Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 37245-37252 [E9-17699]
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
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ad hoc Committee on Nominations for
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Ann Ferrante,
Technical Writer/Editor.
[FR Doc. E9–17999 Filed 7–24–09; 4:15 pm]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0324]
Closed Session: 9:00 a.m.–9:15 a.m.,
Room 1235
• FY 2011 Budget for OIG.
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
Committee on Strategy and Budget
(CSB)
I. Background
Open Session: 9:15 a.m.–10:15 a.m.,
Room 1235
• Approval of Minutes:
Æ May 13–14, 2009 Provisional
Minutes;
Æ June 26, 2009 Teleconference
Provisional Minutes;
Æ July 24, 2009 Teleconference
Provisional Minutes.
• Committee Chairman’s Remarks.
• Subcommittee on Facilities (SCF)
Update.
• NSF Budget Discussion.
Æ FY 2010 Budget update;
Æ FY 2009 Budget and ARRA update.
• Other Committee Business.
Committee on Strategy and Budget
(CSB)
Closed Session: 10:15 a.m.–10:45 a.m.,
Room 1235
• Discussion of the FY 2011 OMB
Budget Submission.
Plenary Executive Closed
Open Session: 11:15 a.m.–11:30 a.m.,
Room 1295
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Committee on Audit and Oversight
(A&O)
37245
Closed Session: 10:45 a.m.–11:00 a.m.,
Room 1235
• Approval of Plenary Executive
Closed Minutes, May 2009;
• Approval of Nominations
Committee Recommendations.
Plenary Closed
Closed Session: 11:00 a.m.–11:45 a.m.,
Room 1235
• Approval of Plenary Closed
Minutes, May 2009;
• Awards and Agreements;
• Closed Committee Reports.
Plenary Open
Open Session: 1 p.m.–3 p.m., Room
1235
• Director’s Award for Collaborative
Integration;
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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)
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 July 2, 2009
to July 15, 2009. The last biweekly
notice was published on July 14, 2009
(74 FR 34044).
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
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. The basis for this
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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 and
Directives Branch (RDB), 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. Written comments may also be
faxed to the RDB at 301–492–3446.
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
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,
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located at One White Flint North, Public
File Area O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner/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
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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, 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
an exemption 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 should 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
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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
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
Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
Meta-System 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 an
exemption request, in accordance with
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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 request and/or petition should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings, 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 which is
available for public inspection at the
Commission’s PDR, located at One
White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible from
the ADAMS Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
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37247
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 at 1–800–397–
4209, 301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
Arizona Public Service Company, et al.,
Docket Nos. STN 50–528, STN 50–529,
and STN 50–530, Palo Verde Nuclear
Generating Station, Units 1, 2, and 3,
Maricopa County, Arizona
Date of Amendment Request: May 28,
2009.
Description of Amendment Request:
The amendments would delete those
portions of the Technical Specifications
(TSs) for Palo Verde Nuclear Generating
Station, Units 1, 2, and 3 that are
superseded by the new requirements
regarding working hours for nuclear
plant staff in 10 CFR part 26, subpart I.
This change is consistent with U.S.
Nuclear Regulatory Commission (NRC)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.’’
The NRC issued a ‘‘Notice of
Availability of Model Safety Evaluation,
Model No Significant Hazards
Determination, and Model Application
for Licensees That Wish to Adopt
TSTF–511, Revision 0, ‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR part 26,’ ’’ in the Federal Register
on December 30, 2008 (73 FR 79923). In
its application dated May 28, 2009, the
licensee affirmed the applicability of the
model no significant hazards
consideration.
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 concurrent
with or after the implementation of the 10
CFR Part 26, Subpart I, requirements. In the
event NRC approval for the requested
amendment is not obtained before October 1,
2009, the amendment shall be implemented
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within 30 days of NRC approval and APS
[Arizona Public Service Company] shall
comply with the new 10 CFR 26, Subpart I,
requirements and current Technical
Specifications until the approved TS changes
are implemented. 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 shutdown the plant and to maintain
the plant in a safe shutdown condition.
Removal of plant-specific Technical
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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 that
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the request
for amendments involves no significant
hazards consideration.
Attorney for licensee: Michael G.
Green, Senior Regulatory Counsel,
Pinnacle West Capital Corporation, P.O.
Box 52034, Mail Station 8695, Phoenix,
Arizona 85072–2034.
NRC Branch Chief: Michael T.
Markley.
FirstEnergy Nuclear Operating
Company, et al., Docket No. 50–346,
Davis-Besse Nuclear Power Station, Unit
No. 1, Ottawa County, Ohio
Date of Amendment Request: June 2,
2009.
Description of Amendment Request:
The proposed amendment would revise
the Davis-Besse Nuclear Power Station,
Unit No. 1 (DBNPS) Technical
Specifications (TS) 3.3.9, ‘‘Source Range
Neutron Flux,’’ and TS 3.9.2, ‘‘Nuclear
Instrumentation,’’ to exclude testing the
source range neutron flux instrument
channel preamplifier from the
CHANNEL CALIBRATION requirements
of the source range neutron flux
instrument channels.
Basis for Proposed No Significant
Hazards Consideration Determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed TS change excludes the
source range neutron flux instrument
channel preamplifier from the CHANNEL
CALIBRATION requirements for the source
range neutron flux instrument channel. The
source range neutron flux instrument
channels are not involved in accident
mitigation. The failure of a source range
neutron flux channel does not initiate an
accident or transient event. The proposed TS
change does not alter the design or function
of the source range neutron flux instrument
channels, since no physical changes are
being made to the plant. The availability of
additional equipment to provide source range
indication for comparison with the source
range neutron flux instrument channels
provides assurance of channel operation.
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Therefore, the proposed TS 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 TS change excludes the
source range neutron flux instrument
channel preamplifier from the CHANNEL
CALIBRATION requirements for the source
range neutron flux instrument channel.
Based upon the current channel testing
performed and the availability of alternate
source range neutron flux indication for
comparison, the operation of the source range
neutron flux instrument channel is assured.
The proposed TS change does not introduce
any failure mechanisms of a different type
than those previously evaluated since no
physical changes to the plant are being made.
No new or different equipment is being
installed, and no installed equipment is
being operated in a different manner.
Therefore, the proposed TS 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 proposed TS change excludes the
source range neutron flux instrument
channel preamplifier from the CHANNEL
CALIBRATION requirements for the source
range neutron flux instrument channel.
Based upon the current channel testing
performed and the availability of alternate
source range neutron flux indication for
comparison, the operation of the source range
neutron flux instrument channel is assured.
The proposed TS change does not alter the
design or function of the source range
neutron flux instrument channels since no
physical changes are being made to the plant.
Therefore, the proposed TS change does
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: David W.
Jenkins, Attorney, FirstEnergy
Corporation, Mail Stop A–GO–15, 76
South Main Street, Akron, OH 44308.
NRC Branch Chief: Stephen J.
Campbell.
Northern States Power Company,
Docket No. 50–263, Monticello Nuclear
Generating Plant, Wright County,
Minnesota
Date of Amendment Request: May 29,
2009.
Description of Amendment Request:
The proposed amendment would revise
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Table 3.3.6.1–1, ‘‘Primary Containment
Isolation Instrumentation,’’ of the
Technical Specifications (TS) by adding
operational Mode 3, in addition to
Modes 1 and 2 currently specified, to
the Standby Liquid Control (SLC)
System initiation applicability under
the Reactor Water Cleanup (RWCU)
System. This change would have the
effect of aligning the required modes of
applicability for the RWCU System
isolation function to SLC System
initiation. This is correction of a
discrepancy that exists between this
table and Specification 3.1.7, ‘‘Standby
Liquid Control (SLC) System,’’ which
specifies that the applicability of the
SLC System is for Modes 1, 2, and 3.
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:
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
There will be no change to the manner in
which the SLC System or the RWCU System
is operated. This change aligns the
requirements in one part of the TS with
requirements imposed in another portion of
the TS. No new requirements are introduced.
The proposed change improves the TS by
removing an internal inconsistency and as
such does not reduce or involve a significant
reduction in a margin of safety.
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to the applicability of
this function does not change the actual
conditions, operating configurations, or
minimum amount of operating equipment
assumed in the safety analysis for accident
mitigation.
The proposed change does not require any
physical change to any plant systems,
structures, or components nor does it require
any change in systems or plant operations.
The proposed change does not require any
change in safety analysis methods or results.
The SLC System is not an accident initiator.
The proposed change to align the required
modes of applicability for the RWCU
isolation function on SLC initiation provide
consistency with the previously NRC
approved full-scope alternative source term
(AST) analysis [Amendment No. 148] and
hence do not involve a significant increase in
the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
There are no hardware changes nor are
there any changes in the method by which
any plant systems perform a safety function.
This request does not affect the normal
method of plant operation.
The proposed change does not introduce
new equipment, which could create a new or
different kind of accident. No new equipment
failure modes are created. No new accident
scenarios failure mechanisms, or limiting
single failures are introduced as a result of
this request. Therefore, the implementation
of the proposed change will not create a
possibility for an accident of a new or
different type than those previously
evaluated.
Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant, Units 1, 2
and 3, Limestone County, Alabama
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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: Peter M. Glass,
Assistant General Counsel, Xcel Energy
Services, Inc., 414 Nicollet Mall,
Minneapolis, MN 55401.
NRC Branch Chief: Lois M. James.
Date of Amendment Request: April
24, 2009 (TS–464).
Description of Amendment Request:
The proposed changes would revise the
Technical Specifications (TS) Bases
sections 3.1.6, ‘‘Rod Pattern Control,’’
and 3.3.2.1, ‘‘Control Rod Block
Instrumentation’’ to allow the Browns
Ferry units to reference in the improved
control rod banked position withdrawal
sequence (BPWS) when performing a
reactor shutdown. In addition, the
proposed changes would add a footnote
to TS Table 3.3.2.1–1, ‘‘Control Rod
Block Instrumentation.’’
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. Consistent with the
consolidated line item improvement
process (CLIIP) the licensee referenced
the no significant hazards consideration
published on May 23, 2007 (72 FR
29004) which is provided below:
Criterion 1: The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an
Accident Previously Evaluated
The proposed changes modify the TS to
allow the use of the improved banked
position withdrawal sequence (BPWS) during
shutdowns if the conditions of NEDO–
33091–A, Revision 2, ‘‘Improved BPWS
Control Rod Insertion Process,’’ July 2004,
have been satisfied. The staff finds that the
licensee’s justifications to support the
specific TS changes are consistent with the
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approved topical report and TSTF–476,
Revision 1. Since the change only involves
changes in control rod sequencing, the
probability of an accident previously
evaluated is not significantly increased, if at
all. The consequences of an accident after
adopting TSTF–476 are no different than the
consequences of an accident prior to
adopting TSTF–476. Therefore, the
consequences of an accident previously
evaluated are not significantly affected by
this change. Therefore, this change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
Criterion 2: The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident From Any Previously
Evaluated.
The proposed change will not introduce
new failure modes or effects and will not, in
the absence of other unrelated failures, lead
to an accident whose consequences exceed
the consequences of accidents previously
evaluated. The control rod drop accident
(CRDA) is the design basis accident for the
subject TS changes. This change does not
create the possibility of a new or different
kind of accident from an accident previously
evaluated.
Criterion 3: The Proposed Change Does Not
Involve a Significant Reduction in the
Margin of Safety
The proposed change, TSTF–476, Revision
1, incorporates the improved BPWS,
previously approved in NEDO–33091–A, into
the improved TS. The control rod drop
accident (CRDA) is the design basis accident
for the subject TS changes. In order to
minimize the impact of a CRDA, the BPWS
process was developed to minimize control
rod reactivity worth for BWR plants. The
proposed improved BPWS further simplifies
the control rod insertion process, and in
order to evaluate it, the staff followed the
guidelines of Standard Review Plan Section
15.4.9, and referred to General Design
Criterion 28 of Appendix A to 10 CFR Part
50 as its regulatory requirement. The TSTF
stated the improved BPWS provides the
following benefits: (1) Allows the plant to
reach the all-rods-in condition prior to
significant reactor cool down, which reduces
the potential for re-criticality as the reactor
cools down; (2) reduces the potential for an
operator reactivity control error by reducing
the total number of control rod
manipulations; (3) minimizes the need for
manual scrams during plant shutdowns,
resulting in less wear on control rod drive
(CRD) system components and CRD
mechanisms; and, (4) eliminates unnecessary
control rod manipulations at low power,
resulting in less wear on reactor manual
control and CRD system components. The
addition of procedural requirements and
verifications specified in NEDO–33091–A,
along with the proper use of the BPWS will
prevent a control rod drop accident (CRDA)
from occurring while power is below the low
power setpoint (LPSP). The net change to the
margin of safety is insignificant. Therefore,
this change does not involve a significant
reduction in a margin of safety.
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The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for Licensee: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A,
Knoxville, Tennessee 37902.
NRC Branch Chief: Thomas H. Boyce.
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Union Electric Company, Docket No.
50–483, Callaway Plant, Unit 1,
Callaway County, Missouri
Date of Amendment Request: May 4,
2009.
Description of Amendment Request:
The proposed amendment would delete
the working hours restrictions in
paragraph d of Technical Specification
(TS) 5.2.2, ‘‘Unit Staff.’’ The restrictions
would be deleted because they are
superseded by Title 10 of Code of
Federal Regulations (CFR) Part 26,
Subpart I, consistent with U.S. Nuclear
Regulatory Commission (NRC)-approved
TS Task Force (TSTF) change traveler
TSTF–511, Revision 0, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR part 26.’’
The NRC issued a ‘‘Notice of
Availability of Model Safety Evaluation,
Model No Significant Hazards
Determination, and Model Application
for Licensees That Wish to Adopt
TSTF–511, Revision 0, ‘Eliminate
Working Hour Restriction From TS 5.2.2
To Support Compliance with 10 CFR
Part 26’ ’’ in Federal Register on
December 30, 2008 (73 FR 79923). In its
application dated May 4, 2009, the
licensee affirmed the applicability of the
model no significant hazards
consideration.
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: Does the proposed amendment
involve a significant increase in the
probability or consequences of an accident
previously evaluated?
Response: No.
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 26. Removal
of the TS requirements will be performed
concurrently with the implementation of the
10 CFR 26, subpart I, requirements. The
proposed change does not impact the
physical configuration or function of plant
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19:36 Jul 27, 2009
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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: Does the proposed amendment
create the possibility of a new or different
kind of accident from any accident
previously evaluated?
Response: No.
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 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: Does the proposed amendment
involve a significant reduction in a margin of
safety?
Response: No.
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 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 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.
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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: John O’Neill,
Esq., Pillsbury Winthrop Shaw Pittman
LLP, 2300 N Street, NW., Washington,
DC 20037.
NRC Branch Chief: Michael T.
Markley.
Previously Published Notices of
Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The following notices were previously
published as separate individual
notices. The notice content was the
same as above. They were published as
individual notices either because time
did not allow the Commission to wait
for this biweekly notice or because the
action involved exigent circumstances.
They are repeated here because the
biweekly notice lists all amendments
issued or proposed to be issued
involving no significant hazards
consideration.
For details, see the individual notice
in the Federal Register on the day and
page cited. This notice does not extend
the notice period of the original notice.
Carolina Power & Light Company, et al.,
Docket No. 50–400, Shearon Harris
Nuclear Power Plant, Unit 1, Wake and
Chatham Counties, North Carolina
Date of Amendment Request: May 29,
2008, as supplemented by letters dated
November 14 and December 11, 2008.
Description of Amendment Request:
The proposed amendment would
transition the fire protection program to
a performance-based, risk-informed one
based on the National Fire Protection
Association (NFPA) Standard 805,
‘‘Performance-Based Standard for Fire
Protection For Light Water Reactor
Generating Plants,’’ 2001 Edition, in
accordance with 10 CFR 50.48(c). NFPA
805 allows the use of performance-based
methods, such as fire modeling, and
risk-informed methods, such as Fire
Probabilistic Risk Assessment, to
demonstrate compliance with the
nuclear safety performance criteria.
Date of Publication of Individual
Notice in Federal Register: June 19,
2009 (74 FR 29241).
Expiration Date of Individual Notice:
August 18, 2009.
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Florida Power Corporation, et al.,
Docket No. 50–302, Crystal River Unit
No. 3 Nuclear Generating Plant, Citrus
County, Florida
Date of Amendment Request: June 3,
2008, as supplemented by letters dated
November 17, 2008, and April 8 and
May 22, 2009.
Brief Description of Amendment
Request: The proposed amendment
would revise the Crystal River Unit 3
(CR–3) Final Safety Analysis Report
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
NRC’s Standard Review Plan (NUREG
0800), Revision 2—March 2007, Section
3.8.4 ‘‘Other Seismic Category 1
Structures.’’
Date of Publication of Individual
Notice in Federal Register: June 23,
2008 (74 FR 29732).
Expiration Date of Individual Notice:
August 24, 2009.
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Notice of Issuance of Amendments to
Facility Operating Licenses
During the period since publication of
the last biweekly notice, the
Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing in
connection with these actions was
published in the Federal Register as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
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19:36 Jul 27, 2009
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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.
Carolina Power & Light Company, et al.,
Docket No. 50–400, Shearon Harris
Nuclear Power Plant, Unit 1, Wake and
Chatham Counties, North Carolina
Date of Application for Amendment:
February 26, 2009.
Brief Description of Amendment: The
proposed amendment would delete the
Technical Specifications (TS)
requirements related to hydrogen
recombiners and hydrogen monitors.
The proposed TS changes support
implementation of the revisions to 10
CFR 50.44, ‘‘Standards for Combustible
Gas Control System in Light-WaterCooled Power Reactors,’’ which became
effective on October 16, 2003. These
changes are consistent with Revision 1
of the NRC-approved Technical
Specifications Task Force (TSTF)
Standard Technical Specification
Change Traveler TSTF–447,
‘‘Elimination of Hydrogen Recombiners
and Change to Hydrogen and Oxygen
Monitors.’’ This technical specification
improvement was initially made
available in the Federal Register by the
NRC on September 25, 2003 (68 FR
55416).
Date of Issuance: July 2, 2009.
Effective Date: Effective as of the date
of issuance and shall be implemented
within 90 days.
Amendment No.: 131.
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Renewed Facility Operating License
No. NPF–63: The amendment revises
the Technical Specifications and
Facility Operating License.
Date of Initial Notice in Federal
Register: June 2, 2009 (74 FR 26431).
The Commission’s related evaluation of
the amendment and final NSHC
determination are contained in a safety
evaluation dated July 2, 2009.
Public Comments Requested as to
Proposed No Significant Hazards
Consideration (NSHC): 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:
February 24, 2009.
Brief Description of Amendment: The
proposed amendment would revise the
Technical Specification (TS)
Surveillance Requirement (SR) that
governs operability testing of the
pressure suppression chamber-drywell
vacuum breakers to incorporate the SR
contained within the Standard
Technical Specifications (STS),
NUREG–1433 and delete the SR that
requires inspection of the pressure
suppression chamber-drywell vacuum
breakers. This requirement is replaced
with the STS SR 3.6.1.8.2 to perform
operability testing within 12 hours after
the discharge of steam into the
suppression chamber from the safety/
relief valves or following operation that
causes any of the vacuum breakers to
open.
Date of Issuance: July 6, 2009.
Effective Date: As of the date of
issuance, and shall be implemented
within 60 days.
Amendment No.: 238.
Facility Operating License No. DPR–
28: Amendment revised the License and
Technical Specifications.
Date of Initial Notice in Federal
Register: April 7, 2009 (74 FR 15770).
No Significant Hazards Consideration
Comments Received: No.
Entergy Nuclear Vermont Yankee, LLC
and Entergy Nuclear Operations, Inc.,
Docket No. 50–271, Vermont Yankee
Nuclear Power Station, Vernon,
Vermont
Date of Application for Amendment:
September 22, 2008, as supplemented
by letter dated October 31, 2008.
Brief Description of Amendment: The
proposed amendment would relocate
the contents of the Vermont Yankee
(VY) Technical Specification relating to
the Reactor Building crane to the VY
Technical Requirements Manual.
Date of Issuance: July 13, 2009.
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Effective Date: As of the date of
issuance, and shall be implemented
within 60 days.
Amendment No.: 239.
Facility Operating License No. DPR–
28: Amendment revised the License and
Technical Specifications.
Date of initial notice in Federal
Register: November 18, 2008 (73 FR
68454). The supplemental letter dated
October 31, 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 this
amendment is contained in a Safety
Evaluation dated July 13, 2009.
No Significant Hazards Consideration
Comments Received: No.
Northern States Power Company—
Minnesota, Docket No. 50–263,
Monticello Nuclear Generating Plant,
Wright County, Minnesota
Date of Application for Amendment:
June 26, 2008, as supplemented on
January 27 and July 2, 2009.
Brief Description of Amendment: The
amendment revised the MNGP
Technical Specifications (TS), changing
the Required Actions and Completion
Times in TS 3.5.1, ‘‘ECCS [Emergency
Core Cooling System]—Operating,’’ to
allow a 72-hour completion time to
restore a low-pressure ECCS subsystem
to operable status after discovery of two
low-pressure ECCS subsystems
inoperable.
Date of Issuance: July 10, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 90 days of issuance.
Amendment No.: 162.
Facility Operating License No. DPR–
22: Amendment revised the Technical
Specifications.
Date of Initial Notice in Federal
Register: August 12, 2008 (73 FR
46930). The supplemental letters
contained clarifying information and
did not change the initial no significant
hazards consideration determination,
and did not expand the scope of the
original Federal Register notice.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated July 10, 2009.
No Significant Hazards Consideration
Comments Received: No.
Northern States Power Company—
Minnesota, Docket Nos. 50–282 and 50–
306, Prairie Island Nuclear Generating
Plant, Units 1 and 2, Goodhue County,
Minnesota
Date of Application for Amendments:
June 26, 2008, as supplemented by
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19:36 Jul 27, 2009
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letters dated August 4, August 26, and
November 14, 2008, and January 30,
February 9, February 20, March 12, and
May 4 (2 letters), 2009.
Brief Description of Amendments: The
amendments revise the Technical
Specifications (TSs) for Prairie Island
Nuclear Generating Plant, Units 1 and 2,
to allow the use of Westinghouse 422
VANTAGE+ nuclear fuel and make
changes to certain references in the
Design Features section of the TSs.
Date of Issuance: July 1, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 90 days.
Amendment Nos.: 192, 181.
Facility Operating License Nos. DPR–
42 and DPR–60: Amendments revised
the Technical Specifications.
Date of Initial Notice in Federal
Register: September 23, 2008 (73 FR
54866). The supplemental letters
contained clarifying information and
did not change the initial no significant
hazards consideration determination,
and did not expand the scope of the
original Federal Register notice.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated July 1, 2009.
No Significant Hazards Consideration
Comments Received: No.
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:
February 20, 2009.
Brief Description of Amendments: The
amendments modified Technical
Specifications (TS) requirements related
to control room envelope habitability in
TS 3.7.3, ‘‘Plant Systems Control Room
Emergency Outside Air Supply
(CREOAS) System,’’ and TS Section 5.5,
‘‘Administrative Controls Programs and
Manuals.’’
Date of Issuance: July 6, 2009.
Effective Date: As of the date of
issuance to be implemented within 180
days.
Amendment Nos.: 252 for Unit 1 and
232 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: April 21, 2009 (74 FR 18256).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated July 6, 2009.
No Significant Hazards Consideration
Comments Received: No.
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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:
March 24, 2009.
Brief Description of Amendments: The
amendments deleted Technical
Specification (TS) Section 5.2.2.e,
which is superseded by Title 10 of the
Code of Federal Regulations (10 CFR)
Part 26, ‘‘Fitness For Duty Programs,’’
Subpart I, ‘‘Managing Fatigue.’’ This
change is consistent with U.S. Nuclear
Regulatory Commission approved
Revision 0 to Technical Specification
Task Force 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.’’
Date of Issuance: July 13, 2009.
Effective Date: As of the date of
issuance and shall be implemented
within 30 days.
Amendment Nos.: 253 for Unit 1 and
233 for Unit 2.
Facility Operating License Nos. NPF–
14 and NPF–22: The amendments
revised the Licenses and Technical
Specifications.
Date of initial notice in Federal
Register: May 5, 2009, (74 FR 20752).
The Commission’s related evaluation of
the amendments is contained in a Safety
Evaluation dated July 13, 2009.
No Significant Hazards Consideration
Comments Received: No.
Dated at Rockville, Maryland, this 17th day
of July 2009.
For The Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–17699 Filed 7–27–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–25; NRC–2009–0076]
U.S. Department of Energy; Idaho
Spent Fuel Facility Notice of Order
Approving Direct Transfer of Materials
License
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Order Approving
Direct Transfer of Materials License No.
SNM–2512.
FOR FURTHER INFORMATION CONTACT:
Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent
E:\FR\FM\28JYN1.SGM
28JYN1
Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37245-37252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17699]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0324]
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) 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 July 2, 2009 to July 15, 2009. The last
biweekly notice was published on July 14, 2009 (74 FR 34044).
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 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. The basis
for this
[[Page 37246]]
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
and Directives Branch (RDB), 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. Written comments may also
be faxed to the RDB at 301-492-3446. 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 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 O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner/
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, 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 an exemption 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
should 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
[[Page 37247]]
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 Meta-System Help
Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday, excluding government holidays. The Meta-System
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 an exemption request, 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 request and/
or petition should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii).
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings, 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 which is available for
public inspection at the Commission's PDR, located at One White Flint
North, Public File Area O1F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible from
the 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 at 1-800-
397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
Arizona Public Service Company, et al., Docket Nos. STN 50-528, STN 50-
529, and STN 50-530, Palo Verde Nuclear Generating Station, Units 1, 2,
and 3, Maricopa County, Arizona
Date of Amendment Request: May 28, 2009.
Description of Amendment Request: The amendments would delete those
portions of the Technical Specifications (TSs) for Palo Verde Nuclear
Generating Station, Units 1, 2, and 3 that are superseded by the new
requirements regarding working hours for nuclear plant staff in 10 CFR
part 26, subpart I. This change is consistent with U.S. Nuclear
Regulatory Commission (NRC)-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.''
The NRC issued a ``Notice of Availability of Model Safety
Evaluation, Model No Significant Hazards Determination, and Model
Application for Licensees That Wish to Adopt TSTF-511, Revision 0,
`Eliminate Working Hour Restrictions from TS 5.2.2 to Support
Compliance with 10 CFR part 26,' '' in the Federal Register on December
30, 2008 (73 FR 79923). In its application dated May 28, 2009, the
licensee affirmed the applicability of the model no significant hazards
consideration.
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 concurrent
with or after the implementation of the 10 CFR Part 26, Subpart I,
requirements. In the event NRC approval for the requested amendment
is not obtained before October 1, 2009, the amendment shall be
implemented
[[Page 37248]]
within 30 days of NRC approval and APS [Arizona Public Service
Company] shall comply with the new 10 CFR 26, Subpart I,
requirements and current Technical Specifications until the approved
TS changes are implemented. 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 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
that review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
request for amendments involves no significant hazards consideration.
Attorney for licensee: Michael G. Green, Senior Regulatory Counsel,
Pinnacle West Capital Corporation, P.O. Box 52034, Mail Station 8695,
Phoenix, Arizona 85072-2034.
NRC Branch Chief: Michael T. Markley.
FirstEnergy Nuclear Operating Company, et al., Docket No. 50-346,
Davis-Besse Nuclear Power Station, Unit No. 1, Ottawa County, Ohio
Date of Amendment Request: June 2, 2009.
Description of Amendment Request: The proposed amendment would
revise the Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS)
Technical Specifications (TS) 3.3.9, ``Source Range Neutron Flux,'' and
TS 3.9.2, ``Nuclear Instrumentation,'' to exclude testing the source
range neutron flux instrument channel preamplifier from the CHANNEL
CALIBRATION requirements of the source range neutron flux instrument
channels.
Basis for Proposed No Significant Hazards Consideration
Determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed TS change excludes the source range neutron flux
instrument channel preamplifier from the CHANNEL CALIBRATION
requirements for the source range neutron flux instrument channel.
The source range neutron flux instrument channels are not involved
in accident mitigation. The failure of a source range neutron flux
channel does not initiate an accident or transient event. The
proposed TS change does not alter the design or function of the
source range neutron flux instrument channels, since no physical
changes are being made to the plant. The availability of additional
equipment to provide source range indication for comparison with the
source range neutron flux instrument channels provides assurance of
channel operation.
Therefore, the proposed TS 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 TS change excludes the source range neutron flux
instrument channel preamplifier from the CHANNEL CALIBRATION
requirements for the source range neutron flux instrument channel.
Based upon the current channel testing performed and the
availability of alternate source range neutron flux indication for
comparison, the operation of the source range neutron flux
instrument channel is assured. The proposed TS change does not
introduce any failure mechanisms of a different type than those
previously evaluated since no physical changes to the plant are
being made. No new or different equipment is being installed, and no
installed equipment is being operated in a different manner.
Therefore, the proposed TS 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 proposed TS change excludes the source range neutron flux
instrument channel preamplifier from the CHANNEL CALIBRATION
requirements for the source range neutron flux instrument channel.
Based upon the current channel testing performed and the
availability of alternate source range neutron flux indication for
comparison, the operation of the source range neutron flux
instrument channel is assured. The proposed TS change does not alter
the design or function of the source range neutron flux instrument
channels since no physical changes are being made to the plant.
Therefore, the proposed TS change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: David W. Jenkins, Attorney, FirstEnergy
Corporation, Mail Stop A-GO-15, 76 South Main Street, Akron, OH 44308.
NRC Branch Chief: Stephen J. Campbell.
Northern States Power Company, Docket No. 50-263, Monticello Nuclear
Generating Plant, Wright County, Minnesota
Date of Amendment Request: May 29, 2009.
Description of Amendment Request: The proposed amendment would
revise
[[Page 37249]]
Table 3.3.6.1-1, ``Primary Containment Isolation Instrumentation,'' of
the Technical Specifications (TS) by adding operational Mode 3, in
addition to Modes 1 and 2 currently specified, to the Standby Liquid
Control (SLC) System initiation applicability under the Reactor Water
Cleanup (RWCU) System. This change would have the effect of aligning
the required modes of applicability for the RWCU System isolation
function to SLC System initiation. This is correction of a discrepancy
that exists between this table and Specification 3.1.7, ``Standby
Liquid Control (SLC) System,'' which specifies that the applicability
of the SLC System is for Modes 1, 2, and 3.
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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to the applicability of this function does
not change the actual conditions, operating configurations, or
minimum amount of operating equipment assumed in the safety analysis
for accident mitigation.
The proposed change does not require any physical change to any
plant systems, structures, or components nor does it require any
change in systems or plant operations. The proposed change does not
require any change in safety analysis methods or results. The SLC
System is not an accident initiator. The proposed change to align
the required modes of applicability for the RWCU isolation function
on SLC initiation provide consistency with the previously NRC
approved full-scope alternative source term (AST) analysis
[Amendment No. 148] and hence do not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
There are no hardware changes nor are there any changes in the
method by which any plant systems perform a safety function. This
request does not affect the normal method of plant operation.
The proposed change does not introduce new equipment, which
could create a new or different kind of accident. No new equipment
failure modes are created. No new accident scenarios failure
mechanisms, or limiting single failures are introduced as a result
of this request. Therefore, the implementation of the proposed
change will not create a possibility for an accident of a new or
different type than those previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
There will be no change to the manner in which the SLC System or
the RWCU System is operated. This change aligns the requirements in
one part of the TS with requirements imposed in another portion of
the TS. No new requirements are introduced. The proposed change
improves the TS by removing an internal inconsistency and as such
does not reduce or 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: Peter M. Glass, Assistant General Counsel,
Xcel Energy Services, Inc., 414 Nicollet Mall, Minneapolis, MN 55401.
NRC Branch Chief: Lois M. James.
Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296,
Browns Ferry Nuclear Plant, Units 1, 2 and 3, Limestone County, Alabama
Date of Amendment Request: April 24, 2009 (TS-464).
Description of Amendment Request: The proposed changes would revise
the Technical Specifications (TS) Bases sections 3.1.6, ``Rod Pattern
Control,'' and 3.3.2.1, ``Control Rod Block Instrumentation'' to allow
the Browns Ferry units to reference in the improved control rod banked
position withdrawal sequence (BPWS) when performing a reactor shutdown.
In addition, the proposed changes would add a footnote to TS Table
3.3.2.1-1, ``Control Rod Block Instrumentation.''
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. Consistent with the consolidated line item improvement
process (CLIIP) the licensee referenced the no significant hazards
consideration published on May 23, 2007 (72 FR 29004) which is provided
below:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident
Previously Evaluated
The proposed changes modify the TS to allow the use of the
improved banked position withdrawal sequence (BPWS) during shutdowns
if the conditions of NEDO-33091-A, Revision 2, ``Improved BPWS
Control Rod Insertion Process,'' July 2004, have been satisfied. The
staff finds that the licensee's justifications to support the
specific TS changes are consistent with the approved topical report
and TSTF-476, Revision 1. Since the change only involves changes in
control rod sequencing, the probability of an accident previously
evaluated is not significantly increased, if at all. The
consequences of an accident after adopting TSTF-476 are no different
than the consequences of an accident prior to adopting TSTF-476.
Therefore, the consequences of an accident previously evaluated are
not significantly affected by this change. Therefore, this change
does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
Criterion 2: The Proposed Change Does Not Create the Possibility of
a New or Different Kind of Accident From Any Previously Evaluated.
The proposed change will not introduce new failure modes or
effects and will not, in the absence of other unrelated failures,
lead to an accident whose consequences exceed the consequences of
accidents previously evaluated. The control rod drop accident (CRDA)
is the design basis accident for the subject TS changes. This change
does not create the possibility of a new or different kind of
accident from an accident previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety
The proposed change, TSTF-476, Revision 1, incorporates the
improved BPWS, previously approved in NEDO-33091-A, into the
improved TS. The control rod drop accident (CRDA) is the design
basis accident for the subject TS changes. In order to minimize the
impact of a CRDA, the BPWS process was developed to minimize control
rod reactivity worth for BWR plants. The proposed improved BPWS
further simplifies the control rod insertion process, and in order
to evaluate it, the staff followed the guidelines of Standard Review
Plan Section 15.4.9, and referred to General Design Criterion 28 of
Appendix A to 10 CFR Part 50 as its regulatory requirement. The TSTF
stated the improved BPWS provides the following benefits: (1) Allows
the plant to reach the all-rods-in condition prior to significant
reactor cool down, which reduces the potential for re-criticality as
the reactor cools down; (2) reduces the potential for an operator
reactivity control error by reducing the total number of control rod
manipulations; (3) minimizes the need for manual scrams during plant
shutdowns, resulting in less wear on control rod drive (CRD) system
components and CRD mechanisms; and, (4) eliminates unnecessary
control rod manipulations at low power, resulting in less wear on
reactor manual control and CRD system components. The addition of
procedural requirements and verifications specified in NEDO-33091-A,
along with the proper use of the BPWS will prevent a control rod
drop accident (CRDA) from occurring while power is below the low
power setpoint (LPSP). The net change to the margin of safety is
insignificant. Therefore, this change does not involve a significant
reduction in a margin of safety.
[[Page 37250]]
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for Licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
NRC Branch Chief: Thomas H. Boyce.
Union Electric Company, Docket No. 50-483, Callaway Plant, Unit 1,
Callaway County, Missouri
Date of Amendment Request: May 4, 2009.
Description of Amendment Request: The proposed amendment would
delete the working hours restrictions in paragraph d of Technical
Specification (TS) 5.2.2, ``Unit Staff.'' The restrictions would be
deleted because they are superseded by Title 10 of Code of Federal
Regulations (CFR) Part 26, Subpart I, consistent with U.S. Nuclear
Regulatory Commission (NRC)-approved TS Task Force (TSTF) change
traveler TSTF-511, Revision 0, ``Eliminate Working Hour Restrictions
from TS 5.2.2 to Support Compliance with 10 CFR part 26.''
The NRC issued a ``Notice of Availability of Model Safety
Evaluation, Model No Significant Hazards Determination, and Model
Application for Licensees That Wish to Adopt TSTF-511, Revision 0,
`Eliminate Working Hour Restriction From TS 5.2.2 To Support Compliance
with 10 CFR Part 26' '' in Federal Register on December 30, 2008 (73 FR
79923). In its application dated May 4, 2009, the licensee affirmed the
applicability of the model no significant hazards consideration.
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: Does the proposed amendment involve a significant
increase in the probability or consequences of an accident
previously evaluated?
Response: No.
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 26.
Removal of the TS requirements will be performed concurrently with
the implementation of the 10 CFR 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: Does the proposed amendment create the possibility
of a new or different kind of accident from any accident previously
evaluated?
Response: No.
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 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: Does the proposed amendment involve a significant
reduction in a margin of safety?
Response: No.
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 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 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: John O'Neill, Esq., Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street, NW., Washington, DC 20037.
NRC Branch Chief: Michael T. Markley.
Previously Published Notices of Consideration of Issuance of Amendments
to Facility Operating Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The following notices were previously published as separate
individual notices. The notice content was the same as above. They were
published as individual notices either because time did not allow the
Commission to wait for this biweekly notice or because the action
involved exigent circumstances. They are repeated here because the
biweekly notice lists all amendments issued or proposed to be issued
involving no significant hazards consideration.
For details, see the individual notice in the Federal Register on
the day and page cited. This notice does not extend the notice period
of the original notice.
Carolina Power & Light Company, et al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North
Carolina
Date of Amendment Request: May 29, 2008, as supplemented by letters
dated November 14 and December 11, 2008.
Description of Amendment Request: The proposed amendment would
transition the fire protection program to a performance-based, risk-
informed one based on the National Fire Protection Association (NFPA)
Standard 805, ``Performance-Based Standard for Fire Protection For
Light Water Reactor Generating Plants,'' 2001 Edition, in accordance
with 10 CFR 50.48(c). NFPA 805 allows the use of performance-based
methods, such as fire modeling, and risk-informed methods, such as Fire
Probabilistic Risk Assessment, to demonstrate compliance with the
nuclear safety performance criteria.
Date of Publication of Individual Notice in Federal Register: June
19, 2009 (74 FR 29241).
Expiration Date of Individual Notice: August 18, 2009.
[[Page 37251]]
Florida Power Corporation, et al., Docket No. 50-302, Crystal River
Unit No. 3 Nuclear Generating Plant, Citrus County, Florida
Date of Amendment Request: June 3, 2008, as supplemented by letters
dated November 17, 2008, and April 8 and May 22, 2009.
Brief Description of Amendment Request: The proposed amendment
would revise the Crystal River Unit 3 (CR-3) Final Safety Analysis
Report 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 NRC's Standard Review Plan (NUREG 0800),
Revision 2--March 2007, Section 3.8.4 ``Other Seismic Category 1
Structures.''
Date of Publication of Individual Notice in Federal Register: June
23, 2008 (74 FR 29732).
Expiration Date of Individual Notice: August 24, 2009.
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.
Carolina Power & Light Company, et al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North
Carolina
Date of Application for Amendment: February 26, 2009.
Brief Description of Amendment: The proposed amendment would delete
the Technical Specifications (TS) requirements related to hydrogen
recombiners and hydrogen monitors. The proposed TS changes support
implementation of the revisions to 10 CFR 50.44, ``Standards for
Combustible Gas Control System in Light-Water-Cooled Power Reactors,''
which became effective on October 16, 2003. These changes are
consistent with Revision 1 of the NRC-approved Technical Specifications
Task Force (TSTF) Standard Technical Specification Change Traveler
TSTF-447, ``Elimination of Hydrogen Recombiners and Change to Hydrogen
and Oxygen Monitors.'' This technical specification improvement was
initially made available in the Federal Register by the NRC on
September 25, 2003 (68 FR 55416).
Date of Issuance: July 2, 2009.
Effective Date: Effective as of the date of issuance and shall be
implemented within 90 days.
Amendment No.: 131.
Renewed Facility Operating License No. NPF-63: The amendment
revises the Technical Specifications and Facility Operating License.
Date of Initial Notice in Federal Register: June 2, 2009 (74 FR
26431). The Commission's related evaluation of the amendment and final
NSHC determination are contained in a safety evaluation dated July 2,
2009.
Public Comments Requested as to Proposed No Significant Hazards
Consideration (NSHC): 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: February 24, 2009.
Brief Description of Amendment: The proposed amendment would revise
the Technical Specification (TS) Surveillance Requirement (SR) that
governs operability testing of the pressure suppression chamber-drywell
vacuum breakers to incorporate the SR contained within the Standard
Technical Specifications (STS), NUREG-1433 and delete the SR that
requires inspection of the pressure suppression chamber-drywell vacuum
breakers. This requirement is replaced with the STS SR 3.6.1.8.2 to
perform operability testing within 12 hours after the discharge of
steam into the suppression chamber from the safety/relief valves or
following operation that causes any of the vacuum breakers to open.
Date of Issuance: July 6, 2009.
Effective Date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 238.
Facility Operating License No. DPR-28: Amendment revised the
License and Technical Specifications.
Date of Initial Notice in Federal Register: April 7, 2009 (74 FR
15770).
No Significant Hazards Consideration Comments Received: No.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations,
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon,
Vermont
Date of Application for Amendment: September 22, 2008, as
supplemented by letter dated October 31, 2008.
Brief Description of Amendment: The proposed amendment would
relocate the contents of the Vermont Yankee (VY) Technical
Specification relating to the Reactor Building crane to the VY
Technical Requirements Manual.
Date of Issuance: July 13, 2009.
[[Page 37252]]
Effective Date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 239.
Facility Operating License No. DPR-28: Amendment revised the
License and Technical Specifications.
Date of initial notice in Federal Register: November 18, 2008 (73
FR 68454). The supplemental letter dated October 31, 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 this amendment is
contained in a Safety Evaluation dated July 13, 2009.
No Significant Hazards Consideration Comments Received: No.
Northern States Power Company--Minnesota, Docket No. 50-263, Monticello
Nuclear Generating Plant, Wright County, Minnesota
Date of Application for Amendment: June 26, 2008, as supplemented
on January 27 and July 2, 2009.
Brief Description of Amendment: The amendment revised the MNGP
Technical Specifications (TS), changing the Required Actions and
Completion Times in TS 3.5.1, ``ECCS [Emergency Core Cooling System]--
Operating,'' to allow a 72-hour completion time to restore a low-
pressure ECCS subsystem to operable status after discovery of two low-
pressure ECCS subsystems inoperable.
Date of Issuance: July 10, 2009.
Effective Date: As of the date of issuance and shall be implemented
within 90 days of issuance.
Amendment No.: 162.
Facility Operating License No. DPR-22: Amendment revised the
Technical Specifications.
Date of Initial Notice in Federal Register: August 12, 2008 (73 FR
46930). The supplemental letters contained clarifying information and
did not change the initial no significant hazards consideration
determination, and did not expand the scope of the original Federal
Register notice.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated July 10, 2009.
No Significant Hazards Consideration Comments Received: No.
Northern States Power Company--Minnesota, Docket Nos. 50-282 and 50-
306, Prairie Island Nuclear Generating Plant, Units 1 and 2, Goodhue
County, Minnesota
Date of Application for Amendments: June 26, 2008, as supplemented
by letters dated August 4, August 26, and November 14, 2008, and
January 30, February 9, February 20, March 12, and May 4 (2 letters),
2009.
Brief Description of Amendments: The amendments revise the
Technical Specifications (TSs) for Prairie Island Nuclear Generating
Plant, Units 1 and 2, to allow the use of Westinghouse 422 VANTAGE+
nuclear fuel and make changes to certain references in the Design
Features section of the TSs.
Date of Issuance: July 1, 2009.
Effective Date: As of the date of issuance and shall be implemented
within 90 days.
Amendment Nos.: 192, 181.
Facility Operating License Nos. DPR-42 and DPR-60: Amendments
revised the Technical Specifications.
Date of Initial Notice in Federal Register: September 23, 2008 (73
FR 54866). The supplemental letters contained clarifying information
and did not change the initial no significant hazards consideration
determination, and did not expand the scope of the original Federal
Register notice.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated July 1, 2009.
No Significant Hazards Consideration Comments Received: No.
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: February 20, 2009.
Brief Description of Amendments: The amendments modified Technical
Specifications (TS) requirements related to control room envelope
habitability in TS 3.7.3, ``Plant Systems Control Room Emergency
Outside Air Supply (CREOAS) System,'' and TS Section 5.5,
``Administrative Controls Programs and Manuals.''
Date of Issuance: July 6, 2009.
Effective Date: As of the date of issuance to be implemented within
180 days.
Amendment Nos.: 252 for Unit 1 and 232 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: April 21, 2009 (74 FR
18256).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated July 6, 2009.
No Significant Hazards Consideration Comments Received: No.
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: March 24, 2009.
Brief Description of Amendments: The amendments deleted Technical
Specification (TS) Section 5.2.2.e, which is superseded by Title 10 of
the Code of Federal Regulations (10 CFR) Part 26, ``Fitness For Duty
Programs,'' Subpart I, ``Managing Fatigue.'' This change is consistent
with U.S. Nuclear Regulatory Commission approved Revision 0 to
Technical Specification Task Force 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.''
Date of Issuance: July 13, 2009.
Effective Date: As of the date of issuance and shall be implemented
within 30 days.
Amendment Nos.: 253 for Unit 1 and 233 for Unit 2.
Facility Operating License Nos. NPF-14 and NPF-22: The amendments
revised the Licenses and Technical Specifications.
Date of initial notice in Federal Register: May 5, 2009, (74 FR
20752). The Commission's related evaluation of the amendments is
contained in a Safety Evaluation dated July 13, 2009.
No Significant Hazards Consideration Comments Received: No.
Dated at Rockville, Maryland, this 17th day of July 2009.
For The Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-17699 Filed 7-27-09; 8:45 am]
BILLING CODE 7590-01-P