South Carolina Electric And Gas Company (Virgil C. Summer Nuclear Station Units 2 and 3); Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately), 21815-21819 [2012-8669]
Download as PDF
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: March 26, 2012.
Antonio Dias,
Technical Advisor, Advisory Committee on
Reactor Safeguards.
[FR Doc. 2012–8666 Filed 4–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0089; Docket Nos. 52–027 and
52–028; License Nos. NPF–93 and NPF–94;
EA–12–063]
South Carolina Electric And Gas
Company (Virgil C. Summer Nuclear
Station Units 2 and 3); Order Modifying
Licenses with Regard to Reliable Spent
Fuel Pool Instrumentation (Effective
Immediately)
I
The Licensee identified in this Order
holds licenses issued by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) authorizing operation
and construction of nuclear power
plants in accordance with the Atomic
Energy Act of 1954, as amended, and
Title 10 of the Code of Federal
Regulations (10 CFR) Part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants.’’
wreier-aviles on DSK5TPTVN1PROD with NOTICES
II
On March 11, 2011, a magnitude 9.0
earthquake struck off the coast of the
Japanese island of Honshu. The
earthquake resulted in a large tsunami,
estimated to have exceeded 14 meters
(45 feet) in height, that inundated the
Fukushima Dai-ichi nuclear power plant
site. The earthquake and tsunami
produced widespread devastation across
northeastern Japan and significantly
affected the infrastructure and industry
in the northeastern coastal areas of
Japan.
When the earthquake occurred,
Fukushima Dai-ichi Units 1, 2, and 3
were in operation and Units 4, 5, and 6
were shut down for routine refueling
and maintenance activities. The Unit 4
reactor fuel was offloaded to the Unit 4
spent fuel pool. Following the
earthquake, the three operating units
automatically shut down and offsite
power was lost to the entire facility. The
emergency diesel generators (EDGs)
started at all six units providing
alternating current (ac) electrical power
to critical systems at each unit. The
facility response to the earthquake
appears to have been normal.
Approximately 40 minutes following
the earthquake and shutdown of the
VerDate Mar<15>2010
15:14 Apr 10, 2012
Jkt 226001
operating units, the first large tsunami
wave inundated the site, followed by
additional waves. The tsunami caused
extensive damage to site facilities and
resulted in a complete loss of all ac
electrical power at Units 1 through 5, a
condition known as station blackout. In
addition, all direct current electrical
power was lost early in the event on
Units 1 and 2 and after some period of
time at the other units. Unit 6 retained
the function of one air-cooled EDG.
Despite their actions, the operators lost
the ability to cool the fuel in the Unit
1 reactor after several hours, in the Unit
2 reactor after about 70 hours, and in the
Unit 3 reactor after about 36 hours,
resulting in damage to the nuclear fuel
shortly after the loss of cooling
capabilities.
The Unit 4 spent fuel pool contained
the highest heat load of the six units
with the full core present in the spent
fuel pool and the refueling gates
installed. However, because Unit 4 had
been shut down for more than 3 months,
the heat load was low relative to that
present in spent fuel pools immediately
following shutdown for reactor
refueling. Following the earthquake and
tsunami, the operators in the Units 3
and 4 control room focused their efforts
on stabilizing the Unit 3 reactor. During
the event, concern grew that the spent
fuel was overheating, causing a hightemperature reaction of steam and
zirconium fuel cladding generating
hydrogen gas. This concern persisted
primarily due to a lack of readily
available and reliable information on
water levels in the spent fuel pools.
Helicopter water drops, water cannons,
and cement delivery vehicles with
articulating booms were used to refill
the pools, which diverted resources and
attention from other efforts. Subsequent
analysis determined that the water level
in the Unit 4 spent fuel pool did not
drop below the top of the stored fuel
and no significant fuel damage
occurred. The lack of information on the
condition of the spent fuel pools
contributed to a poor understanding of
possible radiation releases and
adversely impacted effective
prioritization of emergency response
actions by decision makers.
Following the events at the
Fukushima Dai-ichi nuclear power
plant, the NRC established a senior-level
agency task force referred to as the NearTerm Task Force (NTTF). The NTTF
was tasked with conducting a
systematic and methodical review of the
NRC regulations and processes and
determining if the agency should make
additional improvements to these
programs in light of the events at
Fukushima Dai-ichi. As a result of this
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
21815
review, the NTTF developed a
comprehensive set of recommendations,
documented in SECY–11–0093, ‘‘NearTerm Report and Recommendations for
Agency Actions Following the Events in
Japan,’’ dated July 12, 2011. These
recommendations were modified by the
NRC staff following interactions with
stakeholders. Documentation of the NRC
staff’s efforts is contained in SECY–11–
0124, ‘‘Recommended Actions To Be
Taken Without Delay From the NearTerm Task Force Report,’’ dated
September 9, 2011, and SECY–11–0137,
‘‘Prioritization of Recommended
Actions To Be Taken in Response to
Fukushima Lessons Learned,’’ dated
October 3, 2011.
As directed by the Commission’s Staff
Requirements Memorandum (SRM) for
SECY–11–0093, the NRC staff reviewed
the NTTF recommendations within the
context of the NRC’s existing regulatory
framework and considered the various
regulatory vehicles available to the NRC
to implement the recommendations.
SECY–11–0124 and SECY–11–0137
established the NRC staff’s prioritization
of the recommendations based upon the
potential safety enhancements.
Current regulatory requirements and
existing plant capabilities allow the
NRC to conclude that a sequence of
events such as the Fukushima Dai-ichi
accident is unlikely to occur in the
United States. Therefore, continued
operation and continued licensing
activities do not pose an imminent
threat to public health and safety.
However, the NRC’s assessment of new
insights from the events at Fukushima
Dai-ichi leads the NRC staff to conclude
that additional requirements must be
imposed on Licensees and CP holders to
increase the capability of nuclear power
plants to mitigate beyond-design-basis
external events. These additional
requirements represent a substantial
increase in the protection of public
health and safety. The Commission has
decided to administratively exempt this
Order from applicable provisions of the
Backfit Rule, 10 CFR 50.109, and the
issue finality requirements in 10 CFR
52.63 and 10 CFR Part 52, Appendix D,
Paragraph VIII.
Additional details on an acceptable
approach for complying with this Order
will be contained in final interim staff
guidance (ISG) scheduled to be issued
by the NRC in August 2012. This
guidance will include a template to be
used for the plan that will be submitted
in accordance with Section IV,
Condition C.1 below.
III
Reasonable assurance of adequate
protection of public health and safety
E:\FR\FM\11APN1.SGM
11APN1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
21816
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices
and assurance of the common defense
and security are the fundamental NRC
regulatory objectives. Compliance with
NRC requirements plays a critical role
in giving the NRC confidence that
Licensees and CP holders are
maintaining an adequate level of public
health and safety and common defense
and security. While compliance with
NRC requirements presumptively
ensures adequate protection, new
information may reveal that additional
requirements are warranted. In such
situations, the Commission may act in
accordance with its statutory authority
under Section 161 of the Atomic Energy
Act of 1954, as amended, to require
Licensees and CP holders to take action
in order to protect health and safety and
common defense and security.
To protect public health and safety
from the inadvertent release of
radioactive materials, the NRC’s
defense-in-depth strategy includes
multiple layers of protection: (1)
Prevention of accidents by virtue of the
design, construction, and operation of
the plant; (2) mitigation features to
prevent radioactive releases should an
accident occur; and (3) emergency
preparedness programs that include
measures such as sheltering and
evacuation. The defense-in-depth
strategy also provides for multiple
physical barriers to contain the
radioactive materials in the event of an
accident. The barriers are the fuel
cladding, the reactor coolant pressure
boundary, and the containment. These
defense-in-depth features are embodied
in the existing regulatory requirements
and thereby provide adequate protection
of public health and safety.
In the case of spent fuel pools,
compliance with existing regulations
and guidance presumptively provides
reasonable assurance of the safe storage
of spent fuel. In particular, Appendix A,
‘‘General Design Criteria for Nuclear
Power Plants,’’ to 10 CFR Part 50
establishes the general design criteria
(GDC) for nuclear power plants. All
currently operating reactors were
licensed to the GDC or meet the intent
of the GDC. The GDC provide the design
features of the spent fuel storage and
handling systems and the protection of
these systems from natural phenomena
and operational events. The accidents
considered during licensing of U.S.
nuclear power plants typically include
failure of the forced cooling system and
loss of spent fuel pool inventory at a
specified rate within the capacity of the
makeup water system. Further, spent
fuel pools at U.S. nuclear power plants
rely on maintenance of an adequate
inventory of water under accident
conditions to provide containment, as
VerDate Mar<15>2010
15:14 Apr 10, 2012
Jkt 226001
well as the cooling and shielding safety
functions.
During the events in Fukushima,
responders were without reliable
instrumentation to determine water
level in the spent fuel pool. This caused
concerns that the pool may have boiled
dry, resulting in fuel damage.1
Fukushima demonstrated the confusion
and misapplication of resources that can
result from beyond-design-basis external
events when adequate instrumentation
is not available.
The spent fuel pool level
instrumentation at U.S. nuclear power
plants is typically narrow range and,
therefore, only capable of monitoring
normal and slightly off-normal
conditions. Although the likelihood of a
catastrophic event affecting nuclear
power plants and the associated spent
fuel pools in the United States remains
very low, beyond-design-basis external
events could challenge the ability of
existing instrumentation to provide
emergency responders with reliable
information on the condition of spent
fuel pools. Reliable and available
indication is essential to ensure plant
personnel can effectively prioritize
emergency actions.
The Commission has determined that
the spent fuel pool instrumentation
required by this Order represents a
significant enhancement to the
protection of public health and safety
and is an appropriate response to the
insights from the Fukushima Dai-ichi
accident. While this consideration is
qualitative in nature, the Commission
has long taken the position that the
determination as to whether proposed
backfits represent a substantial safety
improvement may be qualitative in
nature. Staff Requirements
Memorandum, SECY–93–086, ‘‘Backfit
Considerations’’ (June 30, 1993), pp. 1–
2. However the Commission does not, at
this time, have sufficient information to
complete a full backfit analysis of the
spent fuel pool instrumentation that
would be required by this Order. The
NRC is analyzing the insights gained
from the Fukushima Dai-ichi accident
on an accelerated timeline.
Additionally, the NRC has considered
the Congressional intent that the agency
act expeditiously on Tier 1
recommendations.
The Commission has recognized, in
exceptional circumstances, that some
proposed rules may not meet the
requirements specified in the Backfit
Rule but nevertheless should be adopted
1 See Institute of Nuclear Power Operations
(INPO) 11–005, ‘‘Special Report on the Nuclear
Accident at the Fukushima Daiichi Nuclear Power
Station,’’ Revision 0, issued November 2011, p. 36.
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
by the NRC. Hence, the Commission
advised the NRC staff that it would
consider, on a case-by-case basis,
whether a proposed regulatory action
should be adopted as an ‘‘exception’’ to
the Backfit Rule. This Order represents
such a case. Therefore, the Commission
has decided to administratively exempt
this Order from the Backfit Rule and the
issue finality requirements in 10 CFR
52.63 and 10 CFR Part 52, Appendix D,
paragraph VIII for several reasons.
The Fukushima Dai-ichi accident was
unprecedented in terms of initiating
cause and the particular failure
sequence. In addition, our review of this
event has highlighted the benefits that
can be derived from the availability of
more diverse instrumentation.
Consistent with the final Aircraft Impact
Assessment Rule, 10 CFR 50.150, 74 FR
28112 (June 12, 2009), the Commission’s
decision to administratively exempt this
Order from compliance with the Backfit
Rule is a highly exceptional action
limited to the insights associated with
the extraordinary underlying
circumstances of the Fukushima Daiichi accident and the NRC’s lessons
learned. Furthermore, the extensive
stakeholder engagement and broad
endorsement for timely action support
the Commission’s judgment that
immediate action to commence
implementation of the spent fuel
monitoring requirements is warranted at
this time. In addition, pursuant to 10
CFR 2.202, the NRC finds that the
public health, safety, and interest
require that this Order be made
immediately effective.
Based upon the considerations set
forth above, the Commission has
determined that the Licensee must have
a reliable means of remotely monitoring
wide-range spent fuel pool levels to
support effective prioritization of event
mitigation and recovery actions in the
event of a beyond-design-basis external
event. These new requirements provide
a greater capability, consistent with the
overall defense-in-depth philosophy,
and therefore greater assurance of
protection of public health and safety
from the challenges posed by beyonddesign-basis external events to power
reactors. Accordingly, the Commission
concludes that combined licenses
(COLs) NPF–93 and NPF–94 shall be
modified to include the requirements
identified in Attachment 1 to this Order.
IV
Accordingly, pursuant to Sections
161b, 161i, 161o, and 182 of the Atomic
Energy Act of 1954, as amended, and
the Commission’s regulations in 10 CFR
2.202, and 10 CFR Parts 50 and 52, It is
hereby ordered, effective immediately,
E:\FR\FM\11APN1.SGM
11APN1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices
That COLS NPF–93 AND NPF–94 are
modified as follows:
A. 1. The Licensee shall,
notwithstanding the provisions of any
Commission regulation or license to the
contrary, comply with the requirements
described in Attachment 1 to this Order
except to the extent that a more
stringent requirement is set forth in the
license. The Licensee shall promptly
start implementation of the
requirements in Attachment 1 to the
Order and shall complete full
implementation prior to initial fuel
load.
B. 1. The Licensee shall, within
twenty (20) days of the date of this
Order, notify the Commission (1) if it is
unable to comply with any of the
requirements described in Attachment
1, (2) if compliance with any of the
requirements is unnecessary in its
specific circumstances, or (3) if
implementation of any of the
requirements would cause the Licensee
to be in violation of the provisions of
any Commission regulation or the
facility license. The notification shall
provide the Licensee’s justification for
seeking relief from or variation of any
specific requirement.
2. If the Licensee considers that
implementation of any of the
requirements described in Attachment 1
to this Order would adversely impact
safe and secure operation of the facility,
it must notify the Commission, within
twenty (20) days of this Order, of the
adverse impact, the basis for its
determination that the requirement has
an adverse impact, and either a proposal
for achieving the same objectives
specified in the Attachment 1
requirement in question, or a schedule
for modifying the facility to address the
adverse condition. If neither approach is
appropriate, the Licensee must
supplement its response to Condition
B.1 of this Order to identify the
condition as a requirement with which
it cannot comply, with attendant
justifications as required in Condition
B.1.
C. 1. The Licensee shall, within one
(1) year after issuance of the final ISG,
submit to the Commission for review an
overall integrated plan, including a
description of how compliance with the
requirements described in Attachment 1
will be achieved.
2. The Licensee shall provide an
initial status report sixty (60) days after
the issuance of the final ISG, and at six
(6)-month intervals following submittal
of the overall integrated plan, as
required in Condition C.1, which
delineates progress made in
implementing the requirements of this
Order.
VerDate Mar<15>2010
15:14 Apr 10, 2012
Jkt 226001
3. The Licensee shall report to the
Commission when full compliance with
the requirements described in
Attachment 1 is achieved.
The Licensee’s responses to
Conditions B.1, B.2, C.1, C.2, and C.3,
above, shall be submitted in accordance
with 10 CFR 50.4 and 10 CFR 52.3, as
applicable.
The Director, Office of New Reactors
may, in writing, relax or rescind any of
the above conditions upon
demonstration by the Licensee of good
cause.
V
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
this Order. Where good cause is shown,
consideration will be given to extending
the time to answer or to request a
hearing. A request for extension of time
in which to submit an answer or request
a hearing must be made in writing to the
Director, Office of New Reactors, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. The answer may consent to
this Order.
If a hearing is requested by the
Licensee, or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of any hearings. If a hearing is
held, the issue to be considered at such
hearing shall be whether this Order
should be sustained. Pursuant to 10 CFR
2.202(c)(2)(i), the Licensee, or any other
person adversely affected by this Order,
may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
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
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
21817
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 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at (301) 415–1677, to request (1) a
digital identification (ID) certificate,
which allows the participant (or its
counsel or representative) to digitally
sign documents and access the ESubmittal 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 the
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 the
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 the Electronic
Information Exchange System, users
will be required to install a web browser
plug-in from the NRC’s 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
E:\FR\FM\11APN1.SGM
11APN1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
21818
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices
should be in Portable Document Format
(PDF) in accordance with the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/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 EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s 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 email at
MSHD.Resource@nrc.gov, or by a tollfree call at 1-(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
VerDate Mar<15>2010
15:14 Apr 10, 2012
Jkt 226001
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 the NRC’s
electronic hearing docket, which is
available to the public at https://
ehd1.nrc.gov/ehd/, 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.
If a person other than the Licensee
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Order and shall address the
criteria set forth in 10 CFR 2.309(d).
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section IV above shall be final twenty
(20) days from the date of this Order
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this order.
Dated this 30th day of March 2012.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of New Reactors.
Attachment 1—Requirements for
Reliable Spent Fuel Pool Level
Instrumentation at Combined License
Holder Reactor Sites
Attachment 2 to the March 12, 2012,
Order Modifying Licenses with Regard
to Reliable Spent Fuel Pool
Instrumentation (available at the NRC’s
Agencywide Documents Access and
Management System (ADAMS) under
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
ADAMS accession number
ML12054A679) for Part 50 Licensees,
requires reliable indication of the water
level in associated spent fuel storage
pools capable of supporting
identification of the following pool
water level conditions by trained
personnel: (1) Level that is adequate to
support operation of the normal fuel
pool cooling system, (2) level that is
adequate to provide substantial
radiation shielding for a person standing
on the spent fuel pool operating deck,
and (3) level where fuel remains
covered and actions to implement makeup water addition should no longer be
deferred.
The design bases of V.C. Summer
Units 2 and 3 address many of these
attributes of spent fuel pool level
instrumentation. The NRC staff
reviewed these design features prior to
issuance of the combined licenses for
these facilities and certification of the
AP1000 design referenced therein. The
AP1000 certified design largely
addresses the requirements in
Attachment 2 of the March 12, 2012
Order by providing two safety-related
spent fuel pool level instrument
channels. The instruments measure the
level from the top of the spent fuel pool
to the top of the fuel racks to address the
range requirements listed above. The
safety-related classification provides for
the following additional design features:
• Seismic and environmental
qualification of the instruments.
• Independent power supplies.
• Electrical isolation and physical
separation between instrument
channels.
• Display in the control room as part
of the post-accident monitoring
instrumentation.
• Routine calibration and testing.
As such, this Order requires V.C.
Summer Units 2 and 3 to address the
following requirements that were not
specified in the certified design.
1. The spent fuel pool level
instrumentation shall include the
following design features:
1.1 Arrangement: The spent fuel
pool level instrument channels shall be
arranged in a manner that provides
reasonable protection of the level
indication function against missiles that
may result from damage to the structure
over the spent fuel pool. This protection
may be provided by locating the safetyrelated instruments to maintain
instrument channel separation within
the spent fuel pool area, and to utilize
inherent shielding from missiles
provided by existing recesses and
corners in the spent fuel pool structure.
1.2 Qualification: The level
instrument channels shall be reliable at
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices
temperature, humidity, and radiation
levels consistent with the spent fuel
pool water at saturation conditions for
an extended period.
1.3 Power supplies: Instrumentation
channels shall provide for power
connections from sources independent
of the plant alternating current (ac) and
direct current (dc) power distribution
systems, such as portable generators or
replaceable batteries. Power supply
designs should provide for quick and
accessible connection of sources
independent of the plant ac and dc
power distribution systems. Onsite
generators used as an alternate power
source and replaceable batteries used for
instrument channel power shall have
sufficient capacity to maintain the level
indication function until offsite resource
availability is reasonably assured.
1.4 Accuracy: The instrument shall
maintain its designed accuracy
following a power interruption or
change in power source without
recalibration.
1.5 Display: The display shall
provide on-demand or continuous
indication of spent fuel pool water level.
2. The spent fuel pool
instrumentation shall be maintained
available and reliable through
appropriate development and
implementation of a training program.
Personnel shall be trained in the use
and the provision of alternate power to
the safety-related level instrument
channels.
[FR Doc. 2012–8669 Filed 4–10–12; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Board of Governors; Sunshine Act
Meeting
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Board Votes To Close March 30, 2012,
Meeting
By telephone vote on March 30, 2012,
members of the Board of Governors of
the United States Postal Service met and
voted unanimously to close to public
observation its meeting held in
Washington, DC, via teleconference. The
Board determined that no earlier public
notice was possible.
ITEMS CONSIDERED:
1. Strategic Issues.
2. Financial Matters.
GENERAL COUNSEL CERTIFICATION: The
General Counsel of the United States
Postal Service has certified that the
meeting was properly closed under the
Government in the Sunshine Act.
CONTACT PERSON FOR MORE INFORMATION:
Requests for information about the
meeting should be addressed to the
VerDate Mar<15>2010
15:14 Apr 10, 2012
Jkt 226001
Secretary of the Board, Julie S. Moore,
at (202) 268–4800.
Julie S. Moore,
Secretary.
[FR Doc. 2012–8868 Filed 4–9–12; 4:15 pm]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Rule 17g–2, SEC File No. 270–
564, OMB Control No. 3235–0628.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 17g–2 (17 CFR 240.17g–2) under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
Rule 17g–2, ‘‘Records to be made and
retained by nationally recognized
statistical rating organizations,’’
implements the Commission’s
recordkeeping rulemaking authority
under Section 17(a) of the Exchange
Act.1 The rule requires a Nationally
Recognized Statistical Rating
Organization (‘‘NRSRO’’) to make and
retain certain records relating to its
business and to retain certain other
business records, if such records are
made. The rule also prescribes the time
periods and manner in which all these
records must be retained. The
Commission estimates that the burden
associated with Rule 17g–2 is 2,987,
which includes one-time reporting
burdens for processing reports, and a
cost of $5,933, which includes a onetime cost for recordkeeping software.
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.
Background documentation for this
information collection may be viewed at
the following Web site, https://
www.reginfo.gov. Comments should be
1 15
PO 00000
U.S.C. 78q.
Frm 00099
Fmt 4703
Sfmt 4703
21819
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
Shagufta_Ahmed@omb.eop.gov; and (ii)
Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way,
Alexandria, VA 22312 or send an email
to: PRA_Mailbox@sec.gov. Comments
must be submitted to OMB within 30
days of this notice.
Dated: April 5, 2012.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–8715 Filed 4–10–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66742; File No. SR–OCC–
2012–05]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Relating to
Rescinding a Policy Interpretation
Affecting Certain Adjustments
April 5, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on March 26,
2012, The Options Clearing Corporation
(‘‘OCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change described in
Items I, II, and III below, which items
have been prepared primarily by OCC.
OCC filed the proposed rule change
pursuant to Section 19(b)(3)(A) 3 of the
Act and Rule 19b–4(f)(1) 4 thereunder.
I. Self-Regulatory Organization’s
Statement of Terms of Substance of the
Proposed Rule Change
The proposed rule change would
rescind a policy interpretation adopted
by the OCC Securities Committee
relating to the possible reclassification
of recurrent cash dividends for
adjustment purposes. A conforming
change would also be made to the
corresponding policy applicable to
security futures.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(1).
2 17
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Notices]
[Pages 21815-21819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8669]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0089; Docket Nos. 52-027 and 52-028; License Nos. NPF-93 and
NPF-94; EA-12-063]
South Carolina Electric And Gas Company (Virgil C. Summer Nuclear
Station Units 2 and 3); Order Modifying Licenses with Regard to
Reliable Spent Fuel Pool Instrumentation (Effective Immediately)
I
The Licensee identified in this Order holds licenses issued by the
U.S. Nuclear Regulatory Commission (NRC or Commission) authorizing
operation and construction of nuclear power plants in accordance with
the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of
Federal Regulations (10 CFR) Part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.''
II
On March 11, 2011, a magnitude 9.0 earthquake struck off the coast
of the Japanese island of Honshu. The earthquake resulted in a large
tsunami, estimated to have exceeded 14 meters (45 feet) in height, that
inundated the Fukushima Dai-ichi nuclear power plant site. The
earthquake and tsunami produced widespread devastation across
northeastern Japan and significantly affected the infrastructure and
industry in the northeastern coastal areas of Japan.
When the earthquake occurred, Fukushima Dai-ichi Units 1, 2, and 3
were in operation and Units 4, 5, and 6 were shut down for routine
refueling and maintenance activities. The Unit 4 reactor fuel was
offloaded to the Unit 4 spent fuel pool. Following the earthquake, the
three operating units automatically shut down and offsite power was
lost to the entire facility. The emergency diesel generators (EDGs)
started at all six units providing alternating current (ac) electrical
power to critical systems at each unit. The facility response to the
earthquake appears to have been normal.
Approximately 40 minutes following the earthquake and shutdown of
the operating units, the first large tsunami wave inundated the site,
followed by additional waves. The tsunami caused extensive damage to
site facilities and resulted in a complete loss of all ac electrical
power at Units 1 through 5, a condition known as station blackout. In
addition, all direct current electrical power was lost early in the
event on Units 1 and 2 and after some period of time at the other
units. Unit 6 retained the function of one air-cooled EDG. Despite
their actions, the operators lost the ability to cool the fuel in the
Unit 1 reactor after several hours, in the Unit 2 reactor after about
70 hours, and in the Unit 3 reactor after about 36 hours, resulting in
damage to the nuclear fuel shortly after the loss of cooling
capabilities.
The Unit 4 spent fuel pool contained the highest heat load of the
six units with the full core present in the spent fuel pool and the
refueling gates installed. However, because Unit 4 had been shut down
for more than 3 months, the heat load was low relative to that present
in spent fuel pools immediately following shutdown for reactor
refueling. Following the earthquake and tsunami, the operators in the
Units 3 and 4 control room focused their efforts on stabilizing the
Unit 3 reactor. During the event, concern grew that the spent fuel was
overheating, causing a high-temperature reaction of steam and zirconium
fuel cladding generating hydrogen gas. This concern persisted primarily
due to a lack of readily available and reliable information on water
levels in the spent fuel pools. Helicopter water drops, water cannons,
and cement delivery vehicles with articulating booms were used to
refill the pools, which diverted resources and attention from other
efforts. Subsequent analysis determined that the water level in the
Unit 4 spent fuel pool did not drop below the top of the stored fuel
and no significant fuel damage occurred. The lack of information on the
condition of the spent fuel pools contributed to a poor understanding
of possible radiation releases and adversely impacted effective
prioritization of emergency response actions by decision makers.
Following the events at the Fukushima Dai-ichi nuclear power plant,
the NRC established a senior-level agency task force referred to as the
Near-Term Task Force (NTTF). The NTTF was tasked with conducting a
systematic and methodical review of the NRC regulations and processes
and determining if the agency should make additional improvements to
these programs in light of the events at Fukushima Dai-ichi. As a
result of this review, the NTTF developed a comprehensive set of
recommendations, documented in SECY-11-0093, ``Near-Term Report and
Recommendations for Agency Actions Following the Events in Japan,''
dated July 12, 2011. These recommendations were modified by the NRC
staff following interactions with stakeholders. Documentation of the
NRC staff's efforts is contained in SECY-11-0124, ``Recommended Actions
To Be Taken Without Delay From the Near-Term Task Force Report,'' dated
September 9, 2011, and SECY-11-0137, ``Prioritization of Recommended
Actions To Be Taken in Response to Fukushima Lessons Learned,'' dated
October 3, 2011.
As directed by the Commission's Staff Requirements Memorandum (SRM)
for SECY-11-0093, the NRC staff reviewed the NTTF recommendations
within the context of the NRC's existing regulatory framework and
considered the various regulatory vehicles available to the NRC to
implement the recommendations. SECY-11-0124 and SECY-11-0137
established the NRC staff's prioritization of the recommendations based
upon the potential safety enhancements.
Current regulatory requirements and existing plant capabilities
allow the NRC to conclude that a sequence of events such as the
Fukushima Dai-ichi accident is unlikely to occur in the United States.
Therefore, continued operation and continued licensing activities do
not pose an imminent threat to public health and safety. However, the
NRC's assessment of new insights from the events at Fukushima Dai-ichi
leads the NRC staff to conclude that additional requirements must be
imposed on Licensees and CP holders to increase the capability of
nuclear power plants to mitigate beyond-design-basis external events.
These additional requirements represent a substantial increase in the
protection of public health and safety. The Commission has decided to
administratively exempt this Order from applicable provisions of the
Backfit Rule, 10 CFR 50.109, and the issue finality requirements in 10
CFR 52.63 and 10 CFR Part 52, Appendix D, Paragraph VIII.
Additional details on an acceptable approach for complying with
this Order will be contained in final interim staff guidance (ISG)
scheduled to be issued by the NRC in August 2012. This guidance will
include a template to be used for the plan that will be submitted in
accordance with Section IV, Condition C.1 below.
III
Reasonable assurance of adequate protection of public health and
safety
[[Page 21816]]
and assurance of the common defense and security are the fundamental
NRC regulatory objectives. Compliance with NRC requirements plays a
critical role in giving the NRC confidence that Licensees and CP
holders are maintaining an adequate level of public health and safety
and common defense and security. While compliance with NRC requirements
presumptively ensures adequate protection, new information may reveal
that additional requirements are warranted. In such situations, the
Commission may act in accordance with its statutory authority under
Section 161 of the Atomic Energy Act of 1954, as amended, to require
Licensees and CP holders to take action in order to protect health and
safety and common defense and security.
To protect public health and safety from the inadvertent release of
radioactive materials, the NRC's defense-in-depth strategy includes
multiple layers of protection: (1) Prevention of accidents by virtue of
the design, construction, and operation of the plant; (2) mitigation
features to prevent radioactive releases should an accident occur; and
(3) emergency preparedness programs that include measures such as
sheltering and evacuation. The defense-in-depth strategy also provides
for multiple physical barriers to contain the radioactive materials in
the event of an accident. The barriers are the fuel cladding, the
reactor coolant pressure boundary, and the containment. These defense-
in-depth features are embodied in the existing regulatory requirements
and thereby provide adequate protection of public health and safety.
In the case of spent fuel pools, compliance with existing
regulations and guidance presumptively provides reasonable assurance of
the safe storage of spent fuel. In particular, Appendix A, ``General
Design Criteria for Nuclear Power Plants,'' to 10 CFR Part 50
establishes the general design criteria (GDC) for nuclear power plants.
All currently operating reactors were licensed to the GDC or meet the
intent of the GDC. The GDC provide the design features of the spent
fuel storage and handling systems and the protection of these systems
from natural phenomena and operational events. The accidents considered
during licensing of U.S. nuclear power plants typically include failure
of the forced cooling system and loss of spent fuel pool inventory at a
specified rate within the capacity of the makeup water system. Further,
spent fuel pools at U.S. nuclear power plants rely on maintenance of an
adequate inventory of water under accident conditions to provide
containment, as well as the cooling and shielding safety functions.
During the events in Fukushima, responders were without reliable
instrumentation to determine water level in the spent fuel pool. This
caused concerns that the pool may have boiled dry, resulting in fuel
damage.\1\ Fukushima demonstrated the confusion and misapplication of
resources that can result from beyond-design-basis external events when
adequate instrumentation is not available.
---------------------------------------------------------------------------
\1\ See Institute of Nuclear Power Operations (INPO) 11-005,
``Special Report on the Nuclear Accident at the Fukushima Daiichi
Nuclear Power Station,'' Revision 0, issued November 2011, p. 36.
---------------------------------------------------------------------------
The spent fuel pool level instrumentation at U.S. nuclear power
plants is typically narrow range and, therefore, only capable of
monitoring normal and slightly off-normal conditions. Although the
likelihood of a catastrophic event affecting nuclear power plants and
the associated spent fuel pools in the United States remains very low,
beyond-design-basis external events could challenge the ability of
existing instrumentation to provide emergency responders with reliable
information on the condition of spent fuel pools. Reliable and
available indication is essential to ensure plant personnel can
effectively prioritize emergency actions.
The Commission has determined that the spent fuel pool
instrumentation required by this Order represents a significant
enhancement to the protection of public health and safety and is an
appropriate response to the insights from the Fukushima Dai-ichi
accident. While this consideration is qualitative in nature, the
Commission has long taken the position that the determination as to
whether proposed backfits represent a substantial safety improvement
may be qualitative in nature. Staff Requirements Memorandum, SECY-93-
086, ``Backfit Considerations'' (June 30, 1993), pp. 1-2. However the
Commission does not, at this time, have sufficient information to
complete a full backfit analysis of the spent fuel pool instrumentation
that would be required by this Order. The NRC is analyzing the insights
gained from the Fukushima Dai-ichi accident on an accelerated timeline.
Additionally, the NRC has considered the Congressional intent that the
agency act expeditiously on Tier 1 recommendations.
The Commission has recognized, in exceptional circumstances, that
some proposed rules may not meet the requirements specified in the
Backfit Rule but nevertheless should be adopted by the NRC. Hence, the
Commission advised the NRC staff that it would consider, on a case-by-
case basis, whether a proposed regulatory action should be adopted as
an ``exception'' to the Backfit Rule. This Order represents such a
case. Therefore, the Commission has decided to administratively exempt
this Order from the Backfit Rule and the issue finality requirements in
10 CFR 52.63 and 10 CFR Part 52, Appendix D, paragraph VIII for several
reasons.
The Fukushima Dai-ichi accident was unprecedented in terms of
initiating cause and the particular failure sequence. In addition, our
review of this event has highlighted the benefits that can be derived
from the availability of more diverse instrumentation. Consistent with
the final Aircraft Impact Assessment Rule, 10 CFR 50.150, 74 FR 28112
(June 12, 2009), the Commission's decision to administratively exempt
this Order from compliance with the Backfit Rule is a highly
exceptional action limited to the insights associated with the
extraordinary underlying circumstances of the Fukushima Dai-ichi
accident and the NRC's lessons learned. Furthermore, the extensive
stakeholder engagement and broad endorsement for timely action support
the Commission's judgment that immediate action to commence
implementation of the spent fuel monitoring requirements is warranted
at this time. In addition, pursuant to 10 CFR 2.202, the NRC finds that
the public health, safety, and interest require that this Order be made
immediately effective.
Based upon the considerations set forth above, the Commission has
determined that the Licensee must have a reliable means of remotely
monitoring wide-range spent fuel pool levels to support effective
prioritization of event mitigation and recovery actions in the event of
a beyond-design-basis external event. These new requirements provide a
greater capability, consistent with the overall defense-in-depth
philosophy, and therefore greater assurance of protection of public
health and safety from the challenges posed by beyond-design-basis
external events to power reactors. Accordingly, the Commission
concludes that combined licenses (COLs) NPF-93 and NPF-94 shall be
modified to include the requirements identified in Attachment 1 to this
Order.
IV
Accordingly, pursuant to Sections 161b, 161i, 161o, and 182 of the
Atomic Energy Act of 1954, as amended, and the Commission's regulations
in 10 CFR 2.202, and 10 CFR Parts 50 and 52, It is hereby ordered,
effective immediately,
[[Page 21817]]
That COLS NPF-93 AND NPF-94 are modified as follows:
A. 1. The Licensee shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment 1 to this Order except to the
extent that a more stringent requirement is set forth in the license.
The Licensee shall promptly start implementation of the requirements in
Attachment 1 to the Order and shall complete full implementation prior
to initial fuel load.
B. 1. The Licensee shall, within twenty (20) days of the date of
this Order, notify the Commission (1) if it is unable to comply with
any of the requirements described in Attachment 1, (2) if compliance
with any of the requirements is unnecessary in its specific
circumstances, or (3) if implementation of any of the requirements
would cause the Licensee to be in violation of the provisions of any
Commission regulation or the facility license. The notification shall
provide the Licensee's justification for seeking relief from or
variation of any specific requirement.
2. If the Licensee considers that implementation of any of the
requirements described in Attachment 1 to this Order would adversely
impact safe and secure operation of the facility, it must notify the
Commission, within twenty (20) days of this Order, of the adverse
impact, the basis for its determination that the requirement has an
adverse impact, and either a proposal for achieving the same objectives
specified in the Attachment 1 requirement in question, or a schedule
for modifying the facility to address the adverse condition. If neither
approach is appropriate, the Licensee must supplement its response to
Condition B.1 of this Order to identify the condition as a requirement
with which it cannot comply, with attendant justifications as required
in Condition B.1.
C. 1. The Licensee shall, within one (1) year after issuance of the
final ISG, submit to the Commission for review an overall integrated
plan, including a description of how compliance with the requirements
described in Attachment 1 will be achieved.
2. The Licensee shall provide an initial status report sixty (60)
days after the issuance of the final ISG, and at six (6)-month
intervals following submittal of the overall integrated plan, as
required in Condition C.1, which delineates progress made in
implementing the requirements of this Order.
3. The Licensee shall report to the Commission when full compliance
with the requirements described in Attachment 1 is achieved.
The Licensee's responses to Conditions B.1, B.2, C.1, C.2, and C.3,
above, shall be submitted in accordance with 10 CFR 50.4 and 10 CFR
52.3, as applicable.
The Director, Office of New Reactors may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
V
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within twenty (20) days
of the date of this Order. Where good cause is shown, consideration
will be given to extending the time to answer or to request a hearing.
A request for extension of time in which to submit an answer or request
a hearing must be made in writing to the Director, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and
include a statement of good cause for the extension. The answer may
consent to this Order.
If a hearing is requested by the Licensee, or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearings. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee,
or any other person adversely affected by this Order, may, in addition
to demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at (301) 415-1677, to request (1) a digital identification
(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 the 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 the 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 the Electronic Information Exchange System,
users will be required to install a web browser plug-in from the NRC's
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
[[Page 21818]]
should be in Portable Document Format (PDF) in accordance with the NRC
guidance available on the NRC's 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 email notice confirming receipt of the
document. The E-Filing system also distributes an email notice that
provides access to the document to the NRC's 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 email at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-(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 the
NRC's electronic hearing docket, which is available to the public at
https://ehd1.nrc.gov/ehd/, 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.
If a person other than the Licensee requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d).
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final twenty (20) days from the
date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in Section IV shall be final when the extension
expires if a hearing request has not been received. An answer or a
request for hearing shall not stay the immediate effectiveness of this
order.
Dated this 30th day of March 2012.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of New Reactors.
Attachment 1--Requirements for Reliable Spent Fuel Pool Level
Instrumentation at Combined License Holder Reactor Sites
Attachment 2 to the March 12, 2012, Order Modifying Licenses with
Regard to Reliable Spent Fuel Pool Instrumentation (available at the
NRC's Agencywide Documents Access and Management System (ADAMS) under
ADAMS accession number ML12054A679) for Part 50 Licensees, requires
reliable indication of the water level in associated spent fuel storage
pools capable of supporting identification of the following pool water
level conditions by trained personnel: (1) Level that is adequate to
support operation of the normal fuel pool cooling system, (2) level
that is adequate to provide substantial radiation shielding for a
person standing on the spent fuel pool operating deck, and (3) level
where fuel remains covered and actions to implement make-up water
addition should no longer be deferred.
The design bases of V.C. Summer Units 2 and 3 address many of these
attributes of spent fuel pool level instrumentation. The NRC staff
reviewed these design features prior to issuance of the combined
licenses for these facilities and certification of the AP1000 design
referenced therein. The AP1000 certified design largely addresses the
requirements in Attachment 2 of the March 12, 2012 Order by providing
two safety-related spent fuel pool level instrument channels. The
instruments measure the level from the top of the spent fuel pool to
the top of the fuel racks to address the range requirements listed
above. The safety-related classification provides for the following
additional design features:
Seismic and environmental qualification of the
instruments.
Independent power supplies.
Electrical isolation and physical separation between
instrument channels.
Display in the control room as part of the post-accident
monitoring instrumentation.
Routine calibration and testing.
As such, this Order requires V.C. Summer Units 2 and 3 to address
the following requirements that were not specified in the certified
design.
1. The spent fuel pool level instrumentation shall include the
following design features:
1.1 Arrangement: The spent fuel pool level instrument channels
shall be arranged in a manner that provides reasonable protection of
the level indication function against missiles that may result from
damage to the structure over the spent fuel pool. This protection may
be provided by locating the safety-related instruments to maintain
instrument channel separation within the spent fuel pool area, and to
utilize inherent shielding from missiles provided by existing recesses
and corners in the spent fuel pool structure.
1.2 Qualification: The level instrument channels shall be reliable
at
[[Page 21819]]
temperature, humidity, and radiation levels consistent with the spent
fuel pool water at saturation conditions for an extended period.
1.3 Power supplies: Instrumentation channels shall provide for
power connections from sources independent of the plant alternating
current (ac) and direct current (dc) power distribution systems, such
as portable generators or replaceable batteries. Power supply designs
should provide for quick and accessible connection of sources
independent of the plant ac and dc power distribution systems. Onsite
generators used as an alternate power source and replaceable batteries
used for instrument channel power shall have sufficient capacity to
maintain the level indication function until offsite resource
availability is reasonably assured.
1.4 Accuracy: The instrument shall maintain its designed accuracy
following a power interruption or change in power source without
recalibration.
1.5 Display: The display shall provide on-demand or continuous
indication of spent fuel pool water level.
2. The spent fuel pool instrumentation shall be maintained
available and reliable through appropriate development and
implementation of a training program. Personnel shall be trained in the
use and the provision of alternate power to the safety-related level
instrument channels.
[FR Doc. 2012-8669 Filed 4-10-12; 8:45 am]
BILLING CODE 7590-01-P