Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 70032-70041 [2010-28822]

Download as PDF 70032 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices FOR FURTHER INFORMATION CONTACT: Richard H. Hunt, Director; Center for Legislative Archives; (202) 357–5350. SUPPLEMENTARY INFORMATION: Agenda (1) Chair’s opening remarks—Clerk of the House; (2) Recognition of Co-chair—Secretary of the Senate; (3) Recognition of the Archivist of the United States; (4) Approval of the minutes of the last meeting; (5) Discussion of on-going projects and activities; (6) Annual Report of the Center for Legislative Archives; (7) Other current issues and new business. Dated: November 9, 2010. Mary Ann Hadyka, Committee Management Officer. [FR Doc. 2010–28794 Filed 11–15–10; 8:45 am] BILLING CODE 7515–01–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel The National Endowment for the Humanities. ACTION: Notice of meetings. AGENCY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92–463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Michael P. McDonald, Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone (202) 606–8322. Hearingimpaired individuals are advised that information on this matter may be obtained by contacting the Endowment’s TDD terminal on (202) 606–8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman’s Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and (6) of section 552b of Title 5, United States Code. 1. Date: December 1, 2010. Time: 9 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Picturing America School Collaboration Projects, submitted to the Division of Education Programs at the October 7, 2010 deadline. 2. Date: December 1, 2010. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities at the October 5, 2010 deadline. 3. Date: December 2, 2010. Time: 9 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for History and Culture V in Preservation and Access Humanities Collection and Reference Resources, submitted to the Division of Preservation and Access at the July 15, 2010 deadline. 4. Date: December 6, 2010. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities at the October 5, 2010 deadline. 5. Date: December 7, 2010. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities at the October 5, 2010 deadline. 6. Date: December 7, 2010. Time: 9 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Music History in Preservation and Access Humanities Collection and Reference Resources, submitted to the Division of Preservation and Access at the July 15, 2010 deadline. 7. Date: December 8, 2010. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for Digital Humanities Start PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Up Grants, submitted to the Office of Digital Humanities at the October 5, 2010 deadline. 8. Date: December 9, 2010. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities at the October 5, 2010 deadline. 9. Date: December 13, 2010. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Fellowship Programs at Independent Research Institutions, submitted to the Division of Research Programs at the August 17, 2010 deadline. Michael P. McDonald, Advisory Committee, Management Officer. [FR Doc. 2010–28805 Filed 11–15–10; 8:45 am] BILLING CODE 7536–01–P NUCLEAR REGULATORY COMMISSION Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations I. Background Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from October 21, 2010 to November 3, 2010. The last biweekly notice was published on November 2, 2010 (75 FR 67399). Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 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. The basis for this proposed determination for each amendment request is shown below. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, 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 O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Within 60 days after the date of publication of this notice, any person(s) VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission’s ‘‘Rules of Practice for Domestic Licensing Proceedings’’ in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission’s PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor’s/petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the requestor/ petitioner seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the requestor/petitioner PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 70033 intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the requestor/ petitioner to relief. A requestor/ petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007). The EFiling process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 70034 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices (10) days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through EIE, users will be required to install a Web browser plugin from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at http:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the 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 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Petitions for leave to intervene must be filed no later than 60 days from 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 which is available for public inspection at the Commission’s PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff at 1–800–397– 4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. Duke Energy Carolinas, LLC, et al., Docket Nos. 50–413 and 50–414, Catawba Nuclear Station, Units 1 and 2, York County, South Carolina Date of amendment request: March 31, 2010. Description of amendment request: The amendments would revise the Technical Specifications (TSs) to relocate specific surveillance frequency requirements to a licensee-controlled program using a risk-informed justification. Basis for proposed no significant hazards consideration determination: As required by Title 10 of the Code of E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Federal Regulations (10 CFR) 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of any accident previously evaluated? Response: No. The proposed change relocates the specified frequencies for periodic [surveillance requirements] SRs to licensee control under a new Surveillance Frequency Control Program. Surveillance frequencies are not an initiator to any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased. The systems and components required by the TS for which the [surveillance frequencies] SFs are relocated are still required to be operable, meet the acceptance criteria for the surveillance requirements (SRs), and be capable of performing any mitigation function assumed in the accident analysis. As a result, the consequences of any accident previously evaluated are not significantly increased. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any previously evaluated? Response: No. No new or different accidents result from utilizing the proposed changes. The changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the changes do not impose any new or different requirements. The changes do not alter assumptions made in the safety analysis. The proposed changes are consistent with the safety analysis assumptions and current plant operating practice. Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in the margin of safety? Response: No. The design, operation, testing methods, and acceptance criteria for systems, structures, and components (SSCs), specified in applicable codes and standards (or alternatives approved for use by the NRC) will continue to be met as described in the plant licensing basis (including the Updated Final Safety Analysis Report and Bases to the Technical Specifications), since these are not affected by changes to the SFs. Similarly, there is no impact to safety analysis acceptance criteria as described in the plant licensing basis. To evaluate a change in the relocated SF, Duke Energy will perform a probabilistic risk evaluation using the guidance contained in NRC approved NEI 04–10, Rev. 1 in accordance with the TS [surveillance frequency control program] SFCP. NEI 04–10, VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 Rev. 1, methodology provides reasonable acceptance guidelines and methods for evaluating the risk increase of proposed changes to SFs consistent with Regulatory Guide 1.177. Therefore, the proposed changes do 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. Attorney for licensee: Lara S. Nichols, Associate General Counsel, Duke Energy Corporation, 526 South Church Street— EC07H, Charlotte, NC 28202. NRC Branch Chief: Gloria Kulesa. Duke Energy Carolinas, LLC, Docket Nos. 50–369 and 50–370, McGuire Nuclear Station, Units 1 and 2, Mecklenburg County, North Carolina Date of amendment request: March 24, 2010. Description of amendment request: The proposed amendments would revise the Technical Specifications (TSs) to relocate specific surveillance frequency requirements to a licensee controlled program using a riskinformed justification. Basis for proposed no significant hazards consideration determination: As required by Title 10 of the Code of Federal Regulations (10 CFR) 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of any accident previously evaluated? Response: No. The proposed change relocates the specified frequencies for periodic surveillance requirements to licensee control under a new Surveillance Frequency Control Program. Surveillance frequencies are not an initiator to any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased. The systems and components required by the Technical Specifications for which the surveillance frequencies are relocated are still required to be operable, meet the acceptance criteria for the surveillance requirements, and be capable of performing any mitigation function assumed in the accident analysis. As a result, the consequences of any accident previously evaluated are not significantly increased. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 70035 2. Does the proposed create the possibility of a new or different kind of accident from any previously evaluated? Response: No. No new or different accidents result from utilizing the proposed change. The changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the changes do not impose any new or different requirements. The changes do not alter assumptions made in the safety analysis. The proposed changes are consistent with the safety analysis assumptions and current plant operating practice. Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in the margin of safety? Response: No. The design, operation, testing methods, and acceptance criteria for systems, structures, and components (SSCs), specified in applicable codes and standards (or alternatives approved for use by the NRC) will continue to be met as described in the plant licensing basis (including the Updated Final Safety Analysis Report and Bases to the Technical Specifications), since these are not affected by changes to the surveillance frequencies. Similarly, there is no impact to safety analysis acceptance criteria as described in the plant licensing basis. To evaluate a change in the relocated surveillance frequency, Duke Energy will perform a probabilistic risk evaluation using the guidance contained in NRC-approved NEI 04–10, Revision 1 in accordance with the TS (surveillance frequency control program) SFCP. NEI 04–10, Revision 1, methodology provides reasonable acceptance guidelines and methods for evaluating the risk increase of proposed changes to surveillance frequencies consistent with Regulatory Guide 1.177. Therefore, the proposed changes do 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. Attorney for licensee: Lara S. Nichols, Associate General Counsel, Duke Energy Corporation, 526 South Church Street— EC07H, Charlotte, NC 28202. NRC Branch Chief: Gloria Kulesa. Omaha Public Power District, Docket No. 50–285, Fort Calhoun Station, Unit No. 1, Washington County, Nebraska Date of amendment request: July 26, 2010. Description of amendment request: The proposed amendment would approve the Fort Calhoun Station, Unit E:\FR\FM\16NON1.SGM 16NON1 70036 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 1 cyber security plan and associated implementation schedule, and revise the physical protect license condition to require the licensee to fully implement and maintain in effect all provisions of the NRC-approved Cyber Security Plan. The proposed change is consistent with Nuclear Energy Institute (NEI) 08–09, Revision 6, ‘‘Cyber Security Plan for Nuclear Power Reactors.’’ Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Do the proposed changes involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed amendment incorporates a new requirement in the Facility Operating License to implement and maintain a Cyber Security Plan as part of the facility’s overall program for physical protection. Inclusion of the Cyber Security Plan in the Facility Operating License (FOL) itself does not involve any modifications to the safetyrelated structures, systems or components (SSCs). Rather, the Cyber Security Plan describes how the requirements of 10 CFR 73.54 are to be implemented to identify, evaluate, and mitigate cyber attacks up to and including the design basis cyber attack threat, thereby achieving high assurance that the facility’s digital computer and communications systems and networks are protected from cyber attacks. The implementation and incorporation of the Cyber Security Plan into the FOL will not alter previously evaluated Updated Safety Analysis Report (USAR) design basis accident analysis assumptions, add any accident initiators, or affect the function of the plant safety-related SSCs as to how they are operated, maintained, modified, tested, or inspected. Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Do the proposed changes create the possibility of a new or different kind of accident from any accident previously evaluated? No. The proposed amendment provides assurance that safety-related SSCs are protected from cyber attacks. Implementation of 10 CFR 73.54 and inclusion of the Cyber Security Plan in the FOL do not result in the need for any new or different USAR design basis accident analysis. It does not introduce new equipment that could create a new or different kind of accident, and no new equipment failure modes are created. As a result, no new accident scenarios, failure mechanisms, or limiting single failures are introduced as a result of the proposed amendment. VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 Therefore, the proposed amendment does not create the possibility of a new or different kind of accident than those previously evaluated. 3. Do the proposed changes involve a significant reduction in a margin of safety? No. The margin of safety is associated with the confidence in the ability of the fission product barriers (i.e., fuel cladding, reactor coolant pressure boundary, and containment structure) to limit the level of radiation to the public. The proposed amendment would not alter the way any safety-related SSC functions and would not alter the way the plant is operated. The amendment provides assurance that safety related SSCs are protected from cyber attacks. The proposed amendment would not introduce any new uncertainties or change any existing uncertainties associated with any safety limit. The proposed amendment would have no impact on the structural integrity of the fuel cladding, reactor coolant pressure boundary, or containment structure. Based on the above considerations, the proposed amendment would not degrade confidence in the ability of the fission product barriers to limit the level of radiation to the public. Therefore, the proposed amendment does 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. Attorney for licensee: David A. Repka, Esq., Winston & Strawn, 1700 K Street, NW., Washington, DC 20006–3817. NRC Branch Chief: Michael T. Markley. Notice of Issuance of Amendments to Facility Operating Licenses During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR chapter I, which are set forth in the license amendment. Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for A Hearing in connection with these actions was published in the Federal Register as indicated. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.22(b) and has made a determination based on that assessment, it is so indicated. For further details with respect to the action see (1) the applications for amendment, (2) the amendment, and (3) the Commission’s related letter, Safety Evaluation and/or Environmental Assessment as indicated. All of these items are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1 800–397–4209, 301– 415–4737 or by e-mail to pdr.resource@nrc.gov. Detroit Edison Company, Docket No. 50–341, Fermi 2, Monroe County, Michigan Date of application for amendment: June 10, 2009, supplemented by letters dated September 16, 2009, July 23, 2010, and October 4, 2010. Brief description of amendment: The amendment revises Table 3.3.8.1–1 to add a new time delay logic associated with Function 2 for degraded voltage concurrent with a loss-of-coolant accident to address issues discussed in NRC Inspection Report 05000341/ 2008008, dated June 20, 2008. The amendment also revises the maximum and minimum allowable values for the 4160 V emergency bus undervoltage for Surveillance Requirements 3.8.1.2, 3.8.1.7, 3.8.1.10, 3.8.1.11, 3.8.1.14, and 3.8.1.17. Date of issuance: October 20, 2010. Effective date: As of the date of issuance and shall be implemented upon completion of fourteenth refueling outage. Amendment No.: 183. Facility Operating License No. NPF– 43: Amendment revised the Technical Specifications and License. E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices Date of initial notice in Federal Register: August 11, 2009 (74 FR 40235). Supplemental information submitted on July 23, 2010, expanded the scope of application and was described in a revised notice published on August 10, 2010 (75 FR 48373). Supplemental information submitted on October 4, 2010, did not further change the proposed no significant hazards consideration determination as published on August 10, 2010. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated October 20, 2010. No significant hazards consideration comments received: No. mstockstill on DSKH9S0YB1PROD with NOTICES Energy Northwest, Docket No. 50–397, Columbia Generating Station, Benton County, Washington Date of application for amendment: February 8, 2010, as supplemented by letter dated August 17, 2010. Brief description of amendment: The amendment modified Technical Specification (TS) requirements related to TS 3.1.3, ‘‘Control Rod OPERABILITY,’’ and TS 3.1.5, ‘‘Control Rod Scram Accumulators,’’ to be consistent with NUREG–1433, ‘‘Standard Technical Specifications General Electric Plants, BWR/4.’’ The amendment also corrects certain typographical errors. Date of issuance: October 25, 2010. Effective date: As of its date of issuance and shall be implemented within 90 days from the date of issuance. Amendment No.: 216. Facility Operating License No. NPF– 21: The amendment revised the Facility Operating License and Technical Specifications. Date of initial notice in Federal Register: April 6, 2010 (75 FR 17442). The supplemental letter dated August 17, 2010, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated October 25, 2010. No significant hazards consideration comments received: No. VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 Energy Northwest, Docket No. 50–397, Columbia Generating Station, Benton County, Washington Date of application for amendment: April 28, 2010, as supplemented by letter dated August 9, 2010. Brief description of amendment: The amendment revised the Final Safety Analysis Report to support U.S. Department of Energy non-intrusive surveillance and characterization activities within the 618–11 High-Level Waste Burial Ground. Date of issuance: October 25, 2010. Effective date: As of its date of issuance and shall be implemented within 60 days from the date of issuance. Amendment No.: 217. Facility Operating License No. NPF– 21: The amendment revised the Facility Operating License. Date of initial notice in Federal Register: June 29, 2010 (75 FR 37473). The supplemental letter dated August 9, 2010, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated October 25, 2010. No significant hazards consideration comments received: No. Energy Northwest, Docket No. 50–397, Columbia Generating Station, Benton County, Washington Date of application for amendment: April 28, 2010, as supplemented by letter dated August 9, 2010. Brief description of amendment: The proposed change revised the Emergency Plan to address U.S. Department of Energy non-intrusive surveillance and characterization activities within the 618–11 Waste Burial Ground. Date of issuance: November 3, 2010. Effective date: As of its date of issuance and shall be implemented within 60 days from the date of issuance. Amendment No.: 218. Facility Operating License No. NPF– 21: The amendment revised the Facility Operating License and the Emergency Plan. Date of initial notice in Federal Register: June 29, 2010 (75 FR 37473). The supplemental letter dated August 9, 2010, provided additional information that clarified the application, did not expand the scope of the application as PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 70037 originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated November 3, 2010. No significant hazards consideration comments received: No. Energy Northwest, Docket No. 50–397, Columbia Generating Station, Benton County, Washington Date of application for amendment: March 31, 2010. Brief description of amendment: The amendment revised the Technical Specifications (TSs) to add a channel check surveillance requirement to TS 3.3.6.1, ‘‘Primary Containment Isolation Instrumentation,’’ for the reactor pressure vessel low water level isolation signal to the primary containment isolation valves. Date of issuance: November 3, 2010. Effective date: As of its date of issuance and shall be implemented prior to entry into Mode 2 during restart from Refueling Outage R–20, currently scheduled for spring 2011. Amendment No.: 219. Facility Operating License No. NPF– 21: The amendment revised the Facility Operating License and Technical Specifications. Date of initial notice in Federal Register: June 1, 2010 (75 FR 30445). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated November 3, 2010. No significant hazards consideration comments received: No. Entergy Gulf States Louisiana, LLC, and Entergy Operations, Inc., Docket No. 50– 458, River Bend Station, Unit 1, West Feliciana Parish, Louisiana Date of amendment request: January 28, 2010. Brief description of amendment: The amendment revised Section 13.3.4.2.2.4, ‘‘Plant Systems Engineering, Repair, and Corrective Actions,’’ and Table 13.3–17, ‘‘Shift Staffing and Augmentation Capabilities,’’ of the River Bend Station (RBS) Emergency Plan. The revision will allow two maintenance positions on shift to be filled with any combination of the three maintenance craft disciplines. Currently, Table 13.3– 17 of the Emergency Plan only allows electrical or instrumentation and control technicians to fill these two positions. Date of issuance: October 21, 2010. Effective date: As of the date of issuance and shall be implemented 90 days from the date of issuance. E:\FR\FM\16NON1.SGM 16NON1 70038 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices Amendment No.: 169. Facility Operating License No. NPF– 47: The amendment revised the Facility Operating License and Technical Specifications. Date of initial notice in Federal Register: April 6, 2010 (75 FR 17442). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated October 21, 2010. No significant hazards consideration comments received: No. mstockstill on DSKH9S0YB1PROD with NOTICES Luminant Generation Company LLC, Docket Nos. 50–445 and 50–446, Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, Somervell County, Texas Date of amendment request: October 26, 2009, as supplemented by letter dated May 4, 2010. Brief description of amendments: The amendments revised Technical Specification (TS) 3.8.1 entitled ‘‘AC [Alternating Current] Sources— Operating,’’ to extend, on a one-time basis, the allowable Completion Time of Required Action A.3 for one offsite circuit inoperable, from 72 hours to 14 days. This change is only applicable to startup transformer (ST) XST2 and will expire on March 1, 2011. This change is needed to allow sufficient time to make final terminations as part of a plant modification to facilitate connection of either ST XST2 or the spare ST to the Class 1E buses. Date of issuance: October 29, 2010. Effective date: As of the date of issuance and shall be implemented within 120 days from the date of issuance. Amendment Nos.: Unit 1–152; Unit 2–152. Facility Operating License Nos. NPF– 87 and NPF–89: The amendments revised the Facility Operating Licenses and Technical Specifications. Date of initial notice in Federal Register: January 26, 2010 (75 FR 4117). The supplemental letter dated May 4, 2010, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendments is contained in a Safety Evaluation dated October 29, 2010. No significant hazards consideration comments received: No. VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 Tennessee Valley Authority, Docket Nos. 50–259, 50–260, and 50–296, Browns Ferry Nuclear Plant, Units 1, 2, and 3, Limestone County, Alabama Date of application for amendment: October 20, 2009. Brief description of amendment: The amendments delete paragraph d of Technical Specification (TS) 5.2.2, ‘‘Unit Staff,’’ to eliminate working-hour restrictions in the TS, as similar requirements are sufficiently imposed by Title 10 of the Code of Federal Regulations (10 CFR), Part 26, Subpart I. Date of issuance: October 29, 2010. Effective date: As of the date of issuance and shall be implemented within 30 days. Amendment Nos.: 278, 305, and 264. Renewed Facility Operating License Nos. DPR–33, DPR–52, and DPR–68: Amendment revised the License and TSs. Date of initial notice in Federal Register: December 1, 2009 (74 FR 62836). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated October 29, 2010. No significant hazards consideration comments received: Nos. 278, 305, and 264. Virginia Electric and Power Company, Docket Nos. 50–338 and 50–339, North Anna Power Station, Units 1 and 2, Louisa County, Virginia Date of application for amendment: September 28, 2009, as supplemented by letters dated April 8, and May 10, 2010. Brief description of amendment: The amendments revised the Technical Specifications (TSs) by adding new Conditions B and C with associated Action Statements and Completion Times to TS 3.7.12 and modifying Conditions A and D. The changes specifically addressed the filtration function of the Emergency Core Cooling System (ECCS) Pump Room Exhaust Air Cleanup System (PREACS). Date of issuance: November 1, 2010. Effective date: As of the date of issuance and shall be implemented within 60 days from the date of issuance. Amendment Nos.: 260 and 241. Renewed Facility Operating License Nos. NPF–4 and NPF–7: Amendments changed the licenses and the TSs. Date of initial notice in Federal Register: December 1, 2009 (74 FR 62838). The Commission’s related evaluation of the amendments is contained in a PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Safety Evaluation dated November 1, 2010. The supplemental letters provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazard consideration determination. No significant hazards consideration comments received: No. Wolf Creek Nuclear Operating Corporation, Docket No. 50–482, Wolf Creek Generating Station, Coffey County, Kansas Date of amendment request: January 28, 2010. Brief description of amendment: The amendment revised the Limiting Condition for Operation (LCO) of Technical Specification 3.6.3, ‘‘Containment Isolation Valves,’’ for Wolf Creek Generating Station. A note has been added to LCO 3.6.3 to allow the reactor coolant pump seal injection valves to be considered OPERABLE with the valves open and power removed. Date of issuance: November 3, 2010. Effective date: As the date of issuance and will be implemented within 90 days of the date of issuance. Amendment No.: 190. Renewed Facility Operating License No. NPF–42. The amendment revised the Operating License and Technical Specifications. Date of initial notice in Federal Register: March 23, 2010 (75 FR 13792). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated November 3, 2010. No significant hazards consideration comments received: No. Notice of Issuance of Amendments To Facility Operating Licenses and Final Determination of No Significant Hazards Consideration and Opportunity For a Hearing (Exigent Public Announcement or Emergency Circumstances) During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR Chapter I, E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices which are set forth in the license amendment. Because of exigent or emergency circumstances associated with the date the amendment was needed, there was not time for the Commission to publish, for public comment before issuance, its usual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing. For exigent circumstances, the Commission has either issued a Federal Register notice providing opportunity for public comment or has used local media to provide notice to the public in the area surrounding a licensee’s facility of the licensee’s application and of the Commission’s proposed determination of no significant hazards consideration. The Commission has provided a reasonable opportunity for the public to comment, using its best efforts to make available to the public means of communication for the public to respond quickly, and in the case of telephone comments, the comments have been recorded or transcribed as appropriate and the licensee has been informed of the public comments. In circumstances where failure to act in a timely way would have resulted, for example, in derating or shutdown of a nuclear power plant or in prevention of either resumption of operation or of increase in power output up to the plant’s licensed power level, the Commission may not have had an opportunity to provide for public comment on its no significant hazards consideration determination. In such case, the license amendment has been issued without opportunity for comment. If there has been some time for public comment but less than 30 days, the Commission may provide an opportunity for public comment. If comments have been requested, it is so stated. In either event, the State has been consulted by telephone whenever possible. Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has determined that no significant hazards consideration is involved. The Commission has applied the standards of 10 CFR 50.92 and has made a final determination that the amendment involves no significant hazards consideration. The basis for this determination is contained in the documents related to this action. Accordingly, the amendments have VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 been issued and made effective as indicated. Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.12(b) and has made a determination based on that assessment, it is so indicated. For further details with respect to the action see (1) the application for amendment, (2) the amendment to Facility Operating License, and (3) the Commission’s related letter, Safety Evaluation and/or Environmental Assessment, as indicated. All of these items are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1 (800) 397–4209, (301) 415–4737 or by e-mail to pdr.resource@nrc.gov. The Commission is also offering an opportunity for a hearing with respect to the issuance of the amendment. 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 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and electronically on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/doc-collections/cfr/. If there are problems in accessing the document, contact the PDR Reference staff at 1 (800) 397–4209, (301) 415–4737, or by email to pdr.resource@nrc.gov. If a request for a hearing or petition for PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 70039 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 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.1 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 1 To the extent that the applications contain attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant’s counsel and discuss the need for a protective order. E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 70040 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices these requirements with respect to at least one contention will not be permitted to participate as a party. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns/ issues relating to technical and/or health and safety matters discussed or referenced in the applications. 2. Environmental—primarily concerns/issues relating to matters discussed or referenced in the environmental analysis for the applications. 3. Miscellaneous—does not fall into one of the categories outlined above. As specified in 10 CFR 2.309, if two or more petitioners/requestors seek to co-sponsor a contention, the petitioners/ requestors shall jointly designate a representative who shall have the authority to act for the petitioners/ requestors with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the petitioners/ requestors with respect to that contention. 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. Since the Commission has made a final determination that the amendment involves no significant hazards consideration, if a hearing is requested, it will not stay the effectiveness of the amendment. Any hearing held would take place while the amendment is in effect. 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 VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing. docket@nrc.gov, or by telephone at 301– 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http://www. nrc.gov/site-help/e-submittals/applycertificates.html. System requirements for accessing the E-Submittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through EIE, users will be required to install a Web browser plugin from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at http:// www.nrc.gov/site-help/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 E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http://ehd.nrc. gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. mstockstill on DSKH9S0YB1PROD with NOTICES Northern States Power Company— Minnesota, Docket No. 50–282, Prairie Island Nuclear Generating Plant (PINGP), Unit 1, Goodhue County, Minnesota Date of amendment request: October 14, 2010, as supplemented by letters dated October 16, October 17, October 18 and October 20, 2010. Description of amendment request: This amendment revises the Technical Specifications Surveillance Requirement (SR) 3.8.1.10(c), by allowing the PINGP Unit 1 12 Battery Charger to not be energized during the safety injection testing of emergency diesel generator D2, until a modification is completed during the Unit 1 2011 refueling outage. Prior to start up from the 2011 refueling outage, the 12 Battery Charger will be tested in accordance with SR 3.8.1.10(c). Date of issuance: October 22, 2010. Effective date: As of the date of issuance and shall be implemented immediately. Amendment No.: 198. Facility Operating License No. DPR– 42: Amendment revises the Technical Specifications Public comments requested as to proposed no significant hazards consideration (NSHC): Yes. Public notice of the proposed amendment was published in the Red Wing Republican Eagle newspaper, located in Red Wing, Goodhue County, Minnesota, and the Minneapolis Star Tribune newspaper, located in Minneapolis, Minnesota, on October 20, 2010. The notice provided an opportunity to submit comments on the Commission’s proposed NSHC VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 determination. No comments have been received. The supplemental letters contained clarifying information and did not change this initial no significant hazard consideration determination, and did not expand the scope of the original notice. The Commission’s related evaluation of the amendment, finding of exigent circumstances, state consultation, and final NSHC determination are contained in a safety evaluation dated October 22, 2010. Attorney for licensee: Peter M. Glass, Assistant General Counsel, Xcel Energy Services, Inc., 414 Nicollet Mall, Minneapolis, MN 55401. NRC Branch Chief: Robert J. Pascarelli. Dated at Rockville, Maryland, this 4th day of November 2010. For The Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–28822 Filed 11–15–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0002] Sunshine Act Notice Weeks of November 15, 22, 29, December 6, 13, 20, 2010. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and closed. DATE: Week of November 15, 2010 There are no meetings scheduled for the week of November 15, 2010. Week of November 22, 2010—Tentative There are no meetings scheduled for the week of November 22, 2010. Week of November 29, 2010—Tentative Tuesday, November 30, 2010 1 p.m. Briefing on Security Issues (Closed—Ex. 1). Week of December 6, 2010—Tentative There are no meetings scheduled for the week of December 6, 2010. This meeting will be webcast live at the Web address—http://www.nrc.gov. Week of December 20, 2010—Tentative Tuesday, December 21, 2010 9:30 a.m. Briefing on the Threat Environment Assessment (Closed— Ex. 1). 1 p.m. Briefing on Security Issues (Closed—Ex. 1). * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—301–415–1292. Contact person for more information: Rochelle Bavol, 301–415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Angela Bolduc, Chief, Employee/Labor Relations and Work Life Branch, at 301– 492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. Mail to: dlc@nrc.gov. Mail to: aks@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an e-mail to darlene.wright@nrc.gov. Dated: November 10, 2010. Rochelle C. Bavol, Policy Coordinator, Office of the Secretary. [FR Doc. 2010–28957 Filed 11–12–10; 4:15 pm] BILLING CODE 7590–01–P Week of December 13, 2010—Tentative Thursday, December 16, 2010 2 p.m. Briefing on Construction Reactor Oversight Program (cROP) (Public Meeting); (Contact: Aida Rivera-Varona, 301–415–4001). PO 00000 Frm 00129 Fmt 4703 Sfmt 9990 70041 E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70032-70041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28822]


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NUCLEAR REGULATORY COMMISSION


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

I. Background

    Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC) is publishing this regular biweekly notice. The Act 
requires the Commission publish notice of any amendments issued, or 
proposed to be issued and grants the Commission the authority to issue 
and make immediately effective any amendment to an operating license 
upon a determination by the Commission that such amendment involves no 
significant hazards consideration, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.
    This biweekly notice includes all notices of amendments issued, or 
proposed to be issued from October 21, 2010 to November 3, 2010. The 
last biweekly notice was published on November 2, 2010 (75 FR 67399).

Notice of Consideration of Issuance of Amendments to Facility Operating 
Licenses, Proposed No Significant Hazards Consideration Determination, 
and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration.

[[Page 70033]]

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. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Written comments may be submitted by mail to the Chief, 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 
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license. 
Requests for a hearing and a petition for leave to intervene shall be 
filed in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s) 
should consult a current copy of 10 CFR 2.309, which is available at 
the Commission's PDR, located at One White Flint North, Public File 
Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten

[[Page 70034]]

(10) days prior to the filing deadline, the participant should contact 
the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by 
telephone at (301) 415-1677, to request (1) a digital ID certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from 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 which is available for 
public inspection at the Commission's PDR, located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible from 
the ADAMS Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.

Duke Energy Carolinas, LLC, et al., Docket Nos. 50-413 and 50-414, 
Catawba Nuclear Station, Units 1 and 2, York County, South Carolina

    Date of amendment request: March 31, 2010.
    Description of amendment request: The amendments would revise the 
Technical Specifications (TSs) to relocate specific surveillance 
frequency requirements to a licensee-controlled program using a risk-
informed justification.
    Basis for proposed no significant hazards consideration 
determination: As required by Title 10 of the Code of

[[Page 70035]]

Federal Regulations (10 CFR) 50.91(a), the licensee has provided its 
analysis of the issue of no significant hazards consideration, which is 
presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of any accident previously 
evaluated?
    Response: No.
    The proposed change relocates the specified frequencies for 
periodic [surveillance requirements] SRs to licensee control under a 
new Surveillance Frequency Control Program. Surveillance frequencies 
are not an initiator to any accident previously evaluated. As a 
result, the probability of any accident previously evaluated is not 
significantly increased. The systems and components required by the 
TS for which the [surveillance frequencies] SFs are relocated are 
still required to be operable, meet the acceptance criteria for the 
surveillance requirements (SRs), and be capable of performing any 
mitigation function assumed in the accident analysis. As a result, 
the consequences of any accident previously evaluated are not 
significantly increased.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any previously evaluated?
    Response: No.
    No new or different accidents result from utilizing the proposed 
changes. The changes do not involve a physical alteration of the 
plant (i.e., no new or different type of equipment will be 
installed) or a change in the methods governing normal plant 
operation. In addition, the changes do not impose any new or 
different requirements.
    The changes do not alter assumptions made in the safety 
analysis. The proposed changes are consistent with the safety 
analysis assumptions and current plant operating practice.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    The design, operation, testing methods, and acceptance criteria 
for systems, structures, and components (SSCs), specified in 
applicable codes and standards (or alternatives approved for use by 
the NRC) will continue to be met as described in the plant licensing 
basis (including the Updated Final Safety Analysis Report and Bases 
to the Technical Specifications), since these are not affected by 
changes to the SFs. Similarly, there is no impact to safety analysis 
acceptance criteria as described in the plant licensing basis.
    To evaluate a change in the relocated SF, Duke Energy will 
perform a probabilistic risk evaluation using the guidance contained 
in NRC approved NEI 04-10, Rev. 1 in accordance with the TS 
[surveillance frequency control program] SFCP. NEI 04-10, Rev. 1, 
methodology provides reasonable acceptance guidelines and methods 
for evaluating the risk increase of proposed changes to SFs 
consistent with Regulatory Guide 1.177.
    Therefore, the proposed changes do 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.
    Attorney for licensee: Lara S. Nichols, Associate General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC 
28202.
    NRC Branch Chief: Gloria Kulesa.

Duke Energy Carolinas, LLC, Docket Nos. 50-369 and 50-370, McGuire 
Nuclear Station, Units 1 and 2, Mecklenburg County, North Carolina

    Date of amendment request: March 24, 2010.
    Description of amendment request: The proposed amendments would 
revise the Technical Specifications (TSs) to relocate specific 
surveillance frequency requirements to a licensee controlled program 
using a risk-informed justification.
    Basis for proposed no significant hazards consideration 
determination: As required by Title 10 of the Code of Federal 
Regulations (10 CFR) 50.91(a), the licensee has provided its analysis 
of the issue of no significant hazards consideration, which is 
presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of any accident previously 
evaluated?
    Response: No.
    The proposed change relocates the specified frequencies for 
periodic surveillance requirements to licensee control under a new 
Surveillance Frequency Control Program. Surveillance frequencies are 
not an initiator to any accident previously evaluated. As a result, 
the probability of any accident previously evaluated is not 
significantly increased. The systems and components required by the 
Technical Specifications for which the surveillance frequencies are 
relocated are still required to be operable, meet the acceptance 
criteria for the surveillance requirements, and be capable of 
performing any mitigation function assumed in the accident analysis. 
As a result, the consequences of any accident previously evaluated 
are not significantly increased.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed create the possibility of a new or 
different kind of accident from any previously evaluated?
    Response: No.
    No new or different accidents result from utilizing the proposed 
change. The changes do not involve a physical alteration of the 
plant (i.e., no new or different type of equipment will be 
installed) or a change in the methods governing normal plant 
operation. In addition, the changes do not impose any new or 
different requirements. The changes do not alter assumptions made in 
the safety analysis. The proposed changes are consistent with the 
safety analysis assumptions and current plant operating practice.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    The design, operation, testing methods, and acceptance criteria 
for systems, structures, and components (SSCs), specified in 
applicable codes and standards (or alternatives approved for use by 
the NRC) will continue to be met as described in the plant licensing 
basis (including the Updated Final Safety Analysis Report and Bases 
to the Technical Specifications), since these are not affected by 
changes to the surveillance frequencies. Similarly, there is no 
impact to safety analysis acceptance criteria as described in the 
plant licensing basis. To evaluate a change in the relocated 
surveillance frequency, Duke Energy will perform a probabilistic 
risk evaluation using the guidance contained in NRC-approved NEI 04-
10, Revision 1 in accordance with the TS (surveillance frequency 
control program) SFCP. NEI 04-10, Revision 1, methodology provides 
reasonable acceptance guidelines and methods for evaluating the risk 
increase of proposed changes to surveillance frequencies consistent 
with Regulatory Guide 1.177.
    Therefore, the proposed changes do 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.
    Attorney for licensee: Lara S. Nichols, Associate General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC 
28202.
    NRC Branch Chief: Gloria Kulesa.

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit No. 1, Washington County, Nebraska

    Date of amendment request: July 26, 2010.
    Description of amendment request: The proposed amendment would 
approve the Fort Calhoun Station, Unit

[[Page 70036]]

1 cyber security plan and associated implementation schedule, and 
revise the physical protect license condition to require the licensee 
to fully implement and maintain in effect all provisions of the NRC-
approved Cyber Security Plan. The proposed change is consistent with 
Nuclear Energy Institute (NEI) 08-09, Revision 6, ``Cyber Security Plan 
for Nuclear Power Reactors.''
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response:
    No.
    The proposed amendment incorporates a new requirement in the 
Facility Operating License to implement and maintain a Cyber 
Security Plan as part of the facility's overall program for physical 
protection. Inclusion of the Cyber Security Plan in the Facility 
Operating License (FOL) itself does not involve any modifications to 
the safety-related structures, systems or components (SSCs). Rather, 
the Cyber Security Plan describes how the requirements of 10 CFR 
73.54 are to be implemented to identify, evaluate, and mitigate 
cyber attacks up to and including the design basis cyber attack 
threat, thereby achieving high assurance that the facility's digital 
computer and communications systems and networks are protected from 
cyber attacks. The implementation and incorporation of the Cyber 
Security Plan into the FOL will not alter previously evaluated 
Updated Safety Analysis Report (USAR) design basis accident analysis 
assumptions, add any accident initiators, or affect the function of 
the plant safety-related SSCs as to how they are operated, 
maintained, modified, tested, or inspected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    No.
    The proposed amendment provides assurance that safety-related 
SSCs are protected from cyber attacks. Implementation of 10 CFR 
73.54 and inclusion of the Cyber Security Plan in the FOL do not 
result in the need for any new or different USAR design basis 
accident analysis. It does not introduce new equipment that could 
create a new or different kind of accident, and no new equipment 
failure modes are created. As a result, no new accident scenarios, 
failure mechanisms, or limiting single failures are introduced as a 
result of the proposed amendment.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident than those 
previously evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    No.
    The margin of safety is associated with the confidence in the 
ability of the fission product barriers (i.e., fuel cladding, 
reactor coolant pressure boundary, and containment structure) to 
limit the level of radiation to the public. The proposed amendment 
would not alter the way any safety-related SSC functions and would 
not alter the way the plant is operated. The amendment provides 
assurance that safety related SSCs are protected from cyber attacks. 
The proposed amendment would not introduce any new uncertainties or 
change any existing uncertainties associated with any safety limit. 
The proposed amendment would have no impact on the structural 
integrity of the fuel cladding, reactor coolant pressure boundary, 
or containment structure. Based on the above considerations, the 
proposed amendment would not degrade confidence in the ability of 
the fission product barriers to limit the level of radiation to the 
public.
    Therefore, the proposed amendment does 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.
    Attorney for licensee: David A. Repka, Esq., Winston & Strawn, 1700 
K Street, NW., Washington, DC 20006-3817.
    NRC Branch Chief: Michael T. Markley.

Notice of Issuance of Amendments to Facility Operating Licenses

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application complies 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended (the Act), and the Commission's rules and regulations. The 
Commission has made appropriate findings as required by the Act and the 
Commission's rules and regulations in 10 CFR chapter I, which are set 
forth in the license amendment.
    Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for A Hearing in connection with these 
actions was published in the Federal Register as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.22(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
applications for amendment, (2) the amendment, and (3) the Commission's 
related letter, Safety Evaluation and/or Environmental Assessment as 
indicated. All of these items are available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area 01F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible from 
the Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS 
or if there are problems in accessing the documents located in ADAMS, 
contact the PDR Reference staff at 1 800-397-4209, 301-415-4737 or by 
e-mail to pdr.resource@nrc.gov.

Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County, 
Michigan

    Date of application for amendment: June 10, 2009, supplemented by 
letters dated September 16, 2009, July 23, 2010, and October 4, 2010.
    Brief description of amendment: The amendment revises Table 
3.3.8.1-1 to add a new time delay logic associated with Function 2 for 
degraded voltage concurrent with a loss-of-coolant accident to address 
issues discussed in NRC Inspection Report 05000341/2008008, dated June 
20, 2008. The amendment also revises the maximum and minimum allowable 
values for the 4160 V emergency bus undervoltage for Surveillance 
Requirements 3.8.1.2, 3.8.1.7, 3.8.1.10, 3.8.1.11, 3.8.1.14, and 
3.8.1.17.
    Date of issuance: October 20, 2010.
    Effective date: As of the date of issuance and shall be implemented 
upon completion of fourteenth refueling outage.
    Amendment No.: 183.
    Facility Operating License No. NPF-43: Amendment revised the 
Technical Specifications and License.

[[Page 70037]]

    Date of initial notice in Federal Register: August 11, 2009 (74 FR 
40235). Supplemental information submitted on July 23, 2010, expanded 
the scope of application and was described in a revised notice 
published on August 10, 2010 (75 FR 48373). Supplemental information 
submitted on October 4, 2010, did not further change the proposed no 
significant hazards consideration determination as published on August 
10, 2010.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated October 20, 2010.
    No significant hazards consideration comments received: No.

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of application for amendment: February 8, 2010, as 
supplemented by letter dated August 17, 2010.
    Brief description of amendment: The amendment modified Technical 
Specification (TS) requirements related to TS 3.1.3, ``Control Rod 
OPERABILITY,'' and TS 3.1.5, ``Control Rod Scram Accumulators,'' to be 
consistent with NUREG-1433, ``Standard Technical Specifications General 
Electric Plants, BWR/4.'' The amendment also corrects certain 
typographical errors.
    Date of issuance: October 25, 2010.
    Effective date: As of its date of issuance and shall be implemented 
within 90 days from the date of issuance.
    Amendment No.: 216.
    Facility Operating License No. NPF-21: The amendment revised the 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: April 6, 2010 (75 FR 
17442). The supplemental letter dated August 17, 2010, provided 
additional information that clarified the application, did not expand 
the scope of the application as originally noticed, and did not change 
the staff's original proposed no significant hazards consideration 
determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated October 25, 2010.
    No significant hazards consideration comments received: No.

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of application for amendment: April 28, 2010, as supplemented 
by letter dated August 9, 2010.
    Brief description of amendment: The amendment revised the Final 
Safety Analysis Report to support U.S. Department of Energy non-
intrusive surveillance and characterization activities within the 618-
11 High-Level Waste Burial Ground.
    Date of issuance: October 25, 2010.
    Effective date: As of its date of issuance and shall be implemented 
within 60 days from the date of issuance.
    Amendment No.: 217.
    Facility Operating License No. NPF-21: The amendment revised the 
Facility Operating License.
    Date of initial notice in Federal Register: June 29, 2010 (75 FR 
37473). The supplemental letter dated August 9, 2010, provided 
additional information that clarified the application, did not expand 
the scope of the application as originally noticed, and did not change 
the staff's original proposed no significant hazards consideration 
determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated October 25, 2010.
    No significant hazards consideration comments received: No.

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of application for amendment: April 28, 2010, as supplemented 
by letter dated August 9, 2010.
    Brief description of amendment: The proposed change revised the 
Emergency Plan to address U.S. Department of Energy non-intrusive 
surveillance and characterization activities within the 618-11 Waste 
Burial Ground.
    Date of issuance: November 3, 2010.
    Effective date: As of its date of issuance and shall be implemented 
within 60 days from the date of issuance.
    Amendment No.: 218.
    Facility Operating License No. NPF-21: The amendment revised the 
Facility Operating License and the Emergency Plan.
    Date of initial notice in Federal Register: June 29, 2010 (75 FR 
37473). The supplemental letter dated August 9, 2010, provided 
additional information that clarified the application, did not expand 
the scope of the application as originally noticed, and did not change 
the staff's original proposed no significant hazards consideration 
determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated November 3, 2010.
    No significant hazards consideration comments received: No.

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of application for amendment: March 31, 2010.
    Brief description of amendment: The amendment revised the Technical 
Specifications (TSs) to add a channel check surveillance requirement to 
TS 3.3.6.1, ``Primary Containment Isolation Instrumentation,'' for the 
reactor pressure vessel low water level isolation signal to the primary 
containment isolation valves.
    Date of issuance: November 3, 2010.
    Effective date: As of its date of issuance and shall be implemented 
prior to entry into Mode 2 during restart from Refueling Outage R-20, 
currently scheduled for spring 2011.
    Amendment No.: 219.
    Facility Operating License No. NPF-21: The amendment revised the 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: June 1, 2010 (75 FR 
30445).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated November 3, 2010.
    No significant hazards consideration comments received: No.

Entergy Gulf States Louisiana, LLC, and Entergy Operations, Inc., 
Docket No. 50-458, River Bend Station, Unit 1, West Feliciana Parish, 
Louisiana

    Date of amendment request: January 28, 2010.
    Brief description of amendment: The amendment revised Section 
13.3.4.2.2.4, ``Plant Systems Engineering, Repair, and Corrective 
Actions,'' and Table 13.3-17, ``Shift Staffing and Augmentation 
Capabilities,'' of the River Bend Station (RBS) Emergency Plan. The 
revision will allow two maintenance positions on shift to be filled 
with any combination of the three maintenance craft disciplines. 
Currently, Table 13.3-17 of the Emergency Plan only allows electrical 
or instrumentation and control technicians to fill these two positions.
    Date of issuance: October 21, 2010.
    Effective date: As of the date of issuance and shall be implemented 
90 days from the date of issuance.

[[Page 70038]]

    Amendment No.: 169.
    Facility Operating License No. NPF-47: The amendment revised the 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: April 6, 2010 (75 FR 
17442).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated October 21, 2010.
    No significant hazards consideration comments received: No.

Luminant Generation Company LLC, Docket Nos. 50-445 and 50-446, 
Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, Somervell County, 
Texas

    Date of amendment request: October 26, 2009, as supplemented by 
letter dated May 4, 2010.
    Brief description of amendments: The amendments revised Technical 
Specification (TS) 3.8.1 entitled ``AC [Alternating Current] Sources--
Operating,'' to extend, on a one-time basis, the allowable Completion 
Time of Required Action A.3 for one offsite circuit inoperable, from 72 
hours to 14 days. This change is only applicable to startup transformer 
(ST) XST2 and will expire on March 1, 2011. This change is needed to 
allow sufficient time to make final terminations as part of a plant 
modification to facilitate connection of either ST XST2 or the spare ST 
to the Class 1E buses.
    Date of issuance: October 29, 2010.
    Effective date: As of the date of issuance and shall be implemented 
within 120 days from the date of issuance.
    Amendment Nos.: Unit 1-152; Unit 2-152.
    Facility Operating License Nos. NPF-87 and NPF-89: The amendments 
revised the Facility Operating Licenses and Technical Specifications.
    Date of initial notice in Federal Register: January 26, 2010 (75 FR 
4117). The supplemental letter dated May 4, 2010, provided additional 
information that clarified the application, did not expand the scope of 
the application as originally noticed, and did not change the staff's 
original proposed no significant hazards consideration determination as 
published in the Federal Register.
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated October 29, 2010.
    No significant hazards consideration comments received: No.

Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296, 
Browns Ferry Nuclear Plant, Units 1, 2, and 3, Limestone County, 
Alabama

    Date of application for amendment: October 20, 2009.
    Brief description of amendment: The amendments delete paragraph d 
of Technical Specification (TS) 5.2.2, ``Unit Staff,'' to eliminate 
working-hour restrictions in the TS, as similar requirements are 
sufficiently imposed by Title 10 of the Code of Federal Regulations (10 
CFR), Part 26, Subpart I.
    Date of issuance: October 29, 2010.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days.
    Amendment Nos.: 278, 305, and 264.
    Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR-68: 
Amendment revised the License and TSs.
    Date of initial notice in Federal Register: December 1, 2009 (74 FR 
62836).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated October 29, 2010.
    No significant hazards consideration comments received: Nos. 278, 
305, and 264.

Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339, 
North Anna Power Station, Units 1 and 2, Louisa County, Virginia

    Date of application for amendment: September 28, 2009, as 
supplemented by letters dated April 8, and May 10, 2010.
    Brief description of amendment: The amendments revised the 
Technical Specifications (TSs) by adding new Conditions B and C with 
associated Action Statements and Completion Times to TS 3.7.12 and 
modifying Conditions A and D. The changes specifically addressed the 
filtration function of the Emergency Core Cooling System (ECCS) Pump 
Room Exhaust Air Cleanup System (PREACS).
    Date of issuance: November 1, 2010.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days from the date of issuance.
    Amendment Nos.: 260 and 241.
    Renewed Facility Operating License Nos. NPF-4 and NPF-7: Amendments 
changed the licenses and the TSs.
    Date of initial notice in Federal Register: December 1, 2009 (74 FR 
62838).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated November 1, 2010. The supplemental letters 
provided additional information that clarified the application, did not 
expand the scope of the application as originally noticed, and did not 
change the staff's original proposed no significant hazard 
consideration determination.
    No significant hazards consideration comments received: No.

Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek 
Generating Station, Coffey County, Kansas

    Date of amendment request: January 28, 2010.
    Brief description of amendment: The amendment revised the Limiting 
Condition for Operation (LCO) of Technical Specification 3.6.3, 
``Containment Isolation Valves,'' for Wolf Creek Generating Station. A 
note has been added to LCO 3.6.3 to allow the reactor coolant pump seal 
injection valves to be considered OPERABLE with the valves open and 
power removed.
    Date of issuance: November 3, 2010.
    Effective date: As the date of issuance and will be implemented 
within 90 days of the date of issuance.
    Amendment No.: 190.
    Renewed Facility Operating License No. NPF-42. The amendment 
revised the Operating License and Technical Specifications.
    Date of initial notice in Federal Register: March 23, 2010 (75 FR 
13792).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated November 3, 2010.
    No significant hazards consideration comments received: No.

Notice of Issuance of Amendments To Facility Operating Licenses and 
Final Determination of No Significant Hazards Consideration and 
Opportunity For a Hearing (Exigent Public Announcement or Emergency 
Circumstances)

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application for the 
amendment complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR Chapter I,

[[Page 70039]]

which are set forth in the license amendment.
    Because of exigent or emergency circumstances associated with the 
date the amendment was needed, there was not time for the Commission to 
publish, for public comment before issuance, its usual Notice of 
Consideration of Issuance of Amendment, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing.
    For exigent circumstances, the Commission has either issued a 
Federal Register notice providing opportunity for public comment or has 
used local media to provide notice to the public in the area 
surrounding a licensee's facility of the licensee's application and of 
the Commission's proposed determination of no significant hazards 
consideration. The Commission has provided a reasonable opportunity for 
the public to comment, using its best efforts to make available to the 
public means of communication for the public to respond quickly, and in 
the case of telephone comments, the comments have been recorded or 
transcribed as appropriate and the licensee has been informed of the 
public comments.
    In circumstances where failure to act in a timely way would have 
resulted, for example, in derating or shutdown of a nuclear power plant 
or in prevention of either resumption of operation or of increase in 
power output up to the plant's licensed power level, the Commission may 
not have had an opportunity to provide for public comment on its no 
significant hazards consideration determination. In such case, the 
license amendment has been issued without opportunity for comment. If 
there has been some time for public comment but less than 30 days, the 
Commission may provide an opportunity for public comment. If comments 
have been requested, it is so stated. In either event, the State has 
been consulted by telephone whenever possible.
    Under its regulations, the Commission may issue and make an 
amendment immediately effective, notwithstanding the pendency before it 
of a request for a hearing from any person, in advance of the holding 
and completion of any required hearing, where it has determined that no 
significant hazards consideration is involved.
    The Commission has applied the standards of 10 CFR 50.92 and has 
made a final determination that the amendment involves no significant 
hazards consideration. The basis for this determination is contained in 
the documents related to this action. Accordingly, the amendments have 
been issued and made effective as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.12(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
application for amendment, (2) the amendment to Facility Operating 
License, and (3) the Commission's related letter, Safety Evaluation 
and/or Environmental Assessment, as indicated. All of these items are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, Public File Area 01F21, 
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly 
available records will be accessible from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the PDR Reference 
staff at 1 (800) 397-4209, (301) 415-4737 or by e-mail to 
pdr.resource@nrc.gov.
    The Commission is also offering an opportunity for a hearing with 
respect to the issuance of the amendment. 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 01F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland, and electronically on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are 
problems in accessing the document, contact the PDR Reference staff at 
1 (800) 397-4209, (301) 415-4737, or by e-mail to pdr.resource@nrc.gov. 
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 
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.\1\ 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

[[Page 70040]]

these requirements with respect to at least one contention will not be 
permitted to participate as a party.
---------------------------------------------------------------------------

    \1\ To the extent that the applications contain attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel and discuss the need for a 
protective order.
---------------------------------------------------------------------------

    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns/issues relating to technical and/
or health and safety matters discussed or referenced in the 
applications.
    2. Environmental--primarily concerns/issues relating to matters 
discussed or referenced in the environmental analysis for the 
applications.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more petitioners/requestors 
seek to co-sponsor a contention, the petitioners/requestors shall 
jointly designate a representative who shall have the authority to act 
for the petitioners/requestors with respect to that contention. If a 
requestor/petitioner seeks to adopt the contention of another 
sponsoring requestor/petitioner, the requestor/petitioner who seeks to 
adopt the contention must either agree that the sponsoring requestor/
petitioner shall act as the representative with respect to that 
contention, or jointly designate with the sponsoring requestor/
petitioner a representative who shall have the authority to act for the 
petitioners/requestors with respect to that contention.
    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. Since the Commission has made a final determination that the 
amendment involves no significant hazards consideration, if a hearing 
is requested, it will not stay the effectiveness of the amendment. Any 
hearing held would take place while the amendment is in effect.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant

[[Page 70041]]

or party to use E-Filing if the presiding officer subsequently 
determines that the reason for granting the exemption from use of E-
Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.

Northern States Power Company--Minnesota, Docket No. 50-282, Prairie 
Island Nuclear Generating Plant (PINGP), Unit 1, Goodhue County, 
Minnesota

    Date of amendment request: October 14, 2010, as supplemented by 
letters dated October 16, October 17, October 18 and October 20, 2010.
    Description of amendment request: This amendment revises the 
Technical Specifications Surveillance Requirement (SR) 3.8.1.10(c), by 
allowing the PINGP Unit 1 12 Battery Charger to not be energized during 
the safety injection testing of emergency diesel generator D2, until a 
modification is completed during the Unit 1 2011 refueling outage. 
Prior to start up from the 2011 refueling outage, the 12 Battery 
Charger will be tested in accordance with SR 3.8.1.10(c).
    Date of issuance: October 22, 2010.
    Effective date: As of the date of issuance and shall be implemented 
immediately.
    Amendment No.: 198.
    Facility Operating License No. DPR-42: Amendment revises the 
Technical Specifications
    Public comments requested as to proposed no significant hazards 
consideration (NSHC): Yes. Public notice of the proposed amendment was 
published in the Red Wing Republican Eagle newspaper, located in Red 
Wing, Goodhue County, Minnesota, and the Minneapolis Star Tribune 
newspaper, located in Minneapolis, Minnesota, on October 20, 2010. The 
notice provided an opportunity to submit comments on the Commission's 
proposed NSHC determination. No comments have been received.