Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 51326-51339 [E9-23780]
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(2) The requester may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. A
party other than the requester may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
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Event/activity
40 .......
(Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete information processing and
file motion for Protective Order
and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated
officer decision on motion for protective order for access to sensitive
information
(including
schedule for providing access
and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
Deadline for filing executed NonDisclosure Affidavits. Access provided to SUNSI consistent with
decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner’s
receipt of (or access to) the information and the deadline for filing
all other contentions (as established in the notice of hearing or
opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervener reply to answers.
Decision on contention admission.
ATTACHMENT 1—General Target
Schedule for Processing and Resolving
Requests for Access to Sensitive
Unclassified Non-Safeguards
Information in This Proceeding
Day
Event/activity
0 .........
Publication of Federal Register notice of hearing and opportunity to
petition for leave to intervene, including order with instructions for
access requests.
Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards
Information
(SUNSI) with information: Supporting the standing of a potential
party identified by name and address; describing the need for the
information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for
intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI (+25
Answers to petition for intervention;
+7
petitioner/requestor
reply).
Nuclear Regulatory Commission
(NRC) staff informs the requester
of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established
and shows need for SUNSI.
(NRC staff also informs any party
to the proceeding whose interest
independent of the proceeding
would be harmed by the release
of the information.) If NRC staff
makes the finding of need for
SUNSI and likelihood of standing,
NRC staff begins document processing (preparation of redactions
or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no
likelihood of standing, the deadline for petitioner/requester to file
a motion seeking a ruling to reverse the NRC staff’s denial of
access; NRC staff files copy of
access determination with the
presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If
NRC staff finds ‘‘need’’ for
SUNSI, the deadline for any party
to the proceeding whose interest
independent of the proceeding
would be harmed by the release
of the information to file a motion
seeking a ruling to reverse the
NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
10 .......
60 .......
20 .......
25 .......
Dated at Rockville, Maryland, this 30th day
of September 2009.
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (August 28,
2007; 72 FR 49139) apply to appeals of NRC staff
determinations (because they must be served on a
presiding officer or the Commission, as applicable),
but not to the initial SUNSI request submitted to the
NRC staff under these procedures.
Day
30 .......
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A + 3 ..
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[FR Doc. E9–24049 Filed 10–5–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0433]
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
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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 September
10, 2009, to September 23, 2009. The
last biweekly notice was published on
September 22, 2009 (74 FR 48316).
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
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.
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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
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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
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document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated 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
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
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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 using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the 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
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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 email to
pdr.resource@nrc.gov.
Dairyland Power Cooperative, Docket
No. 50–409, La Crosse Boiling Water
Reactor, Genoa, Wisconsin (TAC
J00359)
Date of amendment request: July 28,
2009.
Description of amendment request:
The amendment application proposes
changes to Technical Specifications, in
support of the dry cask storage project
at La Crosse Boiling Water Reactor. The
application specifically proposes lower
Fuel Element Storage Well water level
limits and proposes changes to the
definition of ‘‘fuel handling.’’
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? No.
The proposed change to the definition of
FUEL HANDLING is an administrative
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clarification and does not affect the operation
of the plant or the postulated accidents in
any way. The proposed changes to allow
lower Fuel Element Storage Well (FESW)
water level limits do not alter the manner in
which individual fuel assemblies are moved
or alter the design function of the FESW or
any other structures, systems, and
components used to ensure safe fuel storage.
The total number of fuel assembly moves to
the Dry Cask Storage System is exactly the
same as that contemplated during original
plant design when fuel was assumed to be
transported from the plant directly to a
disposal site. All of the accidents previously
evaluated in the La Crosse Boiling Water
Reactor (LACBWR) Decommissioning Plan
have been reviewed for impact as a result of
the proposed water level changes. The
proposed changes do not affect the plant in
such a manner that the likelihood or
consequences of any previously evaluated
accident is increased.
Therefore, the proposed amendment does
not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated? No.
The proposed change to the definition of
FUEL HANDLING is an administrative
clarification and does not affect the operation
of the plant in any way. The proposed
changes to allow lower FESW water level
limits do not alter the manner in which
individual fuel assemblies are moved; or alter
the design function of the FESW or any other
structures, systems, and components used to
ensure safe fuel storage. All of the accidents
previously evaluated in the LACBWR
Decommissioning Plan have been reviewed
for impact as a result of the proposed water
level changes. The existing accidents remain
applicable and bounding for the LACBWR
facility with the proposed changes in place
and do not affect the plant in such a manner
that a new accident has been created.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
No.
The proposed change to the definition of
FUEL HANDLING is an administrative
clarification and does not affect plant
operation or safety margins in any way. The
proposed changes to allow lower FESW
water level limits do not alter the manner in
which individual fuel assemblies are moved;
or alter the design function of the FESW or
any other structures, systems, and
components used to ensure safe fuel storage.
All of the accidents previously evaluated in
the LACBWR Decommissioning Plan have
been reviewed for impact as a result of the
proposed water level changes. The likelihood
and consequences of previously evaluated
accidents remain applicable and bounding
with the proposed changes in place; thus,
safety margins remain the same.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
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The U.S. Nuclear Regulatory
Commission (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.
NRC Branch Chief: Andrew Persinko.
Entergy Nuclear Operations, Inc.,
Docket No. 50–286, Indian Point
Nuclear Generating Unit No. 3,
Westchester County, New York
Date of amendment request: July 23,
2009.
Description of amendment request:
The proposed amendment would
remove the level indicating instrument
from the Technical Specification
Surveillance Requirement (SR) for the
refueling water storage tank, but leave
the low level alarm function in the SR.
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?
No. The proposed change revises the
existing Indian Point 3 Refueling Water
Storage Tank (RWST) Technical
Specification (TS) Surveillance Requirement
(SR) to remove the level indication function
for the L–921 instrument loop. Removal of a
TS SR for the level indication does not
increase the probability of an accident
occurring since it is not an accident initiator
and does not increase the consequences of an
accident since it is not performing any
mitigating function and is not a post accident
instrument. The proposed revision will not
affect RWST lo-lo level alarm function used
for operator guidance to begin sequencing to
Recirculation Mode of Safety Injection during
a postulated loss of coolant accident (LOCA).
There will be no change in equipment
qualification requirements or changes to the
surveillance requirement for the lo-lo level
alarm. Therefore the proposed change does
not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
No. The proposed change removes the
RWST level indication function from the
RWST lo-lo level alarm surveillance
requirement for the L–921 instrument loop.
The proposed change does not involve
installation of new equipment or
modification of existing equipment, so that
no new equipment failure modes are
introduced. Also, the proposed change does
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51329
not result in a change to the way that the
equipment or facility is operated so that no
new accident initiators are created. Therefore
the proposed change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
No. The proposed change removes the
RWST level indication function from the
RWST io-lo level alarm surveillance
requirement for the L–921 instrument loop.
There is no change to the design
requirements or the surveillance interval.
The proposed change does not add the level
indicating function elsewhere in the TS
because it is a local level indication that is
only used during normal operation and was
never a post accident monitoring instrument.
Therefore the proposed change does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Mr. William C.
Dennis, Assistant General Counsel,
Entergy Nuclear Operations, Inc., 440
Hamilton Avenue, White Plains, NY
10601.
NRC Branch Chief: Nancy L. Salgado.
Entergy Nuclear Operations, Inc.,
Docket No. 50–333, James A. FitzPatrick
Nuclear Power Plant (JAFNPP), Oswego
County, New York
Date of amendment request: July 31,
2009.
Description of amendment request:
The proposed change would revise the
JAFNPP Technical Specifications (TSs)
Surveillance Requirements (SR) for
testing of the Residual Heat Removal
(RHR) System Shutdown Cooling (SDC)
mode Containment Isolation, Reactor
Pressure—High Function by replacing
the current requirement to perform TS
SR 3.3.6.1.3, Perform Channel
Calibration, with TS SR 3.3.6.1.1
Perform Channel Check, SR 3.3.6.1.2,
Perform Channel Functional Test, SR
3.3.6.1.4, Calibrate the Trip Units, and
SR 3.3.6.1.5, Perform Channel
Calibration. These changes are to
support a proposed plant modification
to increase the reliability of SDC
isolation logic by changing the source of
the reactor high pressure input signal.
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:
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1. Will operation of the facility in
accordance with this proposed change
involve a significant increase in the
probability or consequences of an accident
previously evaluated?
Response: No.
The proposed change modifies the SRs that
demonstrate the operability of the SDC
Isolation, Reactor Pressure—High function.
The current surveillance requirements
include a 92-day calibration and a 24-month
logic system functional test. These
surveillance requirements are typical for
pressure switches installed on dedicated
process measurement lines. The proposed
change in surveillance requirements is
consistent with the use of ATTS [Analog
Transmitter Trip System] transmitters
installed on shared process measurement
lines. The proposed surveillance
requirements include the standard
requirements applied to all ATTS equipment
and thus will result in acceptable
demonstration of the operability of the SDC
Isolation Reactor Pressure—High function.
The ATTS equipment that will be used for
the SDC Isolation, Reactor Pressure—High
function is classified as safety related and is
environmentally qualified. The logic input
configuration of the ATTS equipment will be
the same as the configuration of the pressure
switches. This will assure the same
functionality currently performed by the
pressure switches currently used for the SDC
Isolation Reactor Pressure—High function.
The reliability of the ATTS has been proven
in other RPS [Reactor Protection System],
PCIS [Primary Containment Isolation
System], and ECCS [Emergency Core Cooling
System] functions and is comparable to the
reliability of the pressure switches that
currently perform the SDC Isolation, Reactor
Pressure—High function. Therefore, the
consequences of any accident mitigated by
the SDC Isolation, Reactor Pressure—High
function will not increase.
Based on these considerations, the
proposed surveillance requirement changes
do not involve a significant increase in the
probability or consequences of an accident
’previously evaluated.
2. Will operation of the facility in
accordance with this proposed change create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change aligns the TS
surveillance requirements with the type of
equipment that will be used to supply the
reactor pressure input to the SDC Isolation
Reactor Pressure—High logic. Since the
transmitters that will be used to supply the
reactor pressure input are currently installed
equipment there are no new accidents
introduced by the equipment. The proposed
change in SRs aligns the requirements with
the—requirements currently imposed on the
equipment in other JAF TS applications. The
performance of the SDC Isolation, Reactor
Pressure—High function, is not altered by
changing the input source for reactor
pressure parameter. Redundant power
sources within the ATTS assure the
functionality of the system during all plant
operating modes that require the SDC
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Isolation, Reactor Pressure—High function.
The proposed change will not introduce any
new failure modes and, therefore, does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Will operation of the facility in
accordance with this proposed change
involve a significant reduction in a margin of
safety?
Response: No.
The TS surveillance requirements that will
be imposed on the SDC Isolation, Reactor
Pressure—High function reflect the
equipment that will perform that function.
The proposed change in surveillance
requirements will appropriately demonstrate
the operability of the SDC Isolation, Reactor
Pressure—High function.
Since the proposed changes to the SRs are
consistent with the SRs for ATTS
transmitters in other RPS, PCIS, and ECCS
applications the proposed requirements have
been demonstrated to provide an adequate
margin of safety. Therefore, the proposed
change does not involve a significant
reduction in any margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Mr. William C.
Dennis, Assistant General Counsel,
Entergy Nuclear Operations, Inc., 440
Hamilton Avenue, White Plains, NY
10601.
NRC Branch Chief: Nancy L. Salgado.
Entergy Operations, Inc., Docket No. 50–
313, Arkansas Nuclear One, Unit No. 1,
Pope County, Arkansas
Date of amendment request: August 5,
2009.
Description of amendment request:
Current Technical Specification (TS)
5.5.8, ‘‘Inservice Testing Program,’’
contains references to the American
Society of Mechanical Engineers
(ASME) Boiler and Pressure Vessel
Code, Section XI as the source of
requirements for the inservice testing
(IST) of ASME Code Class 1, 2, and 3
pumps and valves. The proposed
amendment would delete the references
to Section XI of the Code and
incorporate references to the ASME
Code for Operation and Maintenance of
Nuclear Power Plants (ASME OM Code).
The proposed amendment would also
indicate that there may be some
nonstandard frequencies utilized in the
IST Program in which the provisions of
Surveillance Requirement 3.0.2 are
applicable. The proposed changes are
consistent with Technical Specification
Task Force (TSTF) Technical Change
Travelers 479–A, ‘‘Changes to Reflect
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Revision to 10 CFR 50.55a,’’ and 497–
A, ‘‘Limit Inservice Testing Program SR
3.0.2 Application to Frequencies of 2
Years or Less.’’
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 change revises TS 5.5.8,
Inservice Testing Program, for consistency
with the requirements of 10 CFR 50.55a(f)(4)
for pumps and valves which are classified as
American Society of Mechanical Engineers
(ASME) Code Class 1, Class 2 and Class 3.
The proposed change incorporates revisions
to the ASME Code which is consistent with
the expectations of 10 CFR 50.55(a).
The proposed change does not impact any
accident initiators or analyzed events or
assumed mitigation of accident or transient
events. The proposed change does not
involve the addition or removal of any
equipment, or any design changes to the
facility. Therefore, this proposed change does
not represent a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change does not involve a
modification to the physical configuration of
the plant (i.e., no new equipment will be
installed) or change in the methods
governing normal plant operation. The
proposed change does not introduce a new
accident initiator, accident precursor, or
malfunction mechanism. Therefore, this
proposed change does not create the
possibility of an accident or a different kind
than previously evaluated.
3. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change revises TS 5.5.8,
Inservice Testing Program, for consistency
with the requirements of 10 CFR 50.55a(f)(4)
for pumps and valves which are classified as
ASME Code Class 1, Class 2 and Class 3. The
proposed change incorporates revisions to
the ASME Code, which is consistent with the
expectations of 10 CFR 50.55a. The safety
function of the affected pumps and valves are
maintained. Therefore, this 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
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amendment request involves no
significant hazards consideration.
Attorney for licensee: Terence A.
Burke, Associate General Council—
Nuclear Entergy Services, Inc., 1340
Echelon Parkway, Jackson, Mississippi
39213.
NRC Branch Chief: Michael T.
Markley.
Exelon Generation Company, LLC, and
PSEG Nuclear, LLC, Docket Nos. 50–277
and 50–278, Peach Bottom Atomic
Power Station (PBAPS), Units 2 and 3,
York and Lancaster Counties,
Pennsylvania
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Date of amendment request: July 30,
2009.
Description of amendment request:
The proposed amendment would delete
Technical Specification (TS) Section
3.6.3.1, ‘‘Containment Atmosphere
Dilution (CAD) System,’’ to modify
containment combustible gas control
requirements as permitted by Title 10 of
the Code of Federal Regulations, Part 50
Section 50.44 (10 CFR 50.44). 10 CFR
50.44 was revised on September 16,
2003, as noticed in the Federal Register
(68 FR 54123).
The Nuclear Regulatory Commission
(NRC) staff issued a ‘‘Notice Of
Opportunity To Comment On Model
Safety Evaluation, Model No Significant
Hazards Determination, And Model
Application For Licensees that Wish To
Adopt TSTF–478, Revision 2, ‘BWR
[Boiling-Water Reactor] Technical
Specification Changes that Implement
the Revised Rule for Combustible Gas
Control,’’ in the Federal Register on
October 11, 2007 (72 FR 57970). The
notice included a model safety
evaluation (SE) and a model no
significant hazards consideration
(NSHC) determination. On November
21, 2007, the NRC staff issued a notice
in the Federal Register (72 FR 65610)
announcing that the model SE and
model NSHC determination may be
referenced in plant-specific applications
to adopt the changes. In its application
dated July 30, 2009, the licensee
affirmed the applicability of the model
NSHC determination which is presented
below.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), an
analysis of the issue of NSHC is
presented below:
Criterion 1: The proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated
The Containment Atmosphere Dilution
(CAD) system is not an initiator to any
accident previously evaluated. The TS
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Required Actions taken when a drywell
cooling system fan is inoperable are not
initiators to any accident previously
evaluated. As a result, the probability of any
accident previously evaluated is not
significantly increased.
The revised 10 CFR 50.44 no longer defines
a design-basis accident (DBA) hydrogen
release and the Commission has
subsequently found that the DBA loss-ofcoolant accident (LOCA) hydrogen release is
not risk significant. In addition, CAD has
been determined to be ineffective at
mitigating hydrogen releases from the more
risk significant beyond DBAs that could
threaten containment integrity. Therefore,
elimination of the CAD system will not
significantly increase the consequences of
any accident previously evaluated. The
consequences of an accident while relying on
the revised TS Required Actions for drywell
cooling system fans are no different than the
consequences of the same accidents under
the current Required Actions. As a result, the
consequences of any accident previously
evaluated are not significantly increased.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
Criterion 2: The proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated
No new or different accidents result from
utilizing the proposed change. The proposed
change permits physical alteration of the
plant involving removal of the CAD system.
The CAD system is not an accident precursor,
nor does its existence or elimination have
any adverse impact on the pre-accident state
of the reactor core or post accident
confinement of radionuclides within the
containment building from any design basis
event. The changes to the TS do not alter
assumptions made in the safety analysis, but
reflect changes to the design requirements
allowed under the revised 10 CFR 50.44. The
proposed change is consistent with the
revised safety analysis assumptions.
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 Commission has determined that the
DBA LOCA hydrogen release is not risk
significant, therefore is not required to be
analyzed in a facility accident analysis. The
proposed change reflects this new position
and, due to remaining plant equipment,
instrumentation, procedures, and programs
that provide effective mitigation of and
recovery from reactor accidents, including
postulated beyond design basis events, does
not result in a significant reduction in a
margin of safety.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
Based on the above, the NRC
concludes that the proposed change
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51331
presents no significant hazards
consideration under the standards set
forth in 10 CFR 50.92(c), and,
accordingly, a finding of ‘‘no significant
hazards consideration’’ is justified.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Mr. J. Bradley
Fewell, Associate General Counsel,
Exelon Generation Company LLC, 4300
Winfield Road, Warrenville, IL 60555.
NRC Branch Chief: Harold K.
Chernoff.
Omaha Public Power District, Docket
No. 50–285, Fort Calhoun Station (FCS),
Unit No. 1, Washington County,
Nebraska
Date of amendment request: May 29,
2009.
Description of amendment request:
The proposed amendment would: (1)
Revise the definition for OperableOperability in the FCS Technical
Specifications (TS); (2) modify the
provisions under which equipment may
be considered operable when either its
normal or emergency power source is
inoperable; (3) delete TS limiting
condition for operation (LCO) 2.0.1(2);
(4) delete diesel generator surveillance
requirement (SR) 3.7(1)e; and (5)
relocate the guidance for inoperable
power supplies and verifying
operability of redundant components
into the LCO for electrical equipment
2.7, Electrical Systems.
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 revise the
definition of operable-operability, modify the
provisions under which equipment may be
considered operable when either its normal
or emergency power source is inoperable,
delete Technical Specification (TS) limiting
conditions for operation (LCO) 2.0.1(2), and
relocate the guidance for inoperable power
supplies and verifying operability of
redundant components into the LCO for
electrical equipment is more aligned with
NUREG–1432, Standard Technical
Specifications [STS] for Combustion
Engineering Plants, and does not adversely
impact the probability of an accident
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previously evaluated. The proposed changes
are being made to address inconsistencies in
guidance provided in TS 2.0.1(2) and TS
2.7(2). The proposed change does not affect
the operability requirements for the
emergency diesel generators (EDGs) or the
house service transformers, and therefore
does not impact the consequences of an
analyzed accident.
The new requirement added to TS 2.7
provides assurance that a loss of offsite
power during the period that an EDG (or
house service transformer) is inoperable, or
loss of an EDG during the period that a house
service transformer is inoperable, or loss of
a house service transformer during the period
that an EDG is inoperable, does not result in
a complete loss of safety function of critical
systems; thereby such a loss does not
significantly increase the probability of an
accident.
Consistent with NUREG 1432, the 4-hour
allowed time added to TS 2.7(2)j for the
EDGs, takes into account the capacity and
capability of the remaining alternating
current (AC) sources, a reasonable time for
repairs, and the low probability of a design
basis accident (DBA) occurring during this
period. On a component basis, single failure
protection for the required feature’s function
may have been lost; however, function has
not been lost.
Additionally, consistent with NUREG–
1432, the 24-hour allowed time added to TS
2.7(2)b for the house service transformers
takes into account the capacity and capability
of the remaining AC sources, a reasonable
time for repairs, and the low probability of
a DBA occurring during this period.
The proposed change removes the
surveillance requirement (SR) to perform an
inspection of the EDG on a refueling
inspection frequency in accordance with the
manufacturer’s recommendations. This
inspection is considered a maintenance
activity, not an SR, and has no impact on the
probability of an accident since EDGs are not
initiators for any analyzed event. Deletion of
TS SR 3.7(1)e from the TS does not impact
the capability of the EDGs to perform their
accident mitigation functions. The required
EDG maintenance inspections will continue
to be performed in accordance with the
licensee-controlled EDG maintenance
process. The consequences of an accident are
not impacted because EDG operability is
controlled by other portions of TS 3.7, which
ensures that required surveillances are
performed. The appropriate LCOs are entered
in the event that EDG surveillance criteria are
not met.
As a result of redefining ‘‘OPERABLE’’ and
adding the provision to TS 2.7(2)j, the
statements ‘‘provided there are no inoperable
required engineered safeguards components
which are redundant’’ related to the electrical
distribution components are being deleted
from the other 2.7(2) TS for the buses,
transformer, and motor control center (MCC)
for clarification and consistency because
these statements restrict only to engineered
safeguards components. In addition, the
administrative changes to renumber the
existing TS sections ‘‘TS 2.0.1(3) to 2.0.1(2)’’
and TS 3.7(1)f to TS 3.7(1)e. are being made
as a result of deletions to previous TS
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paragraphs and are being made for
consistency and clarification. Rearranging the
listing order of the MCCs in TS 2.7(1)f and
TS 2.7(2)g in bus order clarifies the TS. As
such, these editorial changes are not
initiators of any accidents previously
evaluated. As a result, the probability of an
accident previously evaluated is not affected.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes do not involve a
physical alteration to the plant (i.e., no new
or different type of equipment will be
installed) or a change in methods governing
normal plant operation. The proposed
changes to TS 2.0.1(2) and TS 2.7 do not
create the possibility of a new or different
kind of accident since the design function of
the affected equipment is not changed. No
new interactions between systems or
components are created. No new failure
mechanisms of associated systems will exist.
By deleting TS LCO 2.0.1(2) and including
the guidance in TS 2.7, inconsistencies in the
existing TS will be eliminated. The new
requirements added to TS 2.7 will include
guidance to declare required systems or
components without a normal or emergency
power source available inoperable, when a
redundant system or component is also
inoperable. This provides assurance that a
loss of offsite power, during the period that
an EDG (or house service transformer) is
inoperable, or loss of an EDG during the
period that a house service transformer is
inoperable (or vice versa), does not result in
a complete loss of safety function of critical
systems.
No new failure mechanisms would be
created. The proposed changes do not alter
any assumptions made in the safety analyses.
For the most part, the proposed changes are
more aligned with the STS.
Therefore, the proposed changes do not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed changes to delete TS 2.0.1(2)
and relocate the guidance for inoperable
power supplies and verifying operability of
redundant components to TS LCO 2.7(2)j, to
delete the statement that MCC–3C1 may be
inoperable in excess of 8 hours if battery
chargers No. 1 and No. 2 are operable, and
to delete the SR for inspecting the DG on a
refueling frequency in accordance with the
manufacturer’s recommendations do not alter
the manner in which safety limits or limiting
safety system settings are determined. The
safety analysis acceptance criteria are not
affected by these proposed changes. The
sources of power credited for design basis
events are not affected by the proposed
changes.
The proposed changes to modify the
provisions under which equipment may be
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Sfmt 4703
considered operable when either its normal
or emergency power source is inoperable,
delete TS LCO 2.0.1(2), and relocate the
guidance for inoperable power supplies and
verifying operability of redundant
components into the LCO for electrical
equipment is more aligned with the STS.
These changes are being made to address
inconsistencies in guidance provided in TS
2.0.1(2) and TS 2.7(2). The proposed change
does not reduce the operability requirements
for the transformers, buses, MCCs, or EDGs
and therefore will not result in plant
operation in a configuration outside of the
design basis.
Further, the proposed change does not
change the design function of any equipment
assumed to operate in the event of an
accident.
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: David A. Repka,
Esq., Winston & Strawn, 1700 K Street,
NW., Washington, DC 20006–3817.
NRC Branch Chief: Michael T.
Markley.
PPL Susquehanna, LLC, Docket Nos. 50–
387 and 50–388, Susquehanna Steam
Electric Station, Units 1 and 2 (SSES
Units 1 and 2), Luzerne County,
Pennsylvania
Date of amendment request: March
24, 2009, as supplemented by letters
dated April 24, and September 11, 2009.
Description of amendment request:
The proposed change revises the
allowable value in the Technical
Specification (TS) Table 3.3.5.1–1
(Function 3.d) for the high-pressure
coolant injection (HPCI) automatic
pump suction transfer from the
condensate storage tank (CST) to the
suppression pool (SP). The present
allowable value for this transfer is
greater than or equal to 36 inches above
the CST bottom. The proposed change is
to increase the allowable value for this
transfer to occur at greater than or equal
to 40.5 inches above the CST bottom.
Additionally, the proposed
amendment also includes an editorial/
administrative change which corrects a
typographical error in the SSES Units 1
and 2 TS Section 3.10.8.f.
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:
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1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
No. The proposed change to TS Table
3.3.5.1–1 increases the Technical
Specification allowable value for the HPCI
suction low level automatic transfer function
from ≥ 3 6 inches to ≥ 40.5 inches above the
CST bottom. There are no process setpoint
changes associated with this TS allowable
value change. This TS change does not
introduce the possibility of an increase in the
probability or consequences of an accident
because the HPCI automatic transfer function
is not an initiator of any new accidents nor
does it introduce any new failure modes. The
CST is not safety related and therefore not
credited in any design basis accident
analyses. However, the CST reserve volume
is credited in anticipated transients without
scram (ATWS), Appendix R and station
blackout (SBO) evaluations. The reserve
volume available in the CST at the proposed
allowable value of 40.5 inches above the CST
bottom remains adequate to fully support
these HPCI system support functions and the
change fully supports HPCI system operation.
The reserve volume is not reduced as a result
of the proposed change in the TS allowable
value since the transfer will still occur at the
CST low level instrument setpoint of 43.5
inches above tank bottom, which remains
unchanged.
The HPCI system automatic transfer
function occurs at the point in a design basis
accident (DBA) when the CST level reaches
the low level transfer setpoint. This proposed
change will require the HPCI pump suction
to be transferred from the CST to the SP at
40.5 inches versus 36 inches above the CST
bottom. Currently, the TS allow this transfer
to occur at 36 inches. This proposed change
is conservative because it assures the suction
transfer will occur while there is more water
in the tank, thus eliminating the possibility
of vortex formation and air intrusion to the
HPCI pump suction. Since this proposed
change ensures the HPCI system automatic
suction transfer function occurs without
adversely impacting HPCI system operation,
it does not involve a significant increase in
the probability or consequences of an
accident previously evaluated.
The proposed editorial/administrative
change is necessary to correct a typographical
error in the SSES Units 1 and 2 TS Section
3.10.8.f. This editorial 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?
No. As discussed above, the proposed
change to TS Table 3.3.5.1–1 involves
increasing the TS allowable value for the
HPCI low level automatic transfer function
from the CST to the SP at ≥ 36 inches to ≥
40.5 inches above the CST tank bottom. This
change ensures the HPCI automatic transfer
function occurs without introducing the
possibility of vortex formation or air
intrusion in the HPCI pump suction path. All
HPCI system support functions remain
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16:15 Oct 05, 2009
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unaffected by this change. This TS change
does not introduce the possibility of a new
accident because the HPCI automatic transfer
function is not an initiator of any accident
and no new failure modes are introduced.
There are no new types of failures or new or
different kinds of accidents or transients that
could be created by these changes. Therefore,
this change does not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
The proposed editorial/administrative
change only corrects a typographical error in
the SSES Units 1 and 2 TS Section 3.10.8.f.
This editorial change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
No. The margin of safety is established
through equipment design, operating
parameters, and the setpoints at which
automatic actions are initiated. The proposed
change to TS Table 3.3.5.1–1 involves
increasing the allowable level at which the
HPCI automatic suction transfer from the
CST to the SP must occur to avoid the
possibility of vortex formation or air
intrusion into the HPCI pump. This change
does not result in a change to the level switch
setpoint, which initiates the HPCI suction
transfer from the CST to the SP. Although the
allowable value for the transfer is now closer
to the process setpoint for activation of the
level switch, this reduction in operating
margin was reviewed and determined to be
acceptable. The level switch setpoint
tolerances were established based on
historical instrument data and instrument
characteristics. These tolerances provide
adequate margin to the proposed TS
allowable value of 40.5 inches above the CST
bottom. The tolerances further ensure the
transfer will occur prior to level reaching the
technical specification allowable value.
Therefore, the proposed change does not
result in a significant reduction in a margin
of safety.
The proposed editorial/administrative
change only corrects a typographical error in
the SSES Units 1 and 2 TS Section 3.10.8.f.
This editorial change does not result in a
significant reduction in a margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Bryan A. Snapp,
Esquire, Assoc. General Counsel, PPL
Services Corporation, 2 North Ninth St.,
GENTW3, Allentown, PA 18101–1179.
NRC Branch Chief: Nancy L. Salgado.
PSEG Nuclear LLC, Docket No. 50–354,
Hope Creek Generating Station, Salem
County, New Jersey
Date of amendment request: July 30,
2009.
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51333
Description of amendment request:
The proposed amendment would
relocate Technical Specification (TS)
surveillance requirements (SRs) for the
reactor recirculation system motorgenerator (MG) set scoop tube stop
settings to the Technical Requirements
Manual (TRM). Specifically, the
proposed amendment would relocate TS
SR 4.4.1.1.3 to the TRM which is a
licensee-controlled document. SR
4.4.1.1.3 requires that each MG set
scoop tube mechanical and electrical
stop be demonstrated operable with
overspeed setpoints less than or equal to
109% and 107%, respectively, of rated
core flow, at least once per 18 months.
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. The Nuclear Regulatory
Commission (NRC) staff’s review 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 major components in the MG set
consist of a motor, fluid coupler and a
generator. The motor drives the generator
through the fluid coupler. The speed and
output of the generator rise and fall as the
volume of fluid in the coupler is varied by
changing the position of the scoop tube. As
the generator’s output increases or decreases,
the speed of the recirculation pump follows
suit. The scoop tube mechanism has both
mechanical and electrical overspeed stops
that limit recirculation flow by limiting the
MG set speed. The electrical stop actuates
first. The mechanical stop is designed to
prevent the scoop tube motion if the
electrical stop fails or to mitigate overshoot
of the electrical stop. The electrical stops are
not credited in any of the accident or
transient analyses. The mechanical stop
settings are an input used in the
determination of the flow dependent
minimum critical power ratio (MCPR) and
the linear heat generation rate (LHGR) or
average planar linear heat generation rate
(APLHGR) operating limits. These operating
limits are established and documented on a
cycle-specific basis in the core operating
limits report (COLR) in accordance with TS
6.9.1.9. Operation within the MCPR, LGHR
and APLHGR operating limits is required in
accordance with TSs 3.2.3, 3.2.4, and 3.2.1,
respectively.
Once relocated, any future changes to the
surveillance requirements for the MG set
scoop tube mechanical and electrical stop
settings would be controlled by 10 CFR
50.59.
There are no physical plant modifications
associated with this change. The proposed
amendment would not alter the way any
structure, system, or component (SSC)
functions and would not alter the way the
plant is operated. As such, the proposed
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amendment would have no impact on the
ability of the affected SSCs to either preclude
or mitigate an accident. Therefore, the
proposed change does 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.
The proposed amendment would not
change the design function or operation of
the SSCs involved and would not impact the
way the plant is operated. As such, the
proposed change would not introduce any
new failure mechanisms, malfunctions, or
accident initiators not already considered in
the design and licensing bases. Therefore, the
proposed change does not create the
possibility of a new or different kind of
accident from any previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The margin of safety is associated with the
confidence in the ability of the fission
product barriers (i.e., fuel cladding, reactor
coolant pressure boundary, and containment
structure) to limit the level of radiation to the
public. There are no physical plant
modifications associated with the proposed
amendment. The proposed amendment
would not alter the way any SSC functions
and would not alter the way the plant is
operated. The proposed amendment would
not introduce any new uncertainties or
change any existing uncertainties associated
with any safety limit. The proposed
amendment would have no impact on the
structural integrity of the fuel cladding,
reactor coolant pressure boundary, or
containment structure. Based on the above
considerations, the NRC staff concludes that
the proposed amendment would not degrade
the confidence in the ability of the fission
product barriers to limit the level of radiation
to the public. Therefore, the proposed change
does not involve a significant reduction in a
margin of safety.
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: Vincent
Zabielski, PSEG Nuclear LLC–N21, P.O.
Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K.
Chernoff.
jlentini on DSKJ8SOYB1PROD with NOTICES
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
VerDate Nov<24>2008
16:15 Oct 05, 2009
Jkt 220001
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
System (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR
Reference staff at 1 (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr.resource@nrc.gov.
Calvert Cliffs Nuclear Power Plant, Inc.,
Docket Nos. 50–317 and 50–318, Calvert
Cliffs Nuclear Power Plant, Unit Nos. 1
and 2, Calvert County, Maryland
Date of application for amendments:
May 21, 2009.
Brief description of amendments: The
amendments removed the Table of
Contents from the Technical
Specifications and place them under
licensee control.
Date of issuance: September 21, 2009.
Effective date: As of the date of
issuance to be implemented within 60
days.
PO 00000
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Amendment Nos.: 293 and 269.
Renewed Facility Operating License
Nos. DPR–53 and DPR–69: Amendments
revised the License and Technical
Specifications.
Date of initial notice in Federal
Register: June 30, 2009 (74 FR 31320).
The Commission’s related evaluation
of these amendments is contained in a
Safety Evaluation dated September 21,
2009.
No significant hazards consideration
comments received: No.
Duke Power Company LLC, et al.,
Docket Nos. 50–413 and 50–414,
Catawba Nuclear Station, Units 1 and 2,
York County, South Carolina.
Duke Power Company LLC, Docket
Nos. 50–369 and 50–370, McGuire
Nuclear Station, Units 1 and 2,
Mecklenburg County, North Carolina.
Duke Power Company LLC, Docket
Nos. 50–269, 50–270, and 50–287,
Oconee Nuclear Station, Units 1, 2, and
3, Oconee County, South Carolina.
Date of application for amendments:
February 27, 2009.
Brief description of amendments: The
amendments deleted those portions of
the Technical Specifications (TSs)
superseded by the Code of Federal
Regulations, Part 26, Subpart I. The
changes are consistent with Nuclear
Regulatory Commission (NRC)-approved
Revision 0 to Technical Specification
Task Force (TSTF) Improved Standard
Technical Specification Change
Traveler, TSTF–511, ‘‘Eliminate
Working Hour Restrictions from TS
5.2.2 to Support Compliance with 10
CFR Part 26.’’
Date of issuance: September 21, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment Nos.: 251 and 246.
Renewed Facility Operating License
Nos. NPF–35 and NPF–52: Amendments
revised the licenses and technical
specifications.
Amendment Nos.: 253 and 233.
Renewed Facility Operating License
Nos. NPF–9 and NPF–17: Amendments
revised the licenses and technical
specifications.
Amendment Nos.: 365, 367, and 366.
Renewed Facility Operating License
Nos. DPR–38, DPR–47, and DPR–55:
Amendments revised the licenses and
technical specifications.
Date of initial notices in Federal
Register: August 11, 2009 (74 FR
40236) Catawba and McGuire; and
August 11, 2009 (74 FR 40237) Oconee.
The Commission’s related evaluation
and final finding of no significant
hazards consideration of the
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amendments is contained in a Safety
Evaluation dated September 21, 2009.
No significant hazards consideration
comments received: No.
Entergy Operations, Inc., Docket No. 50–
368, Arkansas Nuclear One, Unit No. 2,
Pope County, Arkansas
Date of application for amendment:
November 13, 2008, as supplemented by
letters dated June 1, July 14, and August
17, 2009.
Brief description of amendment: The
amendment modified Technical
Specification 3.3.1.1, Reactor Protective
Instrumentation, specifically Table 4.3–
1 and associated Notes 7 and 8, to
clarify and streamline Reactor Coolant
System flow verification requirements
associated with the Departure from
Nucleate Boiling Ratio reactor trip
signal.
Date of issuance: September 16, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 90 days from the date of
issuance.
Amendment No.: 286.
Renewed Facility Operating License
No. NPF–6: Amendment revised the
Technical Specifications/license.
Date of initial notice in Federal
Register: January 27, 2009 (74 FR
4769). The supplemental letters dated
June 1, July 14, and August 17, 2009,
provided additional information that
clarified the application, did not expand
the scope of the application as originally
noticed, and did not change the staff’s
original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated September 16,
2009.
No significant hazards consideration
comments received: No.
jlentini on DSKJ8SOYB1PROD with NOTICES
Entergy Operations, Inc., Docket No. 50–
368, Arkansas Nuclear One, Unit No. 2,
Pope County, Arkansas
Date of application for amendment:
May 13, 2009, as supplemented by letter
dated July 8, 2009.
Brief description of amendment: The
amendment modified Technical
Specification 2.1.1.1, departure from
nucleate boiling ratio safety limit based
upon the Combustion Engineering 16 $×
16 Next Generation Fuel design and the
associated departure from nucleate
boiling correlations.
Date of issuance: September 18, 2009.
Effective date: As of the date of
issuance and shall be implemented after
the current cycle (Cycle 20) is
completed and prior to startup for
operating Cycle 21.
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16:15 Oct 05, 2009
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Amendment No.: 287.
Renewed Facility Operating License
No. NPF–6: Amendment revised the
Technical Specifications/license.
Date of initial notice in Federal
Register: June 30, 2009 (74 FR 31321).
The supplemental letter dated July 8,
2009, provided additional information
that clarified the application, did not
expand the scope of the application as
originally noticed, and did not change
the staff’s original proposed no
significant hazards consideration
determination as published in the
Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated September 18,
2009.
No significant hazards consideration
comments received: No.
Exelon Generation Company, LLC,
Docket Nos. 50–373 and 50–374, LaSalle
County Station, Units 1 and 2, LaSalle
County, Illinois
Date of application for amendments:
July 25, 2008 (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML082110187), as supplemented by
letters dated October 31, 2008 (ADAMS
Accession No. ML083080059), February
17, 2009 (ADAMS Accession No.
ML090480372), May 8, 2009 (ADAMS
Accession No. ML092380433) and July
27, 2009 (ADAMS Accession No.
ML092100162).
Brief description of amendments: The
amendments revised Technical
Specification (TS) 3.3.1.1, ‘‘Reactor
Protection System (RPS)
Instrumentation,’’ Surveillance
Requirement (SR) 3.3.1.1.8 and TS
3.3.1.3, ‘‘Oscillation Power Range
Monitor (OPRM) Instrumentation,’’ SR
3.3.1.3.2 to increase the frequency
interval between Local Power Range
Monitor calibrations from 1000 effective
full power hours (EFPH) to 2000 EFPH.
Date of issuance: September 16, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment Nos.: 195/182.
Facility Operating License Nos. NPF–
11 and NPF–18: The amendments
revised the Technical Specifications and
License.
Date of initial notice in Federal
Register: January 23, 2009 (74 FR
4250–4251). The October 31, 2008,
February 17, 2009, May 8, 2009, and
July 27, 2009 supplements, contained
clarifying information and did not
change the NRC staff’s initial proposed
finding of no significant hazards
consideration nor expand the scope of
the original Federal Register notice.
PO 00000
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51335
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated September 16,
2009.
No significant hazards consideration
comments received: No.
Exelon Generation Company, LLC,
Docket No. 50–289, Three Mile Island
Nuclear Station, Unit 1 (TMI–1),
Dauphin County, Pennsylvania
Date of application for amendment:
October 9, 2008, supplemented by letter
dated April 2, 2009.
Brief description of amendment: The
amendment reflects the planned
installation of replacement steam
generators (SGs). Specifically, the
amendment modified the technical
specifications to eliminate the existing
requirements associated with tube
sleeve repairs and alternate repair
criteria which are not applicable to the
replacement SGs. It also incorporated a
revised primary-to-secondary leakage
criterion, changes the required reporting
period for SG inspection results, and
incorporated revised tube integrity
surveillance frequency requirements to
reflect the new Alloy 690 tubing
material.
Date of issuance: September 15, 2009.
Effective date: Upon installation of
the replacement SGs and shall be
implemented prior to exiting cold
shutdown from the TMI–1 SG
replacement refueling outage (T1R18),
which is scheduled to begin in the fall
of 2009.
Amendment No.: 271.
Facility Operating License No. DPR–
50: Amendment revised the license and
the technical specifications.
Date of initial notice in Federal
Register: March 10, 2009 (74 FR
10310).
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated September 15,
2009.
No significant hazards consideration
comments received: No.
FPL Energy Duane Arnold, LLC, Docket
No. 50–331, Duane Arnold Energy
Center, Linn County, Iowa
Date of application for amendment:
January 30, 2009, as supplemented by a
letter dated July 30, 2009.
Brief description of amendment: The
amendment deleted the Duane Arnold
Energy Center (DAEC) Technical
Specification (TS) Section 5.2.2.e
regarding work hour controls.
Date of issuance: September 18, 2009.
Effective date: As of the date of
issuance and shall be implemented by
October 1, 2009. Amendment No.: 274.
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jlentini on DSKJ8SOYB1PROD with NOTICES
Facility Operating License No. DPR–
49: The amendment revised the
Technical Specifications.
Date of initial notice in Federal
Register: March 24, 2009 (74 FR
12393). The supplemental letter
contained clarifying information, did
not change the initial no significant
hazards consideration determination,
and did not expand the scope of the
original Federal Register notice.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated September 18,
2009.
No significant hazards consideration
comments received: No.
Nebraska Public Power District, Docket
No. 50–298, Cooper Nuclear Station,
Nemaha County, Nebraska
Date of amendment request: October
13, 2008, as supplemented by letters
dated April 8, May 29, June 12, and
September 1, 2009.
Brief description of amendment: The
amendment revised the licensing basis
by approving adoption of the
Alternative Source Term (AST), in
accordance with Section 50.67 of Title
10 of the Code of Federal Regulations
(10 CFR), for use in calculating the lossof-coolant accident (LOCA) dose
consequences. The amendment revised
the Technical Specifications (TSs) to (1)
change the TS definition for DOSE
EQUIVALENT I–131 to adopt Federal
Guidance Report 11 dose conversion
factors; (2) require operability of the
Standby Liquid Control system in Mode
3, to reflect its credit in the LOCA
analysis; (3) establish a Main Steam
(MS) Pathway leakage limit that
effectively increases the previous MS
isolation valve leakage limit; and (4)
change TS Section 5.5.12 to reflect a
requested permanent exemption from
the requirements of 10 CFR Part 50,
Appendix J, Option B, Section III.A, to
allow exclusion of MS Pathway leakage
from the overall integrated leakage rate
measured during the performance of a
Type A test, and from the requirements
of Appendix J, Option B, Section III.B,
to allow exclusion of the MS Pathway
leakage from the combined leakage rate
of the penetrations and valves subject to
Type B and C tests.
Date of issuance: September 15, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 45 days of issuance.
Amendment No.: 234.
Facility Operating License No. DPR–
46: Amendment revised the Facility
Operating License and Technical
Specifications.
Date of initial notice in Federal
Register: January 23, 2009 (74 FR
VerDate Nov<24>2008
16:15 Oct 05, 2009
Jkt 220001
4251). The supplemental letters dated
April 8, May 29, June 12, and September
1, 2009, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated September 15,
2009.
No significant hazards consideration
comments received: No.
Southern Nuclear Operating Company,
Inc., Docket Nos. 50–348 and 50–364,
Joseph M. Farley Nuclear Plant, Units 1
and 2, Houston County, Alabama
Date of amendment request: March
30, 2009.
Brief description of amendment
request: The amendments revised
Technical Specification (TS) by deleting
the Reactor Coolant Pump breaker
position reactor trip in TS 3.3.1,
‘‘Reactor Trip System (RTS)
Instrumentation.’’
Date of Issuance: September 18, 2009.
Amendment Nos.: Unit 1–183; Unit
2–176.
Facility Operating License Nos. NPF–
2 and NPF–8: The amendment revised
the Facility Operating License and
Technical Specifications.
Date of initial notice in Federal
Register: May 19, 2009 (74 FR 23448).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated September 18,
2009.
No significant hazards consideration
comments received: No.
Tennessee Valley Authority, Docket No.
50–390, Watts Bar Nuclear Plant (WBN),
Unit 1, Rhea County, Tennessee
Date of application for amendment:
June 5, 2009.
Brief description of amendment: The
amendment revised WBN Unit 1
technical specifications (TSs) to revise
the completion time from 1 hour to 24
hours for Condition B of TS 3.5.1,
‘‘Accumulators’’ and its associated
Bases.
Date of issuance: September 9, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 45 days of issuance.
Amendment No.: 81.
Facility Operating License No. NPF–
90: Amendment revises TS 3.5.1.
Date of initial notice in Federal
Register: June 30, 2009 (74 FR 31326).
The Commission’s related evaluation
of the amendment is contained in a
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Safety Evaluation dated September 9,
2009.
No significant hazards consideration
comments received: No.
Notice of Issuance of Amendments to
Facility Operating Licenses and Final
Determination of No Significant
Hazards Consideration and
Opportunity for a Hearing (Exigent
Public Announcement or Emergency
Circumstances)
During the period since publication of
the last biweekly notice, the
Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application for the
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. The Commission has
made appropriate findings as required
by the Act and the Commission’s rules
and regulations in 10 CFR Chapter I,
which are set forth in the license
amendment.
Because of exigent or emergency
circumstances associated with the date
the amendment was needed, there was
not time for the Commission to publish,
for public comment before issuance, its
usual Notice of Consideration of
Issuance of Amendment, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing.
For exigent circumstances, the
Commission has either issued a Federal
Register notice providing opportunity
for public comment or has used local
media to provide notice to the public in
the area surrounding a licensee’s facility
of the licensee’s application and of the
Commission’s proposed determination
of no significant hazards consideration.
The Commission has provided a
reasonable opportunity for the public to
comment, using its best efforts to make
available to the public means of
communication for the public to
respond quickly, and in the case of
telephone comments, the comments
have been recorded or transcribed as
appropriate and the licensee has been
informed of the public comments.
In circumstances where failure to act
in a timely way would have resulted, for
example, in derating or shutdown of a
nuclear power plant or in prevention of
either resumption of operation or of
increase in power output up to the
plant’s licensed power level, the
Commission may not have had an
opportunity to provide for public
comment on its no significant hazards
consideration determination. In such
case, the license amendment has been
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jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices
issued without opportunity for
comment. If there has been some time
for public comment but less than 30
days, the Commission may provide an
opportunity for public comment. If
comments have been requested, it is so
stated. In either event, the State has
been consulted by telephone whenever
possible.
Under its regulations, the Commission
may issue and make an amendment
immediately effective, notwithstanding
the pendency before it of a request for
a hearing from any person, in advance
of the holding and completion of any
required hearing, where it has
determined that no significant hazards
consideration is involved.
The Commission has applied the
standards of 10 CFR 50.92 and has made
a final determination that the
amendment involves no significant
hazards consideration. The basis for this
determination is contained in the
documents related to this action.
Accordingly, the amendments have
been issued and made effective as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.12(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action see (1) the application for
amendment, (2) the amendment to
Facility Operating License, and (3) the
Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment, as indicated. All of these
items are available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area 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/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 email to
pdr.resource@nrc.gov.
The Commission is also offering an
opportunity for a hearing with respect to
VerDate Nov<24>2008
16:15 Oct 05, 2009
Jkt 220001
the issuance of the amendment. Within
60 days after the date of publication of
this notice, any person(s) whose interest
may be affected by this action may file
a request for a hearing and a petition to
intervene with respect to issuance of the
amendment to the subject facility
operating license. Requests for a hearing
and a petition for leave to intervene
shall be filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR Part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland, and electronically on the
Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/doccollections/cfr/. If there are problems in
accessing the document, contact the
PDR Reference staff at 1 (800) 397–4209,
(301) 415–4737, or by e-mail to
pdr.resource@nrc.gov. If a request for a
hearing or petition for leave to intervene
is filed by the above date, the
Commission or a presiding officer
designated by the Commission or by the
Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
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51337
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.1
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns/
issues relating to technical and/or
health and safety matters discussed or
referenced in the applications.
2. Environmental—primarily
concerns/issues relating to matters
discussed or referenced in the
environmental analysis for the
applications.
3. Miscellaneous—does not fall into
one of the categories outlined above.
As specified in 10 CFR 2.309, if two
or more petitioners/requestors seek to
co-sponsor a contention, the petitioners/
requestors shall jointly designate a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention. If a petitioner/requestor
seeks to adopt the contention of another
sponsoring petitioner/requestor, the
petitioner/requestor who seeks to adopt
the contention must either agree that the
sponsoring petitioner/requestor shall act
as the representative with respect to that
contention, or jointly designate with the
sponsoring petitioner/requestor a
representative who shall have the
authority to act for the petitioners/
requestors with respect to that
contention.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
1 To the extent that the applications contain
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
and discuss the need for a protective order.
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hearing. Since the Commission has
made a final determination that the
amendment involves no significant
hazards consideration, if a hearing is
requested, it will not stay the
effectiveness of the amendment. Any
hearing held would take place while the
amendment is in effect.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
28, 2007, (72 FR 49139). The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the internet or in some cases to
mail copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
a waiver in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public website 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
VerDate Nov<24>2008
16:15 Oct 05, 2009
Jkt 220001
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 using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/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 a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville, Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
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Fmt 4703
Sfmt 4703
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Pacific Gas and Electric Company,
Docket No. 50–323, Diablo Canyon
Nuclear Power Plant, Unit No. 2, San
Luis Obispo County, California
Date of application for amendment:
September 3, 2009, as supplemented on
September 8, 2009.
Brief description of amendment: The
amendment revised the Diablo Canyon
Power Plant, Unit No. 2 Technical
Specification (TS) 3.7.1, ‘‘Main Steam
Safety Valves (MSSVs),’’ by increasing
the Power Range Neutron Flux High
setpoint in TS Table 3.7.1–1 from 87
percent rated thermal power (RTP) to
106 percent RTP. This will allow the
unit to operate at full power with one
main steam safety valve, MS–2–RV–224,
inoperable for the remainder of Cycle
15.
Date of issuance: September 17, 2009.
Effective date: As of its date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment No.: 208.
Facility Operating License No. DPR–
82: The amendment revised the Facility
Operating License and Technical
Specifications.
Public comments requested as to
proposed no significant hazards
consideration (NSHC): Yes. A public
notice of the proposed amendment was
published in The Tribune newspaper,
located in San Luis Obispo, California,
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Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices
on September 11 and 12, 2009. The
notice provided an opportunity to
submit comments on the NRC staff’s
proposed NSHC determination.
The supplemental letter dated
September 8, 2009, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the NRC staff’s
original proposed no significant hazards
consideration determination as
published in The Tribune.
The Commission’s related evaluation
of the amendment, finding of exigent
circumstances, consideration of public
comments, state consultation, and final
NSHC determination are contained in a
safety evaluation dated September 17,
2009.
Attorney for licensee: Jennifer Post,
Esq., Pacific Gas and Electric Company,
P.O. Box 7442, San Francisco, California
94120.
NRC Branch Chief: Michael T.
Markley.
Dated at Rockville, Maryland, this 25th day
of September 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–23780 Filed 10–5–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0361]
Notice of Availability for Comment of
Draft Standard Review Plan for
Renewal of Independent Spent Fuel
Storage Installation Licenses and Dry
Cask Storage System Certificates of
Compliance
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of availability and
opportunity to provide comments.
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
DATES: Comments must be provided by
December 21, 2009.
FOR FURTHER INFORMATION CONTACT: Ata
Istar, Structural Mechanics and
Materials Branch, Division of Spent
Fuel Storage and Transportation
Division, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20005–0001. Telephone: (301) 492–
3409; fax number: (301) 492–3342;
e-mail: ata.istar@nrc.gov.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:15 Oct 05, 2009
Jkt 220001
I. Introduction
The Nuclear Regulatory Commission
(NRC) has prepared a draft Standard
Review Plan (SRP) NUREG–1927,
entitled ‘‘Standard Review Plan for
Renewal of Independent Spent Fuel
Storage Installation Licenses and Dry
Cask Storage System Certificate of
Compliance.’’ This draft SRP would
provide guidance to the NRC staff when
reviewing Safety Analyses Reports
submitted by applicants for renewals of
specific Independent Spent Fuel Storage
Installation licenses or dry cask storage
system certificates of compliance under
10 CFR part 72. This draft SRP is related
to the proposed rule published in the
Federal Register on September 15, 2009
(74 FR 47126). The NRC is soliciting
public comments on this draft SRP,
which will be considered before the
NRC issues the final version.
II. Further Information
Documents related to this action are
available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access the NRC’s
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
accession numbers for the documents
related to this notice are provided in the
following table. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) reference
staff at 1–800–397–4209, 301–415–4737,
or by e-mail to ata.istar@nrc.gov.
Interim staff guidance
documents
Draft of SRP
NUREG–1927.
ADAMS accession
No.
ML092510340.
Frm 00087
Fmt 4703
Comments can also be submitted by
telephone, fax, or e-mail to the
following: Telephone: (301) 492–3409;
fax number: (301) 492–3342; e-mail:
ata.istar@nrc.gov.
Dated at Rockville, Maryland, this 29th day
of September 2009.
For the U.S. Nuclear Regulatory
Commission.
Christopher M. Regan,
Chief, Structural Mechanics and Materials
Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E9–24051 Filed 10–5–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–361 and 50–362; NRC–
2009–0439]
Southern California Edison Company;
San Onofre Nuclear Generating
Station, Unit 2 and Unit 3;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of a temporary exemption from
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Section
50.46 and 10 CFR 50, Appendix K, for
Facility Operating License Nos. NPF–10
and NPF–15, issued to Southern
California Edison Company (SCE, the
licensee), for operation of the San
Onofre Nuclear Generating Station
(SONGS), Unit 2 and Unit 3,
respectively, located in San Diego
County, California. Therefore, as
required by 10 CFR 51.21, the NRC is
issuing this environmental assessment
and finding of no significant impact.
Environmental Assessment
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O–1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee. Comments and
questions on this draft SRP should be
directed to Ata Istar, Structural
Mechanics and Materials Branch,
Division of Spent Fuel Storage and
Transportation, Office of Nuclear
Materials Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20005–0001 by
December 21, 2009. Comments received
after this date will be considered if it is
practical to do so, but assurance of
consideration cannot be given to
comments received after this date.
PO 00000
51339
Sfmt 4703
Identification of the Proposed Action
The requirements in 10 CFR 50.46
specifically, and 10 CFR 50, Appendix
K implicitly, refer to the use of Zircaloy
or ZIRLO cladding. Therefore, a
temporary exemption is required to use
fuel rods clad with an advanced
zirconium-based alloy that is not either
Zircaloy or ZIRLO. Unlike the current
fuel assemblies, the lead fuel assemblies
(LFAs) manufactured by AREVA NP
will contain M5 alloy cladding material.
The licensee has requested a temporary
exemption to allow the use of M5 alloy
cladding.
The temporary exemption would
allow up to 16 LFAs manufactured by
AREVA NP with M5 alloy cladding
material to be inserted into the SONGS
Unit 2 or Unit 3 reactor cores during the
E:\FR\FM\06OCN1.SGM
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Agencies
[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51326-51339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23780]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0433]
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
[[Page 51327]]
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 September 10, 2009, to September 23, 2009.
The last biweekly notice was published on September 22, 2009 (74 FR
48316).
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 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
[[Page 51328]]
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 petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail 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 using the agency's adjudicatory e-
filing system 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 email to pdr.resource@nrc.gov.
Dairyland Power Cooperative, Docket No. 50-409, La Crosse Boiling Water
Reactor, Genoa, Wisconsin (TAC J00359)
Date of amendment request: July 28, 2009.
Description of amendment request: The amendment application
proposes changes to Technical Specifications, in support of the dry
cask storage project at La Crosse Boiling Water Reactor. The
application specifically proposes lower Fuel Element Storage Well water
level limits and proposes changes to the definition of ``fuel
handling.''
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?
No.
The proposed change to the definition of FUEL HANDLING is an
administrative
[[Page 51329]]
clarification and does not affect the operation of the plant or the
postulated accidents in any way. The proposed changes to allow lower
Fuel Element Storage Well (FESW) water level limits do not alter the
manner in which individual fuel assemblies are moved or alter the
design function of the FESW or any other structures, systems, and
components used to ensure safe fuel storage. The total number of
fuel assembly moves to the Dry Cask Storage System is exactly the
same as that contemplated during original plant design when fuel was
assumed to be transported from the plant directly to a disposal
site. All of the accidents previously evaluated in the La Crosse
Boiling Water Reactor (LACBWR) Decommissioning Plan have been
reviewed for impact as a result of the proposed water level changes.
The proposed changes do not affect the plant in such a manner that
the likelihood or consequences of any previously evaluated accident
is increased.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
No.
The proposed change to the definition of FUEL HANDLING is an
administrative clarification and does not affect the operation of
the plant in any way. The proposed changes to allow lower FESW water
level limits do not alter the manner in which individual fuel
assemblies are moved; or alter the design function of the FESW or
any other structures, systems, and components used to ensure safe
fuel storage. All of the accidents previously evaluated in the
LACBWR Decommissioning Plan have been reviewed for impact as a
result of the proposed water level changes. The existing accidents
remain applicable and bounding for the LACBWR facility with the
proposed changes in place and do not affect the plant in such a
manner that a new accident has been created.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety? No.
The proposed change to the definition of FUEL HANDLING is an
administrative clarification and does not affect plant operation or
safety margins in any way. The proposed changes to allow lower FESW
water level limits do not alter the manner in which individual fuel
assemblies are moved; or alter the design function of the FESW or
any other structures, systems, and components used to ensure safe
fuel storage. All of the accidents previously evaluated in the
LACBWR Decommissioning Plan have been reviewed for impact as a
result of the proposed water level changes. The likelihood and
consequences of previously evaluated accidents remain applicable and
bounding with the proposed changes in place; thus, safety margins
remain the same.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The U.S. Nuclear Regulatory Commission (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.
NRC Branch Chief: Andrew Persinko.
Entergy Nuclear Operations, Inc., Docket No. 50-286, Indian Point
Nuclear Generating Unit No. 3, Westchester County, New York
Date of amendment request: July 23, 2009.
Description of amendment request: The proposed amendment would
remove the level indicating instrument from the Technical Specification
Surveillance Requirement (SR) for the refueling water storage tank, but
leave the low level alarm function in the SR.
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?
No. The proposed change revises the existing Indian Point 3
Refueling Water Storage Tank (RWST) Technical Specification (TS)
Surveillance Requirement (SR) to remove the level indication
function for the L-921 instrument loop. Removal of a TS SR for the
level indication does not increase the probability of an accident
occurring since it is not an accident initiator and does not
increase the consequences of an accident since it is not performing
any mitigating function and is not a post accident instrument. The
proposed revision will not affect RWST lo-lo level alarm function
used for operator guidance to begin sequencing to Recirculation Mode
of Safety Injection during a postulated loss of coolant accident
(LOCA). There will be no change in equipment qualification
requirements or changes to the surveillance requirement for the lo-
lo level alarm. Therefore the proposed change does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
No. The proposed change removes the RWST level indication
function from the RWST lo-lo level alarm surveillance requirement
for the L-921 instrument loop. The proposed change does not involve
installation of new equipment or modification of existing equipment,
so that no new equipment failure modes are introduced. Also, the
proposed change does not result in a change to the way that the
equipment or facility is operated so that no new accident initiators
are created. Therefore the proposed change does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
No. The proposed change removes the RWST level indication
function from the RWST io-lo level alarm surveillance requirement
for the L-921 instrument loop. There is no change to the design
requirements or the surveillance interval. The proposed change does
not add the level indicating function elsewhere in the TS because it
is a local level indication that is only used during normal
operation and was never a post accident monitoring instrument.
Therefore the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Mr. William C. Dennis, Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White
Plains, NY 10601.
NRC Branch Chief: Nancy L. Salgado.
Entergy Nuclear Operations, Inc., Docket No. 50-333, James A.
FitzPatrick Nuclear Power Plant (JAFNPP), Oswego County, New York
Date of amendment request: July 31, 2009.
Description of amendment request: The proposed change would revise
the JAFNPP Technical Specifications (TSs) Surveillance Requirements
(SR) for testing of the Residual Heat Removal (RHR) System Shutdown
Cooling (SDC) mode Containment Isolation, Reactor Pressure--High
Function by replacing the current requirement to perform TS SR
3.3.6.1.3, Perform Channel Calibration, with TS SR 3.3.6.1.1 Perform
Channel Check, SR 3.3.6.1.2, Perform Channel Functional Test, SR
3.3.6.1.4, Calibrate the Trip Units, and SR 3.3.6.1.5, Perform Channel
Calibration. These changes are to support a proposed plant modification
to increase the reliability of SDC isolation logic by changing the
source of the reactor high pressure input signal.
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:
[[Page 51330]]
1. Will operation of the facility in accordance with this
proposed change involve a significant increase in the probability or
consequences of an accident previously evaluated?
Response: No.
The proposed change modifies the SRs that demonstrate the
operability of the SDC Isolation, Reactor Pressure--High function.
The current surveillance requirements include a 92-day calibration
and a 24-month logic system functional test. These surveillance
requirements are typical for pressure switches installed on
dedicated process measurement lines. The proposed change in
surveillance requirements is consistent with the use of ATTS [Analog
Transmitter Trip System] transmitters installed on shared process
measurement lines. The proposed surveillance requirements include
the standard requirements applied to all ATTS equipment and thus
will result in acceptable demonstration of the operability of the
SDC Isolation Reactor Pressure--High function.
The ATTS equipment that will be used for the SDC Isolation,
Reactor Pressure--High function is classified as safety related and
is environmentally qualified. The logic input configuration of the
ATTS equipment will be the same as the configuration of the pressure
switches. This will assure the same functionality currently
performed by the pressure switches currently used for the SDC
Isolation Reactor Pressure--High function. The reliability of the
ATTS has been proven in other RPS [Reactor Protection System], PCIS
[Primary Containment Isolation System], and ECCS [Emergency Core
Cooling System] functions and is comparable to the reliability of
the pressure switches that currently perform the SDC Isolation,
Reactor Pressure--High function. Therefore, the consequences of any
accident mitigated by the SDC Isolation, Reactor Pressure--High
function will not increase.
Based on these considerations, the proposed surveillance
requirement changes do not involve a significant increase in the
probability or consequences of an accident 'previously evaluated.
2. Will operation of the facility in accordance with this
proposed change create the possibility of a new or different kind of
accident from any accident previously evaluated?
Response: No.
The proposed change aligns the TS surveillance requirements with
the type of equipment that will be used to supply the reactor
pressure input to the SDC Isolation Reactor Pressure--High logic.
Since the transmitters that will be used to supply the reactor
pressure input are currently installed equipment there are no new
accidents introduced by the equipment. The proposed change in SRs
aligns the requirements with the--requirements currently imposed on
the equipment in other JAF TS applications. The performance of the
SDC Isolation, Reactor Pressure--High function, is not altered by
changing the input source for reactor pressure parameter. Redundant
power sources within the ATTS assure the functionality of the system
during all plant operating modes that require the SDC Isolation,
Reactor Pressure--High function. The proposed change will not
introduce any new failure modes and, therefore, does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Will operation of the facility in accordance with this
proposed change involve a significant reduction in a margin of
safety?
Response: No.
The TS surveillance requirements that will be imposed on the SDC
Isolation, Reactor Pressure--High function reflect the equipment
that will perform that function. The proposed change in surveillance
requirements will appropriately demonstrate the operability of the
SDC Isolation, Reactor Pressure--High function.
Since the proposed changes to the SRs are consistent with the
SRs for ATTS transmitters in other RPS, PCIS, and ECCS applications
the proposed requirements have been demonstrated to provide an
adequate margin of safety. Therefore, the proposed change does not
involve a significant reduction in any margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Mr. William C. Dennis, Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White
Plains, NY 10601.
NRC Branch Chief: Nancy L. Salgado.
Entergy Operations, Inc., Docket No. 50-313, Arkansas Nuclear One, Unit
No. 1, Pope County, Arkansas
Date of amendment request: August 5, 2009.
Description of amendment request: Current Technical Specification
(TS) 5.5.8, ``Inservice Testing Program,'' contains references to the
American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code, Section XI as the source of requirements for the inservice
testing (IST) of ASME Code Class 1, 2, and 3 pumps and valves. The
proposed amendment would delete the references to Section XI of the
Code and incorporate references to the ASME Code for Operation and
Maintenance of Nuclear Power Plants (ASME OM Code). The proposed
amendment would also indicate that there may be some nonstandard
frequencies utilized in the IST Program in which the provisions of
Surveillance Requirement 3.0.2 are applicable. The proposed changes are
consistent with Technical Specification Task Force (TSTF) Technical
Change Travelers 479-A, ``Changes to Reflect Revision to 10 CFR
50.55a,'' and 497-A, ``Limit Inservice Testing Program SR 3.0.2
Application to Frequencies of 2 Years or Less.''
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 change revises TS 5.5.8, Inservice Testing Program,
for consistency with the requirements of 10 CFR 50.55a(f)(4) for
pumps and valves which are classified as American Society of
Mechanical Engineers (ASME) Code Class 1, Class 2 and Class 3. The
proposed change incorporates revisions to the ASME Code which is
consistent with the expectations of 10 CFR 50.55(a).
The proposed change does not impact any accident initiators or
analyzed events or assumed mitigation of accident or transient
events. The proposed change does not involve the addition or removal
of any equipment, or any design changes to the facility. Therefore,
this proposed change does not represent a significant increase in
the probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change does not involve a modification to the
physical configuration of the plant (i.e., no new equipment will be
installed) or change in the methods governing normal plant
operation. The proposed change does not introduce a new accident
initiator, accident precursor, or malfunction mechanism. Therefore,
this proposed change does not create the possibility of an accident
or a different kind than previously evaluated.
3. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change revises TS 5.5.8, Inservice Testing Program,
for consistency with the requirements of 10 CFR 50.55a(f)(4) for
pumps and valves which are classified as ASME Code Class 1, Class 2
and Class 3. The proposed change incorporates revisions to the ASME
Code, which is consistent with the expectations of 10 CFR 50.55a.
The safety function of the affected pumps and valves are maintained.
Therefore, this 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
[[Page 51331]]
amendment request involves no significant hazards consideration.
Attorney for licensee: Terence A. Burke, Associate General
Council--Nuclear Entergy Services, Inc., 1340 Echelon Parkway, Jackson,
Mississippi 39213.
NRC Branch Chief: Michael T. Markley.
Exelon Generation Company, LLC, and PSEG Nuclear, LLC, Docket Nos. 50-
277 and 50-278, Peach Bottom Atomic Power Station (PBAPS), Units 2 and
3, York and Lancaster Counties, Pennsylvania
Date of amendment request: July 30, 2009.
Description of amendment request: The proposed amendment would
delete Technical Specification (TS) Section 3.6.3.1, ``Containment
Atmosphere Dilution (CAD) System,'' to modify containment combustible
gas control requirements as permitted by Title 10 of the Code of
Federal Regulations, Part 50 Section 50.44 (10 CFR 50.44). 10 CFR 50.44
was revised on September 16, 2003, as noticed in the Federal Register
(68 FR 54123).
The Nuclear Regulatory Commission (NRC) staff issued a ``Notice Of
Opportunity To Comment On Model Safety Evaluation, Model No Significant
Hazards Determination, And Model Application For Licensees that Wish To
Adopt TSTF-478, Revision 2, `BWR [Boiling-Water Reactor] Technical
Specification Changes that Implement the Revised Rule for Combustible
Gas Control,'' in the Federal Register on October 11, 2007 (72 FR
57970). The notice included a model safety evaluation (SE) and a model
no significant hazards consideration (NSHC) determination. On November
21, 2007, the NRC staff issued a notice in the Federal Register (72 FR
65610) announcing that the model SE and model NSHC determination may be
referenced in plant-specific applications to adopt the changes. In its
application dated July 30, 2009, the licensee affirmed the
applicability of the model NSHC determination which is presented below.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), an analysis of the issue
of NSHC is presented below:
Criterion 1: The proposed change does not involve a significant
increase in the probability or consequences of an accident previously
evaluated
The Containment Atmosphere Dilution (CAD) system is not an
initiator to any accident previously evaluated. The TS Required
Actions taken when a drywell cooling system fan is inoperable are
not initiators to any accident previously evaluated. As a result,
the probability of any accident previously evaluated is not
significantly increased.
The revised 10 CFR 50.44 no longer defines a design-basis
accident (DBA) hydrogen release and the Commission has subsequently
found that the DBA loss-of-coolant accident (LOCA) hydrogen release
is not risk significant. In addition, CAD has been determined to be
ineffective at mitigating hydrogen releases from the more risk
significant beyond DBAs that could threaten containment integrity.
Therefore, elimination of the CAD system will not significantly
increase the consequences of any accident previously evaluated. The
consequences of an accident while relying on the revised TS Required
Actions for drywell cooling system fans are no different than the
consequences of the same accidents under the current Required
Actions. As a result, the consequences of any accident previously
evaluated are not significantly increased.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
Criterion 2: The proposed change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated
No new or different accidents result from utilizing the proposed
change. The proposed change permits physical alteration of the plant
involving removal of the CAD system. The CAD system is not an
accident precursor, nor does its existence or elimination have any
adverse impact on the pre-accident state of the reactor core or post
accident confinement of radionuclides within the containment
building from any design basis event. The changes to the TS do not
alter assumptions made in the safety analysis, but reflect changes
to the design requirements allowed under the revised 10 CFR 50.44.
The proposed change is consistent with the revised safety analysis
assumptions.
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 Commission has determined that the DBA LOCA hydrogen release
is not risk significant, therefore is not required to be analyzed in
a facility accident analysis. The proposed change reflects this new
position and, due to remaining plant equipment, instrumentation,
procedures, and programs that provide effective mitigation of and
recovery from reactor accidents, including postulated beyond design
basis events, does not result in a significant reduction in a margin
of safety.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, the NRC concludes that the proposed change
presents no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Mr. J. Bradley Fewell, Associate General
Counsel, Exelon Generation Company LLC, 4300 Winfield Road,
Warrenville, IL 60555.
NRC Branch Chief: Harold K. Chernoff.
Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station
(FCS), Unit No. 1, Washington County, Nebraska
Date of amendment request: May 29, 2009.
Description of amendment request: The proposed amendment would: (1)
Revise the definition for Operable-Operability in the FCS Technical
Specifications (TS); (2) modify the provisions under which equipment
may be considered operable when either its normal or emergency power
source is inoperable; (3) delete TS limiting condition for operation
(LCO) 2.0.1(2); (4) delete diesel generator surveillance requirement
(SR) 3.7(1)e; and (5) relocate the guidance for inoperable power
supplies and verifying operability of redundant components into the LCO
for electrical equipment 2.7, Electrical Systems.
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 revise the definition of operable-
operability, modify the provisions under which equipment may be
considered operable when either its normal or emergency power source
is inoperable, delete Technical Specification (TS) limiting
conditions for operation (LCO) 2.0.1(2), and relocate the guidance
for inoperable power supplies and verifying operability of redundant
components into the LCO for electrical equipment is more aligned
with NUREG-1432, Standard Technical Specifications [STS] for
Combustion Engineering Plants, and does not adversely impact the
probability of an accident
[[Page 51332]]
previously evaluated. The proposed changes are being made to address
inconsistencies in guidance provided in TS 2.0.1(2) and TS 2.7(2).
The proposed change does not affect the operability requirements for
the emergency diesel generators (EDGs) or the house service
transformers, and therefore does not impact the consequences of an
analyzed accident.
The new requirement added to TS 2.7 provides assurance that a
loss of offsite power during the period that an EDG (or house
service transformer) is inoperable, or loss of an EDG during the
period that a house service transformer is inoperable, or loss of a
house service transformer during the period that an EDG is
inoperable, does not result in a complete loss of safety function of
critical systems; thereby such a loss does not significantly
increase the probability of an accident.
Consistent with NUREG 1432, the 4-hour allowed time added to TS
2.7(2)j for the EDGs, takes into account the capacity and capability
of the remaining alternating current (AC) sources, a reasonable time
for repairs, and the low probability of a design basis accident
(DBA) occurring during this period. On a component basis, single
failure protection for the required feature's function may have been
lost; however, function has not been lost.
Additionally, consistent with NUREG-1432, the 24-hour allowed
time added to TS 2.7(2)b for the house service transformers takes
into account the capacity and capability of the remaining AC
sources, a reasonable time for repairs, and the low probability of a
DBA occurring during this period.
The proposed change removes the surveillance requirement (SR) to
perform an inspection of the EDG on a refueling inspection frequency
in accordance with the manufacturer's recommendations. This
inspection is considered a maintenance activity, not an SR, and has
no impact on the probability of an accident since EDGs are not
initiators for any analyzed event. Deletion of TS SR 3.7(1)e from
the TS does not impact the capability of the EDGs to perform their
accident mitigation functions. The required EDG maintenance
inspections will continue to be performed in accordance with the
licensee-controlled EDG maintenance process. The consequences of an
accident are not impacted because EDG operability is controlled by
other portions of TS 3.7, which ensures that required surveillances
are performed. The appropriate LCOs are entered in the event that
EDG surveillance criteria are not met.
As a result of redefining ``OPERABLE'' and adding the provision
to TS 2.7(2)j, the statements ``provided there are no inoperable
required engineered safeguards components which are redundant''
related to the electrical distribution components are being deleted
from the other 2.7(2) TS for the buses, transformer, and motor
control center (MCC) for clarification and consistency because these
statements restrict only to engineered safeguards components. In
addition, the administrative changes to renumber the existing TS
sections ``TS 2.0.1(3) to 2.0.1(2)'' and TS 3.7(1)f to TS 3.7(1)e.
are being made as a result of deletions to previous TS paragraphs
and are being made for consistency and clarification. Rearranging
the listing order of the MCCs in TS 2.7(1)f and TS 2.7(2)g in bus
order clarifies the TS. As such, these editorial changes are not
initiators of any accidents previously evaluated. As a result, the
probability of an accident previously evaluated is not affected.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed changes do not involve a physical alteration to the
plant (i.e., no new or different type of equipment will be
installed) or a change in methods governing normal plant operation.
The proposed changes to TS 2.0.1(2) and TS 2.7 do not create the
possibility of a new or different kind of accident since the design
function of the affected equipment is not changed. No new
interactions between systems or components are created. No new
failure mechanisms of associated systems will exist.
By deleting TS LCO 2.0.1(2) and including the guidance in TS
2.7, inconsistencies in the existing TS will be eliminated. The new
requirements added to TS 2.7 will include guidance to declare
required systems or components without a normal or emergency power
source available inoperable, when a redundant system or component is
also inoperable. This provides assurance that a loss of offsite
power, during the period that an EDG (or house service transformer)
is inoperable, or loss of an EDG during the period that a house
service transformer is inoperable (or vice versa), does not result
in a complete loss of safety function of critical systems.
No new failure mechanisms would be created. The proposed changes
do not alter any assumptions made in the safety analyses. For the
most part, the proposed changes are more aligned with the STS.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed changes to delete TS 2.0.1(2) and relocate the
guidance for inoperable power supplies and verifying operability of
redundant components to TS LCO 2.7(2)j, to delete the statement that
MCC-3C1 may be inoperable in excess of 8 hours if battery chargers
No. 1 and No. 2 are operable, and to delete the SR for inspecting
the DG on a refueling frequency in accordance with the
manufacturer's recommendations do not alter the manner in which
safety limits or limiting safety system settings are determined. The
safety analysis acceptance criteria are not affected by these
proposed changes. The sources of power credited for design basis
events are not affected by the proposed changes.
The proposed changes to modify the provisions under which
equipment may be considered operable when either its normal or
emergency power source is inoperable, delete TS LCO 2.0.1(2), and
relocate the guidance for inoperable power supplies and verifying
operability of redundant components into the LCO for electrical
equipment is more aligned with the STS. These changes are being made
to address inconsistencies in guidance provided in TS 2.0.1(2) and
TS 2.7(2). The proposed change does not reduce the operability
requirements for the transformers, buses, MCCs, or EDGs and
therefore will not result in plant operation in a configuration
outside of the design basis.
Further, the proposed change does not change the design function
of any equipment assumed to operate in the event of an accident.
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: David A. Repka, Esq., Winston & Strawn, 1700
K Street, NW., Washington, DC 20006-3817.
NRC Branch Chief: Michael T. Markley.
PPL Susquehanna, LLC, Docket Nos. 50-387 and 50-388, Susquehanna Steam
Electric Station, Units 1 and 2 (SSES Units 1 and 2), Luzerne County,
Pennsylvania
Date of amendment request: March 24, 2009, as supplemented by
letters dated April 24, and September 11, 2009.
Description of amendment request: The proposed change revises the
allowable value in the Technical Specification (TS) Table 3.3.5.1-1
(Function 3.d) for the high-pressure coolant injection (HPCI) automatic
pump suction transfer from the condensate storage tank (CST) to the
suppression pool (SP). The present allowable value for this transfer is
greater than or equal to 36 inches above the CST bottom. The proposed
change is to increase the allowable value for this transfer to occur at
greater than or equal to 40.5 inches above the CST bottom.
Additionally, the proposed amendment also includes an editorial/
administrative change which corrects a typographical error in the SSES
Units 1 and 2 TS Section 3.10.8.f.
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:
[[Page 51333]]
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
No. The proposed change to TS Table 3.3.5.1-1 increases the
Technical Specification allowable value for the HPCI suction low
level automatic transfer function from >= 3 6 inches to >= 40.5
inches above the CST bottom. There are no process setpoint changes
associated with this TS allowable value change. This TS change does
not introduce the possibility of an increase in the probability or
consequences of an accident because the HPCI automatic transfer
function is not an initiator of any new accidents nor does it
introduce any new failure modes. The CST is not safety related and
therefore not credited in any design basis accident analyses.
However, the CST reserve volume is credited in anticipated
transients without scram (ATWS), Appendix R and station blackout
(SBO) evaluations. The reserve volume available in the CST at the
proposed allowable value of 40.5 inches above the CST bottom remains
adequate to fully support these HPCI system support functions and
the change fully supports HPCI system operation. The reserve volume
is not reduced as a result of the proposed change in the TS
allowable value since the transfer will still occur at the CST low
level instrument setpoint of 43.5 inches above tank bottom, which
remains unchanged.
The HPCI system automatic transfer function occurs at the point
in a design basis accident (DBA) when the CST level reaches the low
level transfer setpoint. This proposed change will require the HPCI
pump suction to be transferred from the CST to the SP at 40.5 inches
versus 36 inches above the CST bottom. Currently, the TS allow this
transfer to occur at 36 inches. This proposed change is conservative
because it assures the suction transfer will occur while there is
more water in the tank, thus eliminating the possibility of vortex
formation and air intrusion to the HPCI pump suction. Since this
proposed change ensures the HPCI system automatic suction transfer
function occurs without adversely impacting HPCI system operation,
it does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
The proposed editorial/administrative change is necessary to
correct a typographical error in the SSES Units 1 and 2 TS Section
3.10.8.f. This editorial 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?
No. As discussed above, the proposed change to TS Table 3.3.5.1-
1 involves increasing the TS allowable value for the HPCI low level
automatic transfer function from the CST to the SP at >= 36 inches
to >= 40.5 inches above the CST tank bottom. This change ensures the
HPCI automatic transfer function occurs without introducing the
possibility of vortex formation or air intrusion in the HPCI pump
suction path. All HPCI system support functions remain unaffected by
this change. This TS change does not introduce the possibility of a
new accident because the HPCI automatic transfer function is not an
initiator of any accident and no new failure modes are introduced.
There are no new types of failures or new or different kinds of
accidents or transients that could be created by these changes.
Therefore, this change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
The proposed editorial/administrative change only corrects a
typographical error in the SSES Units 1 and 2 TS Section 3.10.8.f.
This editorial change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
No. The margin of safety is established through equipment
design, operating parameters, and the setpoints at which automatic
actions are initiated. The proposed change to TS Table 3.3.5.1-1
involves increasing the allowable level at which the HPCI automatic
suction transfer from the CST to the SP must occur to avoid the
possibility of vortex formation or air intrusion into the HPCI pump.
This change does not result in a change to the level switch
setpoint, which initiates the HPCI suction transfer from the CST to
the SP. Although the allowable value for the transfer is now closer
to the process setpoint for activation of the level switch, this
reduction in operating margin was reviewed and determined to be
acceptable. The level switch setpoint tolerances were established
based on historical instrument data and instrument characteristics.
These tolerances provide adequate margin to the proposed TS
allowable value of 40.5 inches above the CST bottom. The tolerances
further ensure the transfer will occur prior to level reaching the
technical specification allowable value. Therefore, the proposed
change does not result in a significant reduction in a margin of
safety.
The proposed editorial/administrative change only corrects a
typographical error in the SSES Units 1 and 2 TS Section 3.10.8.f.
This editorial change does not result in a significant reduction in
a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Bryan A. Snapp, Esquire, Assoc. General
Counsel, PPL Services Corporation, 2 North Ninth St., GENTW3,
Allentown, PA 18101-1179.
NRC Branch Chief: Nancy L. Salgado.
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Salem County, New Jersey
Date of amendment request: July 30, 2009.
Description of amendment request: The proposed amendment would
relocate Technical Specification (TS) surveillance requirements (SRs)
for the reactor recirculation system motor-generator (MG) set scoop
tube stop settings to the Technical Requirements Manual (TRM).
Specifically, the proposed amendment would relocate TS SR 4.4.1.1.3 to
the TRM which is a licensee-controlled document. SR 4.4.1.1.3 requires
that each MG set scoop tube mechanical and electrical stop be
demonstrated operable with overspeed setpoints less than or equal to
109% and 107%, respectively, of rated core flow, at least once per 18
months.
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. The Nuclear Regulatory Commission (NRC) staff's review
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 major components in the MG set consist of a motor, fluid
coupler and a generator. The motor drives the generator through the
fluid coupler. The speed and output of the generator rise and fall
as the volume of fluid in the coupler is varied by changing the
position of the scoop tube. As the generator's output increases or
decreases, the speed of the recirculation pump follows suit. The
scoop tube mechanism has both mechanical and electrical overspeed
stops that limit recirculation flow by limiting the MG set speed.
The electrical stop actuates first. The mechanical stop is designed
to prevent the scoop tube motion if the electrical stop fails or to
mitigate overshoot of the electrical stop. The electrical stops are
not credited in any of the accident or transient analyses. The
mechanical stop settings are an input used in the determination of
the flow dependent minimum critical power ratio (MCPR) and the
linear heat generation rate (LHGR) or average planar linear heat
generation rate (APLHGR) operating limits. These operating limits
are established and documented on a cycle-specific basis in the core
operating limits report (COLR) in accordance with TS 6.9.1.9.
Operation within the MCPR, LGHR and APLHGR operating limits is
required in accordance with TSs 3.2.3, 3.2.4, and 3.2.1,
respectively.
Once relocated, any future changes to the surveillance
requirements for the MG set scoop tube mechanical and electrical
stop settings would be controlled by 10 CFR 50.59.
There are no physical plant modifications associated with this
change. The proposed amendment would not alter the way any
structure, system, or component (SSC) functions and would not alter
the way the plant is operated. As such, the proposed
[[Page 51334]]
amendment would have no impact on the ability of the affected SSCs
to either preclude or mitigate an accident. Therefore, the proposed
change does 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.
The proposed amendment would not change the design function or
operation of the SSCs involved and would not impact the way the
plant is operated. As such, the proposed change would not introduce
any new failure mechanisms, malfunctions, or accident initiators not
already considered in the design and licensing bases. Therefore, the
proposed change does not create the possibility of a new or
different kind of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The margin of safety is associated with the confidence in the
ability of the fission product barriers (i.e., fuel cladding,
reactor coolant pressure boundary, and containment structure) to
limit the level of radiation to the public. There are no physical
plant modifications associated with the proposed amendment. The
proposed amendment would not alter the way any SSC functions and
would not alter the way the plant is operated. The proposed
amendment would not introduce any new uncertainties or change any
existing uncertainties associated with any safety limit. The
proposed amendment would have no impact on the structural integrity
of the fuel cladding, reactor coolant pressure boundary, or
containment structure. Based on the above considerations, the NRC
staff concludes that the proposed amendment would not degrade the
confidence in the ability of the fission product barriers to limit
the level of radiation to the public. Therefore, the proposed change
does not involve a significant reduction in a margin of safety.
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: Vincent Zabielski, PSEG Nuclear LLC-N21,
P.O. Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K. Chernoff.
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 System (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr.resource@nrc.gov.
Calvert Cliffs Nuclear Power Plant, Inc., Docket Nos. 50-317 and 50-
318, Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Calvert
County, Maryland
Date of application for amendments: May 21, 2009.
Brief description of amendments: The amendments removed the Table
of Contents from the Technical Specifications and place them under
licensee control.
Date of issuance: September 21, 2009.
Effective date: As of the date of issuance to be implemented within
60 days.
Amendment Nos.: 293 and 269.
Renewed Facility Operating License Nos. DPR-53 and DPR-69:
Amendments revised the License and Technical Specifications.
Date of initial notice in Federal Register: June 30, 2009 (74 FR
31320).
The Commission's related evaluation of these amendments is
contained in a Safety Evaluation dated September 21, 2009.
No significant hazards consideration comments received: No.
Duke Power Company LLC, et al., Docket Nos. 50-413 and 50-414, Catawba
Nuclear Station, Units 1 and 2, York County, South Carolina.
Duke Power Company LLC, Docket Nos. 50-369 and 50-370, McGuire
Nuclear Station, Units 1 and 2, Mecklenburg County, North Carolina.
Duke Power Company LLC, Docket Nos. 50-269, 50-270, and 50-287,
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South
Carolina.
Date of application for amendments: February 27, 2009.
Brief description of amendments: The amendments deleted those
portions of the Technical Specifications (TSs) superseded by the Code
of Federal Regulations, Part 26, Subpart I. The changes are consistent
with Nuclear Regulatory Commission (NRC)-approved Revision 0 to
Technical Specification Task Force (TSTF) Improved Standard Technical
Specification Change Traveler, TSTF-511, ``Eliminate Working Hour
Restrictions from TS 5.2.2 to Support Compliance with 10 CFR Part 26.''
Date of issuance: September 21, 2009.
Effective date: As of the