Nine Mile Point Nuclear Station, Unit No. 1 Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 52826-52829 [E9-24723]
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Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically 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,
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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 dated
September 18, 2009 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML092640681), which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
File Public Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the ADAMS Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
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at 1–800–397–4209, 301–415–4737, or
by e-mail to pdr.resource@nrc.gov.
Attorney for licensee: Mark J.
Wetterhahn, Esquire, Winston & Strawn,
1700 K Street, NW., Washington, DC
20006.
Dated at Rockville, Maryland, this 6th day
of October 2009.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch 1–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–24721 Filed 10–13–09; 8:45 am]
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[Docket No. 50–220; NRC–2009–0450]
Nine Mile Point Nuclear Station, Unit
No. 1 Notice of Consideration of
Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
63 issued to Nine Mile Point Nuclear
Station, LLC (the licensee) for operation
of Nine Mile Point, Unit No. 1 (NMP1)
located in Oswego, NY.
The proposed amendment would
remove position indication for the relief
valves and safety relief valves from
NMP1 Technical Specifications (TSs)
3.6.11, ‘‘Accident Monitoring
Instrumentation.’’ The licensee’s
justification for the proposed
amendment is that position indication
for the relief valves and safety relief
valves do not meet any of the criteria for
inclusion in the TSs provided in the
NRC ‘‘Final Policy Statement on
Technical Specifications Improvements
for Nuclear Power Reactors,’’ 58 FR
39132, dated July 22, 1993. The
proposed amendment would also
correct an editorial error in the title of
Table 4.6.11.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
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CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Reponse: No. The failure of the safety/relief
valve (SRV) position instrumentation is not
assumed to be an initiator or any analyzed
event in the Updated Final Safety Analysis
Report (UFSAR). The proposed changes do
not alter the physical design of the SRVs or
any other plant structure, system, or
component. The changes would remove the
SRV position indicator and surveillance
requirements from the NMP1 TS, but would
not involve any physical changes to the
instrumentation.
The proposed change of the word
‘‘Requirement’’ to ‘‘Requirements’’ in the title
of Table 4.6.11 is editorial and therefore has
no impact on accident probability or
consequence.
Therefore, the proposed amendment 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
accident for any accident previously
evaluated?
Reponse: No. The proposed changes do not
alter the physical design, safety limits, or
safety analysis assumptions, associated with
the operations of the plant. Accordingly, the
proposed changes do not introduce any new
accident initiators, nor do they reduce or
adversely affect the capabilities of any plant
structure or system in the performance of
their safety function.
The proposed change of the word
‘‘Requirement’’ to ‘‘Requirements’’ in the title
of Table 4.6.11 is editorial and therefore does
not create the possibility of a new or different
kind accident.
Therefore, the proposed amendment does
not create the possibility of a new or different
kind accident for any accident previously
evaluated
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Reponse: No. This instrumentation is not
needed for manual operator actions necessary
for safety systems to accomplish their safety
function for the design basis accident events.
The instrumentation provides only alarm and
SRV position indication, and does not
provide an input to any automatic trip
function. Several diverse means are available
to monitor SRV position.
The proposed change of the word
‘‘Requirement’’ to ‘‘Requirements’’ in the title
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of Table 4.6.11 is editorial and therefore has
no impact margin of safety.
Therefore, the proposed amendment 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.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking and
Directives Branch (RDB), TWB–05–
B01M, Division of Administrative
Services, Office of Administration, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, and
should cite the publication date and
page number of this Federal Register
notice. Written comments may also be
faxed to the RDB at 301–492–3446.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
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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 intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
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also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49139, August 28, 2007).
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 must contact the
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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/site-help/esubmittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically 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-
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help/e-submittals.html or by calling the
NRC electronic filing Help Desk, which
is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
toll-free help line number is 1–866–
672–7640. A person filing electronically
may also seek assistance by sending an
e-mail to the NRC electronic filing Help
Desk 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
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copyrighted materials in their
submissions.
For further details with respect to this
license amendment application, see the
application for amendment dated July 2,
2009 (Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML091950415), which is
available for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov.
Attorney for licensee: Mark J.
Wetterhahn, Esquire, Winston & Strawn,
1700 K Street, NW., Washington, DC
20006.
Dated at Rockville, Maryland, this 2nd day
of October 2009.
For The Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager. Plant Licensing
Branch 1–1. Division of Operating Reactor
Licensing. Office of Nuclear Reactor
Regulation.
[FR Doc. E9–24723 Filed 10–13–09; 8:45 am]
BILLING CODE 7590–01–P
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Advisory Committee on Reactor
Safeguards; Procedures for Meetings
Background
This notice describes procedures to be
followed with respect to meetings
conducted by the U.S. Nuclear
Regulatory Commission’s (NRC’s)
Advisory Committee on Reactor
Safeguards (ACRS) pursuant to the
Federal Advisory Committee Act
(FACA). These procedures are set forth
so that they may be incorporated by
reference in future notices for
individual meetings.
The ACRS is a statutory group
established by Congress to review and
report on nuclear safety matters and
applications for the licensing of nuclear
facilities. The Committee’s reports
become a part of the public record.
The ACRS meetings are conducted in
accordance with FACA; they are
normally open to the public and provide
opportunities for oral or written
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statements from members of the public
to be considered as part of the
Committee’s information gathering
process. ACRS reviews do not normally
encompass matters pertaining to
environmental impacts other than those
related to radiological safety.
The ACRS meetings are not
adjudicatory hearings such as those
conducted by the NRC’s Atomic Safety
and Licensing Board Panel as part of the
Commission’s licensing process.
General Rules Regarding ACRS Full
Committee Meetings
An agenda will be published in the
Federal Register for each full
Committee meeting. There may be a
need to make changes to the agenda to
facilitate the conduct of the meeting.
The Chairman of the Committee is
empowered to conduct the meeting in a
manner that, in his/her judgment, will
facilitate the orderly conduct of
business, including making provisions
to continue the discussion of matters
not completed on the scheduled day on
another day of the same meeting.
Persons planning to attend the meeting
may contact the Designated Federal
Officer (DFO) specified in the Federal
Register Notice prior to the meeting to
be advised of any changes to the agenda
that may have occurred.
The following requirements shall
apply to public participation in ACRS
full Committee meetings:
(a) Persons who plan to submit
written comments at the meeting should
provide 35 copies to the DFO at the
beginning of the meeting. Persons who
cannot attend the meeting, but wish to
submit written comments regarding the
agenda items may do so by sending a
readily reproducible copy addressed to
the DFO specified in the Federal
Register Notice, care of the Advisory
Committee on Reactor Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Comments should be limited to items
being considered by the Committee.
Comments should be in the possession
of the DFO 5 days prior to the meeting
to allow time for reproduction and
distribution.
(b) Persons desiring to make oral
statements at the meeting should make
a request to do so to the DFO; if
possible, the request should be made 5
days before the meeting, identifying the
topic(s) on which oral statements will
be made and the amount of time needed
for presentation so that orderly
arrangements can be made. The
Committee will hear oral statements on
topics being reviewed at an appropriate
time during the meeting as scheduled by
the Chairman.
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(c) Information regarding topics to be
discussed, changes to the agenda,
whether the meeting has been canceled
or rescheduled, and the time allotted to
present oral statements can be obtained
by contacting the DFO.
(d) The use of still, motion picture,
and television cameras will be
permitted at the discretion of the
Chairman and subject to the condition
that the use of such equipment will not
interfere with the conduct of the
meeting. The DFO will have to be
notified prior to the meeting and will
authorize the use of such equipment
after consultation with the Chairman.
The use of such equipment will be
restricted as is necessary to protect
proprietary or privileged information
that may be in documents, folders, etc.,
in the meeting room. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public.
(e) A transcript will be kept for certain
open portions of the meeting and will be
available in the NRC Public Document
Room (PDR), One White Flint North,
Room O–1F21, 11555 Rockville Pike,
Rockville, MD 20852–2738. A copy of
the certified minutes of the meeting will
be available at the same location 3
months following the meeting. Copies
may be obtained upon payment of
appropriate reproduction charges. ACRS
meeting agenda, transcripts, and letter
reports are available through the PDR at
PDR.Resource@nrc.gov, by calling the
PDR at 1–800–397–4209, or from the
Publicly Available Records System
(PARS) component of NRC’s document
system (ADAMS) which is accessible
from the NRC Web site at https://
www.nrc.gov/reading-rm/doccollections/acrs/.
(f) Video teleconferencing service is
available for observing open sessions of
ACRS meetings. Those wishing to use
this service for observing ACRS
meetings should contact Mr. Theron
Brown, ACRS Audio Visual Specialist,
(301–415–8066) between 7:30 a.m. and
3:45 p.m. Eastern Time at least 10 days
before the meeting to ensure the
availability of this service. Individuals
or organizations requesting this service
will be responsible for telephone line
charges and for providing the
equipment and facilities that they use to
establish the video teleconferencing
link. The availability of video
teleconferencing services is not
guaranteed.
ACRS Subcommittee Meetings
In accordance with the revised FACA,
the agency is no longer required to
apply the FACA requirements to
meetings conducted by the
E:\FR\FM\14OCN1.SGM
14OCN1
]]>Agencies
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Pages 52826-52829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24723]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-220; NRC-2009-0450]
Nine Mile Point Nuclear Station, Unit No. 1 Notice of
Consideration of Issuance of Amendment to Facility Operating License,
Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-63 issued to Nine Mile Point Nuclear Station, LLC (the licensee)
for operation of Nine Mile Point, Unit No. 1 (NMP1) located in Oswego,
NY.
The proposed amendment would remove position indication for the
relief valves and safety relief valves from NMP1 Technical
Specifications (TSs) 3.6.11, ``Accident Monitoring Instrumentation.''
The licensee's justification for the proposed amendment is that
position indication for the relief valves and safety relief valves do
not meet any of the criteria for inclusion in the TSs provided in the
NRC ``Final Policy Statement on Technical Specifications Improvements
for Nuclear Power Reactors,'' 58 FR 39132, dated July 22, 1993. The
proposed amendment would also correct an editorial error in the title
of Table 4.6.11.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10
[[Page 52827]]
CFR), Section 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Reponse: No. The failure of the safety/relief valve (SRV)
position instrumentation is not assumed to be an initiator or any
analyzed event in the Updated Final Safety Analysis Report (UFSAR).
The proposed changes do not alter the physical design of the SRVs or
any other plant structure, system, or component. The changes would
remove the SRV position indicator and surveillance requirements from
the NMP1 TS, but would not involve any physical changes to the
instrumentation.
The proposed change of the word ``Requirement'' to
``Requirements'' in the title of Table 4.6.11 is editorial and
therefore has no impact on accident probability or consequence.
Therefore, the proposed amendment 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 accident for any accident previously evaluated?
Reponse: No. The proposed changes do not alter the physical
design, safety limits, or safety analysis assumptions, associated
with the operations of the plant. Accordingly, the proposed changes
do not introduce any new accident initiators, nor do they reduce or
adversely affect the capabilities of any plant structure or system
in the performance of their safety function.
The proposed change of the word ``Requirement'' to
``Requirements'' in the title of Table 4.6.11 is editorial and
therefore does not create the possibility of a new or different kind
accident.
Therefore, the proposed amendment does not create the
possibility of a new or different kind accident for any accident
previously evaluated
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Reponse: No. This instrumentation is not needed for manual
operator actions necessary for safety systems to accomplish their
safety function for the design basis accident events. The
instrumentation provides only alarm and SRV position indication, and
does not provide an input to any automatic trip function. Several
diverse means are available to monitor SRV position.
The proposed change of the word ``Requirement'' to
``Requirements'' in the title of Table 4.6.11 is editorial and
therefore has no impact margin of safety.
Therefore, the proposed amendment 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.
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 O1 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the Commission's PDR, located at One White Flint North, Public File
Area 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
intends to rely in proving the contention at the hearing. The
petitioner/requestor must
[[Page 52828]]
also provide references to those specific sources and documents of
which the petitioner is aware and on which the petitioner intends to
rely to establish those facts or expert opinion. The petition must
include sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact. Contentions
shall be limited to matters within the scope of the amendment under
consideration. The contention must be one which, if proven, would
entitle the petitioner to relief. A petitioner/requestor who fails to
satisfy these requirements with respect to at least one contention will
not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007 (72 FR 49139, August 28, 2007). 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
must contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail 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 electronic filing Help Desk,
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday
through Friday, excluding government holidays. The toll-free help line
number is 1-866-672-7640. A person filing electronically may also seek
assistance by sending an e-mail to the NRC electronic filing Help Desk
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
[[Page 52829]]
copyrighted materials in their submissions.
For further details with respect to this license amendment
application, see the application for amendment dated July 2, 2009
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML091950415), which is available for public inspection at the
Commission's PDR, located at One White Flint North, File Public Area O1
F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available records will be accessible electronically from the ADAMS
Public Electronic Reading Room on the Internet at the NRC Web site,
https://www.nrc.gov/reading-rm/adams.html. Persons who do not have
access to ADAMS or who encounter problems in accessing the documents
located in ADAMS, should contact the NRC PDR Reference staff by
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Attorney for licensee: Mark J. Wetterhahn, Esquire, Winston &
Strawn, 1700 K Street, NW., Washington, DC 20006.
Dated at Rockville, Maryland, this 2nd day of October 2009.
For The Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager. Plant Licensing Branch 1-1. Division of
Operating Reactor Licensing. Office of Nuclear Reactor Regulation.
[FR Doc. E9-24723 Filed 10-13-09; 8:45 am]
BILLING CODE 7590-01-P
