Southern Nuclear Operating Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 11202-11205 [2010-5092]
Download as PDF
<![CDATA[
erowe on DSK5CLS3C1PROD with NOTICES
11202
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
Congress and oversight agencies, and
annual cost accounting reports.
22. Department of Transportation,
National Highway Traffic Safety
Administration (N1–416–10–1, 1 item, 1
temporary item). Master files of an
electronic information system used to
allow public access to agency
publications through its traffic safety
materials catalog.
23. Department of the Treasury,
Departmental Offices (N1–56–09–20, 5
items, 3 temporary items). Master files,
inputs, and outputs associated with an
electronic correspondence management
system used to track incoming
documentation related to case files,
litigation, and other legal matters.
Records relating to White House and
congressional correspondence are
proposed for permanent retention.
24. Department of the Treasury,
Alcohol and Tobacco Tax and Trade
Bureau (N1–564–09–10, 2 items, 2
temporary items). Inputs and master
files of an electronic information system
that contains data on industry tax
liabilities on regulated products.
25. Department of the Treasury,
Internal Revenue Service (N1–58–09–
59, 4 items, 4 temporary items). Master
files, outputs, and system
documentation associated with an
electronic information system used to
streamline customer service by
providing a common user interface.
26. Department of the Treasury,
Internal Revenue Service (N1–58–09–
85, 2 items, 2 temporary items).
Applications for grants used to fund
programs which offer tax counseling
and assistance to low income and
elderly taxpayers.
27. Department of the Treasury,
Internal Revenue Service (N1–58–09–
87, 2 items, 2 temporary items). Master
files and system documentation
associated with an electronic
information system used to verify the
employment status of agency staff.
28. Department of the Treasury,
Internal Revenue Service (N1–58–09–
89, 3 items, 3 temporary items). Master
files and system documentation
associated with an electronic
information system used to scan and
route paper correspondence received
from taxpayers.
Dated: March 4, 2010.
Michael J. Kurtz,
Assistant Archivist for Records Services—
Washington, DC.
[FR Doc. 2010–5197 Filed 3–9–10; 8:45 am]
BILLING CODE 7515–01–P
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–364; NRC–2010–0092]
Southern Nuclear Operating Company;
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 (NRC, the Commission) is
considering issuance of an amendment
to Facility Operating License No. NPF–
8, issued to Southern Nuclear Operating
Company, Inc. (SNC, the licensee), for
operation of the Joseph M. Farley
Nuclear Plant, Unit 2 (FNP, Unit 2),
located in Houston County, Alabama.
The proposed amendment would delay
implementation of a modification to
eliminate the reactor coolant pump
breaker position reactor trip function for
FNP Unit 2. Elimination of this trip
function was approved by license
amendment issued on September 18,
2009, which approved the licensee
making the modification prior to the
end of the 20th refueling outage (U2R20)
for Unit 2. The licensee requested
approval to delay implementation of the
modification until prior to the end of
Unit 2’s refueling outage 21 (U2R21).
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), section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) Involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed Unit 2 amendment
implementation schedule extension is
administrative in nature and does not require
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
any physical plant modifications, physically
affect any plant systems or components, or
entail changes in plant operation. The
amendment implementation schedule
extension does not significantly increase the
probability or consequences of an accident
previously evaluated in the Final Safety
Analysis Report (FSAR). All of the safety
analyses have been evaluated for impact. The
change in the implementation schedule of
the reactor coolant pump breaker position
reactor trip and technical specification
change will not initiate any accident;
therefore, the probability of an accident has
not been increased. An evaluation of dose
consequences, with respect to the proposed
changes, indicates there is no impact due to
the proposed changes and all acceptance
criteria continue to be met. Operation for an
additional cycle with the RCP breaker
position trip enabled will have negligible
safety consequences given that the
configuration of plant equipment currently in
place to minimize the likelihood of an
unwarranted trip will remain. There is no
change to the current licensing basis.
Therefore, this change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any previously evaluated?
Response: No.
The proposed Unit 2 amendment
implementation schedule extension is
administrative in nature and does not require
any physical plant modifications, physically
affect any plant systems or components, or
entail changes in plant operation. The
proposed amendment implementation
schedule extension does not create the
possibility of a new or different kind of
accident than any accident already evaluated
in the FSAR. No new accident scenarios,
failure mechanisms or limiting single failures
are introduced as result of the proposed
change. The proposed amendment
implementation schedule extension has no
adverse effects on any safety-related system.
Operation for an additional cycle with the
RCP breaker position trip enabled will have
negligible safety consequences given that the
configuration of plant equipment currently in
place to minimize the likelihood of an
unwarranted trip will remain. There is no
change to the current licensing basis.
Therefore, all accident analyses criteria
continue to be met and this change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The proposed Unit 2 amendment
implementation schedule extension is
administrative in nature and does not require
any physical plant modifications, physically
affect any plant systems or components, or
entail changes in plant operation. The
proposed amendment implementation
schedule extension does not involve a
significant reduction in a margin of safety.
All analyses that credit the Reactor Coolant
System Low Flow reactor trip function have
E:\FR\FM\10MRN1.SGM
10MRN1
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
been reviewed and no changes to any inputs
are required. The evaluation demonstrated
that all applicable acceptance criteria are
met. Operation for an additional cycle with
the RCP breaker position trip enabled will
have negligible safety consequences given
that the configuration of plant equipment
currently in place to minimize the likelihood
of an unwarranted trip will remain. There is
no change to the current licensing basis.
Therefore, the proposed amendment
implementation schedule extension does not
involve a significant reduction in the margin
of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking and
Directives Branch (RDB), TWB–05–
B01M, Division of Administrative
Services, Office of Administration, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, and
should cite the publication date and
page number of this Federal Register
notice. Written comments may also be
faxed to the RDB at 301–492–3446.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
Document Room (PDR), located at One
White Flint North, Room 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, Room
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/doccollections/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
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
11203
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
E:\FR\FM\10MRN1.SGM
10MRN1
erowe on DSK5CLS3C1PROD with NOTICES
11204
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
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 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 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/e-
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
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 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 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
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
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
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
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
February 26, 2010, 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: M. Stanford
Blanton, Esq., Balch and Bingham, Post
Office Box 306, 1710 Sixth Avenue
North, Birmingham, Alabama 35201.
Dated at Rockville, Maryland, this 2nd day
of March 2010.
E:\FR\FM\10MRN1.SGM
10MRN1
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Plant Licensing
Branch 2–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
February 2, 2010 (ADAMS Accession
No. ML100351182).
The Need for the Proposed Action
The proposed action is needed to
provide the licensee with additional
time to perform the required upgrades to
the Pilgrim security system due to
resource and logistical impacts. The
request for an exemption from the
March 31, 2010, implementation date to
September 15, 2010, is based on the
delivery dates for the new equipment
and the time needed to install this new
equipment to meet the revised
requirements.
[FR Doc. 2010–5092 Filed 3–9–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[ Docket No. 50–293; NRC–2010–0094]
Entergy Nuclear Operations, Inc;
Pilgrim Nuclear Power Station
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption, pursuant to
Title 10 of the Code of Federal
Regulations (10 CFR) section 73.5,
‘‘Specific exemptions,’’ from the
implementation date for certain new
requirements of 10 CFR Part 73,
‘‘Physical protection of plants and
materials,’’ for Facility Operating
License No. DPR–35, issued to Entergy
Nuclear Operations, Inc. (Entergy or the
licensee), for operation of Pilgrim
Nuclear Power Station (Pilgrim), located
in Plymouth County, MA. In accordance
with 10 CFR 51.21, the NRC prepared an
environmental assessment documenting
its finding. The NRC concluded that the
proposed action will have no significant
impact.
Environmental Assessment
erowe on DSK5CLS3C1PROD with NOTICES
Identification of the Proposed Action
The proposed action would exempt
Pilgrim from the required
implementation date of March 31, 2010,
for several new requirements of 10 CFR
part 73. Specifically, Pilgrim would be
granted an exemption from being in full
compliance with certain new
requirements contained in 10 CFR 73.55
by the March 31, 2010, deadline.
Entergy has proposed an alternate full
compliance implementation date of
September 15, 2010, approximately 61⁄2
months beyond the date required by 10
CFR Part 73. The proposed action, an
extension of the schedule for
completion of certain actions required
by the revised 10 CFR part 73, does not
involve any physical changes to the
reactor, fuel, plant structures, water, or
land at the Pilgrim site.
The proposed action is in accordance
with the licensee=s application dated
January 22, 2010 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML100260716), as supplemented on
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
Environmental Impacts of the Proposed
Action
The NRC has completed its
environmental assessment of the
proposed exemption. The staff has
concluded that the proposed action to
extend the implementation deadline
would not significantly affect plant
safety and would not have a significant
adverse effect on the probability of an
accident occurring.
The proposed action would not result
in an increased radiological hazard
beyond those previously analyzed in the
environmental assessment and finding
of no significant impact made by the
Commission in promulgating its
revisions to 10 CFR Part 73, as
discussed in a Federal Register notice
dated March 27, 2009 (74 FR 13967).
There will be no change to radioactive
effluents that affect radiation exposures
to plant workers and members of the
public. Therefore, no changes or
different types of radiological impacts
are expected as a result of the proposed
exemption.
The proposed action does not result
in changes to land use or water use, or
result in changes to the quality or
quantity of non-radiological effluents.
No changes to the National Pollution
Discharge Elimination System permit
are needed. No effects on the aquatic or
terrestrial habitat in the vicinity of the
plant, or to threatened, endangered, or
protected species under the Endangered
Species Act, or impacts to essential fish
habitat covered by the MagnusonSteven’s Act are expected. There are no
impacts to the air or ambient air quality.
There are no impacts to historical and
cultural resources. There would be no
impact to socioeconomic resources.
Therefore, no changes to or different
types of non-radiological environmental
impacts are expected as a result of the
proposed exemption.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action. In addition, in promulgating its
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
11205
revisions to 10 CFR part 73, the
Commission prepared an environmental
assessment and published a finding of
no significant impact [Part 73, Power
Reactor Security Requirements, 74 FR
13926, 13967 (March 27, 2009)].
The NRC staff’s safety evaluation will
be provided in the exemption that will
be issued as part of the letter to the
licensee approving the exemption to the
regulation, if granted.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff considered denial
of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the
application would result in no change
in current environmental impacts. If the
proposed action was denied, the
licensee would have to comply with the
March 31, 2010, implementation
deadline. The environmental impacts of
the proposed action and the ‘‘no action’’
alternative action are similar.
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement for Pilgrim,
dated January 1972, and the ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Pilgrim Nuclear Power
Station,’’ NUREG–1437, Supplement 29,
published in July 2007 (ADAMS
Accession No. ML071990027).
Agencies and Persons Consulted
In accordance with its stated policy,
on February 5, 2010, the NRC staff
consulted with the Massachusetts State
official of the Massachusetts Emergency
Management Agency regarding the
environmental impact of the proposed
action. The State official had no
comments.
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
For further details with respect to the
proposed action, see the licensee’s letter
dated January 22, 2010, as
supplemented by letter dated February
2, 2010. Portions of the submittal dated
January 22, 2010, as supplemented by
letter dated February 2, 2010, contain
security-related information and,
accordingly, are not available to the
public. Publicly-available versions of
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11202-11205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5092]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-364; NRC-2010-0092]
Southern Nuclear Operating Company; 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 (NRC, the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-8, issued to Southern Nuclear Operating Company, Inc. (SNC, the
licensee), for operation of the Joseph M. Farley Nuclear Plant, Unit 2
(FNP, Unit 2), located in Houston County, Alabama. The proposed
amendment would delay implementation of a modification to eliminate the
reactor coolant pump breaker position reactor trip function for FNP
Unit 2. Elimination of this trip function was approved by license
amendment issued on September 18, 2009, which approved the licensee
making the modification prior to the end of the 20th refueling outage
(U2R20) for Unit 2. The licensee requested approval to delay
implementation of the modification until prior to the end of Unit 2's
refueling outage 21 (U2R21).
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), section 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1) Involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed Unit 2 amendment implementation schedule extension
is administrative in nature and does not require any physical plant
modifications, physically affect any plant systems or components, or
entail changes in plant operation. The amendment implementation
schedule extension does not significantly increase the probability
or consequences of an accident previously evaluated in the Final
Safety Analysis Report (FSAR). All of the safety analyses have been
evaluated for impact. The change in the implementation schedule of
the reactor coolant pump breaker position reactor trip and technical
specification change will not initiate any accident; therefore, the
probability of an accident has not been increased. An evaluation of
dose consequences, with respect to the proposed changes, indicates
there is no impact due to the proposed changes and all acceptance
criteria continue to be met. Operation for an additional cycle with
the RCP breaker position trip enabled will have negligible safety
consequences given that the configuration of plant equipment
currently in place to minimize the likelihood of an unwarranted trip
will remain. There is no change to the current licensing basis.
Therefore, this change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any previously evaluated?
Response: No.
The proposed Unit 2 amendment implementation schedule extension
is administrative in nature and does not require any physical plant
modifications, physically affect any plant systems or components, or
entail changes in plant operation. The proposed amendment
implementation schedule extension does not create the possibility of
a new or different kind of accident than any accident already
evaluated in the FSAR. No new accident scenarios, failure mechanisms
or limiting single failures are introduced as result of the proposed
change. The proposed amendment implementation schedule extension has
no adverse effects on any safety-related system. Operation for an
additional cycle with the RCP breaker position trip enabled will
have negligible safety consequences given that the configuration of
plant equipment currently in place to minimize the likelihood of an
unwarranted trip will remain. There is no change to the current
licensing basis. Therefore, all accident analyses criteria continue
to be met and this change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed Unit 2 amendment implementation schedule extension
is administrative in nature and does not require any physical plant
modifications, physically affect any plant systems or components, or
entail changes in plant operation. The proposed amendment
implementation schedule extension does not involve a significant
reduction in a margin of safety. All analyses that credit the
Reactor Coolant System Low Flow reactor trip function have
[[Page 11203]]
been reviewed and no changes to any inputs are required. The
evaluation demonstrated that all applicable acceptance criteria are
met. Operation for an additional cycle with the RCP breaker position
trip enabled will have negligible safety consequences given that the
configuration of plant equipment currently in place to minimize the
likelihood of an unwarranted trip will remain. There is no change to
the current licensing basis. Therefore, the proposed amendment
implementation schedule extension does not involve a significant
reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking
and Directives Branch (RDB), TWB-05-B01M, Division of Administrative
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be faxed to the RDB at 301-492-3446. Documents may be examined, and/or
copied for a fee, at the NRC's Public Document Room (PDR), located at
One White Flint North, Room 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, Room O1F21,
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available records will be accessible from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to
intervene is filed by the above date, the Commission or a presiding
officer designated by the Commission or by the Chief Administrative
Judge of the Atomic Safety and Licensing Board Panel, will rule on the
request and/or petition; and the Secretary or the Chief Administrative
Judge of the Atomic Safety and Licensing Board will issue a notice of a
hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the 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
[[Page 11204]]
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-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 February 26, 2010,
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: M. Stanford Blanton, Esq., Balch and
Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham,
Alabama 35201.
Dated at Rockville, Maryland, this 2nd day of March 2010.
[[Page 11205]]
For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Plant Licensing Branch 2-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-5092 Filed 3-9-10; 8:45 am]
BILLING CODE 7590-01-P
