Davis-Besse Nuclear Power Station; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 7628-7631 [2010-3370]
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood
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please enclose a check in the amount of
$5.00 (25 cents per page reproduction
cost) payable to the U.S. Treasury.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010–3299 Filed 2–19–10; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Antitrust Division
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Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Joint Venture Under TIP
Award Number: 70NANB10H012
Notice is hereby given that, on
January 14, 2010, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 5 4301 et seq. (‘‘the Act’’), the
Joint Venture under TIP Award Number:
70NANB10H012
(‘‘JVTIP70NANB10H012’’) has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
(1) the identities of the parties to the
venture and (2) the nature and
objectives of the venture. The
notifications were filed for the purpose
of invoking the Act’s provisions limiting
the recovery of antitrust plaintiffs to
actual damages under specified
circumstances.
Pursuant to Section 6(b) of the Act,
the identities of the parties to the
venture are: Pixelligent Technologies,
LLC, College Park, MD; and Brewer
Science, Inc., Rolla, MO. The general
area of JVTIP70NANE10H012’s planned
activity is to develop new processes and
technologies to scale up the production
of high-quality nanocomposites,
nanocrystals dispersed in polymers, to
create materials with enhanced
performance and new functionality that
cannot be provided by polymers or
traditional composites.
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 2010–3093 Filed 2–19–10; 8:45 am]
BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Joint Venture Under Tip
Award No. 70NANB10H018
Notice is hereby given that, on
January 11, 2010, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), the
Joint Venture under TIP Award No.
70NANB10H018 (‘‘JV TIP H018’’) has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing (1) the identities
of the parties to the venture and (2) the
nature and objectives of the venture.
The notifications were filed for the
purpose of invoking the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Pursuant to Section 6(b) of the Act,
the identities of the parties to the
venture are: Rensselaer Polytechnic
Institute, Troy, NY and Geocomp
Corporation, Boxborough, MA. The
general area of JV TIP H018’s planned
activity is the development of a new
health assessment framework, ranging
from a satellite-based radar system to
local sensor arrays to monitor and
ensure the safety of levees and other
distributed systems of a flood-control
infrastructure.
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 2010–3089 Filed 2–19–10; 8:45 am]
BILLING CODE 4410–11–M
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Founding Fathers Advisory Committee
AGENCY: National Archives and Records
Administration.
ACTION: Notice of Establishment of a
NARA Advisory Committee, Pursuant to
the Federal Advisory Committee Act, 5
U.S.C. Appendix 2.
SUMMARY: The Archivist of the United
States has determined that the
establishment of the Founding Fathers
Advisory Committee is necessary and is
in the public interest in connection with
the Presidential Historical Records
Preservation Act of 2008. This
committee will comply with the
provisions of the Federal Advisory
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Committee Act, as amended (5 U.S.C.
Appendix 2.)
FOR FURTHER INFORMATION CONTACT:
Mary Ann Hadyka, 301–837–1782.
SUPPLEMENTARY INFORMATION: This
Committee shall advise the Archivist of
the United States on the progress of the
Founding Fathers editorial projects
funded by the National Historical
Publications and Records Commission,
a part of the National Archives. Its
purview includes, but is not limited to,
advising and making recommendations
to the Archivist on issues related to the
goals and completion of the projects,
their funding sources, and their
performance and productivity.
Dated: February 17, 2010.
Mary Ann Hadyka,
Committee Management Officer.
[FR Doc. 2010–3488 Filed 2–19–10; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–341; NRC–2010–0051]
Davis-Besse Nuclear Power Station;
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. NPF–
3 issued to FirstEnergy Nuclear
Operating Company (the licensee) for
operation of the Davis-Besse Nuclear
Power Station, Unit No. 1 (DBNPS)
located in Oak Harbor, Ohio.
The proposed amendment would
support application of optimized weld
overlays or full structural weld overlays.
Applying these weld overlays on the
reactor coolant pump suction and
discharge nozzle dissimilar metal welds
requires an update to the DBNPS leakbefore-break (LBB) evaluation.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR), § 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
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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?
Response: No.
The applicable accident is a Large Break
Loss of Coolant Accident (LBLOCA). Since
the application of [optimized weld overlays]
OWOLs or [full structural weld overlays]
FSWOLs will enhance the integrity of welds
and the reactor coolant system, the
probability of a previously evaluated
accident is not increased. The consequences
of a LBLOCA have been previously evaluated
and found to be acceptable. Application of
OWOLs or FSWOLs to the existing welds
will cause no change to the dose analysis
associated with a LBLOCA.
Therefore, the leak-before-break (LBB)
evaluation update does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The LBB evaluation update will allow
application of OWOLs or FSWOLs to mitigate
potential primary water stress corrosion
cracking (PWSCC) of the existing welds.
These welds provide a primary pressure
boundary function. This request does not
change the function of the welds, or the way
the plant is operated; it supports the
application of OWOLs or FSWOLs that will
enhance the ability of the welds to perform
the pressure boundary function.
Therefore, the proposed LBB update does
not create the possibility of a new or different
kind of accident from any-accident
previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
Margin of safety is related to the ability of
the fission product barriers to perform their
design functions during and following
accident conditions. These barriers include
the fuel cladding, the reactor coolant system,
and the containment. This request does not
involve a change to the fuel cladding or the
containment. This amendment request
updates the LBB evaluation to account for the
application of OWOLs or FSWOLs to the
existing reactor coolant pump suction and
discharge nozzle dissimilar metal welds for
the Davis-Besse Nuclear Power Station. The
effect of applying a weld overlay repair has
been evaluated with respect to the LBB
evaluation at these locations. This evaluation
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addresses mitigation of PWSCC in these
welds and allows the application of a PWSCC
resistant weld overlay that has the added
benefit of producing compressive stresses on
the inner portion of the existing welds.
Acceptable residual stresses for purposes of
satisfying this requirement are those which,
following the application of OWOLs or
FSWOLs with Alloy 52/52M weld metal,
provide a PWSCC resistant barrier and also
result in reduced stresses on the inner
portion of the welds. Acceptable residual
stresses are those which, after application of
the weld overlay, are substantially reduced
on the inner portion of the nozzle susceptible
material at operating temperatures, pressures,
and loads. In addition, the compressive
stresses which exist in the interior of the
dissimilar metal weld are increased to the
point where the PWSCC of an existing flaw
may be arrested. The crack growth analyses
resulting from these through-thickness
residual stresses ensure that any PWSCC
flaws would be acceptable within the
inspection interval of the dissimilar metal
weld. The effect of the adverse morphology
on leakage due to PWSCC cracking was also
evaluated. The effect of the application of the
weld overlay is to increase the critical flaw
size, resulting in additional margin between
the critical flawsize and the leakage flaw size.
Although the longer flow path and
considerations of crack morphology for the
Alloy 82/182 weld location reduces leakage
somewhat for a given through-wall flaw, the
larger critical flaw size following application
of the weld overlay allows for increased
leakage margin. The evaluation described
above demonstrates that these welds will
perform as originally intended and that the
adverse effects of PWSCC will be mitigated.
Therefore, the proposed LBB update does
not involve a significant reduction in a
margin of safety. Based on the above, FENOC
concludes that the proposed amendment
does not involve a significant hazards
consideration under the standards set forth in
10 CFR 50.92(c), and, accordingly, a finding
of ‘‘no significant hazards consideration’’ is
justified.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
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
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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
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
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 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
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
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
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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 EFiling 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 https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
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public Web site at https://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 https://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
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 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 https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
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 https://
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 the
date of publication of this notice. Nontimely 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
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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 dated [date],
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 Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. 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: David W.
Jenkins, Attorney, FirstEnergy
Corporation, Mail Stop A–GO–15, 76
South Main Street, Akron, OH 44308.
Dated at Rockville, Maryland, this 16th day
of February 2010.
For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch III–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2010–3370 Filed 2–19–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–36492; NRC–2010–0057]
Notice of Environmental Assessment
Related to the Issuance of a License
Amendment to Byproduct Material
License No. 12–32489–01, for the
Unrestricted Release of a Former
Facility for Department of the Army,
Great Lakes, IL
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for license
amendment.
FOR FURTHER INFORMATION CONTACT:
Katie Streit, Health Physicist, Materials
Control, ISFSI, and Decommissioning
Branch, Division of Nuclear Materials
Safety, Region III, U.S. Nuclear
Regulatory Commission, 2443
Warrenville Road, Lisle, Illinois 60532;
Telephone: (630) 829–9621; fax number:
(630) 515–1259; or by e-mail at
Katherine.Streit@nrc.gov.
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7631
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of an amendment to terminate
NRC Byproduct Materials License No.
12–32489–01, which is held by
Department of the Army, (the licensee)
U.S. Army Dental Research Detachment.
The issuance of the amendment would
approve the licensee’s September 29,
2009, request (ML092730395) to release
for unrestricted use its building located
at 310B, B Street, Building 1–H, Great
Lakes, Illinois (the Facility).
The NRC has prepared an
Environmental Assessment (EA) in
support of this proposed action in
accordance with the requirements of
Title 10, Code of Federal Regulations
(CFR), Part 51 (10 CFR 51). Based on the
EA, the NRC has concluded that a
Finding of No Significant Impact
(FONSI) is appropriate with respect to
the proposed action. The amendment
will be issued to the licensee following
the publication of this FONSI and EA in
the Federal Register.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the licensee’s September 29, 2009,
license amendment request, resulting in
the release of the Facility for
unrestricted use consistent with the
provisions of 10 CFR Part 20, Subpart E.
The licensee was issued License No. 12–
32489–01 on April 9, 2004, pursuant to
10 CFR Part 30 and was amended once
on November 7, 2005. The Facility is a
400 square foot research laboratory
located in the basement. The license
authorized the use of unsealed
Hydrogen-3 and Carbon-14 for use
during in-vitro research labeling
activities. However, through review of
license file documents, inspection
reports, and the amendment request, it
was confirmed that Hydrogen-3 was the
only licensed material used in the
facility.
The licensee permanently ceased
licensed activities at the Facility in
September 2009 and initiated a final
status survey of the facility. The
licensee was not required to submit a
decommissioning plan to NRC because
worker cleanup activities and surveys
are consistent with those approved for
routine operations. The licensee
submitted a Historical Site Assessment
and Final Status survey dated
September 29, 2009 (ML092730395) to
the NRC which demonstrated that the
Facility meets the criteria in Subpart E
of 10 CFR Part 20 for unrestricted use.
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7628-7631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3370]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341; NRC-2010-0051]
Davis-Besse Nuclear Power Station; 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.
NPF-3 issued to FirstEnergy Nuclear Operating Company (the licensee)
for operation of the Davis-Besse Nuclear Power Station, Unit No. 1
(DBNPS) located in Oak Harbor, Ohio.
The proposed amendment would support application of optimized weld
overlays or full structural weld overlays. Applying these weld overlays
on the reactor coolant pump suction and discharge nozzle dissimilar
metal welds requires an update to the DBNPS leak-before-break (LBB)
evaluation.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), Sec. 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1)
[[Page 7629]]
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?
Response: No.
The applicable accident is a Large Break Loss of Coolant
Accident (LBLOCA). Since the application of [optimized weld
overlays] OWOLs or [full structural weld overlays] FSWOLs will
enhance the integrity of welds and the reactor coolant system, the
probability of a previously evaluated accident is not increased. The
consequences of a LBLOCA have been previously evaluated and found to
be acceptable. Application of OWOLs or FSWOLs to the existing welds
will cause no change to the dose analysis associated with a LBLOCA.
Therefore, the leak-before-break (LBB) evaluation update does
not involve a significant increase in the probability or
consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The LBB evaluation update will allow application of OWOLs or
FSWOLs to mitigate potential primary water stress corrosion cracking
(PWSCC) of the existing welds. These welds provide a primary
pressure boundary function. This request does not change the
function of the welds, or the way the plant is operated; it supports
the application of OWOLs or FSWOLs that will enhance the ability of
the welds to perform the pressure boundary function.
Therefore, the proposed LBB update does not create the
possibility of a new or different kind of accident from any-accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Margin of safety is related to the ability of the fission
product barriers to perform their design functions during and
following accident conditions. These barriers include the fuel
cladding, the reactor coolant system, and the containment. This
request does not involve a change to the fuel cladding or the
containment. This amendment request updates the LBB evaluation to
account for the application of OWOLs or FSWOLs to the existing
reactor coolant pump suction and discharge nozzle dissimilar metal
welds for the Davis-Besse Nuclear Power Station. The effect of
applying a weld overlay repair has been evaluated with respect to
the LBB evaluation at these locations. This evaluation addresses
mitigation of PWSCC in these welds and allows the application of a
PWSCC resistant weld overlay that has the added benefit of producing
compressive stresses on the inner portion of the existing welds.
Acceptable residual stresses for purposes of satisfying this
requirement are those which, following the application of OWOLs or
FSWOLs with Alloy 52/52M weld metal, provide a PWSCC resistant
barrier and also result in reduced stresses on the inner portion of
the welds. Acceptable residual stresses are those which, after
application of the weld overlay, are substantially reduced on the
inner portion of the nozzle susceptible material at operating
temperatures, pressures, and loads. In addition, the compressive
stresses which exist in the interior of the dissimilar metal weld
are increased to the point where the PWSCC of an existing flaw may
be arrested. The crack growth analyses resulting from these through-
thickness residual stresses ensure that any PWSCC flaws would be
acceptable within the inspection interval of the dissimilar metal
weld. The effect of the adverse morphology on leakage due to PWSCC
cracking was also evaluated. The effect of the application of the
weld overlay is to increase the critical flaw size, resulting in
additional margin between the critical flawsize and the leakage flaw
size. Although the longer flow path and considerations of crack
morphology for the Alloy 82/182 weld location reduces leakage
somewhat for a given through-wall flaw, the larger critical flaw
size following application of the weld overlay allows for increased
leakage margin. The evaluation described above demonstrates that
these welds will perform as originally intended and that the adverse
effects of PWSCC will be mitigated.
Therefore, the proposed LBB update does not involve a
significant reduction in a margin of safety. Based on the above,
FENOC concludes that the proposed amendment does not involve a
significant hazards consideration under the standards set forth in
10 CFR 50.92(c), and, accordingly, a finding of ``no significant
hazards consideration'' is justified.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
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
[[Page 7630]]
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 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
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 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 https://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
https://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 https://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 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
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 https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-
[[Page 7631]]
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
https://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 the date of publication of this notice. 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 dated [date], 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 Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html.
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: David W. Jenkins, Attorney, FirstEnergy
Corporation, Mail Stop A-GO-15, 76 South Main Street, Akron, OH 44308.
Dated at Rockville, Maryland, this 16th day of February 2010.
For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch III-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-3370 Filed 2-19-10; 8:45 am]
BILLING CODE 7590-01-P
