Kewaunee Power Station; Application for Amendment to Facility Operating License, 9745-9746 [2013-03037]
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
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It should be noted that NUREG–1022,
Revision 2, Section 5.1.8, ‘‘10 CFR Part
21 Reports,’’ has been deleted because
the NRC staff is currently evaluating the
need for potential rulemaking associated
with 10 CFR part 21 reports. The current
NRC requirements and staff positions
have not changed (i.e., stakeholders can
use positions found in the 10 CFR Part
21 FRN and NUREG–1022, Revision 2,
while the NRC determines the course of
action associated with 10 CFR Part 21).
NUREG–1022, Revision 3, will
become effective July 1, 2013. The
reportability of newly discovered events
or conditions (whether on-going or that
may have occurred within 3 years prior
to discovery) on or after the effective
date will be evaluated by the staff using
the guidance in NUREG–1022, Revision
3.
Backfitting and Issue Finality
The NRC has determined that the
Backfit Rule, 10 CFR 50.109,
‘‘Backfitting,’’ does not apply to the
issuance of the revised guidance in
NUREG–1022, Revision 3. The revised
guidance in NUREG–1022, Revision 3,
addresses compliance with the
information collection and reporting
requirements in 10 CFR 50.72 and 10
CFR 50.73. The Backfit Rule does not
apply to information collection and
reporting requirements. Therefore, the
NRC has not prepared a backfit analysis
for the issuance of Revision 3 to
NUREG–1022.
In addition, the NRC has determined
that issuance of the revised guidance in
NUREG–1022, Revision 3, is not
inconsistent with any of the issue
finality provisions in 10 CFR Part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ Those issue
finality provisions do not apply to
information collection and reporting
obligations imposed on operators of
nuclear power plants. In addition, the
issue finality provisions in 10 CFR Part
52 do not apply to prospective
applicants. As of the issuance of this
revised guidance, there are no holders of
combined licenses under 10 CFR part 52
that are currently protected by 10 CFR
Part 52 issue finality provisions relevant
to operation (i.e., the period after the
Commission has made the finding under
10 CFR 52.103(g)). Therefore, the NRC is
not precluded from issuing NUREG–
1022, Revision 3, by any of the 10 CFR
Part 52 issue finality provisions.
Regulatory Analysis
The NRC performs regulatory analyses
to support many NRC actions that affect
nuclear power reactor and nonpower
reactor licensees. The regulatory
analysis process is intended to be an
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integral part of the NRC’s
decisionmaking that systematically
provides complete disclosure of the
relevant information supporting a
regulatory decision. The NUREG/BR–
0058, Revision 4, ‘‘Regulatory Analysis
Guidelines of the U.S. Nuclear
Regulatory Commission,’’ issued
September 2004 (ADAMS Accession No.
ML042820192) sets forth the NRC’s
policy for the preparation and the
contents of regulatory analyses. As
discussed in Section 2.2 of NUREG/BR–
0058, Revision 4, mechanisms used by
the NRC staff to establish or
communicate generic requirements,
guidance, requests, or staff positions
that would affect a change in the use of
resources by its licensees should
include an accompanying regulatory
analysis. Some changes found in
NUREG–1022, Revision 3, can be
construed as offering new positions or
possibly affecting licensee resources. As
a result, the staff determined that it
should perform a regulatory analysis in
order to provide complete disclosure of
the relevant information supporting
decisions associated with changes found
in NUREG–1022, Revision 3. The final
regulatory analysis can be found in
ADAMS under Accession No.
ML12216A186. Some of the comments
contained within the fourteen comment
submissions were comments pertaining
to the Draft Regulatory Analysis
(ADAMS Accession No. ML11116A168)
that was issued along with the Draft
NUREG–1022, Revision 3. A summary
of the major/key comments and how the
NRC addressed those comments in the
final version of the regulatory analysis,
is as follows:
• The draft regulatory analysis is
inadequate in that no discussion on the
deletion of 10 CFR part 21 guidance was
presented. Upon further review, the
NRC disagrees. A regulatory analysis on
removal of 10 CFR Part 21 discussions
is not required since, as indicated in
this Federal Register notice, the current
NRC requirements and staff positions
have not changed.
• The draft regulatory analysis is
inadequate in that there are no specific
discussions on changes associated with
(1) ‘‘Events or Conditions That Could
Have Prevented Fulfillment of a Safety
Function’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Impact of Technical
Specification on reportability, and (2)
Reporting of Historical Events under 10
CFR 50.72(a)(1)(ii). The regulatory
analysis provides neither any analysis to
justify the changes nor does it attempt
to assess the potential impact(s) of the
changes. Upon further review, the NRC
disagrees. The NRC does not consider
the positions found in NUREG–1022,
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9745
Revision 3 to be changes in staff
position.
• The draft regulatory analysis on
‘‘Events or Conditions That Could Have
Prevented Fulfillment of a Safety
Function’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Systems within scope,
is inadequate in that the regulatory
analysis underestimates the impact of
the change on plant resources. Upon
further review, the NRC agrees. The
impact to stakeholders should now be
minimal as the final NUREG–1022,
Revision 3 position is revised to be
consistent with the positions found in
the Federal Register Notice associated
with the rule, Regulatory Issue
Summary 2001–14, and current
guidance found in NUREG–1022,
Revision 2. The regulatory analysis
provides a complete disclosure of the
relevant information supporting
decisions associated with changes found
in NUREG–1022, Revision 3.
Dated at Rockville, Maryland, this 5th day
of February 2013.
For the Nuclear Regulatory Commission.
Ho K. Nieh,
Director, Division of Inspections and Regional
Support, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013–03036 Filed 2–8–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–305; NRC–2013–0028]
Kewaunee Power Station; Application
for Amendment to Facility Operating
License
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal.
AGENCY:
Please refer to Docket ID
NRC–2013–0028 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0028. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
ADDRESSES:
E:\FR\FM\11FEN1.SGM
11FEN1
9746
Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
erowe on DSK2VPTVN1PROD with NOTICES
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Karl
Feintuch, Project Manager, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–3079; email: karl.feintuch@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC)
has granted the request of Dominion
Energy Kewaunee, LLC (DEK, the
licensee) to withdraw its July 30, 2012,
application (ADAMS Accession No.
ML12219A070) for proposed
amendment to Renewed Facility
Operating License No. DPR–43, for the
Kewaunee Power Station (KPS), located
in Wisconsin, Kewaunee County.
The proposed amendment would
have revised the facility technical
specifications pertaining to steam
generator tube inspections and reporting
as described in Technical Specification
Task Force (TSTF)–510, Revision 2,
‘‘Revision to Steam Generator Program
Inspection Frequencies and Tube
Sample Selection.’’
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14:26 Feb 08, 2013
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The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on October 16,
2012 (77 FR 63349). However, by letter
dated November 27, 2012, the licensee
withdrew the proposed change.
For further details with respect to this
action, see the application for
amendment dated July 30, 2012, and the
licensee’s letter dated November 27,
2012, which withdrew the application
for license amendment (ADAMS
Accession No. ML123380137).
Dated at Rockville, Maryland, this 31st day
of January 2013.
For the Nuclear Regulatory Commission.
Karl D. Feintuch,
Project Manager, Plant Licensing Branch III–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2013–03037 Filed 2–8–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Request To Amend a License To
Export Radioactive Waste
Pursuant to 10 CFR 110.70 (b) ‘‘Public
Notice of Receipt of an Application,’’
please take notice that the Nuclear
Regulatory Commission (NRC) has
received the following request for an
export license. Copies of the request are
available electronically through ADAMS
and can be accessed through the Public
Electronic Reading Room (PERR) link
https://www.nrc.gov/reading-rm.html at
the NRC Homepage.
A request for a hearing or petition for
leave to intervene may be filed within
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Sfmt 4703
thirty days after publication of this
notice in the Federal Register. Any
request for hearing or petition for leave
to intervene shall be served by the
requestor or petitioner upon the
applicant, the office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
and the Executive Secretary, U.S.
Department of State, Washington, DC
20520.
A request for a hearing or petition for
leave to intervene may be filed with the
NRC electronically in accordance with
NRC’s E-Filing rule promulgated in
August 2007, 72 FR 49139 (Aug. 28,
2007). Information about filing
electronically is available on the NRC’s
public Web site at https://www.rnc.gov/
site-help/e-submittals.html. To ensure
timely electronic filing, at least 5 (five)
days prior to the filing deadline, the
petitioner/requestor should contact the
Office of the Secretary by email at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request a
digital ID certificate and allow for the
creation of an electronic docket.
In addition to a request for hearing or
petition for leave to intervene, written
comments, in accordance with 10 CFR
110.81, should be submitted within
thirty (30) days after publication of this
notice in the Federal Register to Office
of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, Attention: Rulemaking and
Adjudications
The information concerning this
export license amendment application
follows.
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Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9745-9746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03037]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305; NRC-2013-0028]
Kewaunee Power Station; Application for Amendment to Facility
Operating License
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; withdrawal.
-----------------------------------------------------------------------
ADDRESSES: Please refer to Docket ID NRC-2013-0028 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and are publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0028. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search,
[[Page 9746]]
select ``ADAMS Public Documents'' and then select ``Begin Web-based
ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Karl Feintuch, Project Manager, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-3079; email:
karl.feintuch@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC)
has granted the request of Dominion Energy Kewaunee, LLC (DEK, the
licensee) to withdraw its July 30, 2012, application (ADAMS Accession
No. ML12219A070) for proposed amendment to Renewed Facility Operating
License No. DPR-43, for the Kewaunee Power Station (KPS), located in
Wisconsin, Kewaunee County.
The proposed amendment would have revised the facility technical
specifications pertaining to steam generator tube inspections and
reporting as described in Technical Specification Task Force (TSTF)-
510, Revision 2, ``Revision to Steam Generator Program Inspection
Frequencies and Tube Sample Selection.''
The Commission had previously issued a Notice of Consideration of
Issuance of Amendment published in the Federal Register on October 16,
2012 (77 FR 63349). However, by letter dated November 27, 2012, the
licensee withdrew the proposed change.
For further details with respect to this action, see the
application for amendment dated July 30, 2012, and the licensee's
letter dated November 27, 2012, which withdrew the application for
license amendment (ADAMS Accession No. ML123380137).
Dated at Rockville, Maryland, this 31st day of January 2013.
For the Nuclear Regulatory Commission.
Karl D. Feintuch,
Project Manager, Plant Licensing Branch III-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-03037 Filed 2-8-13; 8:45 am]
BILLING CODE 7590-01-P