Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 12390-12399 [E9-6112]
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NATIONAL SCIENCE FOUNDATION
Advisory Committee for Mathematical
and Physical Sciences; Notice of
Meeting
In accordance with Federal Advisory
Committee Act (Pub. L. 92–463, as
amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for
Mathematical and Physical Sciences (#66).
Date/Time:April 2, 2009 8:30 a.m.–6 p.m.
April 3, 2009 8:30 a.m.–3 p.m.
Place: National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230,
Room 1235.
Type of Meeting: OPEN.
Contact Person: Dr. Morris L. Aizenman,
Senior Science Associate, Directorate for
Mathematical and Physical Sciences, Room
1005, National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
(703) 292–8807.
Purpose of Meeting: To provide advice and
recommendations concerning NSF science
and education activities within the
Directorate for Mathematical and Physical
Sciences.
Agenda: Update on current status of
Directorate. Report of Division of Physics
Committee of Visitors. Meeting of MPSAC
with Divisions within MPS Directorate.
Discussion of MPS Future Activities.
Summary Minutes: May be obtained from
the contact person listed above.
Dated: March 18, 2009.
Susanne E. Bolton,
Committee Management Officer.
[FR Doc. E9–6316 Filed 3–23–09; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0131]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
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I. Background
Pursuant to section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
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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 February 26,
2009, through March 11, 2009. The last
biweekly notice was published on
March 10, 2009 (74 FR 10305).
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 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,
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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
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
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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.
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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 NRCissued 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
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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
help 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
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balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings, 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.resource@nrc.gov.
Entergy Gulf States Louisiana, LLC, and
Entergy Operations, Inc., Docket No. 50–
458, River Bend Station, Unit 1, West
Feliciana Parish, Louisiana
Date of Amendment Request: January
21, 2009, as supplemented on January
23, 2009.
Description of Amendment Request:
The proposed changes to the Technical
Specifications (TSs) adopt NRCapproved TS Task Force (TSTF) traveler
TSTF 163, ‘‘Minimum vs. Steady-State
Voltage and Frequency,’’ TSTF–222,
‘‘Control Rod Scram Time Testing,’’
TSTF–230, ‘‘Residual Heat Removal
Suppression Pool Cooling Limiting
Condition for Operation [LCO],’’ and
TSTF–306, ‘‘LCO Action Note to Allow
Unisolation of Penetration Flow
Path(s),’’ and make two minor
administrative corrections.
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
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consideration for TSTF–230, which is
presented below:
minor administrative corrections, 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 change relaxes the Required
Actions of LCO [limiting condition for
operation] 3.6.2.3 by allowing 8 hours to
restore one RHR [residual heat removal]
suppression pool cooling subsystem to
OPERABLE status when both subsystems
have been determined to be inoperable.
Required Actions and their associated
Completion Times are not initiating
conditions for any accident previously
evaluated. The proposed 8 hour Completion
Time provides some time to restore required
subsystem(s) to OPERABLE status, yet is
short enough that operating an additional 8
hours is not a significant risk. The Required
Actions in the proposed change have been
developed to provide assurance that
appropriate remedial actions are taken in
response to the degraded condition,
considering the operability status of the RHR
Suppression Pool Cooling System and the
capability of minimizing the risk associated
with continued operation. As a result, neither
the probability nor the consequences of any
accident previously evaluated are
significantly increased. Therefore, this
change 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.
The proposed change does not involve a
physical modification or alteration of plant
equipment (no new or different type of
equipment will be installed) or a change in
the methods governing normal plant
operation. The Required Actions and
associated Completion Times in the proposed
change have been evaluated to ensure that no
new accident initiators are introduced. Thus,
this 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 relaxed Required Actions do not
involve a significant reduction in a margin of
safety. The proposed change has been
evaluated to minimize the risk of continued
operation with both RHR suppression pool
cooling subsystems inoperable. The
operability status of the RHR Suppression
Pool Cooling System, a reasonable time for
repair or replacement of required features,
and the low probability of a design basis
accident occurring during the repair period
have been considered in the evaluation.
Therefore, this change does not involve a
significant reduction in a margin of safety.
1. Does the Proposed Change Involve a
Significant Increase in the Probability or
Consequences of an Accident Previously
Evaluated?
Response: No.
The minor administrative changes which,
(1) corrects Action Statement 3.7.2.F, and (2)
changes a reference number from ‘‘ANSI
N510–1989’’ to ‘‘ASME N510–1989,’’ has no
impact on any structure, system, component,
program, or analysis.
The adoption of TSTF–163 does not
change the manner in which the EDGs
[emergency diesel generators] are operated
and, when implemented, will continue to
ensure the EDGs perform their function when
called upon. The proposed revision to the TS
SRs [surveillance requirements] will
continue to ensure that minimum frequency
and voltage are attained within the required
time. The SRs will continue to ensure that
proper steady state voltage and frequency are
attained consistent with proper EDG
governor and voltage regulator performance.
Therefore, the probability or consequences of
previously evaluated accidents are not
significantly increased.
The proposed change to adopt TSTF–222
is an administrative clarification of existing
Technical Specification requirements
regarding scram time testing requirements for
control rods. It consists of administrative
changes that involve wording changes that
clarify requirements without changing the
original intent. As such, these types of
changes do not affect initiators of analyzed
events and do not affect the mitigation of any
accidents or transients.
The proposed change to adopt TSTF–306
allows primary containment and drywell
isolation valves to be unisolated under
administrative controls when the associated
isolation instrumentation is not operable.
The isolation function is an accident
mitigating function and is not an initiator of
an accident previously evaluated.
Administrative controls are required to be in
effect when the valves are unisolated so that
the penetration can be rapidly isolated when
the need is indicated. Therefore, the
probability or consequences of previously
evaluated accidents are not significantly
increased.
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.
The minor administrative changes which,
(1) corrects Action Statement 3.7.2.F, and (2)
changes a reference number from ‘‘ANSI
N510–1989’’ to ‘‘ASME N510–1989,’’ has no
impact on any structure, system, component,
program, or analysis.
The proposed changes do not involve a
physical alteration of the plant (no new or
different type of equipment will be installed),
do not change the design function of any
equipment, and do not change the methods
of normal plant operation. Accordingly, the
The licensee has also provided its
analysis of the issue of no significant
hazards consideration for TSTFs-163,
222, and 306, and the proposed two
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proposed changes do not create any new
credible failure mechanisms, malfunctions,
or accident initiators not previously
considered in the RBS [River Bend Station]
design and licensing basis.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the Proposed Change Involve a
Significant Reduction in a Margin of Safety?
Response: No.
The minor administrative changes which,
(1) corrects Action Statement 3.7.2.F, and (2)
changes a reference number from ‘‘ANSI
N510–1989’’ to ‘‘ASME N510–1989,’’ has no
impact on any structure, system, component,
program, or analysis.
Adoption of TSTF–163 does not impact
EDG performance, including the capability
for each EDG to attain and maintain required
voltage and frequency for accepting and
supporting plant safety loads within the
required time, as assumed in the plant safety
analysis. The proposed change does not
involve a significant reduction in a margin of
safety since the operability of the EDGs
continues to be determined as required to
support the capability of the EDGs to provide
emergency power to plant equipment that
mitigate the consequences of an accident.
The proposed change associated with
TSTF–222 involves an administrative
clarification to better delineate the
requirements for scram time testing control
rods following refueling outages and for
control rods requiring testing due to work
activities. As such, the proposed change does
not involve a significant reduction in the
margin of safety.
The change to allow containment and
drywell isolation valves to be unisolated
under administrative control (TSTF–306)
does not reduce any margins to safety
because the proposed allowance for the
supporting isolation instrumentation is no
less restrictive than the allowance for the
equipment it supports. When the valves are
unisolated, the design basis function of
containment isolation is maintained by
administrative controls. The proposed
changes have no affect on any safety analysis
assumptions or methods of performing safety
analyses. The changes do not adversely affect
system operability or design requirements
and the equipment continues to be tested in
a manner and at a frequency necessary to
provide confidence that the equipment can
perform its intended safety functions.
Therefore, 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: Terence A.
Burke, Associate General Counsel—
Nuclear Entergy Services, Inc., 1340
Echelon Parkway, Jackson, Mississippi
39213.
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NRC Branch Chief: Michael T.
Markley.
Florida Power and Light Company, et
al., Docket Nos. 50–335 and 50–389, St.
Lucie Nuclear Plant, Unit Nos. 1 and 2,
St. Lucie County, Florida
Date of Amendment Request:
February 12, 2009.
Description of Amendment Request:
The proposed amendment would delete
those portions of Technical
Specifications (TS) superseded by Title
10 of the Code of Federal Regulations
(10 CFR), Part 26, Subpart I. This change
is consistent with Nuclear Regulatory
Commission approved Technical
Specification Task Force (TSTF)
Improved Standard Technical
Specification Change Traveler TSTF–
511, ‘‘Revision 0, ‘‘Eliminate Working
Hour Restrictions from TS 5.2.2 to
Support Compliance with 10 CFR Part
26.’’
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 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 removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Removal of the Technical Specification
requirements will be performed concurrently
with the implementation of the 10 CFR Part
26, Subpart I, requirements. The proposed
change does not impact the physical
configuration or function of plant structures,
systems, or components (SSCs) or the manner
in which SSCs are operated, maintained,
modified, tested, or inspected. Worker fatigue
is not an initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence mitigation of
any accident previously evaluated.
Therefore, it is concluded that 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 Accident
Previously Evaluated
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Working hours will continue to be controlled
in accordance with NRC requirements. The
new rule allows for deviations from controls
to mitigate or prevent a condition adverse to
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safety or as necessary to maintain the
security of the facility. This ensures that the
new rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter the
plant configuration, require new plant
equipment to be installed, alter accident
analysis assumptions, add any initiators, or
effect the function of plant systems or the
manner in which systems are operated,
maintained, modified, tested, or inspected.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not
Involve a Significant Reduction in a Margin
of Safety
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to plant or alter the manner
in which plant systems are operated,
maintained, modified, tested, or inspected.
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The safety analysis
acceptance criteria are not affected by this
change. The proposed change will not result
in plant operation in a configuration outside
the design basis. The proposed change does
not adversely affect systems that respond to
safely shutdown the plant and to maintain
the plant in a safe shutdown condition.
Removal of plant-specific Technical
Specification administrative requirements
will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate
to ensure that worker fatigue is managed.
Therefore, 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: M.S. Ross,
Attorney, Florida Power & Light, P.O.
Box 14000, Juno Beach, Florida 33408–
0420.
NRC Branch Chief: Thomas H. Boyce.
FPL Energy Duane Arnold, LLC, Docket
No. 50–331, Duane Arnold Energy
Center, Linn County, Iowa
Date of Amendment Request: January
30, 2009.
Description of Amendment Request:
The proposed amendment would delete
the Duane Arnold Energy Center (DAEC)
E:\FR\FM\24MRN1.SGM
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
Technical Specification (TS) Section
5.2.2.e regarding work hour controls.
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:
mstockstill on PROD1PC66 with NOTICES
Criterion 1: The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Removal of the Technical Specification
requirements will be performed concurrently
with the implementation of the 10 CFR Part
26, Subpart I, requirements. The proposed
change does not impact the physical
configuration or function of plant structures,
systems, or components (SSCs) or the manner
in which SSCs are operated, maintained,
modified, tested, or inspected. Worker fatigue
is not an initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence mitigation of
any accident previously evaluated.
Therefore, it is concluded that 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 Accident
Previously Evaluated
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Working hours will continue to be controlled
in accordance with NRC requirements. The
new rule allows for deviations from controls
to mitigate or prevent a condition adverse to
safety or as necessary to maintain the
security of the facility. This ensures that the
new rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter the
plant configuration, require new plant
equipment to be installed, alter accident
analysis assumptions, add any initiators, or
[a]ffect the function of plant systems or the
manner in which systems are operated,
maintained, modified, tested, or inspected.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not
Involve a Significant Reduction in a Margin
of Safety
The proposed change removes Technical
Specification restrictions on working hours
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01:06 Mar 24, 2009
Jkt 217001
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to the plant or alter the
manner in which plant systems are operated,
maintained, modified, tested, or inspected.
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The safety analysis
acceptance criteria are not affected by this
change. The proposed change will not result
in plant operation in a configuration outside
the design basis. The proposed change does
not adversely affect systems that respond to
safely shutdown the plant and to maintain
the plant in a safe shutdown condition.
Removal of plant-specific Technical
Specification administrative requirements
will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate
to ensure that worker fatigue is managed.
Therefore, 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: Mr. R. E.
Helfrich, Florida Power & Light
Company, P.O. Box 14000, Juno Beach,
FL 33408–0420.
NRC Branch Chief: Lois M. James.
Pacific Gas and Electric Company,
Docket Nos. 50–275 and 50–323, Diablo
Canyon Nuclear Power Plant, Unit Nos.
1 and 2, San Luis Obispo County,
California
Date of Amendment Request:
February 24, 2009.
Description of Amendment Request:
The proposed amendment would revise
the Diablo Canyon Power Plant (DCPP),
Units 1 and 2 Technical Specification
(TS) 3.3.1, ‘‘Reactor Trip System (RTS)
Instrumentation.’’ The amendment will
delete the requirement for the power
range neutron flux rate-high negative
rate trip function as specified in TS
Table 3.3.1–1, ‘‘Reactor Trip System
Instrumentation,’’ as Function 3.b,
‘‘Power Range Neutron Flux Rate-High
Negative Rate.’’
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?
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
Response: No.
The removal of the power range neutron
flux rate-high negative rate trip function from
the DCPP TS does not increase the
probability or consequences of accidents
resulting from dropped RCCA [rod cluster
control assembly] events previously
analyzed. The safety functions of other
safety-related systems and components,
which are related to mitigation of these
events, have not been altered. All other
reactor trip system protection functions are
not impacted by the deletion of the trip
function. The dropped RCCA accident
analysis does not rely on the negative flux
rate trip to safely shut down the plant. The
safety analysis of the plant is unaffected by
the proposed change. Since the safety
analysis is unaffected, the calculated
radiological releases associated with the
analysis are not affected.
Therefore, the proposed change 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 Accident
from Any Accident Previously Evaluated?
Response: No.
The proposed change does not adversely
alter the design assumptions, conditions, or
configuration of the facility or the manner in
which the plant is operated. No new accident
scenarios, failure mechanisms, or limiting
single failures are introduced as a result of
the proposed change. The proposed change
does not challenge the performance or
integrity of any safety-related systems or
components. NRC-approved Westinghouse
Topical Report WCAP–11394–P–A,
‘‘Methodology for the Analysis of the
Dropped Rod Event,’’ dated January 1990,
has demonstrated that the negative flux rate
trip function can be deleted.
Therefore, the proposed change does not
create the possibility of a new or different
accident from any accident previously
evaluated.
3. Does the Proposed Change Involve a
Significant Reduction in a Margin of Safety?
Response: No.
The margin of safety associated with the
acceptance criteria of any accident is
unchanged. It has been demonstrated that the
negative flux rate trip function can be deleted
by the NRC-approved methodology described
in WCAP–11394–P–A. DCPP cycle-specific
analyses have confirmed that for dropped
RCCA events, limits on DNB [departure from
nucleate boiling] are not exceeded by
deleting the negative flux rate trip. The
proposed change will have no effect on the
availability, operability, or performance of
safety-related systems and components.
Therefore, 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 requests involve no
significant hazards consideration.
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Attorney for Licensee: Jennifer Post,
Esq., Pacific Gas and Electric Company,
P.O. Box 7442, San Francisco, California
94120.
NRC Branch Chief: Michael T.
Markley.
mstockstill on PROD1PC66 with NOTICES
South Carolina Electric & Gas Company,
South Carolina Public Service
Authority, Docket No. 50–395, Virgil C.
Summer Nuclear Station, Unit No. 1,
Fairfield County, South Carolina
Date of Amendment Request:
February 17, 2009.
Description of Amendment Request:
The licensee proposes to amend the
operating license for Virgil C. Summer
Nuclear Station, by revising the
technical specifications (TS) and
incorporating an alternative source term
(AST) methodology into the facility’s
licensing basis. The proposed license
amendment involves a full
implementation of an AST methodology
by revising the current accident source
term and replacing it with an AST, as
prescribed in 10 CFR 50.67.
AST analyses were performed using
the guidance provided by Regulatory
Guide (RG) 1.183, ‘‘Alternative Source
Terms for Evaluating Design Basis
Accidents at Nuclear Power Reactors,’’
dated July 2000, and Standard Review
Plan (SRP) Section 15.0.1, ‘‘Radiological
Consequences Analyses Using
Alternative Source Terms.’’ TS changes
are also proposed to implement
Technical Specifications Task Force
Traveler 51, Revision 2, which permits
removal of the TS requirements for
engineered safety features to be operable
after sufficient radioactive decay has
occurred to ensure off-site doses remain
below the SRP limits. Other TS
revisions reflect the update of the
accident source term and associated
design basis accidents utilizing the
guidance provided in RG 1.183 and the
associated control room and offsite dose
requirements of 10 CFR 50.67. The AST
analyses are based on new control room
habitability atmospheric dispersion
coefficients based on site specific
meteorological data in accordance with
RG 1.194.
Basis for Proposed No Significant
Hazards Consideration Determination:
As required by10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1.0 Does the Proposed Change Involve a
Significant Increase in the Probability of
Occurrence or Consequences of an Accident
Previously Evaluated?
Response: No.
Adoptions of the AST and pursuant TS
changes and the changes to the atmospheric
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01:06 Mar 24, 2009
Jkt 217001
dispersion factors have no impact to the
initiation of DBAs. Once the occurrence of an
accident has been postulated, the new
accident source term and atmospheric
dispersion factors are an input to analyses
that evaluate the radiological consequences.
Some of the proposed changes do affect the
design or manner in which the facility is
operated following an accident; however, the
proposed changes do not involve a revision
to the design or manner in which the facility
is operated that could increase the
probability of an accident previously
evaluated in Chapter 15 of the FSAR.
Therefore, the proposed change does not
involve an increase in the probability of an
accident previously evaluated.
The structures, systems and components
affected by the proposed changes act as
mitigators to the consequences of accidents.
Based on the AST analyses, the proposed
changes do revise certain performance
requirements; however, the proposed
changes do not involve a revision to the
parameters or conditions that could
contribute to the initiation of an accident
previously discussed in Chapter 15 of the
FSAR.
Plant-specific radiological analyses have
been performed using the AST methodology
and new atmospheric dispersion factors.
Based on the results of these analyses, it has
been demonstrated that the CRHE dose
consequences of the limiting events
considered in the analyses meet the
regulatory guidance provided for use with
the AST, and the offsite doses are within
acceptable limits. This guidance is presented
in 10 CFR 50.67, RG 1.183, and Standard
Review Plan Section (SRP) 15.0.1.
Therefore, the proposed amendment does
not result in a significant increase in the
consequences of any previously evaluated
accident.
2.0 Does the Proposed Change Create the
Possibility of a New or Different Kind of
Accident From Any Accident Previously
Evaluated?
Response: No.
Implementation of AST and the associated
proposed TS changes and new atmospheric
dispersion factors do not alter or involve any
design basis accident initiators. With the
exception of the fuel handling accident, these
changes do not affect the design function or
mode of operations of structures, systems and
components in the facility prior to a
postulated accident. Since structures,
systems and components are operated
essentially no differently after the AST
implementation, no new failure modes are
created by this proposed change. The
alternative source term change itself does not
have the capability to initiate accidents.
For the fuel handling accident, the
Improved Standard Technical Specifications
Change Traveler (TSTF–51, Revision 2)
permits removal of the Technical
Specification requirements for ESF features
to be operable after sufficient radioactive
decay has occurred to ensure off-site doses
remain below the SRP limits. As noted in this
submittal no credit is taken for the accident
mitigation of the ESF features associated with
the fuel handling accidents to meet these
limits. Since these are not associated with
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
12395
accident initiators the proposed license
amendment will not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
3.0 Does the Proposed Change Involve a
Significant Reduction in a Margin of Safety?
Response: No.
The results of the AST analyses are subject
to the acceptance criteria in 10 CFR 50.67.
The analyzed events have been carefully
selected, and the analyses supporting these
changes have been performed using approved
methodologies to ensure that analyzed events
are bounding and safety margin has not been
reduced. The dose consequences of these
limiting events are within the acceptance
criteria presented in 10 CFR 50.67, RG 1.183,
and SRP 15.0.1. Thus, by meeting the
applicable regulatory limits for AST, there is
no significant reduction in a margin of safety.
New Control Room atmospheric dispersion
factors (X/Qs) based on site specific
meteorological data, calculated in accordance
with the guidance of RG 1.194, utilizes more
recent data and improved calculational
methodologies.
For the fuel handling accident, the
Improved Standard Technical Specifications
Change Traveler (TSTF–51, Revision 2)
permits removal of the Technical
Specification requirements for ESF features
to be operable after sufficient radioactive
decay has occurred to ensure off-site doses
remain below the SRP limits. Following
sufficient decay, the primary success paths
for mitigating the fuel handling accident no
longer includes the functioning of the active
containment or fuel handling building
systems. With the proposed changes, the
OPERABILITY requirements of the Technical
Specifications will reflect that water level
(23′) and decay time (72 hours after
shutdown) are the primary success path for
mitigating a fuel handling accident.
Therefore, because the proposed changes
continue to result in dose consequences
within the applicable regulatory limits, the
changes are considered to not result in 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: J. Hagood
Hamilton, Jr., South Carolina Electric &
Gas Company, Post Office Box 764,
Columbia, South Carolina 29218.
NRC Branch Chief: Melanie C. Wong.
South Carolina Electric & Gas Company,
South Carolina Public Service
Authority, Docket No. 50–395, Virgil C.
Summer Nuclear Station, Unit No. 1,
Fairfield County, South Carolina
Date of Amendment Request: March
2, 2009.
Description of Amendment Request:
The proposed amendment would delete
those portions of technical
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
specifications (TS) superseded by Title
10 of the Code of Federal Regulations
(10 CFR ) Part 26, Subpart I. This change
is consistent with the Nuclear
Regulatory Commission (NRC)-approved
Revision 0 to Technical Specification
Task Force (TSTF) Traveler, TSTF–511,
‘‘Eliminate Working Hour Restrictions
from TS 5.2.2 to Support Compliance
with 10 CFR Part 26.’’ The availability
of this TS improvement was announced
in the Federal Register on December 30,
2008, (73 FR 79923) as part of the
consolidated line item improvement
process.
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:
mstockstill on PROD1PC66 with NOTICES
Criterion 1: The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Removal of the Technical Specification
requirements will be performed concurrently
with the implementation of the 10 CFR Part
26, Subpart I, requirements. The proposed
change does not impact the physical
configuration or function of plant structures,
systems, or components (SSCs) or the manner
in which SSCs are operated, maintained,
modified, tested, or inspected. Worker fatigue
is not an initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence mitigation of
any accident previously evaluated.
Therefore, it is concluded that 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 Accident
Previously Evaluated
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Working hours will continue to be controlled
in accordance with NRC requirements. The
new rule allows for deviations from controls
to mitigate or prevent a condition adverse to
safety or as necessary to maintain the
security of the facility. This ensures that the
new rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter the
plant configuration, require new plant
VerDate Nov<24>2008
01:06 Mar 24, 2009
Jkt 217001
equipment to be installed, alter accident
analysis assumptions, add any initiators, or
affect the function of plant systems or the
manner in which systems are operated,
maintained, modified, tested, or inspected.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not
Involve a Significant Reduction in a Margin
of Safety
The proposed change removes Technical
Specification restrictions on working hours
for personnel who perform safety related
functions. The Technical Specification
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to the plant or alter the
manner in which plant systems are operated,
maintained, modified, tested, or inspected.
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The safety analysis
acceptance criteria are not affected by this
change. The proposed change will not result
in plant operation in a configuration outside
the design basis. 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.
Removal of plant-specific Technical
Specification administrative requirements
will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate
to ensure that worker fatigue is managed.
Therefore, 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: J. Hagood
Hamilton, Jr., South Carolina Electric &
Gas Company, Post Office Box 764,
Columbia, South Carolina 29218.
NRC Branch Chief: Melanie C. Wong.
Virginia Electric and Power Company,
Docket Nos. 50–338 and 50–339, North
Anna Power Station, Unit Nos. 1 and 2,
Louisa County, Virginia
Date of Amendment Request:
February 6, 2009.
Description of Amendment Request:
The proposed amendments would
delete applicable portions of the
technical specifications (TSs)
superseded by Part 26, Subpart I of Title
10 of the Code of Federal Regulations
(10 CFR). This change is consistent with
Nuclear Regulatory Commission (NRC)approved Revision 0 to Technical
Specification Task Force (TSTF)
Improved Standard Technical
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
Specification Change Traveler, TSTF–
511, ‘‘Eliminate Working Hour
Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.’’ The
availability of this TS improvement was
announced in the Federal Register on
December 30, 2008 (73 FR 79923) as
part of the consolidated line item
improvement process. The licensee
affirmed the applicability of the model
no significant hazards consideration
determination in its application.
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 adopted by the
licensee is presented below:
Criterion 1: The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change removes TS
restrictions on working hours for personnel
who perform safety related functions. The TS
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Removal of the TS requirements will be
performed concurrently with the
implementation of the 10 CFR Part 26,
Subpart I, requirements. The proposed
change does not impact the physical
configuration or function of plant structures,
systems, or components (SSCs) or the manner
in which SSCs are operated, maintained,
modified, tested, or inspected. Worker fatigue
is not an initiator of any accident previously
evaluated. Worker fatigue is not an
assumption in the consequence mitigation of
any accident previously evaluated.
Therefore, it is concluded that 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 Accident
Previously Evaluated
The proposed change removes TS
restrictions on working hours for personnel
who perform safety related functions. The TS
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26.
Working hours will continue to be controlled
in accordance with NRC requirements. The
new rule allows for deviations from controls
to mitigate or prevent a condition adverse to
safety or as necessary to maintain the
security of the facility. This ensures that the
new rule will not unnecessarily restrict
working hours and thereby create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
The proposed change does not alter the
plant configuration, require new plant
equipment to be installed, alter accident
analysis assumptions, add any initiators, or
affect the function of plant systems or the
manner in which systems are operated,
maintained, modified, tested, or inspected.
Therefore, the proposed change does not
create the possibility of a new or different
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not
Involve a Significant Reduction in a Margin
of Safety
The proposed change removes TS
restrictions on working hours for personnel
who perform safety related functions. The TS
restrictions are superseded by the worker
fatigue requirements in 10 CFR Part 26. The
proposed change does not involve any
physical changes to plant or alter the manner
in which plant systems are operated,
maintained, modified, tested, or inspected.
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The safety analysis
acceptance criteria are not affected by this
change. The proposed change will not result
in plant operation in a configuration outside
the design basis. The proposed change does
not adversely affect systems that respond to
safely shutdown the plant and to maintain
the plant in a safe shutdown condition.
Removal of plant-specific TS
administrative requirements will not reduce
a margin of safety because the requirements
in 10 CFR Part 26 are adequate to ensure that
worker fatigue is managed.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
mstockstill on PROD1PC66 with NOTICES
The NRC staff has reviewed the
licensee’s incorporation of the above
analysis by reference and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. The NRC staff proposes to
determine that the amendment request
involves no significant hazards
consideration.
Attorney for Licensee: Lillian M.
Cuoco, Esq., Senior Counsel, Dominion
Resources Services, Inc., 120 Tredegar
Street, RS–2, Richmond, VA 23219.
NRC Branch Chief: Melanie C. Wong.
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
VerDate Nov<24>2008
01:06 Mar 24, 2009
Jkt 217001
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.resource@nrc.gov.
Calvert Cliffs Nuclear Power Plant, Inc.,
Docket Nos. 50–317 and 50–318, Calvert
Cliffs Nuclear Power Plant, Unit Nos. 1
and 2, Calvert County, Maryland
Date of Application for Amendments:
August 27, 2008, as supplemented by
letters dated December 11, 2008, and
March 2, 2009.
Brief Description of Amendments: The
amendments revise Technical
Specification 3.5.5, ‘‘Trisodium
Phosphate (TSP),’’ by changing the
containment buffering agent from
trisodium phosphate to sodium
tetraborate. The change will minimize
the potential for sump screen blockage
under loss-of-coolant accident
conditions due to potential chemical
interactions between trisodium
phosphate and insulation materials
inside containment.
Date of Issuance: March 4, 2009.
Effective Date: As of the date of
issuance. Implementation at Unit No. 1
shall be no later than startup from the
spring 2010 refueling outage whereas
implementation at Unit No. 2 shall be
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12397
prior to entry into Mode 4 following the
spring 2009 refueling outage.
Amendment Nos.: 290 and 266.
Renewed Facility Operating License
Nos. DPR–53 and DPR–69: Amendments
revised the License and Technical
Specifications.
Date of Initial Notice in Federal
Register: October 21, 2008 (73 FR
62562). The supplemental letters dated
December 11, 2008, and March 2, 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 these amendments is contained in a
Safety Evaluation dated March 4, 2009.
No Significant Hazards Consideration
Comments Received: No.
Duke Energy Carolinas, LLC, et al.,
Docket Nos. 50–369 and 50–370,
McGuire Nuclear Station, Units 1 and 2,
Mecklenburg County, North Carolina
Date of Application for Amendments:
December 11, 2007, as supplemented
December 18, 2008.
Brief Description of Amendments: The
amendments revised the Technical
Specifications sections to allow the
bypass test times and Completion Times
(CTs) for Limiting Condition for
Operation (LCOs) 3.3.1, ‘‘Reactor Trip
System (RTS) Instrumentation’’ and
3.3.2, ‘‘Engineered Safety Feature
Actuation System (ESFAS)
Instrumentation.’’
By letter dated December 30, 2008
(Agencywide Documents Access and
Management System Accession No.
ML083520046), the Nuclear Regulatory
Commission issued Amendment No.
248 and Amendment No. 228 for
McGuire Units 1 and 2, respectively, for
all the proposed changes approved by
the NRC in TSTFs 411 and 418. The
December 30, 2008 amendment stated
that the following changes would be
evaluated in a future amendment:
LCO 3.3.1, ‘‘RTS Instrumentation,’’
Condition N, One Reactor Coolant Flow—
Low (Single Loop) channel inoperable, LCO
3.3.2, ‘‘ESFAS Instrumentation,’’ Condition
D, Auxiliary Feedwater Start with Station
Blackout.’’
This amendment approves the above
changes.
Date of Issuance: March 9, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 90 days from the date of
issuance.
Amendment Nos.: 250 and 230.
Facility Operating License Nos. NPF–
9 and NPF–17: Amendments revised the
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licenses and the technical
specifications.
Date of Initial Notice in Federal
Register: March 25, 2008 (73 FR
15783). The supplement dated
December 18, 2008, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated March 9, 2009.
No Significant Hazards Consideration
Comments Received: No.
mstockstill on PROD1PC66 with NOTICES
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 4, 2008, as supplemented by
letter dated January 28, 2009.
Brief Description of Amendment: The
amendment revised the Technical
Specification (TS) Section 5.1, ‘‘Site,’’ to
remove the restriction on the sale and
lease of site property and replace the
restriction with a requirement to retain
complete authority to determine and
maintain sufficient control of all
activities, including the authority to
exclude or remove personnel and
property, within the minimum
exclusion area.
Date of Issuance: February 26, 2009.
Effective Date: As of the date of
issuance, and shall be implemented
within 60 days.
Amendment No.: 235.
Facility Operating License No. DPR–
28: Amendment revised the License and
Technical Specifications.
Date of Initial Notice in Federal
Register: November 4, 2008 (73 FR
65692). The supplemental letter dated
January 28, 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. The
Commission’s related evaluation of this
amendment is contained in a Safety
Evaluation dated February 26, 2009.
No Significant Hazards Consideration
Comments Received: No.
Entergy Operations, Inc., Docket No. 50–
368, Arkansas Nuclear One, Unit No. 2,
Pope County, Arkansas
Date of Application for Amendment:
July 21, 2008, as supplemented by letter
dated December 11, 2008.
Brief Description of Amendment: The
amendment relocated Technical
VerDate Nov<24>2008
01:06 Mar 24, 2009
Jkt 217001
Specification (TS) 3.7.8, ‘‘Shock
Suppressors (Snubbers),’’ to the
Technical Requirements Manual. In
addition, the amendment revised TS
requirements for inoperable snubbers by
adding Limiting Condition for
Operation (LCO) 3.0.8 on the
inoperability of snubbers. The
amendment also makes conforming
changes to TS LCO 3.0.1. This
amendment is consistent with U.S.
Nuclear Regulatory Commissionapproved Industry/Technical
Specification Task Force (TSTF)
Standard Technical Specification
change TSTF–372, Revision 4,
‘‘Addition of LCO 3.0.8, Inoperability of
Snubbers.’’
Date of Issuance: March 6, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 60 days from the date of
issuance.
Amendment No.: 283.
Renewed Facility Operating License
No. NPF–6: Amendment revised the
Technical Specifications/license.
Date of Initial Notice in Federal
Register: November 4, 2008 (73 FR
65693). The supplemental letter dated
December 11, 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 March 6, 2009.
No Significant Hazards Consideration
Comments Received: No.
Entergy Operations, Inc., System Energy
Resources, Inc., South Mississippi
Electric Power Association, and Entergy
Mississippi, Inc., Docket No. 50–416,
Grand Gulf Nuclear Station, Unit 1,
Claiborne County, Mississippi
Date of Application for Amendment:
September 11, 2008.
Brief Description of Amendment: The
amendment revised several surveillance
requirements (SRs) and added SR
3.8.1.21 in Technical Specification (TS)
3.8.1, ‘‘AC [alternating current]
Sources—Operating,’’ and TS 3.8.2, ‘‘AC
Sources—Shutdown.’’ The changes
allow the slow-start testing sequence of
the diesel generators in order to reduce
the stress and wear on the equipment.
Date of Issuance: March 4, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 45 days of issuance.
Amendment No.: 182.
Facility Operating License No. NPF–
29: The amendment revises the Facility
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Fmt 4703
Sfmt 4703
Operating License and Technical
Specifications.
Date of Initial Notice in Federal
Register: October 7, 2008 (73 FR
58673).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated March 4, 2009.
No Significant Hazards Consideration
Comments Received: No.
Exelon Generation Company, LLC,
Docket Nos. 50–373 and 50–374, LaSalle
County Station, Units 1 and 2, LaSalle
County, Illinois
Date of Application for Amendments:
May 2, 2008, as supplemented by letter
dated July 23, 2008.
Brief Description of Amendments: The
amendments modify technical
specification (TS) 3.8.3, ‘‘Diesel Fuel Oil
and Starting Air,’’ to replace the
numerical volume requirements for
stored diesel fuel oil inventory with
requirements that state that volumes
equivalent to 7 days and 6 days of fuel
oil are available, and to move the diesel
fuel oil numerical volumes equivalent to
7 day and 6 day supplies to the TS
Bases.
Date of Issuance: March 9, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment Nos.: 191 and 178.
Facility Operating License Nos. NPF–
11 and NPF–18: The amendments
revised the Technical Specifications and
License.
Date of Initial Notice in Federal
Register: August 12, 2008 (73 FR
46930). The July 23, 2008 supplement,
contained clarifying information and
did not change the NRC staff’s initial
proposed finding of no significant
hazards consideration.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated March 9, 2009.
No Significant Hazards Consideration
Comments Received: No.
PPL Susquehanna, LLC, Docket No. 50–
388, Susquehanna Steam Electric
Station, Unit 2, Luzerne County,
Pennsylvania
Date of Application for Amendment:
October 30, 2008, as supplemented by
letters dated November 12, 2008 and
January 23, 2009.
Brief Description of Amendment: This
amendment request would revise PPL
Susquehanna, LLC, Unit 2 Technical
Specifications Section 2.1.1.2,
Minimum Critical Power Ratio Safety
Limits for two-loop and single-loop
operation and adds an associated
License Condition in the Facility
Operating License.
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices
Date of Issuance: February 26, 2009.
Effective Date: February 26, 2009.
Amendment No.: 230.
Facility Operating License No. NPF–
22: This amendment revised the License
and Technical Specifications.
Date of Initial Notice in Federal
Register: January 23, 2009 (74 FR
4254). The supplements dated
November 21, 2008, and January 23,
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 on January 23, 2009
(74 FR 4254).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated February 26,
2009.
No Significant Hazards Consideration
Comments Received: No.
PSEG Nuclear LLC, Docket No. 50–354,
Hope Creek Generating Station, Salem
County, New Jersey
mstockstill on PROD1PC66 with NOTICES
Date of Application for Amendment:
April 25, 2008, as supplemented by
letter dated January 7, 2009.
Brief Description of Amendment: The
amendment revises the Technical
Specifications (TSs) to remove the
restriction on operation of the hydrogen
water chemistry system at low power
levels.
Date of Issuance: March 4, 2009.
Effective Date: As of the date of
issuance, to be implemented within 30
days.
Amendment No.: 176.
Facility Operating License No. NPF–
57: The amendment revised the TSs and
the License.
Date of Initial Notice in Federal
Register: July 29, 2008 (73 FR 43957).
The letter dated January 7, 2009,
provided clarifying information that did
not change the initial proposed no
significant hazards consideration
determination or expand the application
beyond the scope of the original Federal
Register notice.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated March 4, 2009.
No Significant Hazards Consideration
Comments Received: No.
Tennessee Valley Authority, Docket No.
50–390, Watts Bar Nuclear Plant, Unit 1,
Rhea County, Tennessee
Date of Application for Amendment:
September 18, 2008, as supplemented
February 11, 2009.
Brief Description of Amendment: The
amendment revised requirements for the
VerDate Nov<24>2008
01:06 Mar 24, 2009
Jkt 217001
auxiliary feedwater system auto-start
function associated with the trip of
main feedwater pumps.
Date of Issuance: March 4, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 270 days of issuance.
Amendment No.: 75.
Facility Operating License No. NPF–
90: Amendment revises the Technical
Specifications.
Date of Initial Notice in Federal
Register: November 4, 2008 (73 FR
65698). The supplement dated February
11, 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 Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated March 4, 2009.
No Significant Hazards Consideration
Comments Received: No.
Dated at Rockville, Maryland, this 13th day
of March 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–6112 Filed 3–23–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–331; NRC–2008–0618]
FPL Energy Duane Arnold, LLC; Duane
Arnold Energy Center; Notice of Intent
To Prepare an Environmental Impact
Statement and Conduct Scoping
Process
FPL Energy Duane Arnold, LLC has
submitted an application for renewal of
Facility Operating License No. DPR–49
for an additional 20 years of operation
at Duane Arnold Energy Center (DAEC).
DAEC is located near Cedar Rapids, IA.
The operating license for DAEC expires
on February 21, 2014. The application
for renewal, dated September 30, 2008,
was submitted pursuant to Title 10 of
the Code of Federal Regulations (10
CFR) Part 54. A notice of receipt and
availability of the application, which
included the environmental report (ER),
was published in the Federal Register
on November 17, 2008 (73 FR 67895). A
notice of acceptance for docketing of the
application for renewal of the facility
operating license was also published in
the Federal Register on February 17,
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Frm 00097
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Sfmt 4703
12399
2009 (74 FR 7489). The purpose of this
notice is to inform the public that the
U.S. Nuclear Regulatory Commission
(NRC) will be preparing an
environmental impact statement (EIS)
related to the license renewal
application and to provide the public
with an opportunity to participate in the
environmental scoping process, as
defined in 10 CFR 51.29. In addition, as
outlined in 36 CFR 800.8, ‘‘Coordination
with the National Environmental Policy
Act,’’ the NRC plans to coordinate
compliance with Section 106 of the
National Historic Preservation Act in
meeting the requirements of the
National Environmental Policy Act of
1969 (NEPA).
In accordance with 10 CFR 51.53(c)
and 10 CFR 54.23, FPL Energy Duane
Arnold, LLC submitted the ER as part of
the application. The ER was prepared
pursuant to 10 CFR Part 51 and is
publicly available at the NRC Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, or
from the NRC’s Agencywide Documents
Access and Management System
(ADAMS). The ADAMS Public
Electronic Reading Room is accessible at
https://adamswebsearch.nrc.gov/
dologin.htm. The Accession Number for
the ER is ML082980483. Persons who
do not have access to ADAMS, or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC’s PDR reference staff by
telephone at 1–800–397–4209, or 301–
415–4737, or by e-mail at
pdr.resource@nrc.gov. The ER may also
be viewed on the Internet at: https://
www.nrc.gov/reactors/operating/
licensing/renewal/applications/duanearnold-energy-center.html. In addition,
the ER is available for public inspection
near DAEC at the following public
library: Hiawatha Public Library, 150
West Willman Street, Hiawatha, Iowa.
This notice advises the public that the
NRC intends to gather the information
necessary to prepare a plant-specific
supplement to the Commission’s
‘‘Generic Environmental Impact
Statement (GEIS) for License Renewal of
Nuclear Plants’’ (NUREG–1437), related
to the review of the application for
renewal of the DAEC operating license
for an additional 20 years. Possible
alternatives to the proposed action
(license renewal) include no action and
reasonable alternative energy sources.
The NRC is required by 10 CFR 51.95
to prepare a supplement to the GEIS in
connection with the renewal of an
operating license. This notice is being
published in accordance with NEPA
and the NRC’s regulations found in 10
CFR Part 51.
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Agencies
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12390-12399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6112]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0131]
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 February 26, 2009, through March 11, 2009.
The last biweekly notice was published on March 10, 2009 (74 FR 10305).
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
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
[[Page 12391]]
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 help
electronic filing Help Desk can be contacted by telephone at 1-866-672-
7640 or by e-mail at MSHD.Resource@nrc.gov.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, 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
[[Page 12392]]
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings, 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.resource@nrc.gov.
Entergy Gulf States Louisiana, LLC, and Entergy Operations, Inc.,
Docket No. 50-458, River Bend Station, Unit 1, West Feliciana Parish,
Louisiana
Date of Amendment Request: January 21, 2009, as supplemented on
January 23, 2009.
Description of Amendment Request: The proposed changes to the
Technical Specifications (TSs) adopt NRC-approved TS Task Force (TSTF)
traveler TSTF 163, ``Minimum vs. Steady-State Voltage and Frequency,''
TSTF-222, ``Control Rod Scram Time Testing,'' TSTF-230, ``Residual Heat
Removal Suppression Pool Cooling Limiting Condition for Operation
[LCO],'' and TSTF-306, ``LCO Action Note to Allow Unisolation of
Penetration Flow Path(s),'' and make two minor administrative
corrections.
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 for TSTF-230, 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 change relaxes the Required Actions of LCO
[limiting condition for operation] 3.6.2.3 by allowing 8 hours to
restore one RHR [residual heat removal] suppression pool cooling
subsystem to OPERABLE status when both subsystems have been
determined to be inoperable. Required Actions and their associated
Completion Times are not initiating conditions for any accident
previously evaluated. The proposed 8 hour Completion Time provides
some time to restore required subsystem(s) to OPERABLE status, yet
is short enough that operating an additional 8 hours is not a
significant risk. The Required Actions in the proposed change have
been developed to provide assurance that appropriate remedial
actions are taken in response to the degraded condition, considering
the operability status of the RHR Suppression Pool Cooling System
and the capability of minimizing the risk associated with continued
operation. As a result, neither the probability nor the consequences
of any accident previously evaluated are significantly increased.
Therefore, this change 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.
The proposed change does not involve a physical modification or
alteration of plant equipment (no new or different type of equipment
will be installed) or a change in the methods governing normal plant
operation. The Required Actions and associated Completion Times in
the proposed change have been evaluated to ensure that no new
accident initiators are introduced. Thus, this 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 relaxed Required Actions do not involve a significant
reduction in a margin of safety. The proposed change has been
evaluated to minimize the risk of continued operation with both RHR
suppression pool cooling subsystems inoperable. The operability
status of the RHR Suppression Pool Cooling System, a reasonable time
for repair or replacement of required features, and the low
probability of a design basis accident occurring during the repair
period have been considered in the evaluation. Therefore, this
change does not involve a significant reduction in a margin of
safety.
The licensee has also provided its analysis of the issue of no
significant hazards consideration for TSTFs-163, 222, and 306, and the
proposed two minor administrative corrections, 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 minor administrative changes which, (1) corrects Action
Statement 3.7.2.F, and (2) changes a reference number from ``ANSI
N510-1989'' to ``ASME N510-1989,'' has no impact on any structure,
system, component, program, or analysis.
The adoption of TSTF-163 does not change the manner in which the
EDGs [emergency diesel generators] are operated and, when
implemented, will continue to ensure the EDGs perform their function
when called upon. The proposed revision to the TS SRs [surveillance
requirements] will continue to ensure that minimum frequency and
voltage are attained within the required time. The SRs will continue
to ensure that proper steady state voltage and frequency are
attained consistent with proper EDG governor and voltage regulator
performance. Therefore, the probability or consequences of
previously evaluated accidents are not significantly increased.
The proposed change to adopt TSTF-222 is an administrative
clarification of existing Technical Specification requirements
regarding scram time testing requirements for control rods. It
consists of administrative changes that involve wording changes that
clarify requirements without changing the original intent. As such,
these types of changes do not affect initiators of analyzed events
and do not affect the mitigation of any accidents or transients.
The proposed change to adopt TSTF-306 allows primary containment
and drywell isolation valves to be unisolated under administrative
controls when the associated isolation instrumentation is not
operable. The isolation function is an accident mitigating function
and is not an initiator of an accident previously evaluated.
Administrative controls are required to be in effect when the valves
are unisolated so that the penetration can be rapidly isolated when
the need is indicated. Therefore, the probability or consequences of
previously evaluated accidents are not significantly increased.
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.
The minor administrative changes which, (1) corrects Action
Statement 3.7.2.F, and (2) changes a reference number from ``ANSI
N510-1989'' to ``ASME N510-1989,'' has no impact on any structure,
system, component, program, or analysis.
The proposed changes do not involve a physical alteration of the
plant (no new or different type of equipment will be installed), do
not change the design function of any equipment, and do not change
the methods of normal plant operation. Accordingly, the
[[Page 12393]]
proposed changes do not create any new credible failure mechanisms,
malfunctions, or accident initiators not previously considered in
the RBS [River Bend Station] design and licensing basis.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the Proposed Change Involve a Significant Reduction in a
Margin of Safety?
Response: No.
The minor administrative changes which, (1) corrects Action
Statement 3.7.2.F, and (2) changes a reference number from ``ANSI
N510-1989'' to ``ASME N510-1989,'' has no impact on any structure,
system, component, program, or analysis.
Adoption of TSTF-163 does not impact EDG performance, including
the capability for each EDG to attain and maintain required voltage
and frequency for accepting and supporting plant safety loads within
the required time, as assumed in the plant safety analysis. The
proposed change does not involve a significant reduction in a margin
of safety since the operability of the EDGs continues to be
determined as required to support the capability of the EDGs to
provide emergency power to plant equipment that mitigate the
consequences of an accident.
The proposed change associated with TSTF-222 involves an
administrative clarification to better delineate the requirements
for scram time testing control rods following refueling outages and
for control rods requiring testing due to work activities. As such,
the proposed change does not involve a significant reduction in the
margin of safety.
The change to allow containment and drywell isolation valves to
be unisolated under administrative control (TSTF-306) does not
reduce any margins to safety because the proposed allowance for the
supporting isolation instrumentation is no less restrictive than the
allowance for the equipment it supports. When the valves are
unisolated, the design basis function of containment isolation is
maintained by administrative controls. The proposed changes have no
affect on any safety analysis assumptions or methods of performing
safety analyses. The changes do not adversely affect system
operability or design requirements and the equipment continues to be
tested in a manner and at a frequency necessary to provide
confidence that the equipment can perform its intended safety
functions.
Therefore, 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: Terence A. Burke, Associate General
Counsel--Nuclear Entergy Services, Inc., 1340 Echelon Parkway, Jackson,
Mississippi 39213.
NRC Branch Chief: Michael T. Markley.
Florida Power and Light Company, et al., Docket Nos. 50-335 and 50-389,
St. Lucie Nuclear Plant, Unit Nos. 1 and 2, St. Lucie County, Florida
Date of Amendment Request: February 12, 2009.
Description of Amendment Request: The proposed amendment would
delete those portions of Technical Specifications (TS) superseded by
Title 10 of the Code of Federal Regulations (10 CFR), Part 26, Subpart
I. This change is consistent with Nuclear Regulatory Commission
approved Technical Specification Task Force (TSTF) Improved Standard
Technical Specification Change Traveler TSTF-511, ``Revision 0,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.''
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 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 removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Removal of the
Technical Specification requirements will be performed concurrently
with the implementation of the 10 CFR Part 26, Subpart I,
requirements. The proposed change does not impact the physical
configuration or function of plant structures, systems, or
components (SSCs) or the manner in which SSCs are operated,
maintained, modified, tested, or inspected. Worker fatigue is not an
initiator of any accident previously evaluated. Worker fatigue is
not an assumption in the consequence mitigation of any accident
previously evaluated.
Therefore, it is concluded that 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 Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Working hours will
continue to be controlled in accordance with NRC requirements. The
new rule allows for deviations from controls to mitigate or prevent
a condition adverse to safety or as necessary to maintain the
security of the facility. This ensures that the new rule will not
unnecessarily restrict working hours and thereby create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed change does not alter the plant configuration,
require new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or effect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected. Therefore, the proposed change does
not create the possibility of a new or different kind of accident
from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. The proposed change
does not involve any physical changes to plant or alter the manner
in which plant systems are operated, maintained, modified, tested,
or inspected. The proposed change does not alter the manner in which
safety limits, limiting safety system settings or limiting
conditions for operation are determined. The safety analysis
acceptance criteria are not affected by this change. The proposed
change will not result in plant operation in a configuration outside
the design basis. The proposed change does not adversely affect
systems that respond to safely shutdown the plant and to maintain
the plant in a safe shutdown condition. Removal of plant-specific
Technical Specification administrative requirements will not reduce
a margin of safety because the requirements in 10 CFR Part 26 are
adequate to ensure that worker fatigue is managed.
Therefore, 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: M.S. Ross, Attorney, Florida Power & Light,
P.O. Box 14000, Juno Beach, Florida 33408-0420.
NRC Branch Chief: Thomas H. Boyce.
FPL Energy Duane Arnold, LLC, Docket No. 50-331, Duane Arnold Energy
Center, Linn County, Iowa
Date of Amendment Request: January 30, 2009.
Description of Amendment Request: The proposed amendment would
delete the Duane Arnold Energy Center (DAEC)
[[Page 12394]]
Technical Specification (TS) Section 5.2.2.e regarding work hour
controls.
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:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Removal of the
Technical Specification requirements will be performed concurrently
with the implementation of the 10 CFR Part 26, Subpart I,
requirements. The proposed change does not impact the physical
configuration or function of plant structures, systems, or
components (SSCs) or the manner in which SSCs are operated,
maintained, modified, tested, or inspected. Worker fatigue is not an
initiator of any accident previously evaluated. Worker fatigue is
not an assumption in the consequence mitigation of any accident
previously evaluated.
Therefore, it is concluded that 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 Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Working hours will
continue to be controlled in accordance with NRC requirements. The
new rule allows for deviations from controls to mitigate or prevent
a condition adverse to safety or as necessary to maintain the
security of the facility. This ensures that the new rule will not
unnecessarily restrict working hours and thereby create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed change does not alter the plant configuration,
require new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or [a]ffect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. The proposed change
does not involve any physical changes to the plant or alter the
manner in which plant systems are operated, maintained, modified,
tested, or inspected. The proposed change does not alter the manner
in which safety limits, limiting safety system settings or limiting
conditions for operation are determined. The safety analysis
acceptance criteria are not affected by this change. The proposed
change will not result in plant operation in a configuration outside
the design basis. The proposed change does not adversely affect
systems that respond to safely shutdown the plant and to maintain
the plant in a safe shutdown condition.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, 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: Mr. R. E. Helfrich, Florida Power & Light
Company, P.O. Box 14000, Juno Beach, FL 33408-0420.
NRC Branch Chief: Lois M. James.
Pacific Gas and Electric Company, Docket Nos. 50-275 and 50-323, Diablo
Canyon Nuclear Power Plant, Unit Nos. 1 and 2, San Luis Obispo County,
California
Date of Amendment Request: February 24, 2009.
Description of Amendment Request: The proposed amendment would
revise the Diablo Canyon Power Plant (DCPP), Units 1 and 2 Technical
Specification (TS) 3.3.1, ``Reactor Trip System (RTS)
Instrumentation.'' The amendment will delete the requirement for the
power range neutron flux rate-high negative rate trip function as
specified in TS Table 3.3.1-1, ``Reactor Trip System Instrumentation,''
as Function 3.b, ``Power Range Neutron Flux Rate-High Negative Rate.''
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 removal of the power range neutron flux rate-high negative
rate trip function from the DCPP TS does not increase the
probability or consequences of accidents resulting from dropped RCCA
[rod cluster control assembly] events previously analyzed. The
safety functions of other safety-related systems and components,
which are related to mitigation of these events, have not been
altered. All other reactor trip system protection functions are not
impacted by the deletion of the trip function. The dropped RCCA
accident analysis does not rely on the negative flux rate trip to
safely shut down the plant. The safety analysis of the plant is
unaffected by the proposed change. Since the safety analysis is
unaffected, the calculated radiological releases associated with the
analysis are not affected.
Therefore, the proposed change 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 Accident from Any Accident Previously Evaluated?
Response: No.
The proposed change does not adversely alter the design
assumptions, conditions, or configuration of the facility or the
manner in which the plant is operated. No new accident scenarios,
failure mechanisms, or limiting single failures are introduced as a
result of the proposed change. The proposed change does not
challenge the performance or integrity of any safety-related systems
or components. NRC-approved Westinghouse Topical Report WCAP-11394-
P-A, ``Methodology for the Analysis of the Dropped Rod Event,''
dated January 1990, has demonstrated that the negative flux rate
trip function can be deleted.
Therefore, the proposed change does not create the possibility
of a new or different accident from any accident previously
evaluated.
3. Does the Proposed Change Involve a Significant Reduction in a
Margin of Safety?
Response: No.
The margin of safety associated with the acceptance criteria of
any accident is unchanged. It has been demonstrated that the
negative flux rate trip function can be deleted by the NRC-approved
methodology described in WCAP-11394-P-A. DCPP cycle-specific
analyses have confirmed that for dropped RCCA events, limits on DNB
[departure from nucleate boiling] are not exceeded by deleting the
negative flux rate trip. The proposed change will have no effect on
the availability, operability, or performance of safety-related
systems and components.
Therefore, 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 requests involve no significant hazards consideration.
[[Page 12395]]
Attorney for Licensee: Jennifer Post, Esq., Pacific Gas and
Electric Company, P.O. Box 7442, San Francisco, California 94120.
NRC Branch Chief: Michael T. Markley.
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, South Carolina
Date of Amendment Request: February 17, 2009.
Description of Amendment Request: The licensee proposes to amend
the operating license for Virgil C. Summer Nuclear Station, by revising
the technical specifications (TS) and incorporating an alternative
source term (AST) methodology into the facility's licensing basis. The
proposed license amendment involves a full implementation of an AST
methodology by revising the current accident source term and replacing
it with an AST, as prescribed in 10 CFR 50.67.
AST analyses were performed using the guidance provided by
Regulatory Guide (RG) 1.183, ``Alternative Source Terms for Evaluating
Design Basis Accidents at Nuclear Power Reactors,'' dated July 2000,
and Standard Review Plan (SRP) Section 15.0.1, ``Radiological
Consequences Analyses Using Alternative Source Terms.'' TS changes are
also proposed to implement Technical Specifications Task Force Traveler
51, Revision 2, which permits removal of the TS requirements for
engineered safety features to be operable after sufficient radioactive
decay has occurred to ensure off-site doses remain below the SRP
limits. Other TS revisions reflect the update of the accident source
term and associated design basis accidents utilizing the guidance
provided in RG 1.183 and the associated control room and offsite dose
requirements of 10 CFR 50.67. The AST analyses are based on new control
room habitability atmospheric dispersion coefficients based on site
specific meteorological data in accordance with RG 1.194.
Basis for Proposed No Significant Hazards Consideration
Determination: As required by10 CFR 50.91(a), the licensee has provided
its analysis of the issue of no significant hazards consideration,
which is presented below:
1.0 Does the Proposed Change Involve a Significant Increase in the
Probability of Occurrence or Consequences of an Accident Previously
Evaluated?
Response: No.
Adoptions of the AST and pursuant TS changes and the changes to
the atmospheric dispersion factors have no impact to the initiation
of DBAs. Once the occurrence of an accident has been postulated, the
new accident source term and atmospheric dispersion factors are an
input to analyses that evaluate the radiological consequences. Some
of the proposed changes do affect the design or manner in which the
facility is operated following an accident; however, the proposed
changes do not involve a revision to the design or manner in which
the facility is operated that could increase the probability of an
accident previously evaluated in Chapter 15 of the FSAR.
Therefore, the proposed change does not involve an increase in
the probability of an accident previously evaluated.
The structures, systems and components affected by the proposed
changes act as mitigators to the consequences of accidents. Based on
the AST analyses, the proposed changes do revise certain performance
requirements; however, the proposed changes do not involve a
revision to the parameters or conditions that could contribute to
the initiation of an accident previously discussed in Chapter 15 of
the FSAR.
Plant-specific radiological analyses have been performed using
the AST methodology and new atmospheric dispersion factors. Based on
the results of these analyses, it has been demonstrated that the
CRHE dose consequences of the limiting events considered in the
analyses meet the regulatory guidance provided for use with the AST,
and the offsite doses are within acceptable limits. This guidance is
presented in 10 CFR 50.67, RG 1.183, and Standard Review Plan
Section (SRP) 15.0.1.
Therefore, the proposed amendment does not result in a
significant increase in the consequences of any previously evaluated
accident.
2.0 Does the Proposed Change Create the Possibility of a New or
Different Kind of Accident From Any Accident Previously Evaluated?
Response: No.
Implementation of AST and the associated proposed TS changes and
new atmospheric dispersion factors do not alter or involve any
design basis accident initiators. With the exception of the fuel
handling accident, these changes do not affect the design function
or mode of operations of structures, systems and components in the
facility prior to a postulated accident. Since structures, systems
and components are operated essentially no differently after the AST
implementation, no new failure modes are created by this proposed
change. The alternative source term change itself does not have the
capability to initiate accidents.
For the fuel handling accident, the Improved Standard Technical
Specifications Change Traveler (TSTF-51, Revision 2) permits removal
of the Technical Specification requirements for ESF features to be
operable after sufficient radioactive decay has occurred to ensure
off-site doses remain below the SRP limits. As noted in this
submittal no credit is taken for the accident mitigation of the ESF
features associated with the fuel handling accidents to meet these
limits. Since these are not associated with accident initiators the
proposed license amendment will not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
3.0 Does the Proposed Change Involve a Significant Reduction in a
Margin of Safety?
Response: No.
The results of the AST analyses are subject to the acceptance
criteria in 10 CFR 50.67. The analyzed events have been carefully
selected, and the analyses supporting these changes have been
performed using approved methodologies to ensure that analyzed
events are bounding and safety margin has not been reduced. The dose
consequences of these limiting events are within the acceptance
criteria presented in 10 CFR 50.67, RG 1.183, and SRP 15.0.1. Thus,
by meeting the applicable regulatory limits for AST, there is no
significant reduction in a margin of safety.
New Control Room atmospheric dispersion factors (X/
Qs) based on site specific meteorological data, calculated in
accordance with the guidance of RG 1.194, utilizes more recent data
and improved calculational methodologies.
For the fuel handling accident, the Improved Standard Technical
Specifications Change Traveler (TSTF-51, Revision 2) permits removal
of the Technical Specification requirements for ESF features to be
operable after sufficient radioactive decay has occurred to ensure
off-site doses remain below the SRP limits. Following sufficient
decay, the primary success paths for mitigating the fuel handling
accident no longer includes the functioning of the active
containment or fuel handling building systems. With the proposed
changes, the OPERABILITY requirements of the Technical
Specifications will reflect that water level (23') and decay time
(72 hours after shutdown) are the primary success path for
mitigating a fuel handling accident.
Therefore, because the proposed changes continue to result in
dose consequences within the applicable regulatory limits, the
changes are considered to not result in 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: J. Hagood Hamilton, Jr., South Carolina
Electric & Gas Company, Post Office Box 764, Columbia, South Carolina
29218.
NRC Branch Chief: Melanie C. Wong.
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, South Carolina
Date of Amendment Request: March 2, 2009.
Description of Amendment Request: The proposed amendment would
delete those portions of technical
[[Page 12396]]
specifications (TS) superseded by Title 10 of the Code of Federal
Regulations (10 CFR ) Part 26, Subpart I. This change is consistent
with the Nuclear Regulatory Commission (NRC)-approved Revision 0 to
Technical Specification Task Force (TSTF) Traveler, TSTF-511,
``Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR Part 26.'' The availability of this TS
improvement was announced in the Federal Register on December 30, 2008,
(73 FR 79923) as part of the consolidated line item improvement
process.
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:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Removal of the
Technical Specification requirements will be performed concurrently
with the implementation of the 10 CFR Part 26, Subpart I,
requirements. The proposed change does not impact the physical
configuration or function of plant structures, systems, or
components (SSCs) or the manner in which SSCs are operated,
maintained, modified, tested, or inspected. Worker fatigue is not an
initiator of any accident previously evaluated. Worker fatigue is
not an assumption in the consequence mitigation of any accident
previously evaluated.
Therefore, it is concluded that 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 Accident Previously
Evaluated
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. Working hours will
continue to be controlled in accordance with NRC requirements. The
new rule allows for deviations from controls to mitigate or prevent
a condition adverse to safety or as necessary to maintain the
security of the facility. This ensures that the new rule will not
unnecessarily restrict working hours and thereby create the
possibility of a new or different kind of accident from any accident
previously evaluated.
The proposed change does not alter the plant configuration,
require new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or affect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes Technical Specification restrictions
on working hours for personnel who perform safety related functions.
The Technical Specification restrictions are superseded by the
worker fatigue requirements in 10 CFR Part 26. The proposed change
does not involve any physical changes to the plant or alter the
manner in which plant systems are operated, maintained, modified,
tested, or inspected. The proposed change does not alter the manner
in which safety limits, limiting safety system settings or limiting
conditions for operation are determined. The safety analysis
acceptance criteria are not affected by this change. The proposed
change will not result in plant operation in a configuration outside
the design basis. 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.
Removal of plant-specific Technical Specification administrative
requirements will not reduce a margin of safety because the
requirements in 10 CFR Part 26 are adequate to ensure that worker
fatigue is managed.
Therefore, 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: J. Hagood Hamilton, Jr., South Carolina
Electric & Gas Company, Post Office Box 764, Columbia, South Carolina
29218.
NRC Branch Chief: Melanie C. Wong.
Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339,
North Anna Power Station, Unit Nos. 1 and 2, Louisa County, Virginia
Date of Amendment Request: February 6, 2009.
Description of Amendment Request: The proposed amendments would
delete applicable portions of the technical specifications (TSs)
superseded by Part 26, Subpart I of Title 10 of the Code of Federal
Regulations (10 CFR). This change is consistent with Nuclear Regulatory
Commission (NRC)-approved Revision 0 to Technical Specification Task
Force (TSTF) Improved Standard Technical Specification Change Traveler,
TSTF-511, ``Eliminate Working Hour Restrictions from TS 5.2.2 to
Support Compliance with 10 CFR Part 26.'' The availability of this TS
improvement was announced in the Federal Register on December 30, 2008
(73 FR 79923) as part of the consolidated line item improvement
process. The licensee affirmed the applicability of the model no
significant hazards consideration determination in its application.
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 adopted by the licensee is
presented below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change removes TS restrictions on working hours for
personnel who perform safety related functions. The TS restrictions
are superseded by the worker fatigue requirements in 10 CFR Part 26.
Removal of the TS requirements will be performed concurrently with
the implementation of the 10 CFR Part 26, Subpart I, requirements.
The proposed change does not impact the physical configuration or
function of plant structures, systems, or components (SSCs) or the
manner in which SSCs are operated, maintained, modified, tested, or
inspected. Worker fatigue is not an initiator of any accident
previously evaluated. Worker fatigue is not an assumption in the
consequence mitigation of any accident previously evaluated.
Therefore, it is concluded that 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 Accident Previously
Evaluated
The proposed change removes TS restrictions on working hours for
personnel who perform safety related functions. The TS restrictions
are superseded by the worker fatigue requirements in 10 CFR Part 26.
Working hours will continue to be controlled in accordance with NRC
requirements. The new rule allows for deviations from controls to
mitigate or prevent a condition adverse to safety or as necessary to
maintain the security of the facility. This ensures that the new
rule will not unnecessarily restrict working hours and thereby
create the possibility of a new or different kind of accident from
any accident previously evaluated.
The proposed change does not alter the plant configuration,
require new plant equipment to be installed, alter accident analysis
assumptions, add any initiators, or affect the function of plant
systems or the manner in which systems are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed change does not create the possibility
of a new or different
[[Page 12397]]
kind of accident from any previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
The proposed change removes TS restrictions on working hours for
personnel who perform safety related functions. The TS restrictions
are superseded by the worker fatigue requirements in 10 CFR Part 26.
The proposed change does not involve any physical changes to plant
or alter the manner in which plant systems are operated, maintained,
modified, tested, or inspected. The proposed change does not alter
the manner in which safety limits, limiting safety system settings
or limiting conditions for operation are determined. The safety
analysis acceptance criteria are not affected by this change. The
proposed change will not result in plant operation in a
configuration outside the design basis. The proposed change does not
adversely affect systems that respond to safely shutdown the plant
and to maintain the plant in a safe shutdown condition.
Removal of plant-specific TS administrative requirements will
not reduce a margin of safety because the requirements in 10 CFR
Part 26 are adequate to ensure that worker fatigue is managed.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's incorporation of the
above analysis by reference and, based on this review, it appears that
the three standards of 10 CFR 50.92(c) are satisfied. The NRC staff
proposes to determine that the amendment request involves no
significant hazards consideration.
Attorney for Licensee: Lillian M. Cuoco, Esq., Senior Counsel,
Dominion Resources Services, Inc., 120 Tredegar Street, RS-2, Richmond,
VA 23219.
NRC Branch Chief: Melanie C. Wong.
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.resource@nrc.gov.
Calvert Cliffs Nuclear Power Plant, Inc., Docket Nos. 50-317 and 50-
318, Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Calvert
County, Maryland
Date of Application for Amendments: August 27, 2008, as
supplemented by letters dated December 11, 2008, and March 2, 2009.
Brief Description of Amendments: The amendments revise Technical
Specification 3.5.5, ``Trisodium Phosphate (TSP),'' by changing the
containment buffering agent from trisodium phosphate to sodium
tetraborate. The change will minimize the potential for sump screen
blockage under loss-of-coolant accident conditions due to potential
chemical interactions between trisodium phosphate and insulation
materials inside containment.
Date of Issuance: March 4, 2009.
Effective Date: As of the date of issuance. Implementation at Unit
No. 1 shall be no later than startup from the spring 2010 refueling
outage whereas implementation at Unit No. 2 shall be prior to entry
into Mode 4 following the spring 2009 refueling outage.
Amendment Nos.: 290 and 266.
Renewed Facility Operating License Nos. DPR-53 and DPR-69:
Amendments revised the License and Technical Specifications.
Date of Initial Notice in Federal Register: October 21, 2008 (73 FR
62562). The supplemental letters dated December 11, 2008, and March 2,
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 these amendments is
contained in a Safety Evaluation dated March 4, 2009.
No Significant Hazards Consideration Comments Received: No.
Duke Energy Carolinas, LLC, et al., Docket Nos. 50-369 and 50-370,
McGuire Nuclear Station, Units 1 and 2, Mecklenburg County, North
Carolina
Date of Application for Amendments: December 11, 2007, as
supplemented December 18, 2008.
Brief Description of Amendments: The amendments revised the
Technical Specifications sections to allow the bypass test times and
Completion Times (CTs) for Limiting Condition for Operation (LCOs)
3.3.1, ``Reactor Trip System (RTS) Instrumentation'' and 3.3.2,
``Engineered Safety Feature Actuation System (ESFAS) Instrumentation.''
By letter dated December 30, 2008 (Agencywide Documents Access and
Management System Accession No. ML083520046), the Nuclear Regulatory
Commission issued Amendment No. 248 and Amendment No. 228 for McGuire
Units 1 and 2, respectively, for all the proposed changes approved by
the NRC in TSTFs 411 and 418. The December 30, 2008 amendment stated
that the following changes would be evaluated in a future amendment:
LCO 3.3.1, ``RTS Instrumentation,'' Condition N, One Reactor
Coolant Flow--Low (Single Loop) channel inoperable, LCO 3.3.2,
``ESFAS Instrumentation,'' Condition D, Auxiliary Feedwater Start
with Station Blackout.''
This amendment approves the above changes.
Date of Issuance: March 9, 2009.
Effective Date: As of the date of issuance and shall be implemented
within 90 days from the date of issuance.
Amendment Nos.: 250 and 230.
Facility Operating License Nos. NPF-9 and NPF-17: Amendments
revised the
[[Page 12398]]
licenses and the technical specifications.
Date of Initial Notice in Federal Register: March 25, 2008 (73 FR
15783). The supplement dated December 18, 2008, provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the staff's
original proposed no significant hazards consideration determination.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated March 9, 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 4, 2008, as
supplemented by letter dated January 28, 2009.
Brief Description of Amendment: The amendment revised the Technical
Specification (TS) Section 5.1, ``Site,'' to remove the restriction on
the sale and lease of site property and replace the restriction with a
requirement to retain complete authority to determine and maintain
sufficient control of all activities, including the authority to
exclude or remove personnel and property, within the minimum exclusion
area.
Date of Issuance: February 26, 2009.
Effective Date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 235.
Facility Operating License No. DPR-28: Amendment revised the
License and Technical Specifications.
Date of Initial Notice in Federal Register: November 4, 2008 (73 FR
65692). The supplemental letter dated January 28, 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 propos