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, 78858-78861 [E8-30474]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
issuance of the renewed license was
published in the Federal Register on
March 20, 2007 (72 FR 13139). For
further details with respect to this
action, see (1) The Carolina Power &
Light Company, license renewal
application for HNP, dated November
14, 2006, as supplemented by letters
dated through July 21, 2008; (2) the
Commission’s Safety Evaluation Report
(NUREG–1916 Volumes 1 and 2),
published in December 2008; (3) the
licensee’s updated safety analysis
report; and (4) the Commission’s FSEIS
(NUREG–1437, Supplement 33),
published in August 2008. These
documents are available at the NRC
Public Document Room, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, and can be
viewed from the NRC Public Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html.
Copies of the Renewed Facility
Operating License No. NPF–63 may be
obtained by writing to the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Director,
Division of License Renewal. Copies of
the HNP, Unit 1, Safety Evaluation
Report (NUREG–1916 Volumes 1 and 2)
and the FSEIS (NUREG–1437,
Supplement 33) may be purchased from
the National Technical Information
Service, U.S. Department of Commerce,
Springfield, Virginia 22161–0002
(https://www.ntis.gov), 703–605–6000, or
the Superintendent of Documents, U.S.
Government Printing Office, P.O. Box
371954, Pittsburgh, Pennsylvania
15250–7954, (https://
www.gpoaccess.gov), 202–512–1800. All
orders should clearly identify the NRC
publication number and the requester’s
Government Printing Office deposit
account number or a VISA or
MasterCard number and expiration date.
Dated at Rockville, Maryland, this 17th day
of December 2008.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E8–30477 Filed 12–22–08; 8:45 am]
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NUCLEAR REGULATORY
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[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.
By letter dated October 31, 2008, the
Nuclear Regulatory Commission issued
Amendment No. 186, to Callaway Plant,
Unit 1, Facility Operating License No.
NPF–30. The amendment allowed a
one-time extension of the allowed
outage time (completion time) for each
of the two essential service water (ESW)
trains (ESW Train A and Train B) from
72 hours to 14 days. The extended
completion time was requested to
support planned replacement of the
underground carbon steel piping with
new high density polyethylene (HDPE)
piping for ESW Train A and ESW Train
B during plant operation. The
amendment was issued with a
requirement to complete the
replacement of carbon steel piping with
HDPE for both ESW trains by December
31, 2008. By its application dated
December 1, 2008, the licensee informed
NRC that it had experienced significant
delays in completing the replacement of
underground piping/conduit of ESW
Train A, due, in part, to underground
obstructions during excavation, a longer
refueling outage (Refuel 16) than
anticipated, a forced outage at the
beginning of Cycle 17, switchyard
maintenance, and other equipment and
personnel issues. Therefore, the licensee
proposed a change in plant modification
dates for replacement of ESW Train B
carbon steel piping. The present plan
calls for completing the modification of
ESW Train A by December 31, 2008, as
approved by Amendment No. 186.
Consequently, the proposed amendment
would extend the implementation date
for completion of replacement of carbon
steel piping for ESW Train B from
December 31, 2008, to April 30, 2009.
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.
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The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) Involve a significant increase in
the probability or consequences of an
accident previously evaluated; 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. Does the proposed change 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 no
hardware changes are proposed to the
protection systems. The same reactor trip
system (RTS) and engineered safety feature
actuation system (ESFAS) instrumentation
will continue to be used. The protection
systems will continue to function in a
manner consistent with the plant design
basis. The use of polyethylene (PE) piping in
the ESW system will result in improved
system performance and enhanced system
reliability, and will provide an acceptable
level of quality and safety. There will be no
changes to the essential service water (ESW)
system or ultimate heat sink (UHS)
surveillance and operating limits.
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 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. The applicable radiological
dose acceptance criteria will continue to be
met.
Therefore, the proposed changes do not
involve a significant increase in the
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probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
There are no proposed 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 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. Does the proposed change 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
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expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, TWB–
05–B01M, 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. 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
PO 00000
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78859
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
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.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), 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 all adjudicatory 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
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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
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
electronic filing Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday.
The electronic filing Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
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,
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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 or the presiding officer of
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).
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
December 1, 2008, 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 Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209, 301–415–4737, or by e-mail
to pdr.resource@nrc.gov.
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
Dated at Rockville, Maryland, this 16th day
of December 2008.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–30474 Filed 12–22–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATES: Weeks of December 22, 29, 2008;
January 5, 12, 19, 26, 2009.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of December 22, 2008—Tentative
There are no meetings scheduled for
the week of December 22, 2008.
Week of December 29, 2008—Tentative
There are no meetings scheduled for
the week of December 29, 2008.
Week of January 5, 2009—Tentative
There are no meetings scheduled for
the week of January 5, 2009.
Week of January 12, 2009—Tentative
There are no meetings scheduled for
the week of January 12, 2009.
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at (301) 492–2279, TDD:
(301) 415–2100, or by e-mail at
rohn.brown@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to
darlene.wright@nrc.gov.
of the United States Trade
Representative published a notice
entitled ‘‘Determination of Trade
Surplus in Certain Sugar and Syrup
Goods and Sugar Containing Products of
Chile, Morocco, the Dominican
Republic, El Salvador, Guatemala,
Honduras, and Nicaragua.’’ A correction
is being made to the information with
regard to the Dominican Republic at the
top of the first column on page 74212.
The calendar year to which the trade
surplus determination applies is
incorrect for the Dominican Republic.
The correct figure is CY2009, rather
than CY2008. All other information
remains unchanged and will not be
repeated in this correction.
FOR FURTHER INFORMATION CONTACT:
Leslie O’Connor, Office of Agricultural
Affairs, telephone: 202–395–6127 or
facsimile: 202–395–4579.
Dated: December 18, 2008.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. E8–30641 Filed 12–19–08; 11:15
am]
Order Approving Public Company
Accounting Oversight Board Budget
and Annual Accounting Support Fee
for Calendar Year 2009
BILLING CODE 7590–01–P
December 17, 2008.
Week of January 19, 2009—Tentative
There are no meetings scheduled for
the week of January 19, 2009.
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Week of January 26, 2009—Tentative
Determination of Trade Surplus in
Certain Sugar and Syrup Goods and
Sugar Containing Products of Chile,
Morocco, the Dominican Republic, El
Salvador, Guatemala, Honduras, and
Nicaragua; Correction
There are no meetings scheduled for
the week of January 26, 2009.
*
*
*
*
*
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
*
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Additional Information
By a vote of 4–0 on December 16,
2008, the Commission determined
pursuant to U.S.C. 552b(e) and 9.107(a)
of the Commission’s rules that
‘‘Discussion of Management Issues—
Closed—Ex.2)’’ be held December 17,
2008, and on less than one week’s
notice to the public.
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USTR.
Notice; correction.
AGENCY:
ACTION:
SUMMARY: The Office of the United
States Trade Representative published a
document in the Federal Register of
December 5, 2008 concerning the
determination of the trade surplus in
certain sugar and syrup goods and sugar
containing products of Chile, Morocco,
the Dominican Republic, El Salvador,
Guatemala, Honduras and Nicaragua.
The document contained incorrect data.
Correction to Previous Notice
In the Federal Register of December 5,
2008, Volume 73, Page 74210, the Office
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Leslie C. O’Connor,
Director, Agricultural Affairs.
[FR Doc. E8–30507 Filed 12–22–08; 8:45 am]
BILLING CODE 3190–W9–P
SECURITIES AND EXCHANGE
COMMISSION
[Securities Act of 1933 Release No. 8989/
Securities Exchange Act of 1934 Release
No. 59113]
The Sarbanes-Oxley Act of 2002 (the
‘‘Act’’) established the Public Company
Accounting Oversight Board (‘‘PCAOB’’)
to oversee the audits of public
companies and related matters, to
protect investors, and to further the
public interest in the preparation of
informative, accurate and independent
audit reports. The PCAOB is to
accomplish these goals through
registration of public accounting firms
and standard setting, inspection, and
disciplinary programs. Section 109 of
the Act provides that the PCAOB shall
establish a reasonable annual
accounting support fee, as may be
necessary or appropriate to establish
and maintain the PCAOB. Section
109(h) amends Section 13(b)(2) of the
Securities Exchange Act of 1934 to
require issuers to pay the allocable share
of a reasonable annual accounting
support fee or fees, determined in
accordance with Section 109 of the Act.
Under Section 109(f), the aggregate
annual accounting support fee shall not
exceed the PCAOB’s aggregate
‘‘recoverable budget expenses,’’ which
E:\FR\FM\23DEN1.SGM
23DEN1
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78858-78861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30474]
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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.
By letter dated October 31, 2008, the Nuclear Regulatory Commission
issued Amendment No. 186, to Callaway Plant, Unit 1, Facility Operating
License No. NPF-30. The amendment allowed a one-time extension of the
allowed outage time (completion time) for each of the two essential
service water (ESW) trains (ESW Train A and Train B) from 72 hours to
14 days. The extended completion time was requested to support planned
replacement of the underground carbon steel piping with new high
density polyethylene (HDPE) piping for ESW Train A and ESW Train B
during plant operation. The amendment was issued with a requirement to
complete the replacement of carbon steel piping with HDPE for both ESW
trains by December 31, 2008. By its application dated December 1, 2008,
the licensee informed NRC that it had experienced significant delays in
completing the replacement of underground piping/conduit of ESW Train
A, due, in part, to underground obstructions during excavation, a
longer refueling outage (Refuel 16) than anticipated, a forced outage
at the beginning of Cycle 17, switchyard maintenance, and other
equipment and personnel issues. Therefore, the licensee proposed a
change in plant modification dates for replacement of ESW Train B
carbon steel piping. The present plan calls for completing the
modification of ESW Train A by December 31, 2008, as approved by
Amendment No. 186. Consequently, the proposed amendment would extend
the implementation date for completion of replacement of carbon steel
piping for ESW Train B from December 31, 2008, to April 30, 2009.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Section 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1) Involve a
significant increase in the probability or consequences of an accident
previously evaluated; 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. Does the proposed change 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 no
hardware changes are proposed to the protection systems. The same
reactor trip system (RTS) and engineered safety feature actuation
system (ESFAS) instrumentation will continue to be used. The
protection systems will continue to function in a manner consistent
with the plant design basis. The use of polyethylene (PE) piping in
the ESW system will result in improved system performance and
enhanced system reliability, and will provide an acceptable level of
quality and safety. There will be no changes to the essential
service water (ESW) system or ultimate heat sink (UHS) surveillance
and operating limits.
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 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. The applicable radiological
dose acceptance criteria will continue to be met.
Therefore, the proposed changes do not involve a significant
increase in the
[[Page 78859]]
probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
There are no proposed 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. Does the proposed change 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, TWB-05-B01M, 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. 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 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
[[Page 78860]]
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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
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 all adjudicatory 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 electronic filing
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday. The electronic filing Help Desk can be contacted
by telephone at 1-866-672-7640 or by e-mail at MSHD.Resource@nrc.gov.
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 or the presiding
officer of 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).
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 December 1, 2008,
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 Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.
[[Page 78861]]
Dated at Rockville, Maryland, this 16th day of December 2008.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-30474 Filed 12-22-08; 8:45 am]
BILLING CODE 7590-01-P
