Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Units 1 and 2; Exemption, 15778-15779 [E9-7808]
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices
PPL Susquehanna, LLC, Docket Nos. 50–
387 and 50–388, Susquehanna Steam
Electric Station, Units 1 and 2, Luzerne
County, Pennsylvania
Date of application for amendments:
July 31, 2008.
Brief description of amendments: The
amendments changed the PPL
Susquehanna, LLC (PPL) Units 1 and 2
Technical Specification 3.6.1.3
‘‘Primary Containment Isolation Valves
(PCIVs).’’ It revised the Secondary
Containment Bypass Leakage limit in
Surveillance Requirement 3.6.1.3.11
from ‘‘less than or equal to 9 standard
cubic foot/feet per hour (scfh)’’ to ‘‘less
than or equal to 15 scfh when
pressurized to greater than or equal to
Pa.’’
Date of issuance: March 18, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment Nos.: 251 for Unit 1 and
231 for Unit 2.
Facility Operating License Nos. NPF–
14 and NPF–22: The amendments
revised the License and Technical
Specifications.
Date of initial notice in Federal
Register: November 18, 2008 (73 FR
68455). The Commission’s related
evaluation of the amendments is
contained in a Safety Evaluation (SE)
dated March 18, 2009.
No significant hazards consideration
comments received: No. However,
comments have been received from the
Commonwealth of Pennsylvania and
have been addressed in the SE.
Virginia Electric and Power Company,
Docket Nos. 50–338 and 50–339, North
Anna Power Station, Units 1 and 2,
Louisa County, Virginia
Date of application for amendment:
March 19, 2008, as supplemented
October 7, 2008, November 17, 2008,
and December 10, 2008.
Brief description of amendment: The
amendments revise the technical
specifications (TSs) to (1) delete TS
3.7.13, ‘‘MCR/ESGR Bottled Air
System,’’ (2) create TS 3.3.6, ‘‘Main
Control Room/Emergency Switchgear
Room (MCR/ESGR) Envelope Isolation
Actuation Instrumentation,’’ to establish
the operability requirements for the
MCR/ESGR envelope isolation function,
and (3) incorporate TS 3.7.14, ‘‘MCR/
ESGR Emergency Ventilation During
Movement of Recently Irradiated Fuel
Assemblies,’’ into TS 3.7.10, ‘‘MCR/
ESGR Emergency Ventilation System.’’
The changes revise the TSs to be
consistent with the assumptions of the
current dose analysis of record,
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17:13 Apr 06, 2009
Jkt 217001
performed in accordance with Title 10
of the Code of Federal Regulations,
Section 50.67, ‘‘Accident Source Term,’’
and the results of the nonpressurized
MCR/ESGR envelope tracer gas testing.
Date of issuance: March 25, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 90 days from the date of
issuance.
Amendment Nos.: 255/236.
Renewed Facility Operating License
Nos. NPF–4 and NPF–7: Amendments
change the licenses and the technical
specifications.
Date of initial notice in Federal
Register: April 22, 2008 (73 FR 21661).
The supplements dated October 7, 2008,
November 17, 2008, and December 10,
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 25, 2009.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 30th of
March, 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–7494 Filed 4–6–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–315 and 50–316; NRC–
2009–0153]
Indiana Michigan Power Company;
Donald C. Cook Nuclear Plant, Units 1
and 2; Exemption
1.0
Background
The Indiana Michigan Power
Company (the licensee) is the holder of
Facility Operating License Nos. DPR–58
and DPR–74, which authorizes
operation of the Donald C. Cook Nuclear
Plant, Units 1 and 2. The licenses
provide, among other things, that the
facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect.
The facility consists of two
pressurized-water reactors located in
Berrien County in Michigan.
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2.0
Request/Action
Title 10 of the Code of Federal
Regulations, Part 50, Section 36a(a)(2)
(10 CFR 50.36a(a)(2)) requires each
licensee to submit a report to the
Commission annually that specifies the
quantity of each of the principal
radionuclides released to unrestricted
areas in liquid and in gaseous effluents
during the previous 12 months,
including any other information as may
be required by the Commission to
estimate maximum potential annual
radiation doses to the public resulting
from effluent releases. The report must
be submitted as specified in Section
50.4, and the time between report
submittals must be no longer than 12
months.
The licensee has proposed an
amendment to Technical Specification
5.6.3 to change the submittal date for
the report from ‘‘within 90 days of
January 1 of each year’’ to ‘‘prior to May
1 of each year.’’ Therefore, the licensee
has requested a one-time exemption
from the 12-month reporting criteria
specified in 10 CFR 50.36a(a)(2) for its
submittal of the 2008 Radioactive
Effluent Release Report.
In summary, the exemption does not
affect the information required to be
submitted or the time period the report
covers, only the date the report is
submitted.
3.0
Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR Part 50, when
(1) the exemptions are authorized by
law, will not present an undue risk to
public health or safety, and are
consistent with the common defense
and security; and (2) when special
circumstances are present. These
circumstances include the special
circumstances that would provide only
temporary relief from the applicable
regulation and the licensee or applicant
has made good faith efforts to comply
with the regulation.
Authorized by Law
This exemption would allow the
licensee to submit the 2008 Radioactive
Effluent Release Report prior to May 1,
2009, which would exceed the report
submittal requirement of no longer than
12 months specified in 10 CFR
50.36a(a)(2). As stated above, 10 CFR
50.12 allows the NRC to grant
exemptions from the requirements of 10
CFR Part 50. The NRC staff has
determined that granting of the
licensee’s proposed exemption will not
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices
result in a violation of the Atomic
Energy Act of 1954, as amended, or the
Commission’s regulations. Therefore,
the exemption is authorized by law.
No Undue Risk to Public Health and
Safety
The underlying purpose of the
reporting requirements specified in 10
CFR 50.36a(a)(2) is to report to the
Commission annually the quantity of
each of the principal radionuclides
released to unrestricted areas in liquid
and in gaseous effluents during the
previous 12 months, including any
other information as may be required by
the Commission to estimate maximum
potential annual radiation doses to the
public resulting from effluent releases.
This exemption does not affect the
information required to be submitted or
the time period the report covers, only
the date the report is submitted. Based
on the above, no new accident
precursors are created by extending the
submittal date for the 2008 Radioactive
Effluent Release Report to prior to May
1, 2009. Thus, the probability of
postulated accidents is not increased.
Also, based on the above, the
consequences of postulated accidents
are not increased. Therefore, there is no
undue risk to public health and safety.
Consistent With Common Defense and
Security
The proposed exemption would allow
the licensee to submit the 2008
Radioactive Effluent Release Report
prior to May 1, 2009, which would
exceed the report submittal requirement
of no longer than 12 months specified
in 10 CFR 50.36a(a)(2). This change has
no relation to security issues. Therefore,
the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(v), are present
whenever application of the regulation
would provide only temporary relief
from the applicable regulation and the
licensee or applicant has made good
faith efforts to comply with the
regulation. The underlying purpose of
the reporting requirement specified in
10 CFR 50.36a(a)(2) is to require each
licensee to submit a report to the
Commission annually that specifies the
quantity of each of the principal
radionuclides released to unrestricted
areas in liquid and in gaseous effluents,
including any other information as may
be required by the Commission to
estimate maximum potential annual
radiation doses to the public resulting
from effluent releases. The proposed
amendment does not affect the
VerDate Nov<24>2008
17:13 Apr 06, 2009
Jkt 217001
information required to be submitted or
the time period the report covers, only
the date the report is to be submitted.
The requested exemption provides
temporary relief from the regulation in
that it affords a one-time extension for
submitting the annual report. The
proposed amendment is an appropriate
means to ensure that future reports are
submitted on an annual basis as
required by 10 CFR 50.36a(a)(2).
Therefore, since the underlying purpose
of 10 CFR 50.36a(a)(2) is achieved, the
special circumstances of 10 CFR
50.12(a)(2)(v) for the granting of an
exemption from 10 CFR 50.36a(a)(2)
exists.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants Indian
Michigan Power Company a one-time
exemption from the requirements of 10
CFR 50.36a(a)(2), for Donald C. Cook
Nuclear Plant, Units 1 and 2.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (74 FR 9315)
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 30th 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. E9–7808 Filed 4–6–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–289; NRC–2009–0154]
Exelon Generation Company, LLC,
Three Mile Island Nuclear Station, Unit
No. 1; Exemption
1.0 Background
The Exelon Generation Company
(Exelon, the licensee, formerly AmerGen
Energy Company, LLC) is the holder of
Facility Operating License No. DPR–50
which authorizes operation of the Three
Mile Island Nuclear Station, Unit 1
(TMI–1). The license provides, among
other things, that the facility is subject
to all rules, regulations, and orders of
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Sfmt 4703
15779
the U.S. Nuclear Regulatory
Commission (NRC, the Commission)
now or hereafter in effect.
The facility consists of a pressurized
water reactor (PWR) located in Dauphin
County, Pennsylvania.
2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR), part 50, Section
50.48, requires that nuclear power
plants that were licensed before January
1, 1979, must satisfy the requirements of
10 CFR part 50, Appendix R, Section
III.G, ‘‘Fire protection of safe shutdown
capability.’’ TMI–1 was licensed to
operate prior to January 1, 1979. As
such, the licensee’s Fire Protection
Program (FPP) must satisfy the
established fire protection features of 10
CFR Part 50, Appendix R, Section III.G.
NRC Regulatory Information Summary
(RIS) 2006–10, ‘‘Regulatory Expectations
with Appendix R Paragraph III.G.2,
Operator Manual Actions,’’ noted that
NRC inspections identified that some
licensees had relied upon operator
manual actions, instead of the options
specified in 10 CFR part 50, Appendix
R, Section III.G.2 (III.G.2) as a
permanent solution to resolve issues
related to Thermo-Lag 330–1 fire
barriers.
In a letter dated February 4, 2008
(Agencywide Documents Access and
Management System (ADAMS)
Accession Number ML080350369),
supplemented by letter dated January
28, 2009 (ADAMS Accession Number
ML090280577), the licensee identified
one operator manual action that was
previously included in correspondence
with the NRC and found acceptable in
a fire protection-related Safety
Evaluation (SE) dated September 7,
1988 (ADAMS Accession Number
ML082060262). However, RIS 2006–10
identifies that an exemption under 10
CFR 50.12 is necessary for the use of
operator manual actions in lieu of the
requirements of III.G.2 even if the NRC
previously issued an SE that found the
manual actions acceptable.
The licensee also identified a second
operator manual action that was
previously permitted for use in a fire
area covered by 10 CFR part 50,
Appendix R, Section III.G.3 (III.G.3). As
such, an exemption was not required
because the action was found acceptable
as part of a safety evaluation for
alternate shutdown. However, since the
fire area of origin requiring this manual
action was reclassified as a III.G.2 area,
the manual action requires approval for
use in a III.G.2 area. Since III.G.2 is a
separate part of the rule and this action
is not considered previously approved
for III.G.2, the NRC has preformed a new
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]]>Agencies
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15778-15779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7808]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316; NRC-2009-0153]
Indiana Michigan Power Company; Donald C. Cook Nuclear Plant,
Units 1 and 2; Exemption
1.0 Background
The Indiana Michigan Power Company (the licensee) is the holder of
Facility Operating License Nos. DPR-58 and DPR-74, which authorizes
operation of the Donald C. Cook Nuclear Plant, Units 1 and 2. The
licenses provide, among other things, that the facility is subject to
all rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of two pressurized-water reactors located in
Berrien County in Michigan.
2.0 Request/Action
Title 10 of the Code of Federal Regulations, Part 50, Section
36a(a)(2) (10 CFR 50.36a(a)(2)) requires each licensee to submit a
report to the Commission annually that specifies the quantity of each
of the principal radionuclides released to unrestricted areas in liquid
and in gaseous effluents during the previous 12 months, including any
other information as may be required by the Commission to estimate
maximum potential annual radiation doses to the public resulting from
effluent releases. The report must be submitted as specified in Section
50.4, and the time between report submittals must be no longer than 12
months.
The licensee has proposed an amendment to Technical Specification
5.6.3 to change the submittal date for the report from ``within 90 days
of January 1 of each year'' to ``prior to May 1 of each year.''
Therefore, the licensee has requested a one-time exemption from the 12-
month reporting criteria specified in 10 CFR 50.36a(a)(2) for its
submittal of the 2008 Radioactive Effluent Release Report.
In summary, the exemption does not affect the information required
to be submitted or the time period the report covers, only the date the
report is submitted.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50, when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present. These circumstances include
the special circumstances that would provide only temporary relief from
the applicable regulation and the licensee or applicant has made good
faith efforts to comply with the regulation.
Authorized by Law
This exemption would allow the licensee to submit the 2008
Radioactive Effluent Release Report prior to May 1, 2009, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2). As stated above, 10 CFR 50.12 allows
the NRC to grant exemptions from the requirements of 10 CFR Part 50.
The NRC staff has determined that granting of the licensee's proposed
exemption will not
[[Page 15779]]
result in a violation of the Atomic Energy Act of 1954, as amended, or
the Commission's regulations. Therefore, the exemption is authorized by
law.
No Undue Risk to Public Health and Safety
The underlying purpose of the reporting requirements specified in
10 CFR 50.36a(a)(2) is to report to the Commission annually the
quantity of each of the principal radionuclides released to
unrestricted areas in liquid and in gaseous effluents during the
previous 12 months, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. This exemption does not
affect the information required to be submitted or the time period the
report covers, only the date the report is submitted. Based on the
above, no new accident precursors are created by extending the
submittal date for the 2008 Radioactive Effluent Release Report to
prior to May 1, 2009. Thus, the probability of postulated accidents is
not increased. Also, based on the above, the consequences of postulated
accidents are not increased. Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow the licensee to submit the 2008
Radioactive Effluent Release Report prior to May 1, 2009, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2). This change has no relation to
security issues. Therefore, the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v),
are present whenever application of the regulation would provide only
temporary relief from the applicable regulation and the licensee or
applicant has made good faith efforts to comply with the regulation.
The underlying purpose of the reporting requirement specified in 10 CFR
50.36a(a)(2) is to require each licensee to submit a report to the
Commission annually that specifies the quantity of each of the
principal radionuclides released to unrestricted areas in liquid and in
gaseous effluents, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. The proposed amendment
does not affect the information required to be submitted or the time
period the report covers, only the date the report is to be submitted.
The requested exemption provides temporary relief from the regulation
in that it affords a one-time extension for submitting the annual
report. The proposed amendment is an appropriate means to ensure that
future reports are submitted on an annual basis as required by 10 CFR
50.36a(a)(2). Therefore, since the underlying purpose of 10 CFR
50.36a(a)(2) is achieved, the special circumstances of 10 CFR
50.12(a)(2)(v) for the granting of an exemption from 10 CFR
50.36a(a)(2) exists.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants Indian Michigan Power Company a
one-time exemption from the requirements of 10 CFR 50.36a(a)(2), for
Donald C. Cook Nuclear Plant, Units 1 and 2.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (74 FR 9315)
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th 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. E9-7808 Filed 4-6-09; 8:45 am]
BILLING CODE 7590-01-P
