Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 6408-6412 [2010-2554]

Download as PDF Cprice-sewell on DSK2BSOYB1PROD with NOTICES 6408 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices FOR FURTHER INFORMATION CONTACT: Ms. Kathy Dakon, Aerospace Safety Advisory Panel Executive Director, National Aeronautics and Space Administration, Washington, DC 20546, (202) 358–0732. SUPPLEMENTARY INFORMATION: The Aerospace Safety Advisory Panel will hold its 1st Quarterly Meeting for 2010. This discussion is pursuant to carrying out its statutory duties for which the Panel reviews, identifies, evaluates, and advises on those program activities, systems, procedures, and management activities that can contribute to program risk. Priority is given to those programs that involve the safety of human flight. The agenda will include Marshall Space Flight Center Safety Mission Assurance Overview; NASA Safety and Mission Assurance Technical Excellence; Overview of Marshall Space Flight Center Launch Abort System Responsibilities; and Marshall Space Flight Center Industrial Safety, New Initiatives, Proactive Approaches, Specific Safety Issues, Identified Opportunities, and Near Misses. The meeting will be open to the public up to the seating capacity of the room. Seating will be on a first-come basis. Visitors will be requested to sign a visitor’s register. Photographs will only be permitted during the first 10 minutes of the meeting. During the first 30 minutes of the meeting, members of the public may make a 5-minute verbal presentation to the Panel on the subject of safety in NASA. To do so, please contact Ms. Susan Burch at susan.burch@nasa.gov at least 48 hours in advance. Any member of the public is permitted to file a written statement with the Panel at the time of the meeting. Verbal presentations and written comments should be limited to the subject of safety in NASA. All U.S. citizens desiring to attend the Aerospace Safety Advisory Panel meeting at the Marshall Space Flight Center must provide their full name, company affiliation (if applicable), citizenship, place of birth, and date of birth to the Marshall Space Flight Center Protective Services Office no later than close of business on February 17, 2010. All nonU.S. citizens must submit their name; current address; citizenship; company affiliation (if applicable) to include address, telephone number, and title; place of birth; date of birth; U.S. visa information to include type, number, and expiration date; U.S. Social Security Number (if applicable); Permanent Resident Alien card number and expiration date (if applicable); place and date of entry into the U.S.; and Passport information to include Country of issue, VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 number, and expiration date to the Marshall Space Flight Center Security Office no later than close of business on February 11, 2010. If the above information is not received by the noted dates, attendees should expect a minimum delay of two (2) hours. All visitors to this meeting will be required to process in through the Redstone/ Marshall Space Flight Center Joint Visitor Control Center located on Rideout Road, north of Gate 9, prior to entering Marshall Space Flight Center. Please provide the appropriate data, via fax at (256) 544–2101, noting at the top of the page ‘‘Public Admission to the ASAP Meeting at MSFC.’’ For security questions, please call Becky Hopson at (256) 544–4541. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Dated: February 2, 2010. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2010–2711 Filed 2–8–10; 8:45 am] BILLING CODE 7510–13–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0040] Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations I. Background Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from January 14 to January 27. The last biweekly notice was published on January 26, 2010 (75 FR 4111). PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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. 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 E:\FR\FM\09FEN1.SGM 09FEN1 Cprice-sewell on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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, http://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 requestor/ VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 petitioner 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 requestor/petitioner 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 requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the requestor/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 requestor/ petitioner to relief. A requestor/ petitioner 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 (72 FR 49139, August 28, 2007). The E– PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 6409 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 participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at (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 (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the E– Submittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E–Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E–Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through EIE, users will be required to install a Web browser plugin from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then E:\FR\FM\09FEN1.SGM 09FEN1 Cprice-sewell on DSK2BSOYB1PROD with NOTICES 6410 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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 http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E–Filing system. To be timely, an electronic filing must be submitted to the E–Filing 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 E–Filing system also distributes an email 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 by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at http:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. 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 VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 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. A presiding officer, having granted an exemption request from using E–Filing, may require a participant or party to use E– Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E–Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the 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. Petitions for leave to intervene must be filed no later than 60 days from February 9, 2010. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). 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, http://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff at 1–800–397– 4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Exelon Generation Company, LLC, Docket Nos. 50–237 and 50–249, Dresden Nuclear Power Station, Units 2 and 3, Grundy County, Illinois Docket Nos. 50–254 and 50–265, Quad Cities Nuclear Power Station, Units 1 and 2, Rock Island County, Illinois Date of application for amendment request: November 10, 2009. Description of amendment request: The proposed amendment revises Technical Specification (TS) 3.1.7, ‘‘Standby Liquid Control (SLC) System,’’ to extend the completion time (CT) for Condition B (i.e., ‘‘Two SLC subsystems inoperable’’) from 8 hours to 72 hours. 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 amendment revises Technical Specification (TS) 3.1.7, ‘‘Standby Liquid Control (SLC) System,’’ to extend the completion time (CT) for Condition B (i.e., ‘‘Two SLC subsystems inoperable.’’) from eight hours to 72 hours. The proposed change is based on a riskinformed evaluation performed in accordance with Regulatory Guides (RG) 1.174, ‘‘An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions On Plant-Specific Changes to the Licensing Basis,’’ and RG 1.177, ‘‘An Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical Specifications.’’ The proposed amendment modifies an existing CT for a dual-train SLC system inoperability. The condition evaluated, the action requirements, and the associated CT do not impact any initiating conditions for any accident previously evaluated. The proposed amendment does not increase postulated frequencies or the analyzed consequences of an Anticipated Transient Without Scram (ATWS). Requirements associated with 10 CFR 50.62 will continue to be met. In addition, the proposed amendment does not increase postulated frequencies or the analyzed consequences or a large-break loss-of-coolant accident for which the SLC system is used for pH control. The new action requirement provides appropriate remedial actions to be taken in response to a dual-train SLC system inoperability while minimizing the risk associated with continued operation. 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? E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices Cprice-sewell on DSK2BSOYB1PROD with NOTICES Response: No. The proposed amendment revises TS 3.1.7 to extend the CT for Condition B from eight hours to 72 hours. The proposed amendment does not involve any change to plant equipment or system design functions. This proposed TS amendment does not change the design function of the SLC system and does not affect the system’s ability to perform its design function. The SLC system provides a method to bring the reactor, at any time in a fuel cycle, from full power and minimum control rod inventory to a subcritical condition with the reactor in the most reactive xenon free state without taking credit for control rod movement. Required actions and surveillance requirements are sufficient to ensure that the SLC system functions are maintained. No new accident initiators are introduced by this amendment. Therefore, the proposed amendment 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 proposed amendment revises TS 3.1.7 to extend the CT for Condition B from eight hours to 72 hours. The proposed amendment does not involve any change to plant equipment or system design functions. The margin of safety is established through the design of the plant structures, systems, and components, the parameters within which the plant is operated, and the setpoints for the actuation of equipment relied upon to respond to an event. Safety margins applicable to the SLC system include pump capacity, boron concentration, boron enrichment, and system response timing. The proposed amendment does not modify these safety margins or the setpoints at which SLC is initiated, nor does it affect the system’s ability to perform its design function. In addition, the proposed change complies with the intent of the defense-in-depth philosophy and the principle that sufficient safety margins are maintained, consistent with RG 1.177 requirements (i.e., Section C, ‘‘Regulatory Position,’’ paragraph 2.2, ‘‘Traditional Engineering Considerations’’). 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. Bradley J. Fewell, Associate General Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555. NRC Branch Chief: Stephen J. Campbell. R.E. Ginna Nuclear Power Plant, LLC, Docket No. 50–244, R.E. Ginna Nuclear Power Plant, Wayne County, New York Date of amendment request: November 30, 2009. VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 Description of amendment request: The proposed changes would use the guidance in Nuclear Regulatory Commission (NRC) Regulatory Issue Summary 2003–18 Supplement 2, ‘‘Use of Nuclear Energy Institute (NEI) 99–01, Methodology for Development of Emergency Action Levels,’’ to modify several Ginna Emergency Action Levels based on NEI 99–01. NRC approval, prior to implementation of the proposed change, is being requested pursuant to 10 CFR 50.54(q). Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: Criterion 1: Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. These changes affect the R.E. Ginna Nuclear Power Plant Emergency Plan and do not alter any of the requirements of the Operating License or the Technical Specifications. The proposed changes do not modify any plant equipment and do not impact any failure modes that could lead to an accident. Additionally, the proposed changes have no effect on the consequence of any analyzed accident since the changes do not affect any equipment related to accident mitigation. Based on this discussion, the proposed amendment does not increase the probability or consequences of an accident previously evaluated. Criterion 2: Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. These changes affect the R.E. Ginna Nuclear Power Plant Emergency Plan and do not alter any of the requirements of the Operating License or the Technical Specifications. They do not modify any plant equipment and there is no impact on the capability of the existing equipment to perform their intended functions. No system set points are being modified and no changes are being made to the method in which plant operations are conducted. No new failure modes are introduced by the proposed changes. The proposed amendment does not introduce accident initiator or malfunctions that would cause a new or different kind of accident. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3: Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. These changes affect the R.E. Ginna Nuclear Power Plant Emergency Plan and do not alter any of the requirements of the Operating License or the Technical Specifications. The proposed changes do not affect any of the assumptions used in the PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 6411 accident analysis, nor do they affect any operability requirements for equipment important to plant safety. Therefore, the proposed changes will not result in a significant reduction in the margin of safety as defined in the bases for technical specifications covered in this license amendment request. 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: Carey Fleming, Sr. Counsel—Nuclear Generation, Constellation Group, LLC, 750 East Pratt Street, 17th Floor, Baltimore, MD 21202. NRC Branch Chief: Nancy L. Salgado. 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 E:\FR\FM\09FEN1.SGM 09FEN1 6412 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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, http://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. Cprice-sewell on DSK2BSOYB1PROD with NOTICES Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., Docket No. 50–271, Vermont Yankee Nuclear Power Station, Vernon, Vermont Date of amendment request: September 16, 2009, as supplemented by letter dated November 16, 2009. Description of amendment request: The proposed amendment revised Technical Specification (TS) Section 3.7.D.2 to allow reactor operation to continue, in the event any containment isolation valve becomes inoperable, provided the affected penetration flow path is isolated by the use of at least one closed and de-activated automatic valve, closed manual valve, or blind flange. The corresponding change to TS Section 4.7.D.2 is consistent with NUREG–1433 actions and completion times. Date of Issuance: January 26, 2010. Effective date: As of the date of issuance, and shall be implemented within 60 days. Amendment No.: 242. Facility Operating License No. DPR– 28: Amendment revised the License and Technical Specifications. Date of initial notice in Federal Register: November 3, 2009 (74 FR 56886). The supplement letter dated November 16, 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. The Commission’s related evaluation of this amendment is contained in a Safety Evaluation dated January 26, 2010. No significant hazards consideration comments received: No. Exelon Generation Company, LLC, Docket No. 50–461, Clinton Power Station, Unit No. 1, DeWitt County, Illinois Date of application for amendment: June 26, 2009, as supplemented by VerDate Nov<24>2008 17:35 Feb 08, 2010 Jkt 220001 letters dated November 4, November 17, November 20, December 9, December 14, December 17, December 28, 2009, and January 11, 2010. Brief description of amendment: The amendment modifies CPS License Condition 2.B.(6) and create new License Conditions 1.J, 2.B.(7), and 2.C.(25) as part of a pilot program to irradiate Cobalt (Co)-59 target to produce Co-60. In addition to the proposed license condition changes, the amendment would modify Technical Specification 4.2.1, ‘‘Fuel Assemblies,’’ to describe the Isotope Test Assemblies being used. Date of issuance: January 15, 2010. Effective date: As of the date of issuance and shall be implemented within 30 days. Amendment No.: 190. Facility Operating License No. NPF– 62: The amendment revised the Technical Specifications and License. Date of initial notice in Federal Register: December 14, 2009 (74 FR 66159–66163). The November 20, December 9, December 14, December 17, December 28, 2009, and January 11, 2010 supplements, contained clarifying information and did not change the NRC staff’s initial proposed finding of no significant hazards consideration. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated January 15, 2010. No significant hazards consideration comments Nine Mile Point Nuclear Station, LLC, Docket No. 50–220, Nine Mile Point Nuclear Station, Unit No. 1 (NMP 1), Oswego County, New York Date of application for amendment: March 3, 2009, as supplemented on December 17, 2009. Brief description of amendments: The amendment modifies Technical Specification (TS) Section 3.2.1, ‘‘Reactor Vessel Heatup and Cooldown Rates,’’ and Section 3.2.2, ‘‘Minimum Reactor Vessel Temperature for Pressurization,’’ by replacing the existing reactor vessel heatup and cooldown rate limits and the pressure and temperature limit curves with references to the Pressure and Temperature Limits Report (PTLR). In addition, the amendment adds a new definition for PTLR to TS Section 1.0, ‘‘Definitions,’’ and a new section addressing administrative requirements for the PTLR to TS Section 6.0, ‘‘Administrative Controls.’’ Date of issuance: January 21, 2010. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Effective date: As of the date of issuance to be implemented within 30 days of the date of issuance. Amendment No.: 204. Renewed Facility Operating License No. DPR–063: The amendment revises the License and TSs. Date of initial notice in Federal Register: May 19, 2009 (74 FR 23447). The supplemental letter dated December 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 Nuclear Regulatory Commission staff’s initial proposed no significant hazards consideration determination. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated January 21, 2010. 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: October 20, 2009. Brief description of amendment: The amendment deletes paragraph d of Technical Specification (TS) 5.2.2, ‘‘Unit Staff,’’ to eliminate working-hour restrictions in the TS, as similar requirements are sufficiently imposed by Title 10 of the Code of Federal Regulations Part 26, Subpart I. Date of issuance: January 20, 2010. Effective date: As of the date of issuance and shall be implemented within 30 days. Amendment No.: 83. Facility Operating License No. NPF– 90: Amendment revised the License and TSs. Date of initial notice in Federal Register: November 17, 2009 (74 FR 59264). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated January 20, 2010. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 29th day of January 2010. For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–2554 Filed 2–8–10; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\09FEN1.SGM 09FEN1

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[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6408-6412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2554]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0040]


Biweekly Notice; Applications and Amendments to Facility 
Operating Licenses Involving No Significant Hazards Considerations

I. Background

    Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC) is publishing this regular biweekly notice. The Act 
requires the Commission publish notice of any amendments issued, or 
proposed to be issued and grants the Commission the authority to issue 
and make immediately effective any amendment to an operating license 
upon a determination by the Commission that such amendment involves no 
significant hazards consideration, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.
    This biweekly notice includes all notices of amendments issued, or 
proposed to be issued from January 14 to January 27. The last biweekly 
notice was published on January 26, 2010 (75 FR 4111).

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

[[Page 6409]]

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, http://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 requestor/petitioner 
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 
requestor/petitioner 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 requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/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 requestor/petitioner to relief. A requestor/
petitioner 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 (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 participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at (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 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then

[[Page 6410]]

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 http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the documents are submitted through the NRC's E-
Filing system. To be timely, an electronic filing must be submitted to 
the E-Filing 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 E-Filing 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 by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    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. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the 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.
    Petitions for leave to intervene must be filed no later than 60 
days from February 9, 2010. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    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, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.

Exelon Generation Company, LLC, Docket Nos. 50-237 and 50-249, Dresden 
Nuclear Power Station, Units 2 and 3, Grundy County, Illinois

Docket Nos. 50-254 and 50-265, Quad Cities Nuclear Power Station, Units 
1 and 2, Rock Island County, Illinois
    Date of application for amendment request: November 10, 2009.
    Description of amendment request: The proposed amendment revises 
Technical Specification (TS) 3.1.7, ``Standby Liquid Control (SLC) 
System,'' to extend the completion time (CT) for Condition B (i.e., 
``Two SLC subsystems inoperable'') from 8 hours to 72 hours.
    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 amendment revises Technical Specification (TS) 
3.1.7, ``Standby Liquid Control (SLC) System,'' to extend the 
completion time (CT) for Condition B (i.e., ``Two SLC subsystems 
inoperable.'') from eight hours to 72 hours.
    The proposed change is based on a risk-informed evaluation 
performed in accordance with Regulatory Guides (RG) 1.174, ``An 
Approach for Using Probabilistic Risk Assessment in Risk-Informed 
Decisions On Plant-Specific Changes to the Licensing Basis,'' and RG 
1.177, ``An Approach for Plant-Specific, Risk-Informed Decision-
making: Technical Specifications.''
    The proposed amendment modifies an existing CT for a dual-train 
SLC system inoperability. The condition evaluated, the action 
requirements, and the associated CT do not impact any initiating 
conditions for any accident previously evaluated.
    The proposed amendment does not increase postulated frequencies 
or the analyzed consequences of an Anticipated Transient Without 
Scram (ATWS). Requirements associated with 10 CFR 50.62 will 
continue to be met. In addition, the proposed amendment does not 
increase postulated frequencies or the analyzed consequences or a 
large-break loss-of-coolant accident for which the SLC system is 
used for pH control. The new action requirement provides appropriate 
remedial actions to be taken in response to a dual-train SLC system 
inoperability while minimizing the risk associated with continued 
operation. 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?

[[Page 6411]]

    Response: No.
    The proposed amendment revises TS 3.1.7 to extend the CT for 
Condition B from eight hours to 72 hours. The proposed amendment 
does not involve any change to plant equipment or system design 
functions. This proposed TS amendment does not change the design 
function of the SLC system and does not affect the system's ability 
to perform its design function. The SLC system provides a method to 
bring the reactor, at any time in a fuel cycle, from full power and 
minimum control rod inventory to a subcritical condition with the 
reactor in the most reactive xenon free state without taking credit 
for control rod movement. Required actions and surveillance 
requirements are sufficient to ensure that the SLC system functions 
are maintained. No new accident initiators are introduced by this 
amendment. Therefore, the proposed amendment 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 proposed amendment revises TS 3.1.7 to extend the CT for 
Condition B from eight hours to 72 hours. The proposed amendment 
does not involve any change to plant equipment or system design 
functions. The margin of safety is established through the design of 
the plant structures, systems, and components, the parameters within 
which the plant is operated, and the setpoints for the actuation of 
equipment relied upon to respond to an event.
    Safety margins applicable to the SLC system include pump 
capacity, boron concentration, boron enrichment, and system response 
timing. The proposed amendment does not modify these safety margins 
or the setpoints at which SLC is initiated, nor does it affect the 
system's ability to perform its design function. In addition, the 
proposed change complies with the intent of the defense-in-depth 
philosophy and the principle that sufficient safety margins are 
maintained, consistent with RG 1.177 requirements (i.e., Section C, 
``Regulatory Position,'' paragraph 2.2, ``Traditional Engineering 
Considerations'').

    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. Bradley J. Fewell, Associate General 
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    NRC Branch Chief: Stephen J. Campbell.

R.E. Ginna Nuclear Power Plant, LLC, Docket No. 50-244, R.E. Ginna 
Nuclear Power Plant, Wayne County, New York

    Date of amendment request: November 30, 2009.
    Description of amendment request: The proposed changes would use 
the guidance in Nuclear Regulatory Commission (NRC) Regulatory Issue 
Summary 2003-18 Supplement 2, ``Use of Nuclear Energy Institute (NEI) 
99-01, Methodology for Development of Emergency Action Levels,'' to 
modify several Ginna Emergency Action Levels based on NEI 99-01. NRC 
approval, prior to implementation of the proposed change, is being 
requested pursuant to 10 CFR 50.54(q).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    Criterion 1: Does the proposed amendment involve a significant 
increase in the probability or consequences of an accident 
previously evaluated?
    Response: No.
    These changes affect the R.E. Ginna Nuclear Power Plant 
Emergency Plan and do not alter any of the requirements of the 
Operating License or the Technical Specifications. The proposed 
changes do not modify any plant equipment and do not impact any 
failure modes that could lead to an accident. Additionally, the 
proposed changes have no effect on the consequence of any analyzed 
accident since the changes do not affect any equipment related to 
accident mitigation. Based on this discussion, the proposed 
amendment does not increase the probability or consequences of an 
accident previously evaluated.
    Criterion 2: Does the proposed amendment create the possibility 
of a new or different kind of accident from any accident previously 
evaluated?
    Response: No.
    These changes affect the R.E. Ginna Nuclear Power Plant 
Emergency Plan and do not alter any of the requirements of the 
Operating License or the Technical Specifications. They do not 
modify any plant equipment and there is no impact on the capability 
of the existing equipment to perform their intended functions. No 
system set points are being modified and no changes are being made 
to the method in which plant operations are conducted. No new 
failure modes are introduced by the proposed changes. The proposed 
amendment does not introduce accident initiator or malfunctions that 
would cause a new or different kind of accident. Therefore, the 
proposed amendment does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    Criterion 3: Does the proposed amendment involve a significant 
reduction in a margin of safety?
    Response: No.
    These changes affect the R.E. Ginna Nuclear Power Plant 
Emergency Plan and do not alter any of the requirements of the 
Operating License or the Technical Specifications. The proposed 
changes do not affect any of the assumptions used in the accident 
analysis, nor do they affect any operability requirements for 
equipment important to plant safety. Therefore, the proposed changes 
will not result in a significant reduction in the margin of safety 
as defined in the bases for technical specifications covered in this 
license amendment request.

    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: Carey Fleming, Sr. Counsel--Nuclear 
Generation, Constellation Group, LLC, 750 East Pratt Street, 17th 
Floor, Baltimore, MD 21202.
    NRC Branch Chief: Nancy L. Salgado.

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

[[Page 6412]]

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, http://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.

Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, 
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, 
Vermont

    Date of amendment request: September 16, 2009, as supplemented by 
letter dated November 16, 2009.
    Description of amendment request: The proposed amendment revised 
Technical Specification (TS) Section 3.7.D.2 to allow reactor operation 
to continue, in the event any containment isolation valve becomes 
inoperable, provided the affected penetration flow path is isolated by 
the use of at least one closed and de-activated automatic valve, closed 
manual valve, or blind flange. The corresponding change to TS Section 
4.7.D.2 is consistent with NUREG-1433 actions and completion times.
    Date of Issuance: January 26, 2010.
    Effective date: As of the date of issuance, and shall be 
implemented within 60 days.
    Amendment No.: 242.
    Facility Operating License No. DPR-28: Amendment revised the 
License and Technical Specifications.
    Date of initial notice in Federal Register: November 3, 2009 (74 FR 
56886). The supplement letter dated November 16, 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. The Commission's related evaluation of this amendment is 
contained in a Safety Evaluation dated January 26, 2010.
    No significant hazards consideration comments received: No.

Exelon Generation Company, LLC, Docket No. 50-461, Clinton Power 
Station, Unit No. 1, DeWitt County, Illinois

    Date of application for amendment: June 26, 2009, as supplemented 
by letters dated November 4, November 17, November 20, December 9, 
December 14, December 17, December 28, 2009, and January 11, 2010.
    Brief description of amendment: The amendment modifies CPS License 
Condition 2.B.(6) and create new License Conditions 1.J, 2.B.(7), and 
2.C.(25) as part of a pilot program to irradiate Cobalt (Co)-59 target 
to produce Co-60. In addition to the proposed license condition 
changes, the amendment would modify Technical Specification 4.2.1, 
``Fuel Assemblies,'' to describe the Isotope Test Assemblies being 
used.
    Date of issuance: January 15, 2010.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days.
    Amendment No.: 190.
    Facility Operating License No. NPF-62: The amendment revised the 
Technical Specifications and License.
    Date of initial notice in Federal Register: December 14, 2009 (74 
FR 66159-66163).
    The November 20, December 9, December 14, December 17, December 28, 
2009, and January 11, 2010 supplements, contained clarifying 
information and did not change the NRC staff's initial proposed finding 
of no significant hazards consideration.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated January 15, 2010.
    No significant hazards consideration comments

Nine Mile Point Nuclear Station, LLC, Docket No. 50-220, Nine Mile 
Point Nuclear Station, Unit No. 1 (NMP 1), Oswego County, New York

    Date of application for amendment: March 3, 2009, as supplemented 
on December 17, 2009.
    Brief description of amendments: The amendment modifies Technical 
Specification (TS) Section 3.2.1, ``Reactor Vessel Heatup and Cooldown 
Rates,'' and Section 3.2.2, ``Minimum Reactor Vessel Temperature for 
Pressurization,'' by replacing the existing reactor vessel heatup and 
cooldown rate limits and the pressure and temperature limit curves with 
references to the Pressure and Temperature Limits Report (PTLR). In 
addition, the amendment adds a new definition for PTLR to TS Section 
1.0, ``Definitions,'' and a new section addressing administrative 
requirements for the PTLR to TS Section 6.0, ``Administrative 
Controls.''
    Date of issuance: January 21, 2010.
    Effective date: As of the date of issuance to be implemented within 
30 days of the date of issuance.
    Amendment No.: 204.
    Renewed Facility Operating License No. DPR-063: The amendment 
revises the License and TSs.
    Date of initial notice in Federal Register: May 19, 2009 (74 FR 
23447). The supplemental letter dated December 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 Nuclear Regulatory Commission staff's initial proposed no 
significant hazards consideration determination.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated January 21, 2010.
    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: October 20, 2009.
    Brief description of amendment: The amendment deletes paragraph d 
of Technical Specification (TS) 5.2.2, ``Unit Staff,'' to eliminate 
working-hour restrictions in the TS, as similar requirements are 
sufficiently imposed by Title 10 of the Code of Federal Regulations 
Part 26, Subpart I.
    Date of issuance: January 20, 2010.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days.
    Amendment No.: 83.
    Facility Operating License No. NPF-90: Amendment revised the 
License and TSs.
    Date of initial notice in Federal Register: November 17, 2009 (74 
FR 59264).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated January 20, 2010.
    No significant hazards consideration comments received: No.

    Dated at Rockville, Maryland, this 29th day of January 2010.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-2554 Filed 2-8-10; 8:45 am]
BILLING CODE 7590-01-P