Crystal River Unit 3; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 29732-29734 [E9-14686]
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29732
Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
6. Request For Additional Information
dated April 30, 2008 (ML081260393);
and
7. Deficiency Response Letter dated
December 11, 2008 (ML083520561).
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, Pennsylvania this 15th day
of June 2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–14684 Filed 6–22–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2009–0256]
Crystal River Unit 3; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
72 issued to Florida Power Corporation,
et al (the licensee) for operation of the
Crystal River Unit No. 3 Nuclear
Generating Plant, located in Citrus
County, Florida.
The proposed amendment would
revise the Crystal River Unit 3 (CR–3)
Final Safety Analysis Report (FSAR)
Sections 5.4.3, ‘‘Structural Design
Criteria’’ and 5.4.5.3, ‘‘Missile
Analysis,’’ to include a statement
regarding the design of the east wall of
the CR–3 Auxiliary Building. The
amendment would change the
methodology used to qualify the east
wall of the Auxiliary Building. The
current methodology used the methods
in American Concrete Institute (ACI)
standard 318–63, ‘‘Building Code
Requirements for Reinforced Concrete,’’
June 1963. The proposed methodology
is based on ACI 349–97, ‘‘Code
Requirements for Nuclear Safety Related
Concrete Structures,’’ as endorsed by
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16:15 Jun 22, 2009
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the Standard Review Plan (NUREG
0800), Revision 2—March 2007, Section
3.8.4 ‘‘Other Seismic Category 1
Structures.’’
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
The proposed LAR will revise the
methodology used to qualify the east wall of
the CR–3 Auxiliary Building for all expected
and postulated loads including tornado wind
and missile loading. The Yield Line Theory
methodology is an industry standard that is
used for the design and analysis of concrete
slabs and is applied to CR–3 in accordance
with American Concrete Institute (ACI) 349–
97, ‘‘Code Requirements for Nuclear Safety
Related Concrete Structures.’’ A change in
the methodology of an analysis used to verify
qualification of an existing structure will not
have any impact on the probability of
accidents previously evaluated.
The analysis performed demonstrates that
the CR–3 Auxiliary Building east wall will
remain structurally intact following the worst
case loadings assumed in the calculation.
Therefore, this proposed change does not
involve a significant increase in the
probability or consequences previously
evaluated.
2. Does not create the possibility of a new
or different kind of accident from any
accident previously evaluated.
The function of the CR–3 Auxiliary
Building wall is to house and protect the
equipment that is important to safety from
damage during normal operation, transients,
and design basis accidents. The use of ACI
349–97 for qualifying the east wall of the CR–
3 Auxiliary Building has no impact on the
capability of the structure. A calculation that
uses the Yield Line Theory methodology
demonstrated that the structure meets
required design criteria. This ensures that the
wall is capable of performing its design basis
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Fmt 4703
Sfmt 4703
function without alteration or compensatory
actions of any kind. No changes to any plant
system, structure, or component (SSC) are
proposed. No changes to any plant operating
practices, procedures, computer firmware/
software will occur.
Therefore, the proposed change will not
create the possibility of new or different type
of accident from any previously evaluated.
3. Does not involve a significant reduction
in a margin on safety.
The design basis of the plant requires
structures to be capable of withstanding
normal and accident loads including those
from a design basis tornado. The
requirements of ACI 349–97, as applied in an
approved plant calculation, demonstrated
that the east wall of the CR–3 Auxiliary
Building is capable of performing its design
function. There is a slight reduction in
conservatism between the method used for
the remaining Class 1 structures, ACI 318–63
and ACI 349–97, but the calculation
performed validates the requirement that the
east wall of the Auxiliary Building will
protect the important to safety systems,
structures, and components located in
proximity to the wall from damage.
Therefore, the proposed change does not
involve a significant reduction in the margin
of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
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
E:\FR\FM\23JNN1.SGM
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Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
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 and
Directives Branch, TWB–05–B01M,
Division of Administrative Services,
Office of Administration, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, and should cite the
publication date and page number of
this Federal Register notice. Documents
may be examined, and/or copied for a
fee, at the NRC’s Public Document
Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland.
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 O1 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
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16:15 Jun 22, 2009
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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 identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
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document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the Internet, or in some cases to
mail copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
a waiver in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/
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
E:\FR\FM\23JNN1.SGM
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Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/
e-submittals.html or by calling the NRC
electronic filing Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
electronic filing Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
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 or the presiding officer of
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR § 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
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16:15 Jun 22, 2009
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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
submissions.
For further details with respect to this
license amendment application, see the
application for amendment dated June
3, 2008, as supplemented by letters
dated April 8 and May 22, 2009, which
is available for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 16th day
of June, 2009.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Senior Project Manager, Plant Licensing
Branch II–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–14686 Filed 6–22–09; 8:45 am]
AGENCY HOLDING THE MEETINGS:
Nuclear
Regulatory Commission.
Weeks of June 22, 29, July 6, 13,
20, 27, 2009.
DATE:
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
Public and Closed.
Fmt 4703
Friday, June 26, 2009
9:30 a.m.
Discussion of Security Issues
(Closed—Ex. 3).
Week of June 29, 2009—Tentative
Tuesday, June 30, 2009
1 p.m.
Affirmation Session (Public Meeting)
(Tentative).
U.S. Department of Energy (HighLevel Waste Repository) Appeals of
First Prehearing Conference Order
(Tentative).
Week of July 6, 2009—Tentative
There are no meetings scheduled for
the week of July 6, 2009.
Week of July 13, 2009—Tentative
There are no meetings scheduled for
the week of July 13, 2009.
Week of July 27, 2009—Tentative
Sunshine Federal Register Notice
Frm 00079
1:25 p.m.
Affirmation Session (Public Meeting)
(Tentative).
a. Crow Butte Resources, Inc. (License
Amendment for the North Trend
Expansion Area), Staff and
Applicant Appeals of LBP–08–6
and LBP–09–1, Granting Hearing
and Admitting Contentions
(Tentative).
b. Southern Nuclear Operating Co.
(Vogtle Electric Generating Plant,
Units 3 and 4), LBP–09–3 (Ruling
on Standing and Contention
Admissibility) (Tentative).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m.
Meeting with Advisory Committee on
the Medical Uses of Isotopes (Public
Meeting) (Contact: Ashley
Cockerham, 240–888–7129).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
There are no meetings scheduled for
the week of July 20, 2009.
NUCLEAR REGULATORY
COMMISSION
PO 00000
Thursday, June 25, 2009
Week of July 20, 2009—Tentative
BILLING CODE 7590–01–P
STATUS:
Week of June 22, 2009
Sfmt 4703
There are no meetings scheduled for
the week of July 27, 2009.
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
E:\FR\FM\23JNN1.SGM
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Agencies
[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29732-29734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14686]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2009-0256]
Crystal River Unit 3; Notice of Consideration of Issuance of
Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-72 issued to Florida Power Corporation, et al (the licensee) for
operation of the Crystal River Unit No. 3 Nuclear Generating Plant,
located in Citrus County, Florida.
The proposed amendment would revise the Crystal River Unit 3 (CR-3)
Final Safety Analysis Report (FSAR) Sections 5.4.3, ``Structural Design
Criteria'' and 5.4.5.3, ``Missile Analysis,'' to include a statement
regarding the design of the east wall of the CR-3 Auxiliary Building.
The amendment would change the methodology used to qualify the east
wall of the Auxiliary Building. The current methodology used the
methods in American Concrete Institute (ACI) standard 318-63,
``Building Code Requirements for Reinforced Concrete,'' June 1963. The
proposed methodology is based on ACI 349-97, ``Code Requirements for
Nuclear Safety Related Concrete Structures,'' as endorsed by the
Standard Review Plan (NUREG 0800), Revision 2--March 2007, Section
3.8.4 ``Other Seismic Category 1 Structures.''
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Section 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
The proposed LAR will revise the methodology used to qualify the
east wall of the CR-3 Auxiliary Building for all expected and
postulated loads including tornado wind and missile loading. The
Yield Line Theory methodology is an industry standard that is used
for the design and analysis of concrete slabs and is applied to CR-3
in accordance with American Concrete Institute (ACI) 349-97, ``Code
Requirements for Nuclear Safety Related Concrete Structures.'' A
change in the methodology of an analysis used to verify
qualification of an existing structure will not have any impact on
the probability of accidents previously evaluated.
The analysis performed demonstrates that the CR-3 Auxiliary
Building east wall will remain structurally intact following the
worst case loadings assumed in the calculation. Therefore, this
proposed change does not involve a significant increase in the
probability or consequences previously evaluated.
2. Does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
The function of the CR-3 Auxiliary Building wall is to house and
protect the equipment that is important to safety from damage during
normal operation, transients, and design basis accidents. The use of
ACI 349-97 for qualifying the east wall of the CR-3 Auxiliary
Building has no impact on the capability of the structure. A
calculation that uses the Yield Line Theory methodology demonstrated
that the structure meets required design criteria. This ensures that
the wall is capable of performing its design basis function without
alteration or compensatory actions of any kind. No changes to any
plant system, structure, or component (SSC) are proposed. No changes
to any plant operating practices, procedures, computer firmware/
software will occur.
Therefore, the proposed change will not create the possibility
of new or different type of accident from any previously evaluated.
3. Does not involve a significant reduction in a margin on
safety.
The design basis of the plant requires structures to be capable
of withstanding normal and accident loads including those from a
design basis tornado. The requirements of ACI 349-97, as applied in
an approved plant calculation, demonstrated that the east wall of
the CR-3 Auxiliary Building is capable of performing its design
function. There is a slight reduction in conservatism between the
method used for the remaining Class 1 structures, ACI 318-63 and ACI
349-97, but the calculation performed validates the requirement that
the east wall of the Auxiliary Building will protect the important
to safety systems, structures, and components located in proximity
to the wall from damage.
Therefore, the proposed change does not involve a significant
reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
[[Page 29733]]
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
and Directives Branch, TWB-05-B01M, Division of Administrative
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Documents may be examined,
and/or copied for a fee, at the NRC's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
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 O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner to relief. A petitioner/requestor
who fails to satisfy these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/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
[[Page 29734]]
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the documents on those participants separately.
Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday, excluding government holidays. The electronic
filing Help Desk can be contacted by telephone at 1-866-672-7640 or by
e-mail at MSHD.Resource@nrc.gov.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition and/
or request should be granted and/or the contentions should be admitted,
based on a balancing of the factors specified in 10 CFR Sec.
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 submissions.
For further details with respect to this license amendment
application, see the application for amendment dated June 3, 2008, as
supplemented by letters dated April 8 and May 22, 2009, which is
available for public inspection at the Commission's PDR, located at One
White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the ADAMS Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 16th day of June, 2009.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-14686 Filed 6-22-09; 8:45 am]
BILLING CODE 7590-01-P