Connecticut Yankee Atomic Power Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards; Consideration Determination, and Opportunity for a Hearing, 33653-33656 [2010-14199]
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Notices
Tuesday, June 30, 2010
Opening Statement by CEOSE Chair.
Presentations and Discussions:
✓ Broadening Participation Initiatives in
the NSF Mathematical and Physical
Sciences Directorate of NSF.
✓ Reports by CEOSE Liaisons to NSF
Advisory Committees.
✓ A Conversation with the Acting Director
of NSF.
✓ General Discussion Pertinent to the
CEOSE Mandate.
Dated: June 9, 2010.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2010–14163 Filed 6–11–10; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–042; NRC–2010–0165]
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Exelon Nuclear Texas Holdings, LLC
(Exelon) Acceptance for Docketing of
an Application for an Early Site Permit
for the Victoria County Station Site
On March 25, 2010, the Nuclear
Regulatory Commission (NRC, the
Commission) received an application
from Exelon Nuclear Texas Holdings
LLC (Exelon), dated March 25, 2010,
filed pursuant to Section 103 of the
Atomic Energy Act and 10 CFR Part 52,
for an early site permit (ESP) for a
location approximately 13.3 miles south
of the city of Victoria, Texas, identified
as the Victoria County Station ESP site.
A notice of receipt and availability of
this application was previously
published in the Federal Register (75
FR 22434: April 28, 2010). The
applicant supplemented the application
by letters dated May 4, May 6, May 13,
and May 20, 2010.
An applicant may seek an ESP in
accordance with Subpart A of 10 CFR
Part 52 separate from the filing of an
application for a construction permit
(CP) or combined license (COL) for a
nuclear power facility. The ESP process
allows resolution of issues relating to
siting. At any time during the duration
of an ESP (up to 20 years), the permit
holder may reference the permit in a CP
or COL application.
The NRC staff has determined that
Exelon has submitted information in
accordance with 10 CFR Parts 2 and 52
that is sufficiently complete and
acceptable for docketing. The Docket
Number established for this application
is 52–042. The NRC staff will perform
a detailed technical review of the
application, and docketing of the ESP
application does not preclude the NRC
from requesting additional information
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from the applicant as the review
proceeds, nor does it predict whether
the Commission will grant or deny the
application. The Commission will
conduct a hearing in accordance with 10
CFR 52.21 and will receive a report on
the application from the Advisory
Committee on Reactor Safeguards in
accordance with 10 CFR 52.23. If the
Commission then finds that the
application meets the applicable
standards of the Atomic Energy Act and
the Commission’s regulations, and that
required notifications to other agencies
and bodies have been made, the
Commission will issue an ESP, in the
form and containing conditions and
limitations that the Commission finds
appropriate and necessary.
In accordance with 10 CFR Part 51,
the Commission will also prepare an
environmental impact statement for the
proposed action. Pursuant to 10 CFR
51.26, and as part of the environmental
scoping process, the staff intends to
hold a public scoping meeting. Detailed
information regarding this meeting will
be included in a future Federal Register
notice.
Finally, the Commission will
announce, in a future Federal Register
notice, the opportunity to petition for
leave to intervene in the hearing
required for this application by 10 CFR
52.21.
A copy of the Exelon ESP application
is available for public inspection at the
Commission’s Public Document Room
located at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland, and at the Victoria County
Library in Victoria, Texas. It is also
accessible electronically from the
Agency wide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html
(ADAMS Accession No. ML101110201).
Persons who do not have access to
ADAMS, or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC Public
Document Room staff by telephone at 1–
800–397–4209, 301–415–4737 or by email to pdr@nrc.gov.
Dated at Rockville, Maryland, this 7th day
of June 2010.
For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2010–14208 Filed 6–11–10; 8:45 am]
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33653
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–213; NRC–2010–0201]
Connecticut Yankee Atomic Power
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 (the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
61 issued to Connecticut Yankee Atomic
Power Company (the licensee) for
operation of the Haddam Neck Plant
located in Middlesex County,
Connecticut.
The proposed amendment would
change the title of the Physical Security
Plan in the Haddam Neck Facility
Operating License from the ‘‘Haddam
Neck Plant Defueled Physical Security
Plan’’ to the ‘‘Haddam Neck Plant ISFSI
Physical Security Plan.’’
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 amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed amendment is a title change
only. Therefore, the proposed amendment
does not involve a significant increase in the
probability or consequence 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.
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Notices
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The proposed amendment is a title change
only. Therefore, the proposed amendment
does not involve a new or different kind of
accident previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed amendment is a title change
only. Therefore, the proposed amendment
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 Cindy Bladey, Chief,
Rules, Announcements, and Directives
Branch (RADB), 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
RADB 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
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North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the 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
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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 EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Notices
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
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
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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 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
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33655
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 April
7, 2010, (ADAMS Accession No.
ML101100480) 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: Joseph Fay,
Connecticut Yankee Atomic Power
Company, 362 Injun Hollow Road, East
Hampton, Connecticut 06424–3099.
Dated at Rockville, Maryland, this 1st day
of June 2010.
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Notices
For the Nuclear Regulatory Commission.
John Goshen,
Project Manager, Licensing Branch, Division
of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2010–14199 Filed 6–11–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219; NRC–2010–0200]
Exelon Generation Company, LLC
Oyster Creek Nuclear Generating
Station Environmental Assessment
and Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions from Title 10 of
the Code of Federal Regulations (10
CFR) Part 50, Appendix R, Section III.G,
‘‘Fire Protection of Safe Shutdown
Capability,’’ for Renewed Facility
Operating License No. DPR–16, for the
use of operator manual actions in lieu
of the requirements specified in Section
III.G.2, as requested by Exelon
Generation Company, LLC (the
licensee), for operation of the Oyster
Creek Nuclear Generating Station
(Oyster Creek), located in Ocean
County, New Jersey. Therefore, as
required by 10 CFR Section 51.21, the
NRC performed an environmental
assessment. Based on the results of the
environmental assessment, the NRC is
issuing a finding of no significant
impact.
Environmental Assessment
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Identification of the Proposed Action
The proposed action would grant
exemptions to 10 CFR Part 50,
Appendix R, Section III.G.2 based on 6
operator manual actions contained in
the licensee’s Fire Protection Program
(FPP). The licensee’s FPP requires that
the identified operator manual actions
be performed outside of the control
room to achieve shutdown following
fires in certain fire areas. The licensee
states that each of the manual actions
was subjected to a manual action
feasibility review for Oyster Creek that
determined that the manual actions are
feasible and can be reliably performed.
The proposed action is in accordance
with the licensee’s application dated
March 4, 2009 (available in the
Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML090640225). By letter
dated April 2, 2010 (ADAMS Accession
No. ML100920370), the licensee
submitted a response to an NRC staff
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request for additional information. In
this letter the licensee identified that, as
a result of clarifications included to
Regulatory Guide 1.189, ‘‘Fire Protection
for Nuclear Power Plants,’’ some of the
operator manual actions included in the
original exemption request no longer
required an exemption.
The Need for the Proposed Action
The proposed exemption from 10 CFR
Part 50, Appendix R, was submitted in
response to the need for an exemption
as identified by NRC Regulatory
Information Summary (RIS) 2006–10,
‘‘Regulatory Expectations with
Appendix R Paragraph III.G.2 Operator
Manual Actions.’’ The RIS noted that
NRC inspections identified that some
licensees had relied upon operator
manual actions, instead of the options
specified in Paragraph III.G.2 of 10 CFR
Part 50, Appendix R, as a permanent
solution to resolve issues related to
Thermo-Lag 330–1 fire barriers. RIS
2006–10, however, identifies that an
exemption under 10 CFR Section 50.12
is necessary for use of the manual
actions in lieu of the requirements of 10
CFR Part 50, Appendix R, III.G.2, even
if the NRC previously issued a Safety
Evaluation that found the manual
actions acceptable. RIS 2006–10 and
Enforcement Guidance Memorandum
07–004 (ADAMS Accession No.
ML071830345) provided that exemption
requests must be submitted by March 6,
2009. The licensee’s proposed
exemption provides the formal vehicle
for NRC approval for the use of the
specified operator manual actions
instead of the options specified in 10
CFR Part 50, Appendix R, III.G.2.
Environmental Impacts of the Proposed
Action
The NRC has completed its evaluation
of the proposed action and concludes
that the operator manual actions are
procedural direction to take actions
proscribed for response to a fire-related
event at the plant and, therefore, cannot
increase the probability of an event
occurring or introduce a new or
different kind of event. The operator
manual actions restore or allow function
of mitigative systems necessary to place
the plant in a safe-shutdown condition.
Therefore, the proposed action would
not significantly increase the
consequences of accidents. No changes
are being made in the types of effluents
that may be released off site. There is no
significant increase in the amount of
any effluent released off site. None of
the manual actions to be performed are
in areas that have radiation levels that
would preclude entry. Further, the
licensee stated that the highest expected
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dose during performance of the manual
actions is 100 millirem (2 percent of the
annual occupational limit), and the
majority of manual actions are not in
radiological controlled areas. Based on
this consideration, the NRC staff finds
that there is no significant increase in
occupational or public radiation
exposure. Therefore, there are no
significant radiological impacts
associated with the proposed action.
The NRC staff thus concludes that
granting the proposed exemption would
result in no significant radiological
environmental impact.
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 or the
plant, or to threatened, endangered, or
protected species under the Endangered
Species Act, or impacts to essential fish
habitat covered by the MagnusonStevens 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
noticeable effect on socioeconomic
conditions in the region. Therefore, no
changes or different types of nonradiological environmental impacts are
expected as a result of the proposed
action. Accordingly, the NRC concludes
that there are no significant
environmental impacts associated with
the proposed action.
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. The
environmental impacts of the proposed
action and the 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 1974 Final
Environmental Statement for Oyster
Creek and NUREG–1437, Vol. 1,
Supplement 28, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Plants Regarding Oyster
Creek Nuclear Generating Station, Final
Report—Main Report.’’
Agencies and Persons Consulted
In accordance with its stated policy,
on June 7, 2010, the NRC staff consulted
with the New Jersey State official for the
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[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Notices]
[Pages 33653-33656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14199]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-213; NRC-2010-0201]
Connecticut Yankee Atomic Power 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 (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-61 issued to Connecticut Yankee Atomic Power Company (the licensee)
for operation of the Haddam Neck Plant located in Middlesex County,
Connecticut.
The proposed amendment would change the title of the Physical
Security Plan in the Haddam Neck Facility Operating License from the
``Haddam Neck Plant Defueled Physical Security Plan'' to the ``Haddam
Neck Plant ISFSI Physical Security Plan.''
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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment is a title change only. Therefore, the
proposed amendment does not involve a significant increase in the
probability or consequence 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.
[[Page 33654]]
The proposed amendment is a title change only. Therefore, the
proposed amendment does not involve a new or different kind of
accident previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed amendment is a title change only. Therefore, the
proposed amendment 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 Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch (RADB), 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 RADB at 301-492-3446.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the Commission's PDR, located at One White Flint North, Public File
Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the 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
[[Page 33655]]
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 April 7, 2010,
(ADAMS Accession No. ML101100480) 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: Joseph Fay, Connecticut Yankee Atomic Power
Company, 362 Injun Hollow Road, East Hampton, Connecticut 06424-3099.
Dated at Rockville, Maryland, this 1st day of June 2010.
[[Page 33656]]
For the Nuclear Regulatory Commission.
John Goshen,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-14199 Filed 6-11-10; 8:45 am]
BILLING CODE 7590-01-P
