Tennessee Valley Authority, Browns Ferry Nuclear Plant, Unit 1; Applications and Amendments to Facility Operating Licenses Involving Proposed, No Significant Hazards Considerations, 52571-52574 [2013-20627]
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices
NUCLEAR REGULATORY
COMMISSION
I. Accessing Information and
Submitting Comments
[Docket No. 50–259; NRC–2013–0198]
A. Accessing Information
Please refer to Docket ID NRC–2013–
0198 when contacting the NRC about
the availability of information regarding
this document. You may access
publicly-available information related to
this action by the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0198.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
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. The application
for amendment, dated August 14, 2013,
is available electronically under
ADAMS Accession No. ML13227A103.
• 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.
Tennessee Valley Authority, Browns
Ferry Nuclear Plant, Unit 1;
Applications and Amendments to
Facility Operating Licenses Involving
Proposed, No Significant Hazards
Considerations
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to comment, request a
hearing and to petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Facility
Operating License No. DPR–33, issued
to Tennessee Valley Authority (TVA or
the licensee), for operation of the
Browns Ferry Nuclear Plant (BFN) Unit
1, located in Alabama, Limestone
County.
SUMMARY:
Comments must be filed by
September 6, 2013. A request for a
hearing must be filed by October 22,
2013.
DATES:
You may submit comment
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0198. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: 3WFN, 06–
44M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Siva
P. Lingam, Project Manager, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–1564; email: siva.lingam@
nrc.gov.
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ADDRESSES:
SUPPLEMENTARY INFORMATION:
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B. Submitting Comments
Please include Docket ID NRC–2013–
0198 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
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submissions available to the public or
entering the comment submissions into
ADAMS.
II. Further Information
The proposed amendment would
delete the Notes that cover the Reactor
Coolant System (RCS) Pressure and
Temperature (P/T) Limits curves on
Technical Specification (TS) 3.4.9, ‘‘RCS
Pressure and Temperatures (P/T)
Limits,’’ Figures 3.4.9–1 and 3.4.9–2
that are applicable from 12 Effective
Full Power Years (EFPY) to 16 EFFY
and allows usage of the figures up to 16
EFPY. The current Notes state, ‘‘Do Not
Use This Figure. This curve applies to
operations > 12 EFPY. For current
operation, use previous curve, which is
valid up to 12 EFPY.’’
There are two sets of P/T curves in the
BFN Unit 1 TS 3.4.9: One set for
operations up to 12 EFPY and another
set for operations greater than (>) 12
EFPY and less than or equal to (≤) 16
EFPY. However, the second set of P/T
curves (for operations > 12 EFPY and ≤
16 EFPY) includes Notes that state that
these curves cannot be used, and to use
the first set of P/T curves for operations
up to 12 EFPY. Therefore, the second set
of P/T curves that are applicable when
operations are > 12 EFPY cannot be
used until the Notes are removed. The
BFN Unit 1 operation is expected to
reach 12 EFPY on September 20, 2013.
Therefore, to utilize the correct and
previously approved P/T Limits curves
once the BFN Unit 1 operation has
reached 12 EFPY, this Note must be
removed from the > 12 EFPY and ≤ 16
EFPY TS Figures 3.4.9–1 and 3.4.9–2.
Once 12 EFPY is achieved, the BFN
Unit 1 will not be allowed to continue
operation in Mode 1 (i.e., critical
operation) and a unit shutdown will be
required unless the Notes are removed.
TVA determined that a license
amendment was necessary to remove
the Note from the figures. TVA further
concluded that in the absence of an
amendment to remove the Notes, a
shutdown of the BFN Unit 1 as early as
September 20, 2013, cannot be avoided.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
Pursuant to § 50.91(a)(6) of Title 10 of
the Code of Federal Regulations (10
CFR), for amendments to be granted
under exigent circumstances, the NRC
staff must determine that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in 10 CFR
50.92, this means that operation of the
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facility in accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of any accident previously
evaluated?
Response: No.
The proposed administrative change will
allow a set of TS figures, contained in a
previous NRC-approved license amendment,
to be used because the reactor fluence will
soon reach the point at which the figures are
applicable. The proposed administrative
change does not revise any previously
approved P/T limitations on plant operation.
The change is an administrative change
removing Notes that were placed on the
approved figures to preclude using the
figures until the fluence reached the
applicable values. Because the NRC has
previously approved the figures, the
proposed amendment does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed administrative change will
allow a set of TS figures, contained in a
previous NRC-approved license amendment,
to be used because the reactor fluence will
soon reach the point at which the figures are
applicable. The proposed administrative
change does not revise any previously
approved P/T limitations on plant operation.
The change is an administrative change
removing Notes that were placed on the
approved figures to preclude using the
figures until the fluence reached the
applicable value.
Therefore, the proposed amendment will
not create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed administrative change will
allow a set of TS figures, contained in a
previous NRC-approved license amendment,
to be used because the reactor fluence will
soon reach the point at which the figures are
applicable. The proposed administrative
change does not revise any previously
approved P/T limitations on plant operation.
The change is an administrative change
removing Notes that were placed on the
approved figures to preclude using the
figures until the fluence reached the
applicable value. In addition, the margin of
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safety change as a result of using these new
figures was previously evaluated when the
figures were originally approved. As such,
deleting the Notes has no effect on a margin
of safety.
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.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 14 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 the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendment involves no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days of this notice, any
person(s) whose interest may be affected
may file a request for hearing/petition to
intervene. As required by 10 CFR 2.309,
a petition for leave to intervene shall set
forth with particularity the interest of
the requestor/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
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any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The requestor/petitioner must
also provide references to those specific
sources and documents of which the
requestor/petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The requestor/petitioner must
provide 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, then any hearing held
would take place before the issuance of
any amendment.
IV. Electronic Submissions (E-Filing)
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
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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 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 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
NRC’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
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site. Further information on the Webbased 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’s 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
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 NRC’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’s public Web site at https://www.
nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by
a toll-free call to 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,
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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://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. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. 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 30 days from
August 23, 2013. Requests for hearing,
petitions for leave to intervene, and
motions for leave to file new or
amended contentions that are filed after
the 60-day deadline will not be
entertained absent a determination by
the presiding officer that the filing
demonstrates good cause by satisfying
the three factors in 10 CFR
2.309(c)(1)(i)–(iii).
For further details with respect to this
exigent license application, see the
application for amendment dated
August 14, 2013.
Attorney for licensee: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A,
Knoxville, Tennessee 37902.
Dated at Rockville, Maryland, this August
16, 2013.
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Notices
For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch 2–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2013–20627 Filed 8–22–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0184; Docket No. 70–0036]
Westinghouse Electric Company, LLC;
Decommissioning Project; Hematite,
Missouri
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to request a hearing and to
petition for leave to intervene; order.
AGENCY:
A request for a hearing or
petition for leave to intervene must be
filed by October 22, 2013. Any potential
party as defined in § 2.4 of Title 10 of
the Code of Federal Regulations (10
CFR) who believes access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) and/or Safeguards
Information (SGI) is necessary to
respond to this notice must request
document access by September 3, 2013.
ADDRESSES: Please refer to Docket ID
NRC–2013–0184 when contacting the
NRC about the availability of
information regarding this document.
You may access publically-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0184. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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,
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 document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
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DATES:
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• 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
FOR FURTHER INFORMATION CONTACT: John
J. Hayes, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
5928; email: John.Hayes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has received a
license amendment application from
Westinghouse Electric Company, LLC
(WEC or the licensee), dated May 28,
2013 (ADAMS Accession No.
ML13149A291). The licensee requests
(1) NRC authorization for disposal,
pursuant to § 20.2002, of an additional
22,000 m3 (cubic meters) of soil and
soil-like material containing NRClicensed source, byproduct, and special
nuclear material from its former fuel
cycle facility located in Festus,
Missouri; (2) NRC approval for the
treatment, as needed, for removal of
chemical contaminants from the 22,000
m3 or from the material associated with
the previous approvals of approximately
46,000 m3 of Hematite waste for
alternate disposal; and (3) NRC
authorization for disposal of dewatered
sanitary sludge. The licensee holds NRC
License No. SNM–33 and is authorized
to conduct decommissioning activities
at the facility. The amendment requests
authorization for WEC to transfer
decommissioning waste from the facility
to U.S. Ecology Idaho (USEI), Inc., a
Resource Conservation and Recovery
Act Subtitle C disposal facility located
near Grand View, Idaho. The USEI
facility is regulated by the Idaho
Department of Environmental Quality
and is not an NRC-licensed facility.
Pursuant to 10 CFR 30.11 and 70.17,
WEC’s application also requests that
USEI be granted exemptions from the
licensing requirements of 10 CFR 30.3
and 70.3 for byproduct and special
nuclear material, respectively, so that
USEI may accept the material under the
terms of its facility permits. In a letter
dated June 5, 2013, USEI also requested
an exemption from the requirements of
10 CFR 30.3 and 70.3.
An NRC administrative review,
documented in a letter to WEC dated
June 11, 2013 (ADAMS Accession No.
ML13161A067), found the application
acceptable to begin a technical review.
If the NRC approves the amendment, the
approval will be documented in an
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amendment to NRC License No. SNM–
33. However, before approving the
proposed amendment, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended, and the NRC’s regulations.
These findings will be documented in a
Safety Evaluation Report and an
Environmental Assessment.
ll. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene with respect to the license
amendment request. Requirements for
hearing requests and petitions for leave
to intervene are found in 10 CFR 2.309,
‘‘Hearing requests, petitions to
intervene, requirements for standing,
and contentions.’’ Interested persons
should consult 10 CFR 2.309, which is
available at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852 (or call the PDR at 1–800–397–
4209 or 301–415–4737). The NRC’s
regulations are also accessible
electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
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
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings that the NRC
must make to support the granting of a
E:\FR\FM\23AUN1.SGM
23AUN1
Agencies
[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52571-52574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20627]
[[Page 52571]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-259; NRC-2013-0198]
Tennessee Valley Authority, Browns Ferry Nuclear Plant, Unit 1;
Applications and Amendments to Facility Operating Licenses Involving
Proposed, No Significant Hazards Considerations
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Facility Operating License No. DPR-33,
issued to Tennessee Valley Authority (TVA or the licensee), for
operation of the Browns Ferry Nuclear Plant (BFN) Unit 1, located in
Alabama, Limestone County.
DATES: Comments must be filed by September 6, 2013. A request for a
hearing must be filed by October 22, 2013.
ADDRESSES: You may submit comment by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0198. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN, 06-44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Project Manager,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone: 301-415-1564; email:
siva.lingam@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0198 when contacting the NRC
about the availability of information regarding this document. You may
access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0198.
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, 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. The application for amendment, dated August 14, 2013, is
available electronically under ADAMS Accession No. ML13227A103.
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.
B. Submitting Comments
Please include Docket ID NRC-2013-0198 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Further Information
The proposed amendment would delete the Notes that cover the
Reactor Coolant System (RCS) Pressure and Temperature (P/T) Limits
curves on Technical Specification (TS) 3.4.9, ``RCS Pressure and
Temperatures (P/T) Limits,'' Figures 3.4.9-1 and 3.4.9-2 that are
applicable from 12 Effective Full Power Years (EFPY) to 16 EFFY and
allows usage of the figures up to 16 EFPY. The current Notes state,
``Do Not Use This Figure. This curve applies to operations > 12 EFPY.
For current operation, use previous curve, which is valid up to 12
EFPY.''
There are two sets of P/T curves in the BFN Unit 1 TS 3.4.9: One
set for operations up to 12 EFPY and another set for operations greater
than (>) 12 EFPY and less than or equal to (<=) 16 EFPY. However, the
second set of P/T curves (for operations > 12 EFPY and <= 16 EFPY)
includes Notes that state that these curves cannot be used, and to use
the first set of P/T curves for operations up to 12 EFPY. Therefore,
the second set of P/T curves that are applicable when operations are >
12 EFPY cannot be used until the Notes are removed. The BFN Unit 1
operation is expected to reach 12 EFPY on September 20, 2013.
Therefore, to utilize the correct and previously approved P/T Limits
curves once the BFN Unit 1 operation has reached 12 EFPY, this Note
must be removed from the > 12 EFPY and <= 16 EFPY TS Figures 3.4.9-1
and 3.4.9-2. Once 12 EFPY is achieved, the BFN Unit 1 will not be
allowed to continue operation in Mode 1 (i.e., critical operation) and
a unit shutdown will be required unless the Notes are removed. TVA
determined that a license amendment was necessary to remove the Note
from the figures. TVA further concluded that in the absence of an
amendment to remove the Notes, a shutdown of the BFN Unit 1 as early as
September 20, 2013, cannot be avoided.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
Pursuant to Sec. 50.91(a)(6) of Title 10 of the Code of Federal
Regulations (10 CFR), for amendments to be granted under exigent
circumstances, the NRC staff must determine that the amendment request
involves no significant hazards consideration. Under the Commission's
regulations in 10 CFR 50.92, this means that operation of the
[[Page 52572]]
facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of any accident previously
evaluated?
Response: No.
The proposed administrative change will allow a set of TS
figures, contained in a previous NRC-approved license amendment, to
be used because the reactor fluence will soon reach the point at
which the figures are applicable. The proposed administrative change
does not revise any previously approved P/T limitations on plant
operation. The change is an administrative change removing Notes
that were placed on the approved figures to preclude using the
figures until the fluence reached the applicable values. Because the
NRC has previously approved the figures, the proposed amendment does
not involve a significant increase in the probability or
consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed administrative change will allow a set of TS
figures, contained in a previous NRC-approved license amendment, to
be used because the reactor fluence will soon reach the point at
which the figures are applicable. The proposed administrative change
does not revise any previously approved P/T limitations on plant
operation. The change is an administrative change removing Notes
that were placed on the approved figures to preclude using the
figures until the fluence reached the applicable value.
Therefore, the proposed amendment will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed administrative change will allow a set of TS
figures, contained in a previous NRC-approved license amendment, to
be used because the reactor fluence will soon reach the point at
which the figures are applicable. The proposed administrative change
does not revise any previously approved P/T limitations on plant
operation. The change is an administrative change removing Notes
that were placed on the approved figures to preclude using the
figures until the fluence reached the applicable value. In addition,
the margin of safety change as a result of using these new figures
was previously evaluated when the figures were originally approved.
As such, deleting the Notes has no effect on a margin of safety.
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.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 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 the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days of this notice, any person(s) whose interest may be
affected may file a request for hearing/petition to intervene. As
required by 10 CFR 2.309, a petition for leave to intervene shall set
forth with particularity the interest of the requestor/petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide 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, then any hearing
held would take place before the issuance of any amendment.
IV. Electronic Submissions (E-Filing)
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
[[Page 52573]]
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 NRC'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 should be in
Portable Document Format (PDF) in accordance with 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 NRC'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's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call to 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
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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 30
days from August 23, 2013. Requests for hearing, petitions for leave to
intervene, and motions for leave to file new or amended contentions
that are filed after the 60-day deadline will not be entertained absent
a determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-
(iii).
For further details with respect to this exigent license
application, see the application for amendment dated August 14, 2013.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
Dated at Rockville, Maryland, this August 16, 2013.
[[Page 52574]]
For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch 2-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-20627 Filed 8-22-13; 8:45 am]
BILLING CODE 7590-01-P