Palisades Nuclear Plant; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 19428-19431 [2010-8509]
Download as PDF
19428
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
9. Consider and act on other business.
10. Consider and act on adjournment
of meeting.
Board of Directors; Agenda
Open Session:
1. Approval of agenda.
2. Approval of Minutes of the Board’s
Open Session Telephonic meeting of
December 22, 2009.
3. Approval of Minutes of the Board’s
Open Session meeting of January 30,
2010.
4. Consider and act on whether to
begin each meeting, or the first of a
series of meetings, with the Pledge of
Allegiance.
5. Consider and act on whether to
establish a Search Committee for LSC
President (‘‘Search Committee’’),
Resolution 2010–XXX, and if so:
a. Consider and act on Charter for
Search Committee;
b. Consider and act on whether to
delegate to the Search Committee the
authority to approve and issue a Request
for Proposals for executive search firm
services;
c. Consider and act on whether to
approve for issuance a Request for
Proposals for executive search firm
services.
6. Consider and act on Resolutions
2010–XXXa–f thanking outgoing Board
Members for their service and
contributions to the Legal Services
Corporation.
7. Chairman’s Report.
8. Members’ Reports.
9. President’s Report.
10. Inspector General’s Report.
11. Consider and act on the report of
the Promotion & Provision for the
Delivery of Legal Services Committee.
12. Consider and act on the report of
the Finance Committee.
13. Consider and act on the report of
the Audit Committee.
14. Consider and act on the report of
the Operations & Regulations
Committee.
15. Consider and act on the report of
the Governance & Performance Review
Committee.
16. Consider and act on Resolution
2010–XXX expressing the Board’s
appreciation to Patricia Batie, acting
Corporate Secretary, Legal Services
Corporation.
17. Public comment.
18. Consider and act on other
business.
19. Consider and act on whether to
authorize an executive session of the
Board to address items listed below
under Closed Session.
Closed Session:
20. Consider and act on General
Counsel’s report on potential and
pending litigation involving LSC.
21. IG briefing of the Board.
VerDate Nov<24>2008
18:33 Apr 13, 2010
Jkt 220001
22. Consider and act on motion to
adjourn meeting.
Contact Person for Information:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
Special Needs: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Katherine Ward, at (202)
295–1500 or
FR_NOTICE_QUESTIONS@lsc.gov.
Dated: April 9, 2010.
Patricia D. Batie,
Corporate Secretary.
[FR Doc. 2010–8595 Filed 4–12–10; 11:15 am]
BILLING CODE 7050–01–P
NATIONAL COUNCIL ON DISABILITY
Sunshine Act Meetings
DATE AND TIMES:
April 20, 2010, 12
noon–5 p.m.
National Council on Disability,
1331 F Street, NW., Suite 850,
Washington, DC 20004.
STATUS: Parts of this meeting will be
open to the public. The rest of the
meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Current
NCD Projects.
PORTIONS OPEN TO THE PUBLIC: April 20,
2010, 12 noon–1 p.m.
MATTERS TO BE CONSIDERED: Closed
Executive Session.
PORTIONS CLOSED TO THE PUBLIC: April
20, 2010, 1 p.m.–5 p.m.
FOR FURTHER INFORMATION CONTACT:
Mark Quigley, Director of
Communications, NCD, 1331 F Street,
NW., Suite 850, Washington, DC 20004;
202–272–2004, 202–272–2074 (TTY).
PLACE:
Dated: April 8, 2010.
Joan M. Durocher,
Executive Director.
[FR Doc. 2010–8634 Filed 4–12–10; 4:15 pm]
BILLING CODE 6820–MA–P
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Computer and
Information Science and Engineering;
Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
Name: Advisory Committee for Computer
and Information Science and Engineering—
(1115).
Date and Time: May 7, 2010, 8:30 a.m.–5
p.m.
Place: The National Science Foundation,
4201 Wilson Blvd., Room 1235, Arlington,
VA.
To help facilitate your access into the
building, please contact Cassandra Queen at
the Directorate for Computer and Information
Science and Engineering at 703/292–8900
prior to the meeting so that a visitor’s badge
may be prepared for you in advance.
Type of Meeting: Open.
Contact Person: Rita Koch, Directorate for
Computer and Information Science and
Engineering, National Science Foundation,
4201 Wilson Blvd., Suite 1105, Arlington VA
22230. Telephone: (703) 292–8900.
Purpose of Meeting: To advise NSF on the
impact of its policies, programs and activities
on the CISE community. To provide advice
to the Assistant Director for CISE on issues
related to long-range planning, and to form
ad hoc subcommittees to carry out needed
studies and tasks.
Agenda: Report from the Assistant
Director. Discussion of research, education,
diversity, workforce issues in IT and longrange funding outlook.
Dated: April 8, 2010.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2010–8458 Filed 4–13–10; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–255; NRC–2010–0152]
Palisades Nuclear Plant; 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 or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. DPR–20 issued to Entergy
Nuclear Operations, Inc. (ENO) (the
licensee) for operation of the Palisades
Nuclear Plant (PNP) located in Van
Buren County, Michigan.
The proposed amendment would add
new license condition 2.C(4) stating that
performance of Technical Specification
(TS) surveillance requirement (SR)
3.1.4.3, which verifies control rod
freedom of movement, is not required
for control rod drive (CRD) 22 during
cycle 21 until the next entry into Mode
3 in a maintenance or refueling outage,
whichever is earlier.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
E:\FR\FM\14APN1.SGM
14APN1
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
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)
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 proposed license amendment adds a
license condition to forgo the remaining two
required surveillance tests of one control rod
from the PNP TS surveillance requirement
for partial movement every 92 days. Since
the control rod remains operable, the
proposed license condition does not affect or
create any accident initiators or precursors.
As such, the proposed license condition does
not increase the probability of an accident.
The proposed license amendment does not
increase the consequences of an accident.
The ability to move a full-length control rod
by its drive mechanism is not an initial
assumption used in the safety analyses. The
safety-analyses assume full-length control
rod insertion, except the most reactive rod,
upon reactor trip. The surveillance
requirement performed during the last
refueling outage verified control rod drop
times are within accident analysis
assumptions. ENO has determined that CRD
seal leakage does not increase the likelihood
of an untrippable control rod. The
assumptions of the safety analyses will be
maintained, and the consequences of an
accident will not be increased.
Therefore, operation of the facility in
accordance with the proposed license
condition would not involve a significant
increase in the probability or consequences
of an accident previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed license condition does not
involve a physical alteration of any structure,
system or component (SSC) or change the
way any SSC is operated. The proposed
license condition does not involve operation
of any required SSCs in a manner or
configuration differently from those
VerDate Nov<24>2008
17:27 Apr 13, 2010
Jkt 220001
previously recognized or evaluated. No new
failure mechanisms would be introduced by
the requested SR interval extension.
Therefore, the proposed amendment 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.
The proposed license condition does not
affect operability of the control rod. It will
have the same capability to mitigate an
accident as it had prior to the proposed
license condition.
Therefore, the proposed amendment would
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2010–
0152 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
19429
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0152. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking, Announcements and
Directives Branch (RADB), Division of
Administrative Services, Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RADB at (301) 492–
3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
Federal Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2010–0152.
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.
E:\FR\FM\14APN1.SGM
14APN1
srobinson on DSKHWCL6B1PROD with NOTICES
19430
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
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
O1 F21, 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
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
VerDate Nov<24>2008
17:27 Apr 13, 2010
Jkt 220001
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
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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/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:\FR\FM\14APN1.SGM
14APN1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Notices
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
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
VerDate Nov<24>2008
17:27 Apr 13, 2010
Jkt 220001
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 March
31, 2010, which is available for public
inspection at the Commission’s PDR,
located at One White Flint North, Room
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: Mr. William
Dennis, Assistant General Counsel,
Entergy Nuclear Operations, Inc., 440
Hamilton Ave., White Plains, NY 10601.
Dated at Rockville, Maryland, this 7th day
of April, 2010.
For the Nuclear Regulatory Commission.
Mahesh Chawla,
Project Manager, Plant Licensing Branch III–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2010–8509 Filed 4–13–10; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
19431
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–483; NRC–2010–0151]
Union Electric 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 or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. NPF–30, issued to Union
Electric Company (the licensee), for
operation of the Callaway Plant, Unit 1,
located in Callaway County, Missouri.
The proposed amendment would
revise the Technical Specification (TS)
3.3.2, ‘‘Engineered Safety Feature
Actuation System (ESFAS)
Instrumentation,’’ regarding function 6.g
in TS Table 3.3.2–1. Function 6.g
provides an auxiliary feedwater (AFW)
start signal that is provided to the
motor-driven AFW pumps in the event
of a trip of both turbine-driven main
feedwater (MFW) pumps. The changes
would revise Condition J for ESFAS
instrumentation function 6.g to read,
‘‘One or more Main Feedwater Pumps
trip channel(s) inoperable.’’ The licensee
will make corresponding changes to
Required Action J.1 and the Note above
Required Actions J.1 and J.2 for
consistency with the revised Condition.
In accordance with the requirements
of paragraph 50.91(a)(6) of Title 10 of
the Code of Federal Regulations (10
CFR), the licensee requested approval of
the amendment on exigent basis. The
licensee stated that exigent approval
was needed due to the time-critical
nature of the requested amendment. The
licensee requested approval of the
amendment by May 14, 2010. The
exigency arises due to the fact that, in
the absence of approval of the
amendment to TS 3.3.2, if the running
MFW pump were to trip, Callaway
Plant, Unit 1, will not be able to resume
operation to the plant’s licensed power
level upon restart from its refueling
outage 17, scheduled to end on May 14,
2010.
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.
Pursuant to 10 CFR 50.91(a)(6), for
amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration. Under the Commission’s
E:\FR\FM\14APN1.SGM
14APN1
Agencies
[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19428-19431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8509]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2010-0152]
Palisades Nuclear Plant; 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 or the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-20 issued to Entergy Nuclear Operations, Inc. (ENO) (the licensee)
for operation of the Palisades Nuclear Plant (PNP) located in Van Buren
County, Michigan.
The proposed amendment would add new license condition 2.C(4)
stating that performance of Technical Specification (TS) surveillance
requirement (SR) 3.1.4.3, which verifies control rod freedom of
movement, is not required for control rod drive (CRD) 22 during cycle
21 until the next entry into Mode 3 in a maintenance or refueling
outage, whichever is earlier.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the
[[Page 19429]]
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) 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 proposed license amendment adds a license condition to forgo
the remaining two required surveillance tests of one control rod
from the PNP TS surveillance requirement for partial movement every
92 days. Since the control rod remains operable, the proposed
license condition does not affect or create any accident initiators
or precursors. As such, the proposed license condition does not
increase the probability of an accident.
The proposed license amendment does not increase the
consequences of an accident. The ability to move a full-length
control rod by its drive mechanism is not an initial assumption used
in the safety analyses. The safety-analyses assume full-length
control rod insertion, except the most reactive rod, upon reactor
trip. The surveillance requirement performed during the last
refueling outage verified control rod drop times are within accident
analysis assumptions. ENO has determined that CRD seal leakage does
not increase the likelihood of an untrippable control rod. The
assumptions of the safety analyses will be maintained, and the
consequences of an accident will not be increased.
Therefore, operation of the facility in accordance with the
proposed license condition would not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed license condition does not involve a physical
alteration of any structure, system or component (SSC) or change the
way any SSC is operated. The proposed license condition does not
involve operation of any required SSCs in a manner or configuration
differently from those previously recognized or evaluated. No new
failure mechanisms would be introduced by the requested SR interval
extension.
Therefore, the proposed amendment 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.
The proposed license condition does not affect operability of
the control rod. It will have the same capability to mitigate an
accident as it had prior to the proposed license condition.
Therefore, the proposed amendment would not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2010-0152 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove any
identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2010-0152. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar, Chief, Rulemaking,
Announcements and Directives Branch (RADB), Division of Administrative
Services, Office of Administration, Mail Stop: TWB-05-B01M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to
RADB at (301) 492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O1
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID: NRC-2010-0152.
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.
[[Page 19430]]
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 O1 F21,
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 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
[[Page 19431]]
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 March 31, 2010,
which is available for public inspection at the Commission's PDR,
located at One White Flint North, Room 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: Mr. William Dennis, Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Ave., White
Plains, NY 10601.
Dated at Rockville, Maryland, this 7th day of April, 2010.
For the Nuclear Regulatory Commission.
Mahesh Chawla,
Project Manager, Plant Licensing Branch III-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-8509 Filed 4-13-10; 8:45 am]
BILLING CODE 7590-01-P