Union Electric Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 63025-63028 [E8-25150]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
favorable corrosion and hydrogen
pickup characteristics of M5 as
compared with standard Zircaloy-4.
Hence, the M5 fuel rods would be less
susceptible to the detrimental effects of
hydrogen uptake during normal
operation and their impact on postquench ductility. Furthermore, ANL
post-quench ductility tests on unirradiated and irradiated M5 cladding
segments demonstrate that the 10 CFR
50.46(b) fuel criteria (i.e., 2200 degrees
Fahrenheit and 17 percent equivalent
cladding reacted) remain conservative
up to current burnup limits.
Information provided in the
previously approved M5 topical reports,
as well as recent ANL LOCA research,
demonstrate that the acceptance criteria
within 10 CFR 50.46 remain valid for
M5 alloy and meet the underlying
purpose of the rule—maintain a degree
of post-quench ductility in the fuel
cladding material.
Paragraph I.A.5 of Appendix K to 10
CFR Part 50 states that the rates of
energy release, hydrogen generation,
and cladding oxidation from the metalwater reaction shall be calculated using
the Baker-Just equation. Since the
Baker-Just equation presumes the use of
zircaloy clad fuel, strict application of
the rule would not permit use of the
equation for the LFA cladding for
determining acceptable fuel
performance. Metal-water reaction tests
performed by AREVA (topical report
BAW–10227–P–A) demonstrate
conservative reaction rates relative to
the Baker-Just equation. Thus,
application of Appendix K, Paragraph
I.A.5 is not necessary for the licensee to
achieve its underlying purpose in these
circumstances.
In addition, APS states that the eight
LFAs will be placed in non-limiting
core locations (e.g., lower power
assembly locations), which provide
further margin to ECCS performance
requirements and ensure that the
behavior of the LFAs is bounded by the
safety analyses performed for the
standard fuel rods. Based upon results
of metal-water reaction testing and
mechanical testing, which ensure the
applicability of 10 CFR 50.46
acceptance criteria and 10 CFR 50
Appendix K methods and the placement
of LFAs in non-limiting locations, the
staff finds it acceptable to grant a
temporary exemption from the
requirements of 10 CFR 50.46 and
Appendix K to 10 CFR Part 50 for the
use of eight AREVA LFAs within
PVNGS, Unit 1.
Based on the above, no new accident
precursors are created by allowing the
use of LFAs with M5 cladding material
in PVNGS, Unit 1 reactor core during
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operating Cycles 15, 16, and 17, thus,
the probability of postulated accidents
is not increased. Also, based on the
above, the consequences of postulated
accidents are not increased. Therefore,
there is no undue risk to public health
and safety.
Consistent With Common Defense and
Security
The proposed temporary exemption
would allow the use of up to eight LFAs
with advanced cladding materials. This
change to the plant core configuration
has no relation to security issues.
Therefore, the common defense and
security is not impacted by this
temporary exemption.
Special Circumstances
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the temporary exemption is
authorized by law, will not present an
undue risk to the public health and
safety, and is consistent with the
common defense and security. Also,
special circumstances are present.
Therefore, the Commission hereby
grants APS temporary exemption from
the requirements of 10 CFR 50.46 and
Appendix K to 10 CFR Part 50, to allow
the use of fuel rods clad with an
advanced alloy that is not Zircaloy or
ZIRLOTM to be inserted into the PVNGS,
Unit 1 reactor core in non-limiting
locations during operating Cycles 15,
16, and 17.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this temporary exemption
will not have a significant effect on the
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quality of the human environment (73
FR 57386, October 2, 2008).
This temporary exemption is effective
upon issuance.
Dated at Rockville, Maryland, this 14th day
of October 2008.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–25152 Filed 10–21–08; 8:45 am]
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[Docket No. 50–483]
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the specific
regulation in the particular
circumstance would not serve, or is not
necessary to achieve, the underlying
purpose of the rule. The underlying
purpose of 10 CFR 50.46 and Appendix
K to 10 CFR Part 50 is to establish
acceptance criteria for ECCS
performance. The wording of the
regulations in 10 CFR 50.46 and
Appendix K is not directly applicable to
these advanced cladding alloys, even
though the evaluations discussed above
show that the intent of the regulations
are met. Therefore, since the underlying
purposes of 10 CFR 50.46 and Appendix
K are achieved with the use of these
advanced cladding alloys, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) for granting of an
exemption from 10 CFR 50.46 and
Appendix K exist.
4.0
63025
Union Electric Company; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. NPF–
30 issued to Union Electric Company
(the licensee) for operation of the
Callaway Plant, Unit 1, located in
Callaway County, Missouri.
The proposed amendment would
revise Technical Specification (TS)
3.4.10, ‘‘Pressurizer Safety Valves,’’ TS
3.4.11, ‘‘Pressurizer Power Operated
Relief Valves (PORVs),’’ and TS 3.4.12,
‘‘Cold Overpressure Mitigation System
(COMS),’’ to adopt the NRC-approved
Technical Specification Task Force
(TSTF) travelers TSTF–247–A and
TSTF–352–A. In the Federal Register
(FR) notice of consideration published
on March 25, 2008 (73 FR 15791), the
NRC staff identified the proposed
changes to TSs 3.4.10 and 3.4.11 to
modify the completion times for default
conditions in both TSs and to allow
separate condition entry for PORV block
valves in TS 3.4.11, but did not identify
the proposed change to TS 3.4.12 to
extend the completion time for
Condition G. This notice is to identify
this proposed change to TS 3.4.12.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
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of the Code of Federal Regulations (10
CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) Involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. [Do] the proposed change[s] involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
Overall protection system performance will
remain within the bounds of the previously
performed accident analyses since there are
no design changes. All design, material, and
construction standards that were applicable
prior to this amendment request will be
maintained. There will be no changes to the
design and operating temperature and
pressure limits placed on the reactor coolant
system.
The proposed changes will not adversely
affect accident initiators or precursors nor
alter the design assumptions, conditions, and
configuration of the facility or the manner in
which the plant is operated and maintained.
The proposed changes will not alter or
prevent the ability of structures, systems, and
components (SSCs) from performing their
intended functions to mitigate the
consequences of an initiating event within
the assumed acceptance limits.
The proposed changes do not physically
alter safety-related systems nor affect the way
in which safety-related systems perform their
functions.
All accident analysis acceptance criteria
will continue to be met with the proposed
changes. The proposed changes will not
affect the source term, containment isolation,
or radiological release assumptions used in
evaluating the radiological consequences of
an accident previously evaluated. The
proposed changes will not alter any
assumptions or change any mitigation actions
in the radiological consequence evaluations
in the FSAR [Final Safety Analysis Report for
the plant]. The applicable radiological dose
acceptance criteria will continue to be met.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. [Do] the proposed change[s] create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
There are no proposed design changes nor
are there any changes in the method by
which any safety-related plant SSC performs
its safety function. The proposed changes
will not affect the normal method of plant
operation or change any operating
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parameters. No equipment performance
requirements will be affected. The proposed
changes will not alter any assumptions made
in the safety analyses.
No new accident scenarios, transient
precursors, failure mechanisms, or limiting
single failures will be introduced as a result
of this amendment. There will be no adverse
effect or challenges imposed on any safetyrelated system as a result of this amendment.
The proposed amendment will not alter the
design or performance of the 7300 Process
Protection System, Nuclear Instrumentation
System, or Solid State Protection System
used in the plant protection systems.
Therefore, the proposed changes do not
create the possibility of a new or different
accident from any accident previously
evaluated.
3. [Do] the proposed change[s] involve a
significant reduction in a margin of safety?
Response: No.
There will be no effect on those plant
systems necessary to assure the
accomplishment of protection functions.
There will be no impact on the overpower
limit, departure from nucleate boiling ratio
(DNBR) limits, heat flux hot channel factor
(FQ), nuclear enthalpy rise hot channel factor
(FDH), loss of coolant accident peak cladding
temperature (LOCA PCT), peak local power
density, or any other margin of safety. The
applicable radiological dose consequence
acceptance criteria will continue to be met.
The proposed changes do not eliminate any
surveillances or alter the frequency of
surveillances required by the Technical
Specifications. None of the acceptance
criteria for any accident analysis will be
changed.
The proposed changes will have no impact
on the radiological consequences of a design
basis accident.
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, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
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comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the person(s)
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person(s) whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
via electronic submission through the
NRC E-filing system for a hearing and a
petition for leave to intervene. Requests
for a hearing and a petition for leave to
intervene shall be filed in accordance
with the Commission’s ‘‘Rules of
Practice for Domestic Licensing
Proceedings’’ in 10 CFR Part 2.
Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
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leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
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participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
A request for hearing or a petition for
leave to intervene must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve documents over the internet
or in some cases to mail copies on
electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearing.docket@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
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63027
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
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depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/ehd_proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their submissions.
For further details with respect to this
license amendment application, see the
application for amendment dated
November 29, 2007 (ADAMS Accession
No. ML073460060), which is available
for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 14th day
of October 2008.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–25150 Filed 10–21–08; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on US–APWR;
Notice of Meeting
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
Dated: October 15, 2008.
Antonio Dias,
Chief, Reactor Safety Branch B, Advisory
Committee on Reactor Safeguards.
[FR Doc. E8–25145 Filed 10–21–08; 8:45 am]
The ACRS Subcommittee on the US–
APWR will hold a meeting on
November 4–5, 2008, Room T–2B3,
11545 Rockville Pike, Rockville,
Maryland.
The meeting will be open to public
attendance, with the exception of a
portion that may be closed to protect
information that is proprietary to
Mitsubishi Heavy Industries, Ltd., and
its contractors pursuant to 5 U.S.C.
552b(c)(4).
The agenda for the subject meeting
shall be as follows:
Tuesday, November 4, 2008—8 a.m.–
5 p.m.
Wednesday, November 5, 2008—8 a.m.–
12 noon
The Subcommittee will review four
topical reports, as noted below, related
to the U.S. Advanced Pressurized Water
Reactor (US–APWR) Design
Certification Application. These topical
reports include: Safety Instrumentation
and Control (I&C) System Description
and Design Process, Human System
Interface System Description and
Human Factors Engineering Process,
Safety System Digital Platform
(MELTAC), and Defense-in-Depth and
Diversity. The Subcommittee will hear
presentations by and hold discussions
with representatives of the NRC staff,
Mitsubishi Heavy Industries, Ltd., and
other interested persons regarding this
matter. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Mr. Neil Coleman,
(Telephone: 301–415–7656) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 6, 2008 (73 FR 58268–
58269).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Official between
8 a.m. and 4:15 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Subcommittee
Meeting on Planning and Procedures;
Notice of Meeting
The ACRS Subcommittee on Planning
and Procedures will hold a meeting on
November 5, 2008, Room T–2B1, 11545
Rockville Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance, with the exception of
a portion that may be closed pursuant
to 5 U.S.C. 552b(c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to the internal
personnel rules and practices of the
ACRS, and information the release of
which would constitute a clearly
unwarranted invasion of personal
privacy.
The agenda for the subject meeting
shall be as follows:
Wednesday, November 5, 2008, 12 p.m.
Until 1 p.m.
The Subcommittee will discuss
proposed ACRS activities and related
matters. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Officer, Mr. Sam Duraiswamy
(telephone: 301–415–7364) between
7:30 a.m. and 4 p.m. (ET) five days prior
to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 6, 2008 (73 FR 58268–
58269).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Officer between
7:30 a.m. and 4 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
E:\FR\FM\22OCN1.SGM
22OCN1
]]>Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63025-63028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25150]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-483]
Union Electric Company; Notice of Consideration of Issuance of
Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-30 issued to Union Electric Company (the licensee) for operation of
the Callaway Plant, Unit 1, located in Callaway County, Missouri.
The proposed amendment would revise Technical Specification (TS)
3.4.10, ``Pressurizer Safety Valves,'' TS 3.4.11, ``Pressurizer Power
Operated Relief Valves (PORVs),'' and TS 3.4.12, ``Cold Overpressure
Mitigation System (COMS),'' to adopt the NRC-approved Technical
Specification Task Force (TSTF) travelers TSTF-247-A and TSTF-352-A. In
the Federal Register (FR) notice of consideration published on March
25, 2008 (73 FR 15791), the NRC staff identified the proposed changes
to TSs 3.4.10 and 3.4.11 to modify the completion times for default
conditions in both TSs and to allow separate condition entry for PORV
block valves in TS 3.4.11, but did not identify the proposed change to
TS 3.4.12 to extend the completion time for Condition G. This notice is
to identify this proposed change to TS 3.4.12.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10
[[Page 63026]]
of the Code of Federal Regulations (10 CFR), Section 50.92, this means
that operation of the facility in accordance with the proposed
amendment would not (1) Involve a significant increase in the
probability or consequences of an accident previously evaluated; or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated; or (3) involve a significant reduction
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. [Do] the proposed change[s] involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Overall protection system performance will remain within the
bounds of the previously performed accident analyses since there are
no design changes. All design, material, and construction standards
that were applicable prior to this amendment request will be
maintained. There will be no changes to the design and operating
temperature and pressure limits placed on the reactor coolant
system.
The proposed changes will not adversely affect accident
initiators or precursors nor alter the design assumptions,
conditions, and configuration of the facility or the manner in which
the plant is operated and maintained. The proposed changes will not
alter or prevent the ability of structures, systems, and components
(SSCs) from performing their intended functions to mitigate the
consequences of an initiating event within the assumed acceptance
limits.
The proposed changes do not physically alter safety-related
systems nor affect the way in which safety-related systems perform
their functions.
All accident analysis acceptance criteria will continue to be
met with the proposed changes. The proposed changes will not affect
the source term, containment isolation, or radiological release
assumptions used in evaluating the radiological consequences of an
accident previously evaluated. The proposed changes will not alter
any assumptions or change any mitigation actions in the radiological
consequence evaluations in the FSAR [Final Safety Analysis Report
for the plant]. The applicable radiological dose acceptance criteria
will continue to be met.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. [Do] the proposed change[s] create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
There are no proposed design changes nor are there any changes
in the method by which any safety-related plant SSC performs its
safety function. The proposed changes will not affect the normal
method of plant operation or change any operating parameters. No
equipment performance requirements will be affected. The proposed
changes will not alter any assumptions made in the safety analyses.
No new accident scenarios, transient precursors, failure
mechanisms, or limiting single failures will be introduced as a
result of this amendment. There will be no adverse effect or
challenges imposed on any safety-related system as a result of this
amendment.
The proposed amendment will not alter the design or performance
of the 7300 Process Protection System, Nuclear Instrumentation
System, or Solid State Protection System used in the plant
protection systems.
Therefore, the proposed changes do not create the possibility of
a new or different accident from any accident previously evaluated.
3. [Do] the proposed change[s] involve a significant reduction
in a margin of safety?
Response: No.
There will be no effect on those plant systems necessary to
assure the accomplishment of protection functions. There will be no
impact on the overpower limit, departure from nucleate boiling ratio
(DNBR) limits, heat flux hot channel factor (FQ), nuclear enthalpy
rise hot channel factor (F[Delta]H), loss of coolant accident peak
cladding temperature (LOCA PCT), peak local power density, or any
other margin of safety. The applicable radiological dose consequence
acceptance criteria will continue to be met. The proposed changes do
not eliminate any surveillances or alter the frequency of
surveillances required by the Technical Specifications. None of the
acceptance criteria for any accident analysis will be changed.
The proposed changes will have no impact on the radiological
consequences of a design basis accident.
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, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any
person(s) whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file a written
request via electronic submission through the NRC E-filing system for a
hearing and a petition for leave to intervene. Requests for a hearing
and a petition for leave to intervene shall be filed in accordance with
the Commission's ``Rules of Practice for Domestic Licensing
Proceedings'' in 10 CFR Part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the Commission's
PDR, located at One White Flint North, Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-
collections/cfr/. If a request for a hearing or petition for
[[Page 63027]]
leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner to relief. A petitioner/requestor
who fails to satisfy these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve documents over the internet
or in some cases to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
hearing.docket@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 Viewer\TM\ is free and is available
at https://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a 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
[[Page 63028]]
depositing the document with the provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
Participants are requested not to include copyrighted materials in
their submissions.
For further details with respect to this license amendment
application, see the application for amendment dated November 29, 2007
(ADAMS Accession No. ML073460060), which is available for public
inspection at the Commission's PDR, located at One White Flint North,
File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible electronically
from the ADAMS Public Electronic Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/reading-rm/adams.html. Persons who do
not have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS, should contact the NRC PDR Reference staff
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 14th day of October 2008.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-25150 Filed 10-21-08; 8:45 am]
BILLING CODE 7590-01-P
