15th
through May 15th.
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Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee, in its letter dated June 17,
2008, has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the change involve a significant
increase in the probability [ ] or
consequences of an accident previously
evaluated?
Response: No.
The proposed license amendment would
allow fuel assemblies to be removed from the
reactor core and be stored in the Spent Fuel
Pool (SFP) in less time after subcriticality
than currently allowed by the Technical
Specifications. Decreasing the decay time of
the fuel affects the radionuclide make-up of
the fuel to be offloaded as well as the amount
of decay heat that is present from the fuel at
the time of offload. The accident previously
evaluated that is associated with the
proposed license amendment is the fuel
handling accident. Allowing the fuel to be
offloaded in less time after subcriticality
using actual heat loads does not impact the
manner in which the fuel is offloaded. The
accident initiator is the dropping of the fuel
assembly. Since earlier offload does not affect
fuel handling, there is no increase in the
probability of occurrence of a Fuel Handling
Accident (FHA). The time frame in which the
fuel assemblies are moved has been
evaluated against the 10 CFR 50.67 dose
limits for members of the public, licensee
personnel and control room. Additionally,
the guidance provided in [Regulatory] Guide
1.183 was used for the selective application
of Alternative Source Term. All dose limits
are met with the reduced core offload times;
and significant margin is maintained, as the
minimum decay time prior to movement of
fuel for the FHA analysis is 24 hours.
Therefore, the proposed license
amendment does not significantly increase
the probability [ ] or the consequences of
accidents previously evaluated.
2. [Does the change] [c]reate the possibility
of a new or different kind of accident from
any accident previously evaluated[?]
Response: No.
The proposed license amendment would
allow core offload to occur in less time after
subcriticality which affects the radionuclide
makeup of the fuel to be offloaded as well as
the amount of decay heat that is present from
the fuel at the time of offload. The
radionuclide makeup of the fuel assemblies
and the amount of decay heat produced by
the fuel assemblies do not currently initiate
any accident. A change in the radionuclide
makeup of the fuel at the time of core offload
or an increase in the decay heat produced by
the fuel being offloaded will not cause the
initiation of any accident. The accident
previously evaluated that is associated with
fuel movement is the fuel handling accident;
no new accidents are introduced. There is no
change to the manner in which fuel is being
handled or in the equipment used to offload
or store the fuel. The effects of the additional
decay heat load have been analyzed. The
analysis demonstrates that the existing Spent
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Fuel Pool cooling system and associated
systems under worst-case circumstances
would maintain licensing limits and the
integrity of the Spent Fuel Pool.
Therefore, the proposed license
amendment does not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
3. Does the change involve a significant
reduction in a margin of safety?
Response: No.
The margin of safety pertinent to the
proposed changes is the dose consequences
resulting from a fuel handling accident. The
shorter decay time prior to fuel movement
has been evaluated against 10 CFR 50.67 and
all limits continue to be met. All dose limits
are met with the reduced core offload times;
and significant margin is maintained, as the
minimum decay time prior to movement of
fuel for the FHA analysis is 24 hours. Decay
heat-up calculations performed prior to the
refueling outage, as part of the Integrated
Decay Heat Management (IDHM) Program,
ensure that planned spent fuel transfer to the
SFP will not result in maximum SFP
temperature exceeding the design basis limit
of 149 °F (with both heat exchangers
available) or 180 °F (with one heat exchanger
alternating between the two pools). As stated
above, the changes in radionuclide makeup
and additional heat load do not impact any
safety settings and do not cause any safety
limit to not be met. In addition, the integrity
of the Spent Fuel Pool is maintained.
The time frame in which the fuel
assemblies are moved has been evaluated
against the 10 CFR 50.67 dose limits for
members of the public, licensee personnel
and control room. Additionally, the guidance
provided in [Regulatory] Guide 1.183 was
used. Calculations performed conclude that
expected dose limits following a Fuel
[H]andling Accident are met with the
proposed decay time prior to commencing
fuel movement.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
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The NRC staff has reviewed the
licensee’s analysis and, based on this
review, with changes in the areas noted
above, 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.
Attorney for licensee: Jeffrie J. Keenan,
Esquire, Nuclear Business Unit—N21,
P.O. Box 236, Hancocks Bridge, NJ
08038.
NRC Branch Chief: Harold K.
Chernoff.
Previously Published Notices of
Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The following notices were previously
published as separate individual
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notices. The notice content was the
same as above. They were published as
individual notices either because time
did not allow the Commission to wait
for this biweekly notice or because the
action involved exigent circumstances.
They are repeated here because the
biweekly notice lists all amendments
issued or proposed to be issued
involving no significant hazards
consideration.
For details, see the individual notice
in the Federal Register on the day and
page cited. This notice does not extend
the notice period of the original notice.
Exelon Generation Company, LLC,
Docket Nos. 50–352 and 50–353,
Limerick Generating Station, Units 1
and 2, Montgomery County,
Pennsylvania
Date of amendment request: August
24, 2007, supplemented by letter dated
June 11, 2008.
Description of amendment request:
The proposed amendment would
increase the required minimum volume
of fuel oil in the emergency diesel
generator (EDG) day tanks from 200
gallons to 250 gallons, enough for 1
hour of continuous operation of the
associated EDG at rated load. This
change is necessitated by a revision to
the Limerick Generating Station design
analysis of EDG fuel consumption that
accounts for parameters not considered
in the original analysis, including the
use of ultra-low sulphur diesel fuel oil.
Date of publication of individual
notice in Federal Register: June 20,
2008 (73 FR 35168).
Expiration date of individual notice:
July 20, 2008 (Public comment) and
August 19, 2008 (Hearing requests).
FirstEnergy Nuclear Operating
Company, Docket No. 50–346, DavisBesse Nuclear Power Station, Unit No.
1, Ottawa County, Ohio
Date of amendment request: August 3,
2007.
Brief description of amendment
request: The proposed amendment
would represent a full conversion from
the current technical specifications to a
set of improved technical specifications
based on NUREG–1430, ‘‘Standard
Technical Specifications Babcock and
Wilcox Plants,’’ Revision 3.1 dated
December 2005 and certain generic
changes to the NUREG.
Date of publication of individual
notice in Federal Register: May 22,
2008.
Expiration date of individual notice:
July 22, 2008.
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Notice of Issuance of Amendments to
Facility Operating Licenses
During the period since publication of
the last biweekly notice, the
Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for A Hearing in
connection with these actions was
published in the Federal Register as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.22(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action see (1) the applications for
amendment, (2) the amendment, and (3)
the Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment as indicated. All of these
items are available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
Systems (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR
Reference staff at 1 (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr@nrc.gov.
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Detroit Edison Company, Docket No.
50–341, Fermi 2, Monroe County,
Michigan
Date of application for amendment:
January 15, 2008.
Brief description of amendment: The
amendment revises the Technical
Specifications (TS) Surveillance
Requirement frequency in TS 3.1.3,
‘‘Control Rod OPERABILITY’’ from ‘‘7
days after the control rod is withdrawn
and THERMAL POWER is greater than
the [Low Power Setpoint] LPSP of [Rod
Worth Minimizer] RWM’’ to ‘‘31 days
after the control rod is withdrawn and
THERMAL POWER is greater than the
LPSP of the RWM’’ and revises Example
1.4–3 in section 1.4 ‘‘Frequency’’ to
clarify the applicability of the 1.25
surveillance test interval extension.
Date of issuance: June 23, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment No.: 179.
Facility Operating License No. NPF–
43: Amendment revised the Technical
Specifications and License.
Date of initial notice in Federal
Register: February 26, 2008 (73 FR
10296) The Commission’s related
evaluation of the amendment is
contained in a Safety Evaluation dated
June 23, 2008.
No significant hazards consideration
comments received: No.
Detroit Edison Company, Docket No.
50–341, Fermi 2, Monroe County,
Michigan
Date of application for amendment:
July 12, 2007, as supplemented by letter
dated September 21, 2007.
Brief description of amendment: The
amendment revises Surveillance
Requirement 3.3.3.1.2 in Technical
Specification 3.3.3.1, ‘‘Post Accident
Monitoring (PAM) Instrumentation.’’
Specifically, the amendment deletes the
note which excludes radiation detectors
from calibration requirements.
Date of issuance: June 25, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment No.: 180.
Facility Operating License No. NPF–
43: Amendment revised the Technical
Specifications and License.
Date of initial notice in Federal
Register: November 6, 2007 (72 FR
62687) The supplemental letter was
considered, along with the application,
in the Federal Register notice of the
staff’s proposed no significant hazards
consideration determination.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 25, 2008.
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No significant hazards consideration
comments received: No.
Entergy Nuclear Vermont Yankee, LLC
and Entergy Nuclear Operations, Inc.,
Docket No. 50–271, Vermont Yankee
Nuclear Power Station, Vernon,
Vermont
Date of application for amendment:
October 18, 2007.
Brief description of amendment: The
amendment revised the Technical
Specifications applicability
requirements related to primary
containment oxygen concentration and
drywell-to-suppression chamber
differential pressure limits. The
associated actions would also be revised
to be consistent with exiting the
applicability for each specification.
Date of Issuance: June 23, 2008.
Effective date: As of the date of
issuance, and shall be implemented
within 60 days.
Amendment No.: 232.
Facility Operating License No. DPR–
28: Amendment revised the License and
Technical Specifications.
Date of initial notice in Federal
Register: December 18, 2007 (72 FR
71712).
The Commission’s related evaluation
of this amendment is contained in a
Safety Evaluation dated June 23, 2008.
No significant hazards consideration
comments received: No.
Exelon Generation Company, LLC,
Docket Nos. STN 50–456 and STN 50–
457, Braidwood Station (Braidwood),
Units 1 and 2, Will County, Illinois
Docket Nos. STN 50–454 and STN 50–
455, Byron Station (Byron), Unit Nos. 1
and 2, Ogle County, Illinois.
Date of application for amendment:
July 31, 2007.
Brief description of amendment: The
amendments revise Technical
Specification 5.5.2, ‘‘Primary Coolant
Sources Outside Containment,’’ to
clarify the intent of refueling cycle
intervals (i.e., 18 month intervals) with
respect to system integrated leak test
requirements and to add a statement
that the provisions of Surveillance
Requirement 3.0.2 are applicable.
Date of issuance: June 18, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 30 days.
Amendment Nos.: Braidwood Unit
1—151; Braidwood Unit 2–151; Byron
Unit No. 1–155; and Byron Unit No. 2–
155.
Facility Operating License Nos. NPF–
72, NPF–77, NPF–37, and NPF–66: The
amendment revised the Technical
Specifications and Licenses.
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Date of initial notice in Federal
Register: September 11, 2007 (72 FR
51859).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 18, 2008.
No significant hazards consideration
comments received: No.
FirstEnergy Nuclear Operating
Company, et al., Docket No. 50–346,
Davis-Besse Nuclear Power Station, Unit
No. 1, Ottawa County, Ohio
Date of application for amendment:
April 12, 2007, as supplemented on
September 18, October 8, and October
19, 2007, January 15 (2 letters), February
14, February 20, March 12, and May 16,
2008.
Brief description of amendment: This
amendment increases the Rated
Thermal Power by approximately 1.63
percent to 2817 megawatts thermal. This
increase will be achieved by the use of
a Caldon Leading Edge Flowmeter
CheckPlusTM ultrasonic flow
measurement system, which allows for
more accurate measurement of
feedwater flow.
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 120 days.
Amendment No.: 278.
Facility Operating License No. NPF–3:
Amendment revised the Technical
Specifications and License.
Date of initial notice in Federal
Register: September 11, 2007 (72 FR
51861). The supplements dated
September 18, October 8, and October
19, 2007, January 15 (2 letters), February
14, February 20, March 12, and May 16,
2008, contained clarifying information
and did not change the NRC staff’s
initial proposed finding of no significant
hazards consideration. The
Commission’s related evaluation of the
amendment is contained in a Safety
Evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
FirstEnergy Nuclear Operating
Company, et al., Docket No. 50–440,
Perry Nuclear Power Plant, Unit No. 1,
Lake County, Ohio
Date of application for amendment:
September 5, 2007 (Agencywide
Document and Management System
(ADAMS) Accession No.
ML072550547).
Brief description of amendment: The
proposed amendment would revise
Technical Specifications (TSs) 3.6.1,
3.6.4, and 3.6.5 to relax the position
verification requirements for primary
containments isolation devices,
secondary containment isolation
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devices, and drywell isolation devices
that are locked, sealed, or otherwise
secured. These changes are based on TS
Task Force (TSTF) change traveler
TSTF–45, Revision 2, and TSTF–269,
Revision 2, which have been approved
generically for the Boiling-Water
Reactor (BWR) Standard Technical
Specifications, NUREG–1434 (BWR/6).
Date of issuance: June 19, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 120 days.
Amendment No.: 149.
Facility Operating License No. NPF–
58: This amendment revised the
Technical Specifications and License.
Date of initial notice in Federal
Register: January 29, 2008 (73 FR
5221).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 19, 2008.
No significant hazards consideration
comments received: No.
FPL Energy Duane Arnold, LLC, Docket
No. 50–331, Duane Arnold Energy
Center, Linn County, Iowa
Date of application for amendment:
June 29, 2007.
Brief description of amendment: This
amendment changes Technical
Specifications (TS) sections 3.7.4 and
5.5.13, to strengthen TS requirements
regarding control room envelope (CRE)
habitability by changing the action and
surveillance requirements associated
with the limiting condition for
operation operability requirements for
the CRE emergency ventilation system,
and by adding a new TS administrative
controls program on CRE habitability.
The proposed revision to the TS and
associated Bases is consistent with
Standard Technical Specifications (STS)
as revised by STS change traveler TS
Task Force (TSTF)–448, Revision 3,
‘‘Control Room Envelope Habitability.’’
The plant-specific name for the CRE at
Duane Arnold Energy Center is Control
Building Envelope, as expressed in its
application for amendment.
Date of issuance: June 24, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 180 days.
Amendment No.: 269.
Facility Operating License No. DPR–
49: The amendment revised the
Technical Specifications and Facility
Operating License.
Date of initial notice in Federal
Register: September 25, 2007 (72 FR
54474).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 24, 2008.
No significant hazards consideration
comments received: No.
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Luminant Generation Company LLC,
Docket Nos. 50–445 and 50–446,
Comanche Peak Steam Electric Station,
Unit Nos. 1 and 2, Somervell County,
Texas
Date of amendment request: August
28, 2007, as supplemented by letters
dated October 24, November 7, and
December 3, 2007, January 10, 29, and
31, February 21, 26, and 28, March 6,
April 17, and May 14, 2008.
Brief description of amendments: The
amendments revised the operating
license and Technical Specification (TS)
1.0, ‘‘Use and Application,’’ to revise
the rated thermal power from 3458
megawatts thermal (MWt) to 3612 MWt.
Date of issuance: June 27, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 180 days from the date of
issuance.
Amendment Nos.: Unit 1—146; Unit
2—146.
Facility Operating License Nos. NPF–
87 and NPF–89: The amendments
revised the Facility Operating Licenses
and Technical Specifications.
Date of initial notice in Federal
Register: October 23, 2007 (72 FR
60034). The supplements dated October
24, November 7, and December 3, 2007,
January 10, 29, and 31, February 21, 26,
and 28, March 6, April 17, and May 14,
2008, provided additional information
that clarified the application, did not
expand the scope of the application as
originally noticed, and did not change
the staff’s original proposed no
significant hazards consideration
determination as published in the
Federal Register on October 23, 2007
(72 FR 60034).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 27, 2008.
No significant hazards consideration
comments received: No.
Nebraska Public Power District, Docket
No. 50–298, Cooper Nuclear Station,
Nemaha County, Nebraska
Date of amendment request:
November 19, 2007, as supplemented by
letters dated March 6, March 12, April
4, and May 9, 2008.
Brief description of amendment: The
amendment revises the license and
Technical Specifications to reflect an
increase in the rated thermal power
from 2381 to 2419 megawatts thermal
(1.62 percent increase).
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 90 days of issuance.
Amendment No.: 231.
Facility Operating License No. DPR–
46: Amendment revised the Facility
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Operating License and Technical
Specifications.
Date of initial notice in Federal
Register: January 29, 2008 (73 FR
5224). The supplements dated March 6,
March 12, April 4, and May 9, 2008,
provided additional information that
clarified the application, did not expand
the scope of the application as originally
noticed, and did not change the staff’s
original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
Nuclear Management Company, LLC,
Docket Nos. 50–282 and 50–306, Prairie
Island Nuclear Generating Plant, Units
1 and 2, Goodhue County, Minnesota
Date of application for amendments:
July 3, 2007.
Brief description of amendments: The
amendments revise TS 1.4, ‘‘Frequency’’
to modify the second paragraph of
Example 1.4–1 to be consistent with the
requirements of Surveillance
Requirement (SR) 3.0.4 and incorporate
the changes in Technical Specification
Task Force (TSTF) industry traveler
TSTF–485, ‘‘Correct Example 1.4–1’’;
revise TS 5.5.7.a, to modify references to
Section XI of the American Society of
Mechanical Engineers (ASME) Code
with references to the ASME Code for
Operation and Maintenance of Nuclear
Power Plants (ASME OM Code), to be
consistent with TSTF–479, ‘‘Changes to
Reflect Revision of 10 CFR [Code of
Federal Regulations] 50.55a’’; revise TS
5.5.7.b, to restrict extension of
Frequencies to those Frequencies
specified as 2 years or less, and take
exception to the limitation in SR 3.0.2
which does not apply the 1.25 times
extension to Frequencies of 24 months,
to be consistent with TSTF–479 and
TSTF–497, ‘‘Limit Inservice Testing
Program SR 3.0.2 Application to
Frequencies of 2 Years or Less’’; and
revise TS 5.5.7.d, to modify the
referenced ASME Code to be consistent
with TSTF–479.
Date of issuance: June 27, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 90 days.
Amendment Nos.: 185, 175.
Facility Operating License Nos. DPR–
42 and DPR–60: Amendments revised
the Technical Specifications.
Date of initial notice in Federal
Register: August 28, 2007 (72 FR
49579).
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The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 27, 2008.
No significant hazards consideration
comments received: No.
Omaha Public Power District, Docket
No. 50–285, Fort Calhoun Station, Unit
No. 1, Washington County, Nebraska
Date of amendment request: May 16,
2007.
Brief description of amendment: The
amendment revised Technical
Specification requirements related to
the control room envelope habitability
in accordance with Technical
Specification Task Force (TSTF)
Traveler TSTF–448–A, Revision 3,
‘‘Control Room Habitability.’’
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 270 days of the date of issuance.
Amendment No.: 257.
Renewed Facility Operating License
No. DPR–40: The amendment revised
the Technical Specifications.
Date of initial notice in Federal
Register: June 19, 2007 (72 FR 33784).
The Commission’s related evaluation
of the amendment is contained in a
safety evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
mstockstill on PROD1PC66 with NOTICES
Pacific Gas and Electric Company,
Docket No. 50–133, Humboldt Bay
Power Plant, Unit 3, Humboldt County,
California (Tac No. J00337)
Date of application for amendment:
November 5, 2007.
Brief description of amendment: The
amendment eliminates the security plan
requirements from the 10 CFR Part 50
licensed site after the spent nuclear fuel
has been transferred to the 10 CFR Part
72 licensed Independent Spent Fuel
Storage Installation (ISFSI).
Date of issuance: June 16, 2008.
Effective date: As of the date that the
transfer of the last of the spent nuclear
fuel to the ISFSI is complete and shall
be implemented within 60 days after the
transfer.
Amendment No.: 43.
Facility Operating License No. DPR–7:
This amendment revises the License.
Date of initial notice in Federal
Register: February 12, 2008 (73 FR
8071).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 16, 2008.
No significant hazards consideration
comments received: No.
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Southern Nuclear Operating Company,
Inc., Docket Nos. 50–348 and 50–364,
Joseph M. Farley Nuclear Plant, Units 1
and 2, Houston County, Alabama
Date of amendment request: June 5,
2007.
Brief description of amendment
request: The amendment revises the
Joseph M. Farley Nuclear Plant, Units 1
and 2 Technical Specifications (TS) to
add a new TS to address the operation
of Engineered Safety Feature (ESF)
Room Coolers required to support ESF
TS equipment.
Date of issuance: June 27, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 60 days from the date of
issuance.
Amendment Nos.: Unit 1—176, Unit
2—169.
Renewed Facility Operating License
Nos. NPF–2 and NPF–8: Amendment
revised the Technical Specifications and
Licenses.
Date of initial notice in Federal
Register: September 25, 2007 (72 FR
54480).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 27, 2008.
No significant hazards consideration
comments received: No.
STP Nuclear Operating Company,
Docket Nos. 50–498 and 50–499, South
Texas Project, Units 1 and 2, Matagorda
County, Texas
Date of amendment request:
November 8, 2007.
Brief description of amendments: The
amendments modified Technical
Specifications (TS) surveillance
requirements, related to battery testing,
by revising TS 3/4.8.2.1, ‘‘DC [Direct
Current] Sources—Operating,’’ TS 3/
4.8.2.2, ‘‘DC Sources—Shutdown,’’ and
TS 3/4.8.2.3, ‘‘Battery Parameters.’’ The
changes allow battery testing to be
performed during any MODE of
operation.
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 60 days of issuance.
Amendment Nos.: Unit 1—184; Unit
2—171.
Facility Operating License Nos. NPF–
76 and NPF–80: The amendments
revised the Facility Operating Licenses
and Technical Specifications.
Date of initial notice in Federal
Register: February 12, 2008 (73 FR
8072).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
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40635
Tennessee Valley Authority, Docket No.
50 390, Watts Bar Nuclear Plant, Unit 1,
Rhea County, Tennessee
Date of application for amendment:
June 8, 2007, as supplemented on
December 26, 2007, and March 31, 2008.
Brief description of amendment: The
amendment revises several Technical
Specification (TS) sections to allow
relaxations of various Reactor Trip
System/Engineered Safety Feature (RTS/
ESF) logic completion times, bypass test
times, allowable outage times, and
surveillance testing intervals that were
previously reviewed and approved by
NRC under Westinghouse Reports
WCAP–14333–P–A, ‘‘Probabilistic Risk
Analysis of RPS [reactor protection
system] and ESFAS [ESF Actuation
System] Test Times and Completion
Times,’’ and WCAP–15376–P–A, ‘‘RiskInformed Assessment of the RTS and
ESFAS Surveillance Test Intervals and
Reactor Trip Breaker Test and
Completion Times.’’ The amendment
also incorporates TS Task Force (TSTF)
Change Travelers TSTF–169, ‘‘Deletion
of Condition 3.3.1.N,’’ and TSTF–311,
‘‘Revision of Surveillance Frequency for
TADOT [Trip Actuation Device
Operational Test] on Turbine Trip
Functional Unit.’’
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 120 days of issuance.
Amendment No.: 68.
Facility Operating License No. NPF–
90: Amendment revises the Technical
Specifications and License.
Date of initial notice in Federal
Register: July 31, 2007 (72 FR 41789).
The December 26, 2007, and March 31,
2008, supplemental letters provided
clarifying information that was within
the scope of the initial notice and did
not change the initial proposed no
significant hazards consideration
determination.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
Virginia Electric and Power Company,
Docket No. 50–339, North Anna Power
Station, Unit 2, Louisa County, Virginia
Date of application for amendment:
December 5, 2007, as supplemented on
March 14, April 3, and April 23, 2008.
Brief description of amendment: The
amendment revised Technical
Specification (TS) 5.5.15, pertaining to
the containment leakage rate testing
program. The TS change permitted a
one-time 5-year exception to the 10-year
frequency of the performance based
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leakage rate testing program for Type A
tests, as required by Regulatory Guide
(RG) 1.163. This one time exception to
the RG 1.163 requirement allows the
next Type A test to be performed no
later than October 9, 2014.
Date of issuance: June 30, 2008.
Effective date: As of the date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment No.: 233.
Renewed Facility Operating License
Nos. NPF–4 and NPF–7: Amendment
changed the license and the technical
specifications.
Date of initial notice in Federal
Register: January 15, 2008 (73 FR
2550).
The supplements dated March 14,
April 3, and April 23, 2008, provided
additional information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination. The
Commission’s related evaluation of the
amendments is contained in a Safety
Evaluation dated June 30, 2008.
No significant hazards consideration
comments received: No.
mstockstill on PROD1PC66 with NOTICES
Notice of Issuance of Amendment to
Facility Operating License and Final No
Significant Hazards Consideration
Determination
During the period since publication of
the last biweekly notice, individual
notices of issuance of amendments have
been issued for the facilities as listed
below. These notices were previously
published as separate individual
notices. They are repeated here because
this biweekly notice lists all
amendments that have been issued for
which the Commission has made a final
determination that an amendment
involves no significant hazards
consideration.
In this case, a prior Notice of
Consideration of Issuance of
Amendment, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing was
issued, a hearing was requested, and the
amendment was issued before any
hearing because the Commission made
a final determination that the
amendment involves no significant
hazards consideration.
Details are contained in the
individual notice as cited.
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Carolina Power & Light Company,
Docket No. 50–261, H. B. Robinson
Steam Electric Plant, Unit No. 2,
Darlington County, South Carolina
Date of application for amendment:
November 19, 2007, as supplemented by
letter dated February 4, 2008.
Brief description of amendment: The
amendment makes administrative
revisions to various Operating License
(OL) and Technical Specifications (TS)
sections. Specifically, the amendment
changes OL Section 3.G (1) (secondary
water chemistry program requirements),
OL Section 3.G (2) (leakage reduction
program requirements), TS Section 1.1
(Definitions), TS Section 3.1.7 (Rod
Position Indication), TS Section 3.4.3
(RCS Pressure and Temperature (P/T)
Limits), TS Section 3.4.9 (Pressurizer),
TS Section 3.7.4 (Auxiliary Feedwater
(AFW) System), TS Section 5.5.12
(Explosive Gas and Storage Tank
Radioactivity Monitoring Program), and
TS Section 5.6.6 (Post Accident
Monitoring (PAM) Instrumentation
Report). The changes are administrative
in nature and improve the accuracy and
clarity of the TSs and OL without
resulting in changes to the plant design
or the procedural controls for the
operation, surveillance, or maintenance
of the plant.
Date of issuance: June 19, 2008.
Effective date: Effective as of the date
of issuance and shall be implemented
within 30 days.
Amendment No.: 218.
Renewed Facility Operating License
No. DPR–23: The amendment revises
the Technical Specifications and
Facility Operating License.
Date of initial notice in Federal
Register: December 31, 2007.
Public comments requested as to
proposed no significant hazards
consideration (NSHC): No.
The Commission’s related evaluation
of the amendment is contained in a
safety evaluation dated June 19, 2008.
Attorney for licensee: David T.
Conley, Associate General Counsel II—
Legal Department, Progress Energy
Service Company, LLC, Post Office Box
1551, Raleigh, North Carolina 27602–
1551.
NRC Branch Chief: Thomas H. Boyce.
Notice of Issuance of Amendments to
Facility Operating Licenses and Final
Determination of No Significant
Hazards Consideration and Opportunity
for a Hearing (Exigent Public
Announcement or Emergency
Circumstances)
During the period since publication of
the last biweekly notice, the
Commission has issued the following
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amendments. The Commission has
determined for each of these
amendments that the application for the
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. The Commission has
made appropriate findings as required
by the Act and the Commission’s rules
and regulations in 10 CFR Chapter I,
which are set forth in the license
amendment.
Because of exigent or emergency
circumstances associated with the date
the amendment was needed, there was
not time for the Commission to publish,
for public comment before issuance, its
usual Notice of Consideration of
Issuance of Amendment, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing.
For exigent circumstances, the
Commission has either issued a Federal
Register notice providing opportunity
for public comment or has used local
media to provide notice to the public in
the area surrounding a licensee’s facility
of the licensee’s application and of the
Commission’s proposed determination
of no significant hazards consideration.
The Commission has provided a
reasonable opportunity for the public to
comment, using its best efforts to make
available to the public means of
communication for the public to
respond quickly, and in the case of
telephone comments, the comments
have been recorded or transcribed as
appropriate and the licensee has been
informed of the public comments.
In circumstances where failure to act
in a timely way would have resulted, for
example, in derating or shutdown of a
nuclear power plant or in prevention of
either resumption of operation or of
increase in power output up to the
plant’s licensed power level, the
Commission may not have had an
opportunity to provide for public
comment on its no significant hazards
consideration determination. In such
case, the license amendment has been
issued without opportunity for
comment. If there has been some time
for public comment but less than 30
days, the Commission may provide an
opportunity for public comment. If
comments have been requested, it is so
stated. In either event, the State has
been consulted by telephone whenever
possible.
Under its regulations, the Commission
may issue and make an amendment
immediately effective, notwithstanding
the pendency before it of a request for
a hearing from any person, in advance
of the holding and completion of any
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required hearing, where it has
determined that no significant hazards
consideration is involved.
The Commission has applied the
standards of 10 CFR 50.92 and has made
a final determination that the
amendment involves no significant
hazards consideration. The basis for this
determination is contained in the
documents related to this action.
Accordingly, the amendments have
been issued and made effective as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.12(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action, see (1) the application for
amendment, (2) the amendment to
Facility Operating License, and (3) the
Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment, as indicated. All of these
items are available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR
Reference staff at 1 (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr@nrc.gov.
The Commission is also offering an
opportunity for a hearing with respect to
the issuance of the amendment. Within
60 days after the date of publication of
this notice, 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 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
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Jkt 214001
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 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland, and
electronically on the Internet at the NRC
Web site, https://www.nrc.gov/readingrm/doc-collections/cfr/. If there are
problems in accessing the document,
contact the PDR Reference staff at 1
(800) 397–4209, (301) 415–4737, or by email to pdr@nrc.gov. 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 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
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Sfmt 4703
40637
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.1
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.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns/
issues relating to technical and/or
health and safety matters discussed or
referenced in the applications.
2. Environmental—primarily
concerns/issues relating to matters
discussed or referenced in the
environmental analysis for the
applications.
3. Miscellaneous—does not fall into
one of the categories outlined above.
As specified in 10 CFR 2.309, if two
or more petitioners/requestors seek to
co-sponsor a contention, the petitioners/
requestors shall jointly designate a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention. If a petitioner/requestor
seeks to adopt the contention of another
sponsoring petitioner/requestor, the
petitioner/requestor who seeks to adopt
the contention must either agree that the
sponsoring petitioner/requestor shall act
as the representative with respect to that
contention, or jointly designate with the
sponsoring petitioner/requestor a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention.
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. Since the Commission has
made a final determination that the
amendment involves no significant
hazards consideration, if a hearing is
requested, it will not stay the
effectiveness of the amendment. Any
hearing held would take place while the
amendment is in effect.
A request for hearing or a petition for
leave to intervene must be filed in
1 To the extent that the applications contain
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
and discuss the need for a protective order.
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40638
Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
accordance with the NRC E-Filing rule,
which the NRC promulgated in 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
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
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15:01 Jul 14, 2008
Jkt 214001
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
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
PO 00000
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Fmt 4703
Sfmt 4703
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 submission.
Southern Nuclear Operating Company,
Inc., Docket No. 50–425, Vogtle Electric
Generating Plant, Unit 2, Burke County,
Georgia
Date of amendment request: June 24,
2008, as supplemented by letter dated
June 25, 2008.
Description of amendment request:
The amendment revises Limiting
Condition for Operation (LCO) 3.6.6,
‘‘Containment Spray and Cooling
Systems,’’ Action A Completion Time,
from 72 hours to a one-time 7 day
Completion Time to allow repair on the
VEGP Unit 2 Containment Spray Pump
B.
Date of issuance: June 25, 2008.
Effective date: June 25, 2008, and
shall be implemented on June 25, 2008.
Amendment No.: 131.
Facility Operating License No. (NPF–
81): Amendment revised the technical
specifications and license.
Public comments requested as to
proposed no significant hazards
consideration (NSHC): No.
The Commission’s related evaluation
of the amendment, finding of emergency
circumstances, state consultation, and
final NSHC determination are contained
in a safety evaluation dated June 25,
2008.
Attorney for licensee: Arthur H.
Domby, Esquire, Troutman Sanders,
Nations Bank Plaza, 600 Peachtree
Street, NE., Suite 5200, Atlanta, GA
30308–2216.
NRC Acting Branch Chief: John F.
Stang, Acting.
Dated at Rockville, Maryland, this 3rd day
July 2008.
For the Nuclear Regulatory Commission.
Timothy J. McGinty,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–15684 Filed 7–14–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS:
Regulatory Commission.
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Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40629-40638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15684]
[[Page 40629]]
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NUCLEAR REGULATORY COMMISSION
Biweekly Notice; Applications and Amendments to Facility
Operating Licenses; Involving No Significant Hazards Considerations
I. Background
Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission or NRC staff) is publishing this regular biweekly notice.
The Act requires the Commission publish notice of any amendments
issued, or proposed to be issued and grants the Commission the
authority to issue and make immediately effective any amendment to an
operating license upon a determination by the Commission that such
amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This biweekly notice includes all notices of amendments issued, or
proposed to be issued from June 19, 2008 to July 2, 2008. The last
biweekly notice was published on July 1, 2008 (73 FR 370501).
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
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 6D22, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the Commission'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 a hearing and petitions for leave
to intervene is discussed below.
Within 60 days after the date of publication of this notice,
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
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 01F21, 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 within 60
days, 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 set forth 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/
requestor 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/requestor 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/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at
least one
[[Page 40630]]
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, and the Commission has not made a final
determination on the issue of no significant hazards consideration, 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 in 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 Viewer\TM\ to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms ViewerTMis 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 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 submission.
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the Commission's PDR, located at One White Flint North, Public File
Area 01F21, 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. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr@nrc.gov.
Energy Northwest, Docket No. 50-397, Columbia Generating Station,
Benton County, Washington
Date of amendment request: May 7, 2008.
Description of amendment request: The proposed changes would revise
Technical Specification (TS) Limiting
[[Page 40631]]
Condition for Operation (LCO) 3.10.1, and the associated Bases, to
expand its scope to include provisions for temperature excursions
greater than 200 degrees F as a consequence of inservice leak and
hydrostatic testing, and as a consequence of scram time testing
initiated in conjunction with an inservice leak or hydrostatic test,
while considering operational conditions to be in Mode 4.
The U.S Nuclear Regulatory Commission (NRC) issued a ``Notice of
Availability of Model Safety Evaluation on Technical Specification
Improvement To Modify Requirements Regarding LCO 3.10.1, Inservice Leak
and Hydrostatic Testing Operation Using the Consolidated Line Item
Improvement Process'' in the Federal Register on October 27, 2006 (71
FR 63050). The notice referenced a model safety evaluation, a model no
significant hazards consideration (NSHC) determination, and a model
license amendment request published in the Federal Register on August
21, 2006 (71 FR 48561). In its application dated May 7, 2008, the
licensee affirmed the applicability of the model NSHC determination
which is presented below.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), an analysis of the issue
of NSHC adopted by the licensee is presented below:
Criterion 1: The proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
Technical Specifications currently allow for operation at
greater than 200 degrees F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. Extending the activities that can apply this allowance will not
adversely impact the probability or consequences of an accident
previously evaluated. Therefore, the proposed 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.
Technical Specifications currently allow for operation at
greater than 200 degrees F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. No new operational conditions beyond those currently allowed by
LCO 3.10.1 are introduced. The changes do not involve a physical
alteration of the plant (i.e., no new or different type of equipment
will be installed) or a change in the methods governing normal plant
operation. In addition, the changes do not impose any new or
different requirements or eliminate any existing requirements. The
changes do not alter assumptions made in the safety analysis. The
proposed changes are consistent with the safety analysis assumptions
and current plant operating practice. Therefore, the proposed change
does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Criterion 3: The proposed change does not involve a significant
reduction in a margin of safety.
Technical Specifications currently allow for operation at
greater than 200 degrees F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. Extending the activities that can apply this allowance will not
adversely impact any margin of safety. Allowing completion of
inspections and testing and supporting completion of scram time
testing initiated in conjunction with an inservice leak or
hydrostatic test prior to power operation results in enhanced safe
operations by eliminating unnecessary maneuvers to control reactor
temperature and pressure. Therefore, the proposed change does not
involve a significant reduction in a margin of safety.
The NRC staff has reviewed the analysis adopted by the licensee
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.
Attorney for licensee: William A. Horin, Esq., Winston & Strawn,
1700 K Street, NW., Washington, DC 20006-3817.
NRC Branch Chief: Thomas G. Hiltz.
PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear
Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey
Date of amendment request: March 11, 2008, as supplemented on June
17, 2008.
Description of amendment request: The proposed amendment would
revise the requirements for fuel decay time prior to commencing
movement of irradiated fuel in the reactor pressure vessel (RPV).
Currently, Technical Specification (TS) 3/4.9.3, ``Decay Time,''
requires that: (a) the reactor has been subcritical for at least 100
hours prior to movement of irradiated fuel in the RPV between October
15th through May 15th; and (b) the reactor has been subcritical for at
least 168 hours prior to movement of irradiated fuel in the RPV between
May 16th and October 14th. The calendar approach is based on average
river water temperature which is cooler in the fall through spring
months. The proposed amendment would allow fuel movement to commence at
80 hours after the reactor is subcritical between October 15th through
May 15th.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee, in its
letter dated June 17, 2008, has provided its analysis of the issue of
no significant hazards consideration, which is presented below:
1. Does the change involve a significant increase in the
probability [ ] or consequences of an accident previously evaluated?
Response: No.
The proposed license amendment would allow fuel assemblies to be
removed from the reactor core and be stored in the Spent Fuel Pool
(SFP) in less time after subcriticality than currently allowed by
the Technical Specifications. Decreasing the decay time of the fuel
affects the radionuclide make-up of the fuel to be offloaded as well
as the amount of decay heat that is present from the fuel at the
time of offload. The accident previously evaluated that is
associated with the proposed license amendment is the fuel handling
accident. Allowing the fuel to be offloaded in less time after
subcriticality using actual heat loads does not impact the manner in
which the fuel is offloaded. The accident initiator is the dropping
of the fuel assembly. Since earlier offload does not affect fuel
handling, there is no increase in the probability of occurrence of a
Fuel Handling Accident (FHA). The time frame in which the fuel
assemblies are moved has been evaluated against the 10 CFR 50.67
dose limits for members of the public, licensee personnel and
control room. Additionally, the guidance provided in [Regulatory]
Guide 1.183 was used for the selective application of Alternative
Source Term. All dose limits are met with the reduced core offload
times; and significant margin is maintained, as the minimum decay
time prior to movement of fuel for the FHA analysis is 24 hours.
Therefore, the proposed license amendment does not significantly
increase the probability [ ] or the consequences of accidents
previously evaluated.
2. [Does the change] [c]reate the possibility of a new or
different kind of accident from any accident previously evaluated[?]
Response: No.
The proposed license amendment would allow core offload to occur
in less time after subcriticality which affects the radionuclide
makeup of the fuel to be offloaded as well as the amount of decay
heat that is present from the fuel at the time of offload. The
radionuclide makeup of the fuel assemblies and the amount of decay
heat produced by the fuel assemblies do not currently initiate any
accident. A change in the radionuclide makeup of the fuel at the
time of core offload or an increase in the decay heat produced by
the fuel being offloaded will not cause the initiation of any
accident. The accident previously evaluated that is associated with
fuel movement is the fuel handling accident; no new accidents are
introduced. There is no change to the manner in which fuel is being
handled or in the equipment used to offload or store the fuel. The
effects of the additional decay heat load have been analyzed. The
analysis demonstrates that the existing Spent
[[Page 40632]]
Fuel Pool cooling system and associated systems under worst-case
circumstances would maintain licensing limits and the integrity of
the Spent Fuel Pool.
Therefore, the proposed license amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the change involve a significant reduction in a margin
of safety?
Response: No.
The margin of safety pertinent to the proposed changes is the
dose consequences resulting from a fuel handling accident. The
shorter decay time prior to fuel movement has been evaluated against
10 CFR 50.67 and all limits continue to be met. All dose limits are
met with the reduced core offload times; and significant margin is
maintained, as the minimum decay time prior to movement of fuel for
the FHA analysis is 24 hours. Decay heat-up calculations performed
prior to the refueling outage, as part of the Integrated Decay Heat
Management (IDHM) Program, ensure that planned spent fuel transfer
to the SFP will not result in maximum SFP temperature exceeding the
design basis limit of 149 [deg]F (with both heat exchangers
available) or 180 [deg]F (with one heat exchanger alternating
between the two pools). As stated above, the changes in radionuclide
makeup and additional heat load do not impact any safety settings
and do not cause any safety limit to not be met. In addition, the
integrity of the Spent Fuel Pool is maintained.
The time frame in which the fuel assemblies are moved has been
evaluated against the 10 CFR 50.67 dose limits for members of the
public, licensee personnel and control room. Additionally, the
guidance provided in [Regulatory] Guide 1.183 was used. Calculations
performed conclude that expected dose limits following a Fuel
[H]andling Accident are met with the proposed decay time prior to
commencing fuel movement.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, with changes in the areas noted above, 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.
Attorney for licensee: Jeffrie J. Keenan, Esquire, Nuclear Business
Unit--N21, P.O. Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K. Chernoff.
Previously Published Notices of Consideration of Issuance of Amendments
to Facility Operating Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The following notices were previously published as separate
individual notices. The notice content was the same as above. They were
published as individual notices either because time did not allow the
Commission to wait for this biweekly notice or because the action
involved exigent circumstances. They are repeated here because the
biweekly notice lists all amendments issued or proposed to be issued
involving no significant hazards consideration.
For details, see the individual notice in the Federal Register on
the day and page cited. This notice does not extend the notice period
of the original notice.
Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick
Generating Station, Units 1 and 2, Montgomery County, Pennsylvania
Date of amendment request: August 24, 2007, supplemented by letter
dated June 11, 2008.
Description of amendment request: The proposed amendment would
increase the required minimum volume of fuel oil in the emergency
diesel generator (EDG) day tanks from 200 gallons to 250 gallons,
enough for 1 hour of continuous operation of the associated EDG at
rated load. This change is necessitated by a revision to the Limerick
Generating Station design analysis of EDG fuel consumption that
accounts for parameters not considered in the original analysis,
including the use of ultra-low sulphur diesel fuel oil.
Date of publication of individual notice in Federal Register: June
20, 2008 (73 FR 35168).
Expiration date of individual notice: July 20, 2008 (Public
comment) and August 19, 2008 (Hearing requests).
FirstEnergy Nuclear Operating Company, Docket No. 50-346, Davis-Besse
Nuclear Power Station, Unit No. 1, Ottawa County, Ohio
Date of amendment request: August 3, 2007.
Brief description of amendment request: The proposed amendment
would represent a full conversion from the current technical
specifications to a set of improved technical specifications based on
NUREG-1430, ``Standard Technical Specifications Babcock and Wilcox
Plants,'' Revision 3.1 dated December 2005 and certain generic changes
to the NUREG.
Date of publication of individual notice in Federal Register: May
22, 2008.
Expiration date of individual notice: July 22, 2008.
Notice of Issuance of Amendments to Facility Operating Licenses
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended (the Act), and the Commission's rules and regulations. The
Commission has made appropriate findings as required by the Act and the
Commission's rules and regulations in 10 CFR Chapter I, which are set
forth in the license amendment.
Notice of Consideration of Issuance of Amendment to Facility
Operating License, Proposed No Significant Hazards Consideration
Determination, and Opportunity for A Hearing in connection with these
actions was published in the Federal Register as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.22(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see (1) the
applications for amendment, (2) the amendment, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment as
indicated. All of these items are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible from
the Agencywide Documents Access and Management Systems (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr@nrc.gov.
[[Page 40633]]
Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County,
Michigan
Date of application for amendment: January 15, 2008.
Brief description of amendment: The amendment revises the Technical
Specifications (TS) Surveillance Requirement frequency in TS 3.1.3,
``Control Rod OPERABILITY'' from ``7 days after the control rod is
withdrawn and THERMAL POWER is greater than the [Low Power Setpoint]
LPSP of [Rod Worth Minimizer] RWM'' to ``31 days after the control rod
is withdrawn and THERMAL POWER is greater than the LPSP of the RWM''
and revises Example 1.4-3 in section 1.4 ``Frequency'' to clarify the
applicability of the 1.25 surveillance test interval extension.
Date of issuance: June 23, 2008.
Effective date: As of the date of issuance and shall be implemented
within 60 days.
Amendment No.: 179.
Facility Operating License No. NPF-43: Amendment revised the
Technical Specifications and License.
Date of initial notice in Federal Register: February 26, 2008 (73
FR 10296) The Commission's related evaluation of the amendment is
contained in a Safety Evaluation dated June 23, 2008.
No significant hazards consideration comments received: No.
Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County,
Michigan
Date of application for amendment: July 12, 2007, as supplemented
by letter dated September 21, 2007.
Brief description of amendment: The amendment revises Surveillance
Requirement 3.3.3.1.2 in Technical Specification 3.3.3.1, ``Post
Accident Monitoring (PAM) Instrumentation.'' Specifically, the
amendment deletes the note which excludes radiation detectors from
calibration requirements.
Date of issuance: June 25, 2008.
Effective date: As of the date of issuance and shall be implemented
within 60 days.
Amendment No.: 180.
Facility Operating License No. NPF-43: Amendment revised the
Technical Specifications and License.
Date of initial notice in Federal Register: November 6, 2007 (72 FR
62687) The supplemental letter was considered, along with the
application, in the Federal Register notice of the staff's proposed no
significant hazards consideration determination.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 25, 2008.
No significant hazards consideration comments received: No.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations,
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon,
Vermont
Date of application for amendment: October 18, 2007.
Brief description of amendment: The amendment revised the Technical
Specifications applicability requirements related to primary
containment oxygen concentration and drywell-to-suppression chamber
differential pressure limits. The associated actions would also be
revised to be consistent with exiting the applicability for each
specification.
Date of Issuance: June 23, 2008.
Effective date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 232.
Facility Operating License No. DPR-28: Amendment revised the
License and Technical Specifications.
Date of initial notice in Federal Register: December 18, 2007 (72
FR 71712).
The Commission's related evaluation of this amendment is contained
in a Safety Evaluation dated June 23, 2008.
No significant hazards consideration comments received: No.
Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457,
Braidwood Station (Braidwood), Units 1 and 2, Will County, Illinois
Docket Nos. STN 50-454 and STN 50-455, Byron Station (Byron), Unit
Nos. 1 and 2, Ogle County, Illinois.
Date of application for amendment: July 31, 2007.
Brief description of amendment: The amendments revise Technical
Specification 5.5.2, ``Primary Coolant Sources Outside Containment,''
to clarify the intent of refueling cycle intervals (i.e., 18 month
intervals) with respect to system integrated leak test requirements and
to add a statement that the provisions of Surveillance Requirement
3.0.2 are applicable.
Date of issuance: June 18, 2008.
Effective date: As of the date of issuance and shall be implemented
within 30 days.
Amendment Nos.: Braidwood Unit 1--151; Braidwood Unit 2-151; Byron
Unit No. 1-155; and Byron Unit No. 2-155.
Facility Operating License Nos. NPF-72, NPF-77, NPF-37, and NPF-66:
The amendment revised the Technical Specifications and Licenses.
Date of initial notice in Federal Register: September 11, 2007 (72
FR 51859).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated June 18, 2008.
No significant hazards consideration comments received: No.
FirstEnergy Nuclear Operating Company, et al., Docket No. 50-346,
Davis-Besse Nuclear Power Station, Unit No. 1, Ottawa County, Ohio
Date of application for amendment: April 12, 2007, as supplemented
on September 18, October 8, and October 19, 2007, January 15 (2
letters), February 14, February 20, March 12, and May 16, 2008.
Brief description of amendment: This amendment increases the Rated
Thermal Power by approximately 1.63 percent to 2817 megawatts thermal.
This increase will be achieved by the use of a Caldon Leading Edge
Flowmeter CheckPlus\TM\ ultrasonic flow measurement system, which
allows for more accurate measurement of feedwater flow.
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 120 days.
Amendment No.: 278.
Facility Operating License No. NPF-3: Amendment revised the
Technical Specifications and License.
Date of initial notice in Federal Register: September 11, 2007 (72
FR 51861). The supplements dated September 18, October 8, and October
19, 2007, January 15 (2 letters), February 14, February 20, March 12,
and May 16, 2008, contained clarifying information and did not change
the NRC staff's initial proposed finding of no significant hazards
consideration. The Commission's related evaluation of the amendment is
contained in a Safety Evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
FirstEnergy Nuclear Operating Company, et al., Docket No. 50-440, Perry
Nuclear Power Plant, Unit No. 1, Lake County, Ohio
Date of application for amendment: September 5, 2007 (Agencywide
Document and Management System (ADAMS) Accession No. ML072550547).
Brief description of amendment: The proposed amendment would revise
Technical Specifications (TSs) 3.6.1, 3.6.4, and 3.6.5 to relax the
position verification requirements for primary containments isolation
devices, secondary containment isolation
[[Page 40634]]
devices, and drywell isolation devices that are locked, sealed, or
otherwise secured. These changes are based on TS Task Force (TSTF)
change traveler TSTF-45, Revision 2, and TSTF-269, Revision 2, which
have been approved generically for the Boiling-Water Reactor (BWR)
Standard Technical Specifications, NUREG-1434 (BWR/6).
Date of issuance: June 19, 2008.
Effective date: As of the date of issuance and shall be implemented
within 120 days.
Amendment No.: 149.
Facility Operating License No. NPF-58: This amendment revised the
Technical Specifications and License.
Date of initial notice in Federal Register: January 29, 2008 (73 FR
5221).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 19, 2008.
No significant hazards consideration comments received: No.
FPL Energy Duane Arnold, LLC, Docket No. 50-331, Duane Arnold Energy
Center, Linn County, Iowa
Date of application for amendment: June 29, 2007.
Brief description of amendment: This amendment changes Technical
Specifications (TS) sections 3.7.4 and 5.5.13, to strengthen TS
requirements regarding control room envelope (CRE) habitability by
changing the action and surveillance requirements associated with the
limiting condition for operation operability requirements for the CRE
emergency ventilation system, and by adding a new TS administrative
controls program on CRE habitability. The proposed revision to the TS
and associated Bases is consistent with Standard Technical
Specifications (STS) as revised by STS change traveler TS Task Force
(TSTF)-448, Revision 3, ``Control Room Envelope Habitability.'' The
plant-specific name for the CRE at Duane Arnold Energy Center is
Control Building Envelope, as expressed in its application for
amendment.
Date of issuance: June 24, 2008.
Effective date: As of the date of issuance and shall be implemented
within 180 days.
Amendment No.: 269.
Facility Operating License No. DPR-49: The amendment revised the
Technical Specifications and Facility Operating License.
Date of initial notice in Federal Register: September 25, 2007 (72
FR 54474).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 24, 2008.
No significant hazards consideration comments received: No.
Luminant Generation Company LLC, Docket Nos. 50-445 and 50-446,
Comanche Peak Steam Electric Station, Unit Nos. 1 and 2, Somervell
County, Texas
Date of amendment request: August 28, 2007, as supplemented by
letters dated October 24, November 7, and December 3, 2007, January 10,
29, and 31, February 21, 26, and 28, March 6, April 17, and May 14,
2008.
Brief description of amendments: The amendments revised the
operating license and Technical Specification (TS) 1.0, ``Use and
Application,'' to revise the rated thermal power from 3458 megawatts
thermal (MWt) to 3612 MWt.
Date of issuance: June 27, 2008.
Effective date: As of the date of issuance and shall be implemented
within 180 days from the date of issuance.
Amendment Nos.: Unit 1--146; Unit 2--146.
Facility Operating License Nos. NPF-87 and NPF-89: The amendments
revised the Facility Operating Licenses and Technical Specifications.
Date of initial notice in Federal Register: October 23, 2007 (72 FR
60034). The supplements dated October 24, November 7, and December 3,
2007, January 10, 29, and 31, February 21, 26, and 28, March 6, April
17, and May 14, 2008, provided additional information that clarified
the application, did not expand the scope of the application as
originally noticed, and did not change the staff's original proposed no
significant hazards consideration determination as published in the
Federal Register on October 23, 2007 (72 FR 60034).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated June 27, 2008.
No significant hazards consideration comments received: No.
Nebraska Public Power District, Docket No. 50-298, Cooper Nuclear
Station, Nemaha County, Nebraska
Date of amendment request: November 19, 2007, as supplemented by
letters dated March 6, March 12, April 4, and May 9, 2008.
Brief description of amendment: The amendment revises the license
and Technical Specifications to reflect an increase in the rated
thermal power from 2381 to 2419 megawatts thermal (1.62 percent
increase).
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 90 days of issuance.
Amendment No.: 231.
Facility Operating License No. DPR-46: Amendment revised the
Facility Operating License and Technical Specifications.
Date of initial notice in Federal Register: January 29, 2008 (73 FR
5224). The supplements dated March 6, March 12, April 4, and May 9,
2008, provided additional information that clarified the application,
did not expand the scope of the application as originally noticed, and
did not change the staff's original proposed no significant hazards
consideration determination as published in the Federal Register.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
Nuclear Management Company, LLC, Docket Nos. 50-282 and 50-306, Prairie
Island Nuclear Generating Plant, Units 1 and 2, Goodhue County,
Minnesota
Date of application for amendments: July 3, 2007.
Brief description of amendments: The amendments revise TS 1.4,
``Frequency'' to modify the second paragraph of Example 1.4-1 to be
consistent with the requirements of Surveillance Requirement (SR) 3.0.4
and incorporate the changes in Technical Specification Task Force
(TSTF) industry traveler TSTF-485, ``Correct Example 1.4-1''; revise TS
5.5.7.a, to modify references to Section XI of the American Society of
Mechanical Engineers (ASME) Code with references to the ASME Code for
Operation and Maintenance of Nuclear Power Plants (ASME OM Code), to be
consistent with TSTF-479, ``Changes to Reflect Revision of 10 CFR [Code
of Federal Regulations] 50.55a''; revise TS 5.5.7.b, to restrict
extension of Frequencies to those Frequencies specified as 2 years or
less, and take exception to the limitation in SR 3.0.2 which does not
apply the 1.25 times extension to Frequencies of 24 months, to be
consistent with TSTF-479 and TSTF-497, ``Limit Inservice Testing
Program SR 3.0.2 Application to Frequencies of 2 Years or Less''; and
revise TS 5.5.7.d, to modify the referenced ASME Code to be consistent
with TSTF-479.
Date of issuance: June 27, 2008.
Effective date: As of the date of issuance and shall be implemented
within 90 days.
Amendment Nos.: 185, 175.
Facility Operating License Nos. DPR-42 and DPR-60: Amendments
revised the Technical Specifications.
Date of initial notice in Federal Register: August 28, 2007 (72 FR
49579).
[[Page 40635]]
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated June 27, 2008.
No significant hazards consideration comments received: No.
Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station,
Unit No. 1, Washington County, Nebraska
Date of amendment request: May 16, 2007.
Brief description of amendment: The amendment revised Technical
Specification requirements related to the control room envelope
habitability in accordance with Technical Specification Task Force
(TSTF) Traveler TSTF-448-A, Revision 3, ``Control Room Habitability.''
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 270 days of the date of issuance.
Amendment No.: 257.
Renewed Facility Operating License No. DPR-40: The amendment
revised the Technical Specifications.
Date of initial notice in Federal Register: June 19, 2007 (72 FR
33784).
The Commission's related evaluation of the amendment is contained
in a safety evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
Pacific Gas and Electric Company, Docket No. 50-133, Humboldt Bay Power
Plant, Unit 3, Humboldt County, California (Tac No. J00337)
Date of application for amendment: November 5, 2007.
Brief description of amendment: The amendment eliminates the
security plan requirements from the 10 CFR Part 50 licensed site after
the spent nuclear fuel has been transferred to the 10 CFR Part 72
licensed Independent Spent Fuel Storage Installation (ISFSI).
Date of issuance: June 16, 2008.
Effective date: As of the date that the transfer of the last of the
spent nuclear fuel to the ISFSI is complete and shall be implemented
within 60 days after the transfer.
Amendment No.: 43.
Facility Operating License No. DPR-7: This amendment revises the
License.
Date of initial notice in Federal Register: February 12, 2008 (73
FR 8071).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 16, 2008.
No significant hazards consideration comments received: No.
Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County,
Alabama
Date of amendment request: June 5, 2007.
Brief description of amendment request: The amendment revises the
Joseph M. Farley Nuclear Plant, Units 1 and 2 Technical Specifications
(TS) to add a new TS to address the operation of Engineered Safety
Feature (ESF) Room Coolers required to support ESF TS equipment.
Date of issuance: June 27, 2008.
Effective date: As of the date of issuance and shall be implemented
within 60 days from the date of issuance.
Amendment Nos.: Unit 1--176, Unit 2--169.
Renewed Facility Operating License Nos. NPF-2 and NPF-8: Amendment
revised the Technical Specifications and Licenses.
Date of initial notice in Federal Register: September 25, 2007 (72
FR 54480).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated June 27, 2008.
No significant hazards consideration comments received: No.
STP Nuclear Operating Company, Docket Nos. 50-498 and 50-499, South
Texas Project, Units 1 and 2, Matagorda County, Texas
Date of amendment request: November 8, 2007.
Brief description of amendments: The amendments modified Technical
Specifications (TS) surveillance requirements, related to battery
testing, by revising TS 3/4.8.2.1, ``DC [Direct Current] Sources--
Operating,'' TS 3/4.8.2.2, ``DC Sources--Shutdown,'' and TS 3/4.8.2.3,
``Battery Parameters.'' The changes allow battery testing to be
performed during any MODE of operation.
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 60 days of issuance.
Amendment Nos.: Unit 1--184; Unit 2--171.
Facility Operating License Nos. NPF-76 and NPF-80: The amendments
revised the Facility Operating Licenses and Technical Specifications.
Date of initial notice in Federal Register: February 12, 2008 (73
FR 8072).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
Tennessee Valley Authority, Docket No. 50 390, Watts Bar Nuclear Plant,
Unit 1, Rhea County, Tennessee
Date of application for amendment: June 8, 2007, as supplemented on
December 26, 2007, and March 31, 2008.
Brief description of amendment: The amendment revises several
Technical Specification (TS) sections to allow relaxations of various
Reactor Trip System/Engineered Safety Feature (RTS/ESF) logic
completion times, bypass test times, allowable outage times, and
surveillance testing intervals that were previously reviewed and
approved by NRC under Westinghouse Reports WCAP-14333-P-A,
``Probabilistic Risk Analysis of RPS [reactor protection system] and
ESFAS [ESF Actuation System] Test Times and Completion Times,'' and
WCAP-15376-P-A, ``Risk-Informed Assessment of the RTS and ESFAS
Surveillance Test Intervals and Reactor Trip Breaker Test and
Completion Times.'' The amendment also incorporates TS Task Force
(TSTF) Change Travelers TSTF-169, ``Deletion of Condition 3.3.1.N,''
and TSTF-311, ``Revision of Surveillance Frequency for TADOT [Trip
Actuation Device Operational Test] on Turbine Trip Functional Unit.''
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 120 days of issuance.
Amendment No.: 68.
Facility Operating License No. NPF-90: Amendment revises the
Technical Specifications and License.
Date of initial notice in Federal Register: July 31, 2007 (72 FR
41789). The December 26, 2007, and March 31, 2008, supplemental letters
provided clarifying information that was within the scope of the
initial notice and did not change the initial proposed no significant
hazards consideration determination.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
Virginia Electric and Power Company, Docket No. 50-339, North Anna
Power Station, Unit 2, Louisa County, Virginia
Date of application for amendment: December 5, 2007, as
supplemented on March 14, April 3, and April 23, 2008.
Brief description of amendment: The amendment revised Technical
Specification (TS) 5.5.15, pertaining to the containment leakage rate
testing program. The TS change permitted a one-time 5-year exception to
the 10-year frequency of the performance based
[[Page 40636]]
leakage rate testing program for Type A tests, as required by
Regulatory Guide (RG) 1.163. This one time exception to the RG 1.163
requirement allows the next Type A test to be performed no later than
October 9, 2014.
Date of issuance: June 30, 2008.
Effective date: As of the date of issuance and shall be implemented
within 30 days from the date of issuance.
Amendment No.: 233.
Renewed Facility Operating License Nos. NPF-4 and NPF-7: Amendment
changed the license and the technical specifications.
Date of initial notice in Federal Register: January 15, 2008 (73 FR
2550).
The supplements dated March 14, April 3, and April 23, 2008,
provided additional information that clarified the application, did not
expand the scope of the application as originally noticed, and did not
change the staff's original proposed no significant hazards
consideration determination. The Commission's related evaluation of the
amendments is contained in a Safety Evaluation dated June 30, 2008.
No significant hazards consideration comments received: No.
Notice of Issuance of Amendment to Facility Operating License and Final
No Significant Hazards Consideration Determination
During the period since publication of the last biweekly notice,
individual notices of issuance of amendments have been issued for the
facilities as listed below. These notices were previously published as
separate individual notices. They are repeated here because this
biweekly notice lists all amendments that have been issued for which
the Commission has made a final determination that an amendment
involves no significant hazards consideration.
In this case, a prior Notice of Consideration of Issuance of
Amendment, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing was issued, a hearing was requested, and
the amendment was issued before any hearing because the Commission made
a final determination that the amendment involves no significant
hazards consideration.
Details are contained in the individual notice as cited.
Carolina Power & Light Company, Docket No. 50-261, H. B. Robinson Steam
Electric Plant, Unit No. 2, Darlington County, South Carolina
Date of application for amendment: November 19, 2007, as
supplemented by letter dated February 4, 2008.
Brief description of amendment: The amendment makes administrative
revisions to various Operating License (OL) and Technical
Specifications (TS) sections. Specifically, the amendment changes OL
Section 3.G (1) (secondary water chemistry program requirements), OL
Section 3.G (2) (leakage reduction program requirements), TS Section
1.1 (Definitions), TS Section 3.1.7 (Rod Position Indication), TS
Section 3.4.3 (RCS Pressure and Temperature (P/T) Limits), TS Section
3.4.9 (Pressurizer), TS Section 3.7.4 (Auxiliary Feedwater (AFW)
System), TS Section 5.5.12 (Explosive Gas and Storage Tank
Radioactivity Monitoring Program), and TS Section 5.6.6 (Post Accident
Monitoring (PAM) Instrumentation Report). The changes are
administrative in nature and improve the accuracy and clarity of the
TSs and OL without resulting in changes to the plant design or the
procedural controls for the operation, surveillance, or maintenance of
the plant.
Date of issuance: June 19, 2008.
Effective date: Effective as of the date of issuance and shall be
implemented within 30 days.
Amendment No.: 218.
Renewed Facility Operating License No. DPR-23: The amendment
revises the Technical Specifications and Facility Operating License.
Date of initial notice in Federal Register: December 31, 2007.
Public comments requested as to proposed no significant hazards
consideration (NSHC): No.
The Commission's related evaluation of the amendment is contained
in a safety evaluation dated June 19, 2008.
Attorney for licensee: David T. Conley, Associate General Counsel
II--Legal Department, Progress Energy Service Company, LLC, Post Office
Box 1551, Raleigh, North Carolina 27602-1551.
NRC Branch Chief: Thomas H. Boyce.
Notice of Issuance of Amendments to Facility Operating Licenses and
Final Determination of No Significant Hazards Consideration and
Opportunity for a Hearing (Exigent Public Announcement or Emergency
Circumstances)
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application for the
amendment complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR Chapter I, which are set forth in the license amendment.
Because of exigent or emergency circumstances associated with the
date the amendment was needed, there was not time for the Commission to
publish, for public comment before issuance, its usual Notice of
Consideration of Issuance of Amendment, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing.
For exigent circumstances, the Commission has either issued a
Federal Register notice providing opportunity for public comment or has
used local media to provide notice to the public in the area
surrounding a licensee's facility of the licensee's application and of
the Commission's proposed determination of no significant hazards
consideration. The Commission has provided a reasonable opportunity for
the public to comment, using its best efforts to make available to the
public means of communication for the public to respond quickly, and in
the case of telephone comments, the comments have been recorded or
transcribed as appropriate and the licensee has been informed of the
public comments.
In circumstances where failure to act in a timely way would have
resulted, for example, in derating or shutdown of a nuclear power plant
or in prevention of either resumption of operation or of increase in
power output up to the plant's licensed power level, the Commission may
not have had an opportunity to provide for public comment on its no
significant hazards consideration determination. In such case, the
license amendment has been issued without opportunity for comment. If
there has been some time for public comment but less than 30 days, the
Commission may provide an opportunity for public comment. If comments
have been requested, it is so stated. In either event, the State has
been consulted by telephone whenever possible.
Under its regulations, the Commission may issue and make an
amendment immediately effective, notwithstanding the pendency before it
of a request for a hearing from any person, in advance of the holding
and completion of any
[[Page 40637]]
required hearing, where it has determined that no significant hazards
consideration is involved.
The Commission has applied the standards of 10 CFR 50.92 and has
made a final determination that the amendment involves no significant
hazards consideration. The basis for this determination is contained in
the documents related to this action. Accordingly, the amendments have
been issued and made effective as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.12(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action, see (1) the
application for amendment, (2) the amendment to Facility Operating
License, and (3) the Commission's related letter, Safety Evaluation
and/or Environmental Assessment, as indicated. All of these items are
available for public inspection at the Commission's Public Document
Room (PDR), located at One White Flint North, Public File Area 01F21,
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available records will be accessible from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/
adams.html. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the PDR Reference
staff at 1 (800) 397-4209, (301) 415-4737 or by e-mail to pdr@nrc.gov.
The Commission is also offering an opportunity for a hearing with
respect to the issuance of the amendment. Within 60 days after the date
of publication of this notice, 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 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 01F21, 11555 Rockville Pike (first floor),
Rockville, Maryland, and electronically on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are
problems in accessing the document, contact the PDR Reference staff at
1 (800) 397-4209, (301) 415-4737, or by e-mail to pdr@nrc.gov. 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 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.\1\ 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.
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\1\ To the extent that the applications contain attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel and discuss the need for a
protective order.
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