Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 8281-8294 [E9-3515]
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Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Notices
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://
www.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 13, 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.
Dated at Rockville, Maryland, this 5th day
of February 2009.
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For the Nuclear Regulatory Commission.
John Stang,
Senior Project Manager, Plant Licensing
Branch II–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–3899 Filed 2–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0062]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
I. Background
Pursuant to section 189a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from January 29,
2009, to February 11, 2009. The last
biweekly notice was published on
February 10, 2009 (74 FR 6662).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
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determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example in
derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, 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. Copies of written comments
received may be examined at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
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Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed within 60
days, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner/requestor
intends to rely in proving the contention
at the hearing. The petitioner/requestor
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
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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, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
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 in 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 five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRC-
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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/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,
excluding government holidays. 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
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submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
www.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,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
For further details with respect to this
amendment action, see the application
for amendment which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the ADAMS Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If
you do not have access to ADAMS or if
there are problems in accessing the
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documents located in ADAMS, contact
the PDR Reference staff at 1 (800) 397–
4209, (301) 415–4737 or by e-mail to
pdr@nrc.gov.
Carolina Power & Light Company, et al.,
Docket No. 50–400, Shearon Harris
Nuclear Power Plant, Unit 1, Wake and
Chatham Counties, North Carolina
Date of amendment request:
September 29, 2008, as supplemented
by letter dated January 16, 2009.
Description of amendment request:
The proposed amendment would
modify Technical Specification (TS)
Sections 5.6.1.3.a and 5.6.1.3.b to
incorporate the results of a new
criticality analysis. Specifically the TSs
would be revised to add new
requirements for the Boiling Water
Reactor (BWR) spent fuel storage racks
containing Boraflex in Spent Fuel Pools
A and B. The requirements for the BWR
spent fuel racks as currently contained
in TS 5.6.1.3 would be revised to
specify applicability to the spent fuel
storage racks containing Boral in Spent
Fuel Pool B.
Basis for proposed no significant
hazards consideration determination:
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.
The proposed activity changes the
design basis of the BWR Boraflex storage
racks, but does not make physical
changes to the facility. The change to TS
Section 5.6.1.3 (BWR Storage Racks in
Pools A and B), which is an update to
the administrative controls for
maintaining the required boron
concentration in the Boraflex BWR
spent fuel storage racks located in Pools
A and B, does not modify the facility.
The accidents currently analyzed in
the FSAR [Final Safety Analysis Report]
applicable to the proposed activity are
fuel handling accidents. These accidents
include dropping a fuel assembly onto
the top of a fuel rack or in the space
between a rack and the pool wall. These
events are caused either by personnel
error or equipment malfunction.
Based on the new criticality analysis,
revised acceptance criteria are needed to
ensure the criticality safety of fuel
storage in BWR Boraflex racks in Pools
A and B. Similar administrative controls
were previously placed on fuel stored in
the PWR [Pressurized Water Reactor]
Boraflex racks in Pools A and B. These
changes will eliminate the dependence
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on the Boraflex absorber in the BWR
storage racks. These changes do not
impact the probability of having a fuel
handling accident and do not impact the
consequences of a fuel handling
accident.
Therefore, this amendment does not
involve a significant increase in the
probability or consequences of an
accident previously evaluated.
2. Does the proposed change create
the possibility of a new or different kind
of accident from any accident
previously evaluated?
Response: No.
These revised acceptance criteria
applicable to the irradiated fuel stored
in the BWR Boraflex racks in Pools A
and B are being added to TS Section
5.6.1.3.a.
The proposed change does not result
in any credible new failure mechanisms,
malfunctions or accident initiators not
considered in the original design and
licensing bases.
Detailed analyses have been
performed to ensure a criticality
accident in Pools A and B is not a
credible event. The events that could
lead to a criticality accident are not
new. These events include a fuel
mispositioning event, a fuel drop event,
and a boron dilution event. The
proposed changes do not impact the
probability of any of these events.
The detailed criticality analyses
performed demonstrates that criticality
would not occur following any of these
events. Even in a more likely event,
such as a fuel mispositioning event, the
acceptance criteria for keff [the effective
multiplication factor] remains less than
or equal to 0.95. In the unlikely event
that the spent fuel storage pool boron
concentration were reduced to zero, keff
remains less than 1.0. A criticality
accident is considered ‘‘not credible’’
and the proposed action does not create
the possibility of a new or different kind
of accident from any accident
previously evaluated.
Therefore, the proposed change will
not create the possibility of a new or
different kind of accident from any
accident previously evaluated.
3. Does the proposed change involve
a significant reduction in a margin of
safety?
Response: No.
Incorporation of the revised criteria
for fuel stored in the BWR Boraflex
racks in Pools A and B do not involve
a reduction in the margin of safety. The
updated fuel storage condition
continues to meet keff <0.95 with credit
for soluble boron and keff < 1.0 when
flooded with unborated water.
The proposed changes for storage of
irradiated fuel in BWR Boraflex racks in
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Pools A and B continues to provide the
controls necessary to ensure a criticality
event could not occur in the spent fuel
storage pool. The acceptance criteria are
consistent with the acceptance criteria
specified in 10 CFR 50.68, which
provide an acceptable margin of safety
with regard to the potential for a
criticality event.
Therefore, this amendment does not
involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: David T.
Conley, Associate General Counsel II—
Legal Department, Progress Energy
Service Company, LLC, Post Office Box
1551, Raleigh, North Carolina 27602.
NRC Branch Chief: Thomas H. Boyce.
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Florida Power Corporation, et al.,
Docket No. 50–302, Crystal River Unit 3
Nuclear Generating Plant, Citrus
County, Florida
Date of amendment request: August
28, 2008, as supplemented by letter
dated January 19, 2009.
Description of amendment request:
The proposed amendment would
implement the Technical Specification
Task Force Standard Technical
Specification Change Traveler 449,
Revision 4 inspection requirements for
the replacement once through steam
generators (OTSGs) that are being
installed during the Crystal River Unit
3 Nuclear Generating Plant fall 2009
refueling outage. The replacement
OTSGs differ from the existing OTSGs
in that the tube material is Alloy 690
thermally treated in the replacements
versus Alloy 600 in the existing OTSGs.
Additionally, this amendment would
remove inspection requirements that are
designated for specific damage
conditions in the existing OTSGs,
remove tube repair techniques approved
by the license amendment No. 233,
dated May 16, 2007, for the existing
OTSGs, and remove inspection and
reporting requirements specific to those
repair techniques.
Basis for proposed no significant
hazards consideration determination:
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. The Proposed Change Does Not
Involve a Significant Increase in the
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Probability or Consequences of an
Accident Previously Evaluated.
The proposed change for replacement
OTSGs continues to implement the
current OTSG Program that includes
performance criteria which provide
reasonable assurance that the
replacement OTSG tubing will retain
integrity over the full range of operating
conditions (including startup, operation
in the power range, hot standby,
cooldown and all anticipated transients
included in the design specifications).
This change removes repair criteria from
the OTSG Program that were approved
by previous License Amendments for
the existing Steam Generators which are
not applicable to the replacement
OTSGs. It removes references to use of
repairs and reporting of repair results in
other Technical Specification sections.
This change removes inspection
requirements that are designated for
specific damage conditions in the
existing OTSGs.
The change also revises the inspection
interval for 100% inspections of OTSG
tubes and the maximum interval for
inspection of a single OTSG consistent
with Technical Specification Task Force
item 449 for the Alloy 690 tube material
in the replacement OTSGs. The revised
inspection requirements are based on
properties and experience with the
improved Alloy 690 tube material. The
revised inspection requirements will
result in the same outcome that OTSG
tube integrity will continue to be
maintained.
This change continues to implement
steam generator performance criteria for
tube structural integrity, accident
induced leakage, and operational
leakage for the replacement OTSGs.
Meeting the performance criteria
provides reasonable assurance that the
replacement OTSG tubing will remain
capable of fulfilling its specific safety
function of maintaining reactor coolant
pressure boundary integrity throughout
each operating cycle and in the unlikely
event of a design basis accident. The
performance criteria are only a part of
the OTSG program required by the
existing ITS [Improved Technical
Specification]. The program, defined by
NEI [Nuclear Energy Institute] 97–06,
Steam Generator Program Guidelines,
includes a framework that incorporates
a balance of prevention, inspection,
evaluation, repair, and leakage
monitoring. These features will
continue to be implemented as they are
currently approved. The proposed
changes do not, therefore, significantly
increase the probability of an accident
previously evaluated.
The consequences of design basis
accidents are, in part, functions of the
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DOSE EQUIVALENT I–131 in the
primary coolant and the primary to
secondary LEAKAGE rates resulting
from an accident. Therefore, limits are
included in the plant technical
specifications for operational leakage
and for DOSE EQUIVALENT I–131 in
the primary coolant to ensure the plant
is operated within its analyzed
condition. The analysis of the limiting
design basis accident assumes that the
primary to secondary leak rate, after the
accident, is 1 gallon per minute with no
more than 150 gallons per day in any
one SG [steam generator], and that the
reactor coolant activity levels of DOSE
EQUIVALENT I–131 are at the TS
[technical specification] values before
the accident. The proposed change to
the OTSG inspection program does not
affect the design of the OTSGs, their
method of operation, operational
leakage limits, or primary coolant
chemistry controls. The proposed
change does not adversely impact any
other previously evaluated design basis
accident. In addition, the proposed
changes do not affect the consequences
of a Main Steam Line Break, rod
ejection, or a reactor coolant pump
locked rotor event, or other previously
evaluated accident. Therefore, the
proposed change does not affect the
consequences of a Steam Generator
Tube Rupture accident and the
probability of such an accident is
unchanged.
2. The Proposed Change Does Not
Create the Possibility of a New or
Different Kind of Accident from any
Previously Evaluated.
The proposed license amendment
does not affect the design of the OTSGs,
their method of operation, or primary or
secondary coolant chemistry controls. In
addition, the proposed amendment does
not impact any other plant system or
component. The change modifies
existing OTSG inspection requirements
for 100% inspection intervals, but
establishes inspection requirements that
are considered equivalent based on
properties and experience with
improved materials. Therefore, the
proposed change does not create the
possibility of a new or different type of
accident from any accident previously
evaluated.
3. The Proposed Change Does Not
Involve a Significant Reduction in the
Margin of Safety.
The steam generator tubes in
pressurized water reactors are an
integral part of the reactor coolant
pressure boundary and, as such, are
relied upon to maintain the primary
system’s pressure and inventory. As part
of the reactor coolant pressure
boundary, the steam generator tubes are
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unique in that they are also relied upon
as a heat transfer surface between the
primary and secondary systems such
that residual heat can be removed from
the primary system. In addition, the
steam generator tubes isolate the
radioactive fission products in the
primary coolant from the secondary
system. In summary, the safety function
of a steam generator is maintained by
ensuring the integrity of its tubes. Steam
generator tube integrity is a function of
the design, environment, and the
physical condition of the tube. The
proposed change to the OTSG
inspection program does not affect tube
design or operating environment. The
existing OTSG Program is maintained in
this change. The repair criteria that are
being removed are specific to the
existing OTSGs and are not applicable
to the replacement OTSGs. In the case
of the roll repair that is being removed,
it potentially leads to additional
cracking over subsequent operating
cycles due to tube cold working during
the re-roll. If tube defects are detected
that exceed limits in the new generators,
then the tube will be removed from
service. This is considered a more
effective means for removing defects
than repairs. For the above reasons, the
margin of safety is not changed and
overall plant safety will be enhanced by
the proposed change to the ITS. Based
upon the reasoning presented above and
the previous discussion of the
amendment request, the requested
change does not involve a significant
hazards consideration.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: David T.
Conley, Associate General Counsel II—
Legal Department, Progress Energy
Service Company, LLC, Post Office Box
1551, Raleigh, North Carolina 27602.
NRC Branch Chief: Thomas H. Boyce.
Florida Power Corporation, et al.,
Docket No. 50–302, Crystal River Unit 3
Nuclear Generating Plant, Citrus
County, Florida
Date of amendment request:
November 6, 2008.
Description of amendments request:
The proposed change would revise the
Crystal River Unit 3 (CR–3) Improved
Technical Specifications Surveillance
Requirements (SRs); SR 3.8.1.2, SR
3.8.1.6, and SR 3.8.1.10 to restrict the
voltage and frequency limits for all
Emergency Diesel Generator (EDG)
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starts. The steady state voltage limits
would be revised to be more restrictive
(plus or minus 2 percent of the nominal
voltage) to accurately reflect the
appropriate calculation and the way the
plant is operated and tested. The steady
state frequency limits would be revised
to be more restrictive (plus or minus 1
percent for all EDG starts) to ensure
compliance with the plant design bases
and the way the plant is operated. These
changes would ensure that the EDGs are
capable of supplying power, with the
correct voltage and frequency, to the
required electrical loads.
Basis for proposed no significant
hazards consideration determination:
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 not involve a significant
increase in the probability or
consequences of an accident previously
evaluated.
The LAR [license amendment request]
proposes to provide more restrictive
steady state voltage and frequency limits
for the Emergency Diesel Generators
(EDGs). The voltage band is going from
a range of greater than or equal to 3933
V [volts] but less than or equal to 4400
V, to greater than or equal to 4077 V but
less than or equal to 4243 V. The
proposed limits are +/¥2% [percent]
around the nominal safety-related bus
voltage of 4160 V. The Frequency Limits
are going from a 2% tolerance band to
a 1% tolerance band around the
nominal frequency of 60 Hz [hertz] (59.4
Hz to 60.6 Hz) for all starts of the EDGs.
The EDGs are a safety-related system
that functions to mitigate the impact of
an accident with a concurrent loss of
offsite power. A loss of offsite power is
typically a significant contributor to
postulated plant risk and, as such,
onsite AC [alternating current]
generators have to be maintained
available and reliable in the event of a
loss of offsite power event. The EDGs
are not initiators for any analyzed
accident, therefore; the probability for
an accident that was previously
evaluated is not increased by this
change. The revised, voltage and
frequency limits will ensure the EDGs
will remain capable of performing their
design function.
The consequences of an accident refer
to the impact on both plant personnel
and the public from any radiological
release associated with the accident.
The EDG supports equipment that is
supposed to preclude any radiological
release. More restrictive voltage and
frequency limits for the output of the
EDG restores design margin, and
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provides assurance that the equipment
supplied by the EDG will operate
correctly and within the assumed
timeframe to perform their mitigating
functions.
Until the proposed CR–3 ITS
[Improved Technical Specifications]
EDG voltage and frequency limits are
approved by the NRC, administratively
controlled limits have been established
in accordance with NRC Administrative
Letter 98–10 to ensure all EDG
mitigation functions will be performed,
per design, in the event of a loss of
offsite power. These administrative
limits have been determined as
acceptable and have been incorporated
into the surveillance test procedures
under the provisions of 10 CFR 50.59.
Periodic testing has been performed
with acceptable results. Since EDGs are
mitigating components and are not
initiators for any analyzed accident, no
increased probability of an accident can
occur. Since administrative limits will
ensure the EDGs will perform as
designed, consequences will not be
significantly affected.
2. Does not create the possibility of a
new or different kind of accident from
any accident previously evaluated.
Administrative voltage limits were
established using verified design
calculations and the guidance of NRC
Administrative Letter 98–10. These
administrative limits will ensure the
EDGs will perform as designed. No new
configuration is established by this
change. The administrative limits for
the EDG frequency were determined to
be sufficient to account for
measurement and other uncertainties.
The proposed amendment will place
the administrative limits into the CR–3
ITS. The more restrictive voltage and
frequency limits will provide additional
assurance that the EDG can provide the
necessary power to supply the required
safety-related loads during an analyzed
accident.
The proposed ITS voltage and
frequency limits restore the EDG
capability to those analyzed by
engineering calculation. No new
configuration is established. Therefore,
no new or different kind of accident
from any previously evaluated can be
created.
3. Does not involve a significant
reduction in a margin of safety.
The LAR proposes to provide more
restrictive steady state voltage and
frequency limits for the EDGs. The
change in the acceptance criteria for
specific surveillance testing provides
assurance that the EDGs will be capable
of performing their design function.
Previous test history has shown that the
new limits are well within the
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capability of the EDGs and are
repeatable. The ‘‘as-left’’ settings for
voltage and frequency will be adjusted
such that they remain within a tight
band and this ensures that the ‘‘asfound’’ settings will be in an acceptable
tolerance band.
The proposed ITS limits on voltage
and frequency will ensure that the EDG
will be able to perform all design
functions assumed in the accident
analyses. Administrative limits are in
place to ensure these parameters remain
within analyzed limits. As such, the
proposed change does not involve a
significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: David T.
Conley, Associate General Counsel II—
Legal Department, Progress Energy
Service Company, LLC, Post Office Box
1551, Raleigh, NC 27602.
NRC Branch Chief: Thomas H. Boyce.
Florida Power and Light Company,
Docket Nos. 50–250 and 50–251, Turkey
Point Plant, Units 3 and 4, Miami-Dade
County, Florida
Date of amendment request:
September 26, 2008.
Description of amendment request:
The amendments would revise the
Technical Specifications to adopt
Nuclear Regulatory Commission (NRC)approved Revision 3 to Technical
Specification Task Force (TSTF)
Improved Standard Technical
Specification Change Traveler, TSTF–
448, ‘‘Control Room Envelope
Habitability.’’ The proposed
amendments include changes to the TS
requirements related to control room
envelope (CRE) habitability in TS 3/
4.7.5, ‘‘Control Room Emergency
Ventilation System (CREVS),’’ and TS
Section 6.8, ‘‘Administrative Controls—
Procedures and Programs.’’ In addition,
the improvements to TSTF–448,
Revision 3 as recommended in TSTF–
508, Revision 0, ‘‘Revise Control Room
Envelope Habitability Actions to
Address Lessons Learned from TSTF–
448 Implementation,’’ have been
incorporated as appropriate.
The NRC staff published a notice of
opportunity for comment in the Federal
Register on October 17, 2006 (71 FR
61075), on possible amendments
adopting TSTF–448, including a model
safety evaluation and model no
significant hazards consideration
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(NSHC) determination, using the
consolidated line-item improvement
process. The NRC staff subsequently
issued a notice of availability of the
models for referencing in license
amendment applications in the Federal
Register on January 17, 2007 (72 FR
2022). The licensee affirmed the
applicability of the following NSHC
determination in its application dated
September 26, 2008.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), an
analysis of the issue of no significant
hazards consideration is presented
below:
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change does not adversely
affect accident initiators or precursors nor
alter the design assumptions, conditions, or
configuration of the facility. The proposed
change does not alter or prevent the ability
of structures, systems, and components
(SSCs) to perform their intended function to
mitigate the consequences of an initiating
event within the assumed acceptance limits.
The proposed change revises the TS for the
CRE emergency ventilation system, which is
a mitigation system designed to minimize
unfiltered air leakage into the CRE and to
filter the CRE atmosphere to protect the CRE
occupants in the event of accidents
previously analyzed. An important part of
the CRE emergency ventilation system is the
CRE boundary. The CRE emergency
ventilation system is not an initiator or
precursor to any accident previously
evaluated.
Therefore, the probability of any accident
previously evaluated is not increased.
Performing tests to verify the operability of
the CRE boundary and implementing a
program to assess and maintain CRE
habitability ensure that the CRE emergency
ventilation system is capable of adequately
mitigating radiological consequences to CRE
occupants during accident conditions, and
that the CRE emergency ventilation system
will perform as assumed in the consequence
analyses of design basis accidents. Thus, the
consequences of any accident previously
evaluated are not increased. Therefore, the
proposed change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident from any Accident
Previously Evaluated
The proposed change does not impact the
accident analysis. The proposed change does
not alter the required mitigation capability of
the CRE emergency ventilation system, or its
functioning during accident conditions as
assumed in the licensing basis analyses of
design basis accident radiological
consequences to CRE occupants. No new or
different accidents result from performing the
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new surveillance or following the new
program. The proposed change does not
involve a physical alteration of the plant (i.e.,
no new or different type of equipment will
be installed) or a significant change in the
methods governing normal plant operation.
The proposed change does not alter any
safety analysis assumptions and is consistent
with current plant operating practice.
Therefore, this change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in the Margin
of Safety
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The proposed
change does not affect safety analysis
acceptance criteria. The proposed change
will not result in plant operation in a
configuration outside the design basis for an
unacceptable period of time without
compensatory measures. The proposed
change does not adversely affect systems that
respond to safely shut down the plant and to
maintain the plant in a safe shutdown
condition. Therefore, the proposed change
does not involve a significant reduction in a
margin of safety.
The NRC staff proposes to determine
that the amendment request involves no
significant hazards consideration.
Attorney for licensee: M.S. Ross,
Attorney, Florida Power & Light, P.O.
Box 14000, Juno Beach, Florida 33408–
0420.
NRC Branch Chief: Thomas H. Boyce.
PSEG Nuclear LLC, Docket No. 50–354,
Hope Creek Generating Station, Salem
County, New Jersey
Date of amendment request: January
5, 2009.
Description of amendment request:
The proposed amendment would
modify Technical Specifications (TS)
requirements for mode change
limitations in accordance with Revision
9 of Nuclear Regulatory Commission
(NRC)-approved TS Task Force (TSTF)
change TSTF–359, ‘‘Increase Flexibility
in Mode Restraints.’’
In a Federal Register notice dated
August 2, 2002 (67 FR 50475), the NRC
staff issued a notice of opportunity to
comment on a model safety evaluation
and model no significant hazards
consideration (NSHC) determination for
proposed license amendments adopting
TSTF–359 using the consolidated line
item improvement process (CLIIP).
In a Federal Register notice dated
April 4, 2003 (68 FR 16579), the NRC
staff issued a notice of availability of a
model application for proposed license
amendments adopting TSTF–359 using
the CLIIP. The notice also included a
revised model safety evaluation and a
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model NSHC determination. In its
application dated January 5, 2009, the
licensee affirmed the applicability of the
model NSHC determination which is
presented below.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), an
analysis of the issue of NSHC is
presented below:
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change allows entry into a
mode or other specified condition in the
applicability of a TS, while in a TS condition
statement and the associated required actions
of the TS. Being in a TS condition and the
associated required actions is not an initiator
of any accident previously evaluated.
Therefore, the probability of an accident
previously evaluated is not significantly
increased. The consequences of an accident
while relying on required actions as allowed
by proposed LCO [Limiting Condition for
Operation] 3.0.4, are no different than the
consequences of an accident while entering
and relying on the required actions while
starting in a condition of applicability of the
TS. Therefore, the consequences of an
accident previously evaluated are not
significantly affected by this change. The
addition of a requirement to assess and
manage the risk introduced by this change
will further minimize possible concerns.
Therefore, this change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident From Any Previously
Evaluated
The proposed change does not involve the
physical alteration of the plant (no new or
different type of equipment will be installed).
Entering into a mode or other specified
condition in the applicability of a TS, while
in a TS condition statement and the
associated required actions of the TS, will
not introduce new failure modes or effects
and will not, in the absence of other
unrelated failures, lead to an accident whose
consequences exceed the consequences of
accidents previously evaluated. The addition
of a requirement to assess and manage the
risk introduced by this change will further
minimize possible concerns. Thus, this
change does not create the possibility of a
new or different kind of accident from an
accident previously evaluated.
Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in the Margin
of Safety.
The proposed change allows entry into a
mode or other specified condition in the
applicability of a TS, while in a TS condition
statement and the associated required actions
of the TS. The TS allow operation of the
plant without the full complement of
equipment through the conditions for not
meeting the TS Limiting Conditions for
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Operation (LCO). The risk associated with
this allowance is managed by the imposition
of required actions that must be performed
within the prescribed completion times. The
net effect of being in a TS condition on the
margin of safety is not considered significant.
The proposed change does not alter the
required actions or completion times of the
TS. The proposed change allows TS
conditions to be entered, and the associated
required actions and completion times to be
used in new circumstances. This use is
predicated upon the licensee’s performance
of a risk assessment and the management of
plant risk. The change also eliminates current
allowances for utilizing required actions and
completion times in similar circumstances,
without assessing and managing risk. The
new change to the margin of safety is
insignificant. Therefore, this change does not
involve a significant reduction in a margin of
safety.
Based upon the reasoning presented
above it appears that the three standards
of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to
determine that the amendment request
involves no significant hazards
consideration.
Attorney for licensee: Jeffrie J. Keenan,
Esquire, Nuclear Business Unit—N21,
P.O. Box 236, Hancocks Bridge, NJ
08038.
NRC Branch Chief: Harold K.
Chernoff.
PSEG Nuclear LLC, Docket No. 50–354,
Hope Creek Generating Station, Salem
County, New Jersey
PSEG Nuclear LLC, Docket Nos. 50–272
and 50–311, Salem Nuclear Generating
Station, Unit Nos. 1 and 2, Salem
County, New Jersey
Date of amendment request: January
5, 2009.
Description of amendment request:
The proposed amendments would
delete Section 2.F of the Facility
Operating License (FOL) for Hope Creek
Generating Station (Hope Creek) and
Section 2.I of the FOL for Salem Nuclear
Generating Station (Salem) Unit No. 2.
The FOL sections being deleted require
reporting of violations of the
requirements in Section 2.C of the
respective FOLs. The proposed
amendments would also delete
Technical Specification (TS) 6.9.3 for
Hope Creek, Salem Unit No. 1 and
Salem Unit No. 2. These TSs contain a
reporting requirement that is
duplicative of Nuclear Regulatory
Commission (NRC) regulations.
The NRC staff issued a ‘‘Notice of
Opportunity to Comment on Model
Safety Evaluation on Elimination of
Typical License Condition Requiring
Reporting of Violations of Section 2.C of
Operating Licensing Using the
Consolidated Line Item Improvement
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Process,’’ in the Federal Register on
August 29, 2005 (70 FR 51098). The
notice included a model safety
evaluation (SE) and a model no
significant hazards consideration
(NSHC) determination. On November 4,
2005, the NRC staff issued a notice in
the Federal Register (70 FR 67202)
announcing that the model SE and
model NSHC determination may be
referenced in plant-specific applications
to adopt the changes. In its application
dated January 5, 2009, the licensee
affirmed the applicability of the model
NSHC determination which is presented
below.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), an
analysis of the issue of NSHC is
presented below:
1. Does the change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change involves the
deletion of a reporting requirement. The
change does not affect plant equipment
or operating practices and therefore
does not significantly increase the
probability or consequences of an
accident previously evaluated.
2. Does the change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change is
administrative in that it deletes a
reporting requirement. The change does
not add new plant equipment, change
existing plant equipment, or affect the
operating practices of the facility.
Therefore, the change does not create
the possibility of a new or different kind
of accident from any accident
previously evaluated.
3. Does the proposed change involve
a significant reduction in a margin of
safety?
Response: No.
The proposed change deletes a
reporting requirement. The change does
not affect plant equipment or operating
practices and therefore does not involve
a significant reduction in a margin of
safety.
Based on the above, the NRC staff
proposes that the change presents no
significant hazards consideration under
the standards set forth in 10 CFR
50.92(c).
Attorney for licensee: Jeffrie J. Keenan,
Esquire, Nuclear Business Unit–N21,
P.O. Box 236, Hancocks Bridge, NJ
08038.
NRC Branch Chief: Harold K.
Chernoff.
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Tennessee Valley Authority, Docket
Nos. 50–259, 50–260 and 50–296,
Browns Ferry Nuclear Plant (BFN),
Units 1, 2 and 3, Limestone County,
Alabama
Date of amendment request: October
30 and November 20, 2008 (TS–463–T).
Description of amendment request:
The BFN requests adoption of an
approved change to the Standard
Technical Specifications (TSs) for
General Electric Plants (NUREG–1433,
BWR/4) and plant-specific TSs, that
allows: (1) Revising the frequency of
Surveillance Requirement (SR) 3.1.3.2,
notch testing of fully withdrawn control
rod, from ‘‘7 days after the control rod
is withdrawn and THERMAL POWER is
greater than the low-power set point
(LPSP) of rod worth minimizer (RWM)’’
to ‘‘31 days after the control rod is
withdrawn and THERMAL POWER is
greater than the LPSP of the RWM,’’ (2)
adding the word ‘‘fully’’ to Limiting
Condition for Operation LCO 3.3.1.2,
Required Action E.2 to clarify the
requirement to fully insert all insertable
control rods in core cells containing one
or more fuel assemblies when the
associated source range monitor
instrument is inoperable, and (3)
revising Example 1.4–3 in Section 1.4
‘‘Frequency’’ to clarify that the 1.25
surveillance test interval extension in
SR 3.0.2 is applicable to time periods
discussed in NOTES in the
‘‘SURVEILLANCE’’ column in addition
to the time periods in the
‘‘FREQUENCY’’ column.
Basis for proposed no significant
hazards consideration determination:
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
This change does not affect either the
design or operation of the Control Rod
Drive Mechanism (CRDM). The affected
surveillance and Required Action is not
considered to be an initiator of any
analyzed event. Revising the frequency
for notch testing fully withdrawn
control rods will not affect the ability of
the control rods to shutdown the reactor
if required. Given the extremely reliable
nature of the CRDM, as demonstrated
through industry operating experience,
the proposed monthly notch testing of
all withdrawn control rods continues to
provide a high level of confidence in
control rod operability. Hence, the
overall intent of the notch testing
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surveillances, which is to detect either
random stuck control rods or identify
generic concerns affecting control rod
operability, is not significantly affected
by the proposed change. Requiring
control rods to be fully inserted when
the associated SRM is inoperable is
consistent with other similar
requirements and will increase the
shutdown margin. The clarification of
Example 1.4–3 in Section 1.4
‘‘Frequency’’ is an editorial change
made to provide consistency with other
TSTF–475, Rev. 1 discussions in
Section 1.4. Therefore, the proposed
changes do not involve a significant
increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed change create
the possibility of a new or different kind
of accident from any accident
previously evaluated?
Response: No
Revising the frequency for notch
testing fully withdrawn control rods
does not involve physical modification
to the plant and does not introduce a
new mode of operation. Requiring
control rods to be fully inserted will
make this action consistent with other
similar actions. The clarification of
Example 1.4–3 in Section 1.4
‘‘Frequency’’ is an editorial change
made to provide consistency with other
discussions in Section 1.4. Therefore,
the proposed changes do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve
a significant reduction in a margin of
safety?
Response: No
The CRDs and CRDMs are extremely
reliable systems and, as such, reducing
the number of control rod notch tests
will not significantly impact the
likelihood of detecting a stuck control
rod. If a stuck control rod is detected,
existing action requirements will ensure
prompt action is taken to ensure there
is not a generic problem. Other
surveillances are routinely performed to
ensure that the performance of the
control rods in the event of a DBA
[design-basis accident] or transient
meets the assumptions used in the
safety analyses. As such, potential
effects of reducing the number of notch
tests are far outweighed by the benefit
of reducing undue burden on reactor
operators and reducing the potential for
mispositioning events which
accompanies any control rod
manipulation. Requiring control rods to
be fully inserted instead of partially
inserted when the associated SRM is
inoperable will increase the margin of
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safety. The clarification of Example 1.4–
3 in Section 1.4 ‘‘Frequency’’ is an
editorial change made to provide
consistency with other discussions in
Section 1.4. 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.
Attorney for licensee: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A,
Knoxville, Tennessee 37902.
NRC Branch Chief: Thomas H. Boyce.
Previously Published Notices of
Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The following notices were previously
published as separate individual
notices. The notice content was the
same as above. They were published as
individual notices either because time
did not allow the Commission to wait
for this biweekly notice or because the
action involved exigent circumstances.
They are repeated here because the
biweekly notice lists all amendments
issued or proposed to be issued
involving no significant hazards
consideration.
For details, see the individual notice
in the Federal Register on the day and
page cited. This notice does not extend
the notice period of the original notice.
Duke Power Company LLC, Docket Nos.
50–414, Catawba Nuclear Station, Unit
2, York County, South Carolina
Date of application for amendments:
January 20, 2009.
Brief description of amendments: The
proposed amendment would allow a
one-time limited duration extension of
the Technical Specification (TS)
Surveillance (SR) 3.3.1.4 frequency. SR
3.3.1.4 is a Trip Actuating Device
Operational Test (TADOT) of the reactor
trip breakers (RTBs) and reactor trip
bypass breakers.
Date of publication of individual
notice in Federal Register: January 28,
2009 (74 FR 4986).
Expiration date of individual notice:
30 days February 27, 2009; 60 days
March 30, 2009.
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Notice of Issuance of Amendments to
Facility Operating Licenses
During the period since publication of
the last biweekly notice, the
Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for A Hearing in
connection with these actions was
published in the Federal Register as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.22(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action see (1) the applications for
amendment, (2) the amendment, and (3)
the Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment as indicated. All of these
items are available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
Systems (ADAMS) Public Electronic
Reading Room on the internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR
Reference staff at 1 (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr@nrc.gov.
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Carolina Power & Light Company, et.
al., Docket No. 50–400, Shearon Harris
Nuclear Power Plant, Unit 1, Wake and
Chatham Counties, North Carolina
Date of application for amendment:
January 4, 2008.
Brief description of amendment: The
amendment establishes more effective
and appropriate action, surveillance,
and administrative requirements related
to ensuring the habitability of the
control room envelope in accordance
with the NRC-approved Technical
Specification Task Force (TSTF)
Standard Technical Specification
change traveler TSTF–448, Revision 3,
‘‘Control Room Habitability.’’ This
technical specification improvement
was initially made available in the
Federal Registerby the NRC on January
17, 2007 (72 FR 2022).
Date of issuance: January 29, 2009.
Effective date: Effective as of the date
of issuance and shall be implemented
within 180 days.
Amendment No: 128.
Renewed Facility Operating License
No. NPF–63: The amendment revises
the Technical Specifications and
Facility Operating License.
Date of initial notice in Federal
Register: May 20, 2008 (73 FR 29161).
The Commission’s related evaluation
of the amendment is contained in a
safety evaluation dated January 29,
2009.
No significant hazards consideration
comments received: No.
Carolina Power & Light Company, et.
al., Docket No. 50–400, Shearon Harris
Nuclear Power Plant, Unit 1, Wake and
Chatham Counties, North Carolina
Date of application for amendment:
April 3, 2008, as supplemented by
letters dated December 9, 2008, and
January 9, 2009.
Brief description of amendment: The
amendment revises Technical
Specification Section 5.6.3.b to allow a
reconfiguration of the fuel racks in
Spent Fuel Pool (SFP) C and allow the
use of Metamic as an alternate neutron
poison material in the new storage racks
for SFP C and D. The amendment: (1)
Revises the rack configuration in SFP C
to allow the substitution of four
previously approved (13 × 13 cell)
Boiling Water Reactor racks with an
equal number of (9 × 9 cell) Pressurized
Water Reactor racks, and (2) authorizes
the use of Metamic as an alternate spent
fuel rack poison material.
Date of issuance: January 29, 2009.
Effective date: Effective as of the date
of issuance and shall be implemented
within 60 days.
Amendment No: 129.
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Renewed Facility Operating License
No. NPF–63: The amendment revises
the Technical Specifications and
Facility Operating License.
Date of initial notice in Federal
Register: June 10, 2008 (73 FR 32744).
The supplemental letters provided
clarifying information that was within
the scope of the initial notice and did
not change the initial proposed no
significant hazards consideration
determination.
The Commission’s related evaluation
of the amendment is contained in a
safety evaluation dated January 29,
2009.
No significant hazards consideration
comments received: No.
Duke Power Company LLC, Docket Nos.
50–369 and 50–370, McGuire Nuclear
Station, Units 1 and 2, Mecklenburg
County, North Carolina
Date of application for amendments:
January 22, 2008.
Brief description of amendments: The
amendments revised the Technical
Specifications (TSs) requirements
related to control room envelope
habitability in accordance with TS Task
Force (TSTF) traveler TSTF–448,
‘‘Control Room Habitability,’’ Revision
3. This TS improvement was made
available by the Commission on January
17, 2007 (72 FR 2022) as part of the
consolidated line item improvement
process (CLIIP).
Date of issuance: January 30, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 60 days from the date of
issuance.
Amendment Nos.: 249 and 229.
Renewed Facility Operating License
Nos. NPF–9 and NPF–17: Amendments
revised the licenses and the technical
specifications.
Date of initial notice in Federal
Register: March 25, 2008 (73 FR
15784).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated January 30,
2009.
No significant hazards consideration
comments received: No
Entergy Nuclear Vermont Yankee, LLC
and Entergy Nuclear Operations, Inc.,
Docket No. 50–271, Vermont Yankee
Nuclear Power Station, Vernon,
Vermont
Date of application for amendment:
September 22, 2008.
Brief description of amendment: The
amendment revised the Technical
Specification (TS) to change
requirements related to Battery Systems
specified in TS Section 3.10 resulting in
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removing the Limiting Condition for
Operation pertaining to 345 kV
switchyard batteries, chargers and
associated direct current distribution
panel.
Date of Issuance: February 11, 2009.
Effective date: As of the date of
issuance, and shall be implemented
within 60 days.
Amendment No.: 234.
Facility Operating License No. DPR–
28: Amendment revised the License and
Technical Specifications.
Date of initial notice in Federal
Register: November 18, 2008 (73 FR
68454).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated January 30,
2009.
No significant hazards consideration
comments received: No.
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Entergy Operations, Inc., Docket No. 50–
382, Waterford Steam Electric Station,
Unit 3, St. Charles Parish, Louisiana
Date of amendment request: January
2, 2008, as supplemented by letter dated
January 22, 2009.
Brief description of amendment: The
amendment revised the actions for
inoperable containment isolation valves
(CIVs) in Technical Specification 3/
4.6.3, ‘‘Containment Isolation Valves,’’
to increase the allowed outage time from
4 hours to 72 hours for inoperable CIVs
for penetrations with closed systems
inside containment.
Date of issuance: January 30, 2009.
Effective date: As of the date of
issuance and shall be implemented 90
days from the date of issuance.
Amendment No.: 217.
Facility Operating License No. NPF–
38: The amendment revised the Facility
Operating License and Technical
Specifications.
Date of initial notice in Federal
Register: January 29, 2008 (73 FR
5219). The supplemental letter dated
January 22, 2009, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated January 30,
2009.
No significant hazards consideration
comments received: No.
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Exelon Generation Company, LLC,
Docket Nos. STN 50–456 and STN 50–
457, Braidwood Station, Units 1 and 2
(Braidwood), Will County, Illinois
Docket Nos. STN 50–454 and STN 50–
455, Byron Station, Unit Nos. 1 and 2
(Byron), Ogle County, Illinois
Date of application for amendment:
February 21, 2008.
Brief description of amendment: The
amendments approved revisions to the
current licensing basis for Braidwood
and Byron associated with the
application of an alternative source term
(AST) methodology, previously
approved by the Nuclear Regulatory
Commission staff. Specifically, the
amendments approved removing credit
for the control room ventilation system
recirculation prefilters and reducing the
assumed control room unfiltered
inleakage in the AST analyses.
Date of issuance: February 5, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment Nos.: Braidwood Unit 1–
155; Braidwood Unit 2–155; Byron Unit
No. 1–160; and Byron Unit No. 2–160.
Facility Operating License Nos. NPF–
72, NPF–77, NPF–37, and NPF–66: The
amendments revised the current
licensing basis for Braidwood and
Byron.
Date of initial notice in Federal
Register: June 3, 2008 (73 FR 31720).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated February 5,
2009.
No significant hazards consideration
comments received: No.
Florida Power and Light Company, et
al., Docket No. 50–389, St. Lucie Plant,
Unit No. 2, St. Lucie County, Florida
Date of application for amendment:
January 23, 2008.
Brief description of amendment: The
proposed amendment would extend the
pressure temperature (PT) limit curves
and the low temperature overpressure
protection (LTOP) setpoints for
operation to 55 Effective Full Power
Years (EFPYs). The current PT limit
curves (and the LTOP setpoints) are
applicable to 21.7 EFPYs. The new PT
limits and LTOP settings will be
applicable to 60 calendar years, which
includes the period until the end of the
renewed operating license.
Date of Issuance: January 29, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 60 days of issuance.
Amendment No.: 154.
Renewed Facility Operating License
No. NPF–16: Amendment revised the
Technical Specifications.
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Date of initial notice in Federal
Register: September 9, 2008 (73 FR
52418).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated January 29,
2009.
No significant hazards consideration
comments received: No.
Nuclear Management Company, LLC,
Docket No. 50–263, Monticello Nuclear
Generating Plant, Wright County,
Minnesota
Date of application for amendment:
February 6, 2008, as supplemented on
September 16 and November 6, 2008.
Brief description of amendment: The
amendment approved the installation
and use of the General Electric—Hitachi
nuclear measurement analysis and
control digital Power Range Neutron
Monitoring System (PRNMS), and
approved changes in the Technical
Specifications to reflect use of the
PRNMS at Monticello Nuclear
Generating Plant.
Date of issuance: January 30, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 90 days.
Amendment No.: 159.
Facility Operating License No. DPR–
22. Amendment revised the Technical
Specifications and Facility Operating
License.
Date of initial notice in Federal
Register: March 11, 2008 (73 FR
13025).
The supplemental letters contained
clarifying information, did not change
the initial no significant hazards
consideration determination, and did
not expand the scope of the original
Federal Register notice.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated January 30,
2009.
No significant hazards consideration
comments received: No.
Southern California Edison Company,
et. al., Docket Nos. 50–361 and 50–362,
San Onofre Nuclear Generating Station,
Units 2 and 3, San Diego County,
California
Date of application for amendments:
June 27, 2008.
Brief description of amendments: The
amendments revised the Technical
Specifications (TSs) to adopt Technical
Specification Task Force (TSTF) Change
Traveler TSTF–487, Revision 1,
‘‘Relocate DNB [Departure from
Nucleate Boiling] Parameters to the
COLR [Core Operating Limits Report].’’
Specifically, the amendments revised
TS 3.4.1 and its associated bases and TS
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5.7.1.5 to replace the DNB numeric
limits in TSs with references to the
COLR.
Date of issuance: February 3, 2009.
Effective date: As of its date of
issuance and shall be implemented
within 60 days of issuance.
Amendment Nos.: Unit 2–219; Unit
3–212.
Facility Operating License Nos. NPF–
10 and NPF–15: The amendments
revised the Facility Operating Licenses
and Technical Specifications.
Date of initial notice in Federal
Register: September 23, 2008 (73 FR
54868).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated February 3,
2009.
No significant hazards consideration
comments received: No.
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STP Nuclear Operating Company,
Docket Nos. 50–498 and 50–499, South
Texas Project, Units 1 and 2, Matagorda
County, Texas
Date of amendment request: January
23, 2008.
Brief description of amendments: The
amendments revised the actions
specified in Technical Specification
(TS) 3.6.1.3, ‘‘Containment Air Locks,’’
when limiting condition for operation
(LCO) 3.6.1.3 is not met. The
amendments allow plant personnel to
repair containment air lock components
while the plant remains at power and
ensure that the containment air locks
will continue to meet the requirements
of the design basis.
Date of issuance: January 30, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 90 days of issuance.
Amendment Nos.: Unit 1–190; Unit
2–178.
Facility Operating License Nos. NPF–
76 and NPF–80: The amendments
revised the Facility Operating Licenses
and Technical Specifications.
Date of initial notice in Federal
Register: March 25, 2008 (73 FR
15788).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated January 30,
2009.
No significant hazards consideration
comments received: No.
Wolf Creek Nuclear Operating
Corporation, Docket No. 50–482, Wolf
Creek Generating Station, Coffey
County, Kansas
Date of amendment request: July 10,
2008, as supplemented by letter dated
August 26, 2008.
Brief description of amendment: The
amendment modified Technical
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Specification (TS) 5.5.6 consistent with
the Technical Specification Task Force
(TSTF) Standard Technical
Specification Change Traveler, TSTF–
419, Revision 0, ‘‘Revise PTLR [Pressure
and Temperature Limits Report]
Definition and References in ISTS
[Improved Standard TS] 5.6.6, RCS
[Reactor Coolant System] PTLR.’’ The
revised TS 5.6.6 references only the
Topical Report (TR) number and title in
TS 5.6.6, ‘‘Reactor Coolant System (RCS)
PRESSURE AND TEMPERATURE
LIMITS REPORT (PTLR).’’ This allows
the use of the currently approved TRs to
determine the pressure and temperature
limits in the PTLR without having to
submit an amendment to the Operating
License. The change does not alter (1)
the U.S. Nuclear Regulatory
Commission (NRC) reviewed and
approved analytical methods used to
determine the pressure and temperature
limits or Low Temperature
Overpressure Protection System
setpoints, or (2) the requirement to use
NRC-approved analytical methods to
determine the limits or setpoints.
Date of issuance: January 27, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 90 days from the date of
issuance.
Amendment No.: 180.
Renewed Facility Operating License
No. NPF–42. The amendment revised
the Renewed Operating License and
Technical Specifications.
Date of initial notice in Federal
Register: August 26, 2008 (73 FR
50362). The supplemental letter dated
August 26, 2008, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated January 27,
2009.
No significant hazards consideration
comments received: No.
Notice of Issuance of Amendments to
Facility Operating Licenses and Final
Determination of No Significant
Hazards Consideration and Opportunity
for a Hearing (Exigent Public
Announcement or Emergency
Circumstances)
During the period since publication of
the last biweekly notice, the
Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application for the
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8291
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. The Commission has
made appropriate findings as required
by the Act and the Commission’s rules
and regulations in 10 CFR Chapter I,
which are set forth in the license
amendment.
Because of exigent or emergency
circumstances associated with the date
the amendment was needed, there was
not time for the Commission to publish,
for public comment before issuance, its
usual Notice of Consideration of
Issuance of Amendment, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing.
For exigent circumstances, the
Commission has either issued a Federal
Register notice providing opportunity
for public comment or has used local
media to provide notice to the public in
the area surrounding a licensee’s facility
of the licensee’s application and of the
Commission’s proposed determination
of no significant hazards consideration.
The Commission has provided a
reasonable opportunity for the public to
comment, using its best efforts to make
available to the public means of
communication for the public to
respond quickly, and in the case of
telephone comments, the comments
have been recorded or transcribed as
appropriate and the licensee has been
informed of the public comments.
In circumstances where failure to act
in a timely way would have resulted, for
example, in derating or shutdown of a
nuclear power plant or in prevention of
either resumption of operation or of
increase in power output up to the
plant’s licensed power level, the
Commission may not have had an
opportunity to provide for public
comment on its no significant hazards
consideration determination. In such
case, the license amendment has been
issued without opportunity for
comment. If there has been some time
for public comment but less than 30
days, the Commission may provide an
opportunity for public comment. If
comments have been requested, it is so
stated. In either event, the State has
been consulted by telephone whenever
possible.
Under its regulations, the Commission
may issue and make an amendment
immediately effective, notwithstanding
the pendency before it of a request for
a hearing from any person, in advance
of the holding and completion of any
required hearing, where it has
determined that no significant hazards
consideration is involved.
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Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Notices
The Commission has applied the
standards of 10 CFR 50.92 and has made
a final determination that the
amendment involves no significant
hazards consideration. The basis for this
determination is contained in the
documents related to this action.
Accordingly, the amendments have
been issued and made effective as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.12(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action see (1) the application for
amendment, (2) the amendment to
Facility Operating License, and (3) the
Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment, as indicated. All of these
items are available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR
Reference staff at 1 (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr@nrc.gov.
The Commission is also offering an
opportunity for a hearing with respect to
the issuance of the amendment. Within
60 days after the date of publication of
this notice, any person(s) whose interest
may be affected by this action may file
a request for a hearing and a petition to
intervene with respect to issuance of the
amendment to the subject facility
operating license. Requests for a hearing
and a petition for leave to intervene
shall be filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR Part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville
Pike (first floor), Rockville, Maryland,
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17:23 Feb 23, 2009
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and electronically on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If there
are problems in accessing the document,
contact the PDR Reference staff at 1
(800) 397–4209, (301) 415–4737, or by email to pdr@nrc.gov. If a request for a
hearing or petition for leave to intervene
is filed by the above date, the
Commission or a presiding officer
designated by the Commission or by the
Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.1
1 To the extent that the application contains
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
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Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns/
issues relating to technical and/or
health and safety matters discussed or
referenced in the applications.
2. Environmental—primarily
concerns/issues relating to matters
discussed or referenced in the
environmental analysis for the
applications.
3. Miscellaneous—does not fall into
one of the categories outlined above.
As specified in 10 CFR 2.309, if two
or more petitioners/requestors seek to
co-sponsor a contention, the petitioners/
requestors shall jointly designate a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention. If a petitioner/requestor
seeks to adopt the contention of another
sponsoring petitioner/requestor, the
petitioner/requestor who seeks to adopt
the contention must either agree that the
sponsoring petitioner/requestor shall act
as the representative with respect to that
contention, or jointly designate with the
sponsoring petitioner/requestor a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing. Since the Commission has
made a final determination that the
amendment involves no significant
hazards consideration, if a hearing is
requested, it will not stay the
effectiveness of the amendment. Any
hearing held would take place while the
amendment is in effect.
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
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
to discuss the need for a protective order.
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under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve 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 five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
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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,
excluding government holidays. 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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
www.ehd.nrc.gov/EHD_Proceeding/
home.asp, unless excluded pursuant to
an order of the Commission, an Atomic
Safety and Licensing Board, or a
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8293
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,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Dominion Energy Kewaunee, Inc.
Docket No. 50–305, Kewaunee Power
Station (KPS), Kewaunee County,
Wisconsin
Date of amendment request: January
23, 2009, as supplemented by letters of
January 26, January 30 and February 5,
2009.
Description of amendment request:
The amendment revised the KPS facility
operating license by modifying the
Technical Specifications in Section
3.7.a.7 from ‘‘The two underground
storage tanks combine to supply at least
35,000 gallons of fuel oil for either
diesel generator and the day tanks for
each diesel generator contain at least
1,000 gallons of fuel oil’’ to require each
diesel generator’s underground storage
tank and corresponding day tanks to
contain a minimum useable volume of
32,888 gallons.
Date of issuance: February 6, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 30 days.
Amendment No.: 203.
Facility Operating License No. DPR–
43: Amendment revised Facility
Operating License No. DPR–43 and
Appendix A of the Technical
Specifications.
Public comments requested as to
proposed no significant hazards
consideration (NSHC): Yes. The Nuclear
Regulatory Commission (NRC) staff
published a public notice of the
proposed amendment, issued a
proposed finding of NSHC, and
requested that any comments on the
proposed NSHC be provided to the NRC
staff no later than close of business on
February 5, 2009. The notice was
published in the ‘‘Herald Times
Reporter’’ of Manitowoc, Wisconsin, on
January 29, 2009. No comments have
been received.
The Commission’s related evaluation
of the amendment, finding of exigent
circumstances, state consultation, and
final NSHC determination are contained
in a safety evaluation dated February 6,
2009.
E:\FR\FM\24FEN1.SGM
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Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Notices
Attorney for licensee: Lillian M.
Cuoco, Senior Counsel, Dominion
Resources Services, Inc., Counsel for
Dominion Energy Kewaunee, Inc., 120
Tredegar Street, Richmond, VA 23219.
NRC Branch Chief: Lois M. James.
Dated at Rockville, Maryland, this 12th day
of February 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–3515 Filed 2–23–09; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–28618; 812–13632]
Wachovia Securities, LLC, et al.;
Notice of Application and Temporary
Order
February 18, 2009.
mstockstill on PROD1PC66 with NOTICES
AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Temporary order and notice of
application for a permanent order under
section 9(c) of the Investment Company
Act of 1940 (‘‘Act’’).
SUMMARY OF APPLICATION: Applicants
have received a temporary order
exempting them from section 9(a) of the
Act, with respect to an injunction
entered against Wachovia Securities,
LLC (‘‘Wachovia Securities’’) on
February 17, 2009 by the United States
District Court for the Northern District
of Illinois (‘‘Injunction’’), until the
Commission takes final action on an
application for a permanent order.
Applicants also have applied for a
permanent order.
APPLICANTS: Wachovia Securities,
Evergreen Investment Management
Company, LLC (‘‘Evergreen Investment
Management’’), Tattersall Advisory
Group, Inc. (‘‘Tattersall’’), First
International Advisors, LLC (‘‘First
International’’), Metropolitan West
Capital Management, LLC
(‘‘Metropolitan West’’), J.L. Kaplan
Associates, LLC (‘‘J.L. Kaplan’’), Golden
Capital Management, LLC (‘‘Golden
Capital’’), Evergreen Investment
Services, Inc. (‘‘Evergreen Investment
Services’’), Prudential Investment
Management, Inc. (‘‘PIM, Inc.’’),
Prudential Investments LLC (‘‘PI LLC’’),
The Prudential Insurance Company of
America (‘‘Prudential Insurance’’),
Jennison Associates LLC (‘‘Jennison’’),
Prudential Bache Asset Management,
Inc. (‘‘Bache’’), Quantitative
Management Associates LLC (‘‘QMA
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17:23 Feb 23, 2009
Jkt 217001
LLC’’), Pruco Securities, LLC (‘‘Pruco’’),
AST Investment Services, Inc. (‘‘AST
Investment’’), Prudential Annuities
Distributors, Inc. (‘‘PAD’’), Prudential
Investment Management Services LLC
(‘‘PIMS LLC’’), Pruco Life Insurance
Company (‘‘Pruco Life’’), Pruco Life
Insurance Company of New Jersey
(‘‘Pruco Life NJ’’), Prudential Annuities
Life Assurance Corporation (‘‘PALAC’’),
Prudential Retirement Insurance and
Annuity Company (‘‘PRIAC’’), Wells
Fargo Funds Management, LLC (‘‘WF
Funds Management’’), Wells Capital
Management Incorporated (‘‘Wells
Capital Management’’), Peregrine
Capital Management, Inc. (‘‘Peregrine’’),
Galliard Capital Management, Inc.
(‘‘Galliard’’), Wells Fargo Private
Investment Advisors, LLC d/b/a Nelson
Capital Management (‘‘Nelson’’), Wells
Fargo Funds Distributor, LLC (‘‘WF
Funds Distributor’’), Lowry Hill
Investment Advisors, Inc. (‘‘Lowry
Hill’’), and Wells Fargo Alternative
Asset Management, LLC (‘‘WFAAM’’)
(collectively, other than Wachovia
Securities, the ‘‘Fund Servicing
Applicants’’ and together with
Wachovia Securities, the
‘‘Applicants’’).1
DATES: Filing Date: The application was
filed on February 18, 2009.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
Applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on March 16, 2009, and
should be accompanied by proof of
service on Applicants, in the form of an
affidavit, or for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090; Applicants: Wachovia Securities,
One North Jefferson Avenue, St. Louis,
MO 63103; Evergreen Investment
Management, J.L. Kaplan and Evergreen
Investment Services, 200 Berkeley
Street, Boston, MA 02116; Tattersall,
6802 Paragon Place, Suite 200,
1 Applicants request that any relief granted
pursuant to the application also apply to any other
company of which Wachovia Securities is or may
become an affiliated person (together with the
Applicants, the ‘‘Covered Persons’’).
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Richmond, VA 23230; First
International, 3 Bishopsgate, London,
England UK EC2N3AB; Metropolitan
West, 610 Newport Center Drive, Suite
1000, Newport Beach, CA 92660;
Golden Capital, 5 Resource Square,
Suite 150, 10715 David Taylor Drive,
Charlotte, NC 28262; PIM, Inc. and
QMA LLC, 100 Mulberry Street,
Gateway Center Two, Newark, NJ 07102;
PI LLC and PIMS LLC, 100 Mulberry
Street, Gateway Center Three, Newark,
NJ 07102; Prudential Insurance and
Pruco, 751 Broad Street, Newark, NJ
07102; Jennison, 466 Lexington Avenue,
New York, NY 10017; Bache, One New
York Plaza, 13th Floor, New York, NY
10292; AST Investment, PAD and
PALAC, One Corporate Drive, Shelton,
CT 06484; Pruco Life and Pruco Life NJ,
213 Washington Street, Newark, NJ
07102; PRIAC, 280 Trumbull Street,
Hartford, CT 06103–3509; WF Funds
Management and WF Funds Distributor,
525 Market Street, 12th Floor, San
Francisco, CA 94105; Wells Capital
Management, 525 Market Street, 10th
Floor, San Francisco, CA 94105;
Peregrine, 800 LaSalle Avenue, Suite
1850, Minneapolis, MN 55402; Galliard,
800 LaSalle Avenue, Suite 2060,
Minneapolis, MN 55402; Nelson, 1860
Embarcadero Road, #140, Palo Alto, CA
94303; Lowry Hill, 90 South Seventh
Street, Suite 5300, Minneapolis, MN
55402; and WFAAM, 333 Market Street,
29th Floor, MAC# A0119–291, San
Francisco, CA 94105.
FOR FURTHER INFORMATION CONTACT:
Steven I. Amchan, Attorney Adviser, at
(202) 551–6826, or Julia Kim Gilmer,
Branch Chief, at (202) 551–6821,
(Division of Investment Management,
Office of Investment Company
Regulation).
SUPPLEMENTARY INFORMATION: The
following is a temporary order and a
summary of the application. The
complete application may be obtained
for a fee at the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549–1520 (tel. 202–
551–5850).
Applicants’ Representations:
1. Wells Fargo & Company (‘‘Wells
Fargo’’), a financial holding company
and bank holding company, offers
banking, brokerage, advisory and other
financial services to institutional and
individual customers worldwide. On
December 31, 2008, Wells Fargo
acquired all of the outstanding voting
shares of Wachovia Corporation. Wells
Fargo indirectly owns 75% to 77% of
Wachovia Securities Financial
Holdings, LLC (‘‘WSFH’’) and
Prudential Financial, Inc. (‘‘Prudential’’)
indirectly owns 23% to 25% of WSFH.
E:\FR\FM\24FEN1.SGM
24FEN1
Agencies
[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8281-8294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3515]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0062]
Biweekly Notice; Applications and Amendments to Facility
Operating Licenses Involving No Significant Hazards Considerations
I. Background
Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission or NRC staff) is publishing this regular biweekly notice.
The Act requires the Commission publish notice of any amendments
issued, or proposed to be issued and grants the Commission the
authority to issue and make immediately effective any amendment to an
operating license upon a determination by the Commission that such
amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This biweekly notice includes all notices of amendments issued, or
proposed to be issued from January 29, 2009, to February 11, 2009. The
last biweekly notice was published on February 10, 2009 (74 FR 6662).
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, 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. Copies of written comments
received may be examined at the Commission's Public Document Room
(PDR), located at One White Flint North, Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the Commission's PDR, located at One White Flint North, Public File
Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
[[Page 8282]]
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed within 60 days, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner/
requestor intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner/requestor intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, any hearing held would take place before the
issuance of any amendment.
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 in 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
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer
TM to access the Electronic Information Exchange (EIE), a
component of the E-Filing system. The Workplace Forms 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, excluding government holidays. 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
[[Page 8283]]
submit documents in paper format. Such filings must be submitted by:
(1) First class mail addressed to the Office of the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemaking and Adjudications Staff; or (2) courier,
express mail, or expedited delivery service to the Office of the
Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing a document in this manner are
responsible for serving the document on all other participants. Filing
is considered complete by first-class mail as of the time of deposit in
the mail, or by courier, express mail, or expedited delivery service
upon depositing the document with the provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii).
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://www.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, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the Commission's PDR, located at One White Flint North, Public File
Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the ADAMS Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr@nrc.gov.
Carolina Power & Light Company, et al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North
Carolina
Date of amendment request: September 29, 2008, as supplemented by
letter dated January 16, 2009.
Description of amendment request: The proposed amendment would
modify Technical Specification (TS) Sections 5.6.1.3.a and 5.6.1.3.b to
incorporate the results of a new criticality analysis. Specifically the
TSs would be revised to add new requirements for the Boiling Water
Reactor (BWR) spent fuel storage racks containing Boraflex in Spent
Fuel Pools A and B. The requirements for the BWR spent fuel racks as
currently contained in TS 5.6.1.3 would be revised to specify
applicability to the spent fuel storage racks containing Boral in Spent
Fuel Pool B.
Basis for proposed no significant hazards consideration
determination: 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.
The proposed activity changes the design basis of the BWR Boraflex
storage racks, but does not make physical changes to the facility. The
change to TS Section 5.6.1.3 (BWR Storage Racks in Pools A and B),
which is an update to the administrative controls for maintaining the
required boron concentration in the Boraflex BWR spent fuel storage
racks located in Pools A and B, does not modify the facility.
The accidents currently analyzed in the FSAR [Final Safety Analysis
Report] applicable to the proposed activity are fuel handling
accidents. These accidents include dropping a fuel assembly onto the
top of a fuel rack or in the space between a rack and the pool wall.
These events are caused either by personnel error or equipment
malfunction.
Based on the new criticality analysis, revised acceptance criteria
are needed to ensure the criticality safety of fuel storage in BWR
Boraflex racks in Pools A and B. Similar administrative controls were
previously placed on fuel stored in the PWR [Pressurized Water Reactor]
Boraflex racks in Pools A and B. These changes will eliminate the
dependence on the Boraflex absorber in the BWR storage racks. These
changes do not impact the probability of having a fuel handling
accident and do not impact the consequences of a fuel handling
accident.
Therefore, this amendment does not involve a significant increase
in the probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
These revised acceptance criteria applicable to the irradiated fuel
stored in the BWR Boraflex racks in Pools A and B are being added to TS
Section 5.6.1.3.a.
The proposed change does not result in any credible new failure
mechanisms, malfunctions or accident initiators not considered in the
original design and licensing bases.
Detailed analyses have been performed to ensure a criticality
accident in Pools A and B is not a credible event. The events that
could lead to a criticality accident are not new. These events include
a fuel mispositioning event, a fuel drop event, and a boron dilution
event. The proposed changes do not impact the probability of any of
these events.
The detailed criticality analyses performed demonstrates that
criticality would not occur following any of these events. Even in a
more likely event, such as a fuel mispositioning event, the acceptance
criteria for keff [the effective multiplication factor]
remains less than or equal to 0.95. In the unlikely event that the
spent fuel storage pool boron concentration were reduced to zero,
keff remains less than 1.0. A criticality accident is
considered ``not credible'' and the proposed action does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
Therefore, the proposed change will not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Incorporation of the revised criteria for fuel stored in the BWR
Boraflex racks in Pools A and B do not involve a reduction in the
margin of safety. The updated fuel storage condition continues to meet
keff <0.95 with credit for soluble boron and keff
< 1.0 when flooded with unborated water.
The proposed changes for storage of irradiated fuel in BWR Boraflex
racks in
[[Page 8284]]
Pools A and B continues to provide the controls necessary to ensure a
criticality event could not occur in the spent fuel storage pool. The
acceptance criteria are consistent with the acceptance criteria
specified in 10 CFR 50.68, which provide an acceptable margin of safety
with regard to the potential for a criticality event.
Therefore, this amendment does not involve a significant reduction
in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: David T. Conley, Associate General Counsel
II--Legal Department, Progress Energy Service Company, LLC, Post Office
Box 1551, Raleigh, North Carolina 27602.
NRC Branch Chief: Thomas H. Boyce.
Florida Power Corporation, et al., Docket No. 50-302, Crystal River
Unit 3 Nuclear Generating Plant, Citrus County, Florida
Date of amendment request: August 28, 2008, as supplemented by
letter dated January 19, 2009.
Description of amendment request: The proposed amendment would
implement the Technical Specification Task Force Standard Technical
Specification Change Traveler 449, Revision 4 inspection requirements
for the replacement once through steam generators (OTSGs) that are
being installed during the Crystal River Unit 3 Nuclear Generating
Plant fall 2009 refueling outage. The replacement OTSGs differ from the
existing OTSGs in that the tube material is Alloy 690 thermally treated
in the replacements versus Alloy 600 in the existing OTSGs.
Additionally, this amendment would remove inspection requirements that
are designated for specific damage conditions in the existing OTSGs,
remove tube repair techniques approved by the license amendment No.
233, dated May 16, 2007, for the existing OTSGs, and remove inspection
and reporting requirements specific to those repair techniques.
Basis for proposed no significant hazards consideration
determination: 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. The Proposed Change Does Not Involve a Significant Increase in
the Probability or Consequences of an Accident Previously Evaluated.
The proposed change for replacement OTSGs continues to implement
the current OTSG Program that includes performance criteria which
provide reasonable assurance that the replacement OTSG tubing will
retain integrity over the full range of operating conditions (including
startup, operation in the power range, hot standby, cooldown and all
anticipated transients included in the design specifications). This
change removes repair criteria from the OTSG Program that were approved
by previous License Amendments for the existing Steam Generators which
are not applicable to the replacement OTSGs. It removes references to
use of repairs and reporting of repair results in other Technical
Specification sections. This change removes inspection requirements
that are designated for specific damage conditions in the existing
OTSGs.
The change also revises the inspection interval for 100%
inspections of OTSG tubes and the maximum interval for inspection of a
single OTSG consistent with Technical Specification Task Force item 449
for the Alloy 690 tube material in the replacement OTSGs. The revised
inspection requirements are based on properties and experience with the
improved Alloy 690 tube material. The revised inspection requirements
will result in the same outcome that OTSG tube integrity will continue
to be maintained.
This change continues to implement steam generator performance
criteria for tube structural integrity, accident induced leakage, and
operational leakage for the replacement OTSGs. Meeting the performance
criteria provides reasonable assurance that the replacement OTSG tubing
will remain capable of fulfilling its specific safety function of
maintaining reactor coolant pressure boundary integrity throughout each
operating cycle and in the unlikely event of a design basis accident.
The performance criteria are only a part of the OTSG program required
by the existing ITS [Improved Technical Specification]. The program,
defined by NEI [Nuclear Energy Institute] 97-06, Steam Generator
Program Guidelines, includes a framework that incorporates a balance of
prevention, inspection, evaluation, repair, and leakage monitoring.
These features will continue to be implemented as they are currently
approved. The proposed changes do not, therefore, significantly
increase the probability of an accident previously evaluated.
The consequences of design basis accidents are, in part, functions
of the DOSE EQUIVALENT I-131 in the primary coolant and the primary to
secondary LEAKAGE rates resulting from an accident. Therefore, limits
are included in the plant technical specifications for operational
leakage and for DOSE EQUIVALENT I-131 in the primary coolant to ensure
the plant is operated within its analyzed condition. The analysis of
the limiting design basis accident assumes that the primary to
secondary leak rate, after the accident, is 1 gallon per minute with no
more than 150 gallons per day in any one SG [steam generator], and that
the reactor coolant activity levels of DOSE EQUIVALENT I-131 are at the
TS [technical specification] values before the accident. The proposed
change to the OTSG inspection program does not affect the design of the
OTSGs, their method of operation, operational leakage limits, or
primary coolant chemistry controls. The proposed change does not
adversely impact any other previously evaluated design basis accident.
In addition, the proposed changes do not affect the consequences of a
Main Steam Line Break, rod ejection, or a reactor coolant pump locked
rotor event, or other previously evaluated accident. Therefore, the
proposed change does not affect the consequences of a Steam Generator
Tube Rupture accident and the probability of such an accident is
unchanged.
2. The Proposed Change Does Not Create the Possibility of a New or
Different Kind of Accident from any Previously Evaluated.
The proposed license amendment does not affect the design of the
OTSGs, their method of operation, or primary or secondary coolant
chemistry controls. In addition, the proposed amendment does not impact
any other plant system or component. The change modifies existing OTSG
inspection requirements for 100% inspection intervals, but establishes
inspection requirements that are considered equivalent based on
properties and experience with improved materials. Therefore, the
proposed change does not create the possibility of a new or different
type of accident from any accident previously evaluated.
3. The Proposed Change Does Not Involve a Significant Reduction in
the Margin of Safety.
The steam generator tubes in pressurized water reactors are an
integral part of the reactor coolant pressure boundary and, as such,
are relied upon to maintain the primary system's pressure and
inventory. As part of the reactor coolant pressure boundary, the steam
generator tubes are
[[Page 8285]]
unique in that they are also relied upon as a heat transfer surface
between the primary and secondary systems such that residual heat can
be removed from the primary system. In addition, the steam generator
tubes isolate the radioactive fission products in the primary coolant
from the secondary system. In summary, the safety function of a steam
generator is maintained by ensuring the integrity of its tubes. Steam
generator tube integrity is a function of the design, environment, and
the physical condition of the tube. The proposed change to the OTSG
inspection program does not affect tube design or operating
environment. The existing OTSG Program is maintained in this change.
The repair criteria that are being removed are specific to the existing
OTSGs and are not applicable to the replacement OTSGs. In the case of
the roll repair that is being removed, it potentially leads to
additional cracking over subsequent operating cycles due to tube cold
working during the re-roll. If tube defects are detected that exceed
limits in the new generators, then the tube will be removed from
service. This is considered a more effective means for removing defects
than repairs. For the above reasons, the margin of safety is not
changed and overall plant safety will be enhanced by the proposed
change to the ITS. Based upon the reasoning presented above and the
previous discussion of the amendment request, the requested change does
not involve a significant hazards consideration.
The NRC staff has reviewed the licensee's analysis and, based on
this review it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: David T. Conley, Associate General Counsel
II--Legal Department, Progress Energy Service Company, LLC, Post Office
Box 1551, Raleigh, North Carolina 27602.
NRC Branch Chief: Thomas H. Boyce.
Florida Power Corporation, et al., Docket No. 50-302, Crystal River
Unit 3 Nuclear Generating Plant, Citrus County, Florida
Date of amendment request: November 6, 2008.
Description of amendments request: The proposed change would revise
the Crystal River Unit 3 (CR-3) Improved Technical Specifications
Surveillance Requirements (SRs); SR 3.8.1.2, SR 3.8.1.6, and SR
3.8.1.10 to restrict the voltage and frequency limits for all Emergency
Diesel Generator (EDG) starts. The steady state voltage limits would be
revised to be more restrictive (plus or minus 2 percent of the nominal
voltage) to accurately reflect the appropriate calculation and the way
the plant is operated and tested. The steady state frequency limits
would be revised to be more restrictive (plus or minus 1 percent for
all EDG starts) to ensure compliance with the plant design bases and
the way the plant is operated. These changes would ensure that the EDGs
are capable of supplying power, with the correct voltage and frequency,
to the required electrical loads.
Basis for proposed no significant hazards consideration
determination: 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 not involve a significant increase in the probability or
consequences of an accident previously evaluated.
The LAR [license amendment request] proposes to provide more
restrictive steady state voltage and frequency limits for the Emergency
Diesel Generators (EDGs). The voltage band is going from a range of
greater than or equal to 3933 V [volts] but less than or equal to 4400
V, to greater than or equal to 4077 V but less than or equal to 4243 V.
The proposed limits are +/-2% [percent] around the nominal safety-
related bus voltage of 4160 V. The Frequency Limits are going from a 2%
tolerance band to a 1% tolerance band around the nominal frequency of
60 Hz [hertz] (59.4 Hz to 60.6 Hz) for all starts of the EDGs.
The EDGs are a safety-related system that functions to mitigate the
impact of an accident with a concurrent loss of offsite power. A loss
of offsite power is typically a significant contributor to postulated
plant risk and, as such, onsite AC [alternating current] generators
have to be maintained available and reliable in the event of a loss of
offsite power event. The EDGs are not initiators for any analyzed
accident, therefore; the probability for an accident that was
previously evaluated is not increased by this change. The revised,
voltage and frequency limits will ensure the EDGs will remain capable
of performing their design function.
The consequences of an accident refer to the impact on both plant
personnel and the public from any radiological release associated with
the accident. The EDG supports equipment that is supposed to preclude
any radiological release. More restrictive voltage and frequency limits
for the output of the EDG restores design margin, and provides
assurance that the equipment supplied by the EDG will operate correctly
and within the assumed timeframe to perform their mitigating functions.
Until the proposed CR-3 ITS [Improved Technical Specifications] EDG
voltage and frequency limits are approved by the NRC, administratively
controlled limits have been established in accordance with NRC
Administrative Letter 98-10 to ensure all EDG mitigation functions will
be performed, per design, in the event of a loss of offsite power.
These administrative limits have been determined as acceptable and have
been incorporated into the surveillance test procedures under the
provisions of 10 CFR 50.59. Periodic testing has been performed with
acceptable results. Since EDGs are mitigating components and are not
initiators for any analyzed accident, no increased probability of an
accident can occur. Since administrative limits will ensure the EDGs
will perform as designed, consequences will not be significantly
affected.
2. Does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Administrative voltage limits were established using verified
design calculations and the guidance of NRC Administrative Letter 98-
10. These administrative limits will ensure the EDGs will perform as
designed. No new configuration is established by this change. The
administrative limits for the EDG frequency were determined to be
sufficient to account for measurement and other uncertainties.
The proposed amendment will place the administrative limits into
the CR-3 ITS. The more restrictive voltage and frequency limits will
provide additional assurance that the EDG can provide the necessary
power to supply the required safety-related loads during an analyzed
accident.
The proposed ITS voltage and frequency limits restore the EDG
capability to those analyzed by engineering calculation. No new
configuration is established. Therefore, no new or different kind of
accident from any previously evaluated can be created.
3. Does not involve a significant reduction in a margin of safety.
The LAR proposes to provide more restrictive steady state voltage
and frequency limits for the EDGs. The change in the acceptance
criteria for specific surveillance testing provides assurance that the
EDGs will be capable of performing their design function. Previous test
history has shown that the new limits are well within the
[[Page 8286]]
capability of the EDGs and are repeatable. The ``as-left'' settings for
voltage and frequency will be adjusted such that they remain within a
tight band and this ensures that the ``as-found'' settings will be in
an acceptable tolerance band.
The proposed ITS limits on voltage and frequency will ensure that
the EDG will be able to perform all design functions assumed in the
accident analyses. Administrative limits are in place to ensure these
parameters remain within analyzed limits. As such, the proposed change
does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: David T. Conley, Associate General Counsel
II--Legal Department, Progress Energy Service Company, LLC, Post Office
Box 1551, Raleigh, NC 27602.
NRC Branch Chief: Thomas H. Boyce.
Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Plant, Units 3 and 4, Miami-Dade County, Florida
Date of amendment request: September 26, 2008.
Description of amendment request: The amendments would revise the
Technical Specifications to adopt Nuclear Regulatory Commission (NRC)-
approved Revision 3 to Technical Specification Task Force (TSTF)
Improved Standard Technical Specification Change Traveler, TSTF-448,
``Control Room Envelope Habitability.'' The proposed amendments include
changes to the TS requirements related to control room envelope (CRE)
habitability in TS 3/4.7.5, ``Control Room Emergency Ventilation System
(CREVS),'' and TS Section 6.8, ``Administrative Controls--Procedures
and Programs.'' In addition, the improvements to TSTF-448, Revision 3
as recommended in TSTF-508, Revision 0, ``Revise Control Room Envelope
Habitability Actions to Address Lessons Learned from TSTF-448
Implementation,'' have been incorporated as appropriate.
The NRC staff published a notice of opportunity for comment in the
Federal Register on October 17, 2006 (71 FR 61075), on possible
amendments adopting TSTF-448, including a model safety evaluation and
model no significant hazards consideration (NSHC) determination, using
the consolidated line-item improvement process. The NRC staff
subsequently issued a notice of availability of the models for
referencing in license amendment applications in the Federal Register
on January 17, 2007 (72 FR 2022). The licensee affirmed the
applicability of the following NSHC determination in its application
dated September 26, 2008.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), an analysis of the issue
of no significant hazards consideration is presented below:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change does not adversely affect accident
initiators or precursors nor alter the design assumptions,
conditions, or configuration of the facility. The proposed change
does not alter or prevent the ability of structures, systems, and
components (SSCs) to perform their intended function to mitigate the
consequences of an initiating event within the assumed acceptance
limits. The proposed change revises the TS for the CRE emergency
ventilation system, which is a mitigation system designed to
minimize unfiltered air leakage into the CRE and to filter the CRE
atmosphere to protect the CRE occupants in the event of accidents
previously analyzed. An important part of the CRE emergency
ventilation system is the CRE boundary. The CRE emergency
ventilation system is not an initiator or precursor to any accident
previously evaluated.
Therefore, the probability of any accident previously evaluated
is not increased. Performing tests to verify the operability of the
CRE boundary and implementing a program to assess and maintain CRE
habitability ensure that the CRE emergency ventilation system is
capable of adequately mitigating radiological consequences to CRE
occupants during accident conditions, and that the CRE emergency
ventilation system will perform as assumed in the consequence
analyses of design basis accidents. Thus, the consequences of any
accident previously evaluated are not increased. Therefore, the
proposed change does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident from any Accident Previously
Evaluated
The proposed change does not impact the accident analysis. The
proposed change does not alter the required mitigation capability of
the CRE emergency ventilation system, or its functioning during
accident conditions as assumed in the licensing basis analyses of
design basis accident radiological consequences to CRE occupants. No
new or different accidents result from performing the new
surveillance or following the new program. The proposed change does
not involve a physical alteration of the plant (i.e., no new or
different type of equipment will be installed) or a significant
change in the methods governing normal plant operation. The proposed
change does not alter any safety analysis assumptions and is
consistent with current plant operating practice. Therefore, this
change does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety
The proposed change does not alter the manner in which safety
limits, limiting safety system settings or limiting conditions for
operation are determined. The proposed change does not affect safety
analysis acceptance criteria. The proposed change will not result in
plant operation in a configuration outside the design basis for an
unacceptable period of time without compensatory measures. The
proposed change does not adversely affect systems that respond to
safely shut down the plant and to maintain the plant in a safe
shutdown condition. Therefore, the proposed change does not involve
a significant reduction in a margin of safety.
The NRC staff proposes to determine that the amendment request
involves no significant hazards consideration.
Attorney for licensee: M.S. Ross, Attorney, Florida Power & Light,
P.O. Box 14000, Juno Beach, Florida 33408-0420.
NRC Branch Chief: Thomas H. Boyce.
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Salem County, New Jersey
Date of amendment request: January 5, 2009.
Description of amendment request: The proposed amendment would
modify Technical Specifications (TS) requirements for mode change
limitations in accordance with Revision 9 of Nuclear Regulatory
Commission (NRC)-approved TS Task Force (TSTF) change TSTF-359,
``Increase Flexibility in Mode Restraints.''
In a Federal Register notice dated August 2, 2002 (67 FR 50475),
the NRC staff issued a notice of opportunity to comment on a model
safety evaluation and model no significant hazards consideration (NSHC)
determination for proposed license amendments adopting TSTF-359 using
the consolidated line item improvement process (CLIIP).
In a Federal Register notice dated April 4, 2003 (68 FR 16579), the
NRC staff issued a notice of availability of a model application for
proposed license amendments adopting TSTF-359 using the CLIIP. The
notice also included a revised model safety evaluation and a
[[Page 8287]]
model NSHC determination. In its application dated January 5, 2009, the
licensee affirmed the applicability of the model NSHC determination
which is presented below.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), an analysis of the issue
of NSHC is presented below:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change allows entry into a mode or other specified
condition in the applicability of a TS, while in a TS condition
statement and the associated required actions of the TS. Being in a
TS condition and the associated required actions is not an initiator
of any accident previously evaluated. Therefore, the probability of
an accident previously evaluated is not significantly increased. The
consequences of an accident while relying on required actions as
allowed by proposed LCO [Limiting Condition for Operation] 3.0.4,
are no different than the consequences of an accident while entering
and relying on the required actions while starting in a condition of
applicability of the TS. Therefore, the consequences of an accident
previously evaluated are not significantly affected by this change.
The addition of a requirement to assess and manage the risk
introduced by this change will further minimize possible concerns.
Therefore, this change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Previously Evaluated
The proposed change does not involve the physical alteration of
the plant (no new or different type of equipment will be installed).
Entering into a mode or other specified condition in the
applicability of a TS, while in a TS condition statement and the
associated required actions of the TS, will not introduce new
failure modes or effects and will not, in the absence of other
unrelated failures, lead to an accident whose consequences exceed
the consequences of accidents previously evaluated. The addition of
a requirement to assess and manage the risk introduced by this
change will further minimize possible concerns. Thus, this change
does not create the possibility of a new or different kind of
accident from an accident previously evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety.
The proposed change allows entry into a mode or other specified
condition in the applicability of a TS, while in a TS condition
statement and the associated required actions of the TS. The TS
allow operation of the plant without the full complement of
equipment through the conditions for not meeting the TS Limiting
Conditions for Operation (LCO). The risk associated with this
allowance is managed by the imposition of required actions that must
be performed within the prescribed completion times. The net effect
of being in a TS condition on the margin of safety is not considered
significant. The proposed change does not alter the required actions
or completion times of the TS. The proposed change allows TS
conditions to be entered, and the associated required actions and
completion times to be used in new circumstances. This use is
predicated upon the licensee's performance of a risk assessment and
the management of plant risk. The change also eliminates current
allowances for utilizing required actions and completion times in
similar circumstances, without assessing and managing risk. The new
change to the margin of safety is insignificant. Therefore, this
change does not involve a significant reduction in a margin of
safety.
Based upon the reasoning presented above it appears that the three
standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff
proposes to determine that the amendment request involves no
significant hazards consideration.
Attorney for licensee: Jeffrie J. Keenan, Esquire, Nuclear Business
Unit--N21, P.O. Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K. Chernoff.
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Salem County, New Jersey
PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear
Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey
Date of amendment request: January 5, 2009.
Description of amendment request: The proposed amendments would
delete Section 2.F of the Facility Operating License (FOL) for Hope
Creek Generating Station (Hope Creek) and Section 2.I of the FOL for
Salem Nuclear Generating Station (Salem) Unit No. 2. The FOL sections
being deleted require reporting of violations of the requirements in
Section 2.C of the respective FOLs. The proposed amendments would also
delete Technical Specification (TS) 6.9.3 for Hope Creek, Salem Unit
No. 1 and Salem Unit No. 2. These TSs contain a reporting requirement
that is duplicative of Nuclear Regulatory Commission (NRC) regulations.
The NRC staff issued a ``Notice of Opportunity to Comment on Model
Safety Evaluation on Elimination of Typical License Condition Requiring
Reporting of Violations of Section 2.C of Operating Licensing Using the
Consolidated Line Item Improvement Process,'' in the Federal Register
on August 29, 2005 (70 FR 51098). The notice included a model safety
evaluation (SE) and a model no significant hazards consideration (NSHC)
determination. On November 4, 2005, the NRC staff issued a notice in
the Federal Register (70 FR 67202) announcing that the model SE and
model NSHC determination may be referenced in plant-specific
applications to adopt the changes. In its application dated January 5,
2009, the licensee affirmed the applicability of the model NSHC
determination which is presented below.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), an analysis of the issue
of NSHC is presented below:
1. Does the change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed change involves the deletion of a reporting
requirement. The change does not affect plant equipment or operating
practices and therefore does not significantly increase the probability
or consequences of an accident previously evaluated.
2. Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated?
Response: No.
The proposed change is administrative in that it deletes a
reporting requirement. The change does not add new plant equipment,
change existing plant equipment, or affect the operating practices of
the facility. Therefore, the change does not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change deletes a reporting requirement. The change
does not affect plant equipment or operating practices and therefore
does not involve a significant reduction in a margin of safety.
Based on the above, the NRC staff proposes that the change presents
no significant hazards consideration under the standards set forth in
10 CFR 50.92(c).
Attorney for licensee: Jeffrie J. Keenan, Esquire, Nuclear Business
Unit-N21, P.O. Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K. Chernoff.
[[Page 8288]]
Tennessee Valley Authority, Docket Nos. 50-259, 50-260 and 50-296,
Browns Ferry Nuclear Plant (BFN), Units 1, 2 and 3, Limestone County,
Alabama
Date of amendment request: October 30 and November 20, 2008 (TS-
463-T).
Description of amendment request: The BFN requests adoption of an
approved change to the Standard Technical Specifications (TSs) for
General Electric Plants (NUREG-1433, BWR/4) and plant-specific TSs,
that allows: (1) Revising the frequency of Surveillance Requirement
(SR) 3.1.3.2, notch testing of fully withdrawn control rod, from ``7
days after the control rod is withdrawn and THERMAL POWER is greater
than the low-power set point (LPSP) of rod worth minimizer (RWM)'' to
``31 days after the control rod is withdrawn and THERMAL POWER is
greater than the LPSP of the RWM,'' (2) adding the word ``fully'' to
Limiting Condition for Operation LCO 3.3.1.2, Required Action E.2 to
clarify the requirement to fully insert all insertable control rods in
core cells containing one or more fuel assemblies when the associated
source range monitor instrument is inoperable, and (3) revising Example
1.4-3 in Section 1.4 ``Frequency'' to clarify that the 1.25
surveillance test interval extension in SR 3.0.2 is applicable to time
periods discussed in NOTES in the ``SURVEILLANCE'' column in addition
to the time periods in the ``FREQUENCY'' column.
Basis for proposed no significant hazards consideration
determination: 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
This change does not affect either the design or operation of the
Control Rod Drive Mechanism (CRDM). The affected surveillance and
Required Action is not considered to be an initiator of any analyzed
event. Revising the frequency for notch testing fully withdrawn control
rods will not affect the ability of the control rods to shutdown the
reactor if required. Given the extremely reliable nature of the CRDM,
as demonstrated through industry operating experience, the proposed
monthly notch testing of all withdrawn control rods continues to
provide a high level of confidence in control rod operability. Hence,
the overall intent of the notch testing surveillances, which is to
detect either random stuck control rods or identify generic concerns
affecting control rod operability, is not significantly affected by the
proposed change. Requiring control rods to be fully inserted when the
associated SRM is inoperable is consistent with other similar
requirements and will increase the shutdown margin. The clarification
of Example 1.4-3 in Section 1.4 ``Frequency'' is an editorial change
made to provide consistency with other TSTF-475, Rev. 1 discussions in
Section 1.4. Therefore, the proposed changes do not involve a
significant increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No
Revising the frequency for notch testing fully withdrawn control
rods does not involve physical modification to the plant and does not
introduce a new mode of operation. Requiring control rods to be fully
inserted will make this action consistent with other similar actions.
The clarification of Example 1.4-3 in Section 1.4 ``Frequency'' is an
editorial change made to provide consistency with other discussions in
Section 1.4. Therefore, the proposed changes do not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No
The CRDs and CRDMs are extremely reliable systems and, as such,
reducing the number of control rod notch tests will not significantly
impact the likelihood of detecting a stuck control rod. If a stuck
control rod is detected, existing action requirements will ensure
prompt action is taken to ensure there is not a generic problem. Other
surveillances are routinely performed to ensure that the performance of
the control rods in the event of a DBA [design-basis accident] or
transient meets the assumptions used in the safety analyses. As such,
potential effects of reducing the number of notch tests are far
outweighed by the benefit of reducing undue burden on reactor operators
and reducing the potential for mispositioning events which accompanies
any control rod manipulation. Requiring control rods to be fully
inserted instead of partially inserted when the associated SRM is
inoperable will increase the margin of safety. The clarification of
Example 1.4-3 in Section 1.4 ``Frequency'' is an editorial change made
to provide consistency with other discussions in Section 1.4.
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.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
NRC Branch Chief: Thomas H. Boyce.
Previously Published Notices of Consideration of Issuance of Amendments
to Facility Operating Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The following notices were previously published as separate
individual notices. The notice content was the same as above. They were
published as individual notices either because time did not allow the
Commission to wait for this biweekly notice or because the action
involved exigent circumstances. They are repeated here because the
biweekly notice lists all amendments issued or proposed to be issued
involving no significant hazards consideration.
For details, see the individual notice in the Federal Register on
the day and page cited. This notice does not extend the notice period
of the original notice.
Duke Power Company LLC, Docket Nos. 50-414, Catawba Nuclear Station,
Unit 2, York County, South Carolina
Date of application for amendments: January 20, 2009.
Brief description of amendments: The proposed amendment would allow
a one-time limited duration extension of the Technical Specification
(TS) Surveillance (SR) 3.3.1.4 frequency. SR 3.3.1.4 is a Trip
Actuating Device Operational Test (TADOT) of the reactor trip breakers
(RTBs) and reactor trip bypass breakers.
Date of publication of individual notice in Federal Register:
January 28, 2009 (74 FR 4986).
Expiration date of individual notice: 30 days February 27, 2009; 60
days March 30, 2009.
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Notice of Issuance of Amendments to Facility Operating Licenses
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended (the Act), and the Commission's rules and regulations. The
Commission has made appropriate findings as required by the Act and the
Commission's rules and regulations in 10 CFR Chapter I, which are set
forth in the license amendment.
Notice of Consideration of Issuance of Amendment to Facility
Operating License, Proposed No Significant Hazards Consideration
Determination, and Opportunity for A Hearing in connection with these
actions was published in the Federal Register as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.22(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see (1) the
applications for amendment, (2) the amendment, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment as
indicated. All of these items are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area 01F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible from
the Agencywide Documents Access and Management Systems (ADAMS) Public
Electronic Reading Room on the internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr@nrc.gov.
Carolina Power & Light Company, et. al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North
Carolina
Date of application for amendment: January 4, 2008.
Brief description of amendment: The amendment establishes more
effective and appropriate action, surveillance, and administrative
requirements related to ensuring the habitability of the control room
envelope in accordance with the NRC-approved Technical Specification
Task Force (TSTF) Standard Technical Specification change traveler
TSTF-448, Revision 3, ``Control Room Habitability.'' This technical
specification improvement was initially made available in the Federal
Registerby the NRC on January 17, 2007 (72 FR 2022).
Date of issuance: January 29, 2009.
Effective date: Effective as of the date of issuance and shall be
implemented within 180 days.
Amendment No: 128.
Renewed Facility Operating License No. NPF-63: The amendment
revises the Technical Specifications and Facility Operating License.
Date of initial notice in Federal Register: May 20, 2008 (73 FR
29161).
The Commission's related evaluation of the amendment is contained
in a safety evaluation dated January 29, 2009.
No significant hazards consideration comments received: No.
Carolina Power & Light Company, et. al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North
Carolina
Date of application for amendment: April 3, 2008, as supplemented
by letters dated December 9, 2008, and January 9, 2009.
Brief description of amendment: The amendment revises Technical
Specification Section 5.6.3.b to allow a reconfiguration of the fuel
racks in Spent Fuel Pool (SFP) C and allow the use of Metamic as an
alternate neutron poison material in the new storage racks for SFP C
and D. The amendment: (1) Revises the rack configuration in SFP C to
allow the substitution of four previously approved (13 x 13 cell)
Boiling Water Reactor racks with an equal number of (9 x 9 cell)
Pressurized Water Reactor racks, and (2) authorizes the use of Metamic
as an alternate spent fuel rack poison material.
Date of issuance: January 29, 2009.
Effective date: Effective as of the date of issuance and shall be
implemented within 60 days.
Amendment No: 129.
Renewed Facility Operating License No. NPF-63: The amendment
revises the Technical Specifications and Facility Operating License.
Date of initial notice in Federal Register: June 10, 2008 (73 FR
32744). The supplemental letters provided clarifying information that
was within the scope of the initial notice and did not change the
initial proposed no significant hazards consideration determination.
The Commission's related evaluation of the amendment is contained
in a safety evaluation dated January 29, 2009.
No significant hazards consideration comments received: No.
Duke Power Company LLC, Docket Nos. 50-369 and 50-370, McGuire Nuclear
Station, Units 1 and 2, Mecklenburg County, North Carolina
Date of application for amendments: January 22, 2008.
Brief description of amendments: The amendments revised the
Technical Specifications (TSs) requirements related to control room
envelope habitability in accordance with TS Task Force (TSTF) traveler
TSTF-448, ``Control Room Habitability,'' Revision 3. This TS
improvement was made available by the Commission on January 17, 2007
(72 FR 2022) as part of the consolidated line item improvement process
(CLIIP).
Date of issuance: January 30, 2009.
Effective date: As of the date of issuance and shall be implemented
within 60 days from the date of issuance.
Amendment Nos.: 249 and 229.
Renewed Facility Operating License Nos. NPF-9 and NPF-17:
Amendments revised the licenses and the technical specifications.
Date of initial notice in Federal Register: March 25, 2008 (73 FR
15784).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 30, 2009.
No significant hazards consideration comments received: No
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations,
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon,
Vermont
Date of application for amendment: September 22, 2008.
Brief description of amendment: The amendment revised the Technical
Specification (TS) to change requirements related to Battery Systems
specified in TS Section 3.10 resulting in
[[Page 8290]]
removing the Limiting Condition for Operation pertaining to 345 kV
switchyard batteries, chargers and associated direct current
distribution panel.
Date of Issuance: February 11, 2009.
Effective date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 234.
Facility Operating License No. DPR-28: Amendment revised the
License and Technical Specifications.
Date of initial notice in Federal Register: November 18, 2008 (73
FR 68454).
The Commission's related evaluation of t