Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 70032-70041 [2010-28822]
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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
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SUMMARY:
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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
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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.
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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)
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whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the requestor/petitioner
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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
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(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
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
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system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
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
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reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, or the presiding
officer. Participants are requested not to
include personal privacy information,
such as social security numbers, home
addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice. Nontimely filings will not be entertained
absent a determination by the presiding
officer that the petition or request
should be granted or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
For further details with respect to this
license amendment application, see the
application for amendment 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, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff 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
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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,
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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.
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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
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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.
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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.
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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, https://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.
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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.
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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.
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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
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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.
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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.
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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
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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,
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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
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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, https://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, https://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
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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.
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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
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19:33 Nov 15, 2010
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accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at hearing.
docket@nrc.gov, or by telephone at 301–
415–1677, to request (1) a digital ID
certificate, which allows the participant
(or its counsel or representative) to
digitally sign documents and access the
E-Submittal server for any proceeding in
which it is participating; and (2) advise
the Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://www.
nrc.gov/site-help/e-submittals/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 https://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 https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
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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 https://
www.nrc.gov/site-help/e-submittals.
html, by e-mail at MSHD.Resource@nrc.
gov, or by a toll-free call at 866–672–
7640. The NRC Meta System Help Desk
is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
E:\FR\FM\16NON1.SGM
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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 https://ehd.nrc.
gov/EHD_Proceeding/home.asp, unless
excluded pursuant to an order of the
Commission, or the presiding officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
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—https://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: https://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
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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]
=======================================================================
-----------------------------------------------------------------------
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, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the 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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, or the presiding officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in their
filings, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
For further details with respect to this license amendment
application, see the application for amendment 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, https://www.nrc.gov/reading-rm/adams.html. Persons who do not have
access to ADAMS or who encounter problems in accessing the documents
located in ADAMS, should contact the NRC PDR Reference staff 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, https://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, https://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, https://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.
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\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.
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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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant
[[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
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, or the presiding officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in their
filings, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
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.