Florida Power & Light Company; Turkey Point Nuclear Generating Units 3 and 4, 44214-44217 [2014-17946]
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Management Plan and PSDAR will not
adversely affect ZS’s ability to
physically secure the site or protect
special nuclear material. Security plan
changes to accommodate the movement
of the irradiated fuel to the ISFSI were
approved by the NRC on December 12,
2013, (ADAMS ML13310C058)
consistent with the Irradiated Fuel
Management Plan and PSDAR.
Therefore, the proposed exemptions are
consistent with the common defense
and security.
The NRC staff finds that the proposed
exemptions would confirm the
availability for use of the nuclear
decommissioning trust funds for
irradiated fuel management activities in
accordance with the ZNPS updated
Irradiated Fuel Management Plan
required by 10 CFR 50.54(bb) as well as
the PSDAR. The NRC staff finds that
there is reasonable assurance that
adequate funds are available in the
nuclear decommissioning trusts to
complete all activities associated with
license termination and irradiated fuel
management. There is no decrease in
safety associated with the nuclear
decommissioning trusts being used to
fund activities associated with
irradiated fuel management.
These conclusions are discussed
further in the staff’s SER. (ADAMS
Accession No. ML14030A602).
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, an exemption is authorized by
law, will not present an undue risk to
the public health and safety, is
consistent with the common defense
and security, and that special
circumstances are present. Therefore,
the Commission hereby grants Zion
Solutions an exemption from the
requirements of 10 CFR 50.82(a)(8)(i)(A)
to authorize ZS to use nuclear
decommissioning trust funds to manage
irradiated fuel in accordance with the
updated Irradiated Fuel Management
Plan and PSDAR.
Pursuant to 10 CFR 51.22(c)(25), the
Commission has determined the
granting of this exemption is
categorically excluded, and pursuant to
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared. The
exemption involves surety
requirements, as described in 10 CFR
51.22(c)(25)(vi)(H). Approval of this
exemption request involves no
significant hazards consideration; no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite; no significant increase in
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individual or cumulative public or
occupational radiation exposure; no
significant construction impact; and no
significant increase in the potential for
or consequences from radiological
accidents. These exemptions are
effective upon issuance.
Dated at Rockville, Maryland, this 21st day
of July 2014.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and
Uranium Recovery, Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2014–17969 Filed 7–29–14; 8:45 am]
BILLING CODE 7590–01–P
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• Mail Comments to: Cindy Bladey,
Office of Administration, Mail Stop:
3WFN–06–A44M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Audrey Klett, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–0489, email:
Audrey.Klett@nrc.gov.
SUPPLEMENTARY INFORMATION:
NUCLEAR REGULATORY
COMMISSION
I. Obtaining Information and
Submitting Comments
[Docket Nos. 50–250 and 50–251; NRC–
2014–0176]
A. Obtaining Information
Florida Power & Light Company;
Turkey Point Nuclear Generating Units
3 and 4
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of amendments to Renewed
Facility Operating License Nos. DPR–31
and DPR–41 issued to Florida Power &
Light Company (the licensee) for
operation of Turkey Point Nuclear
Generating Units 3 and 4 (Turkey Point).
The proposed amendments would
revise the ultimate heat sink (UHS)
water temperature limit in the Turkey
Point Technical Specifications (TSs).
Specifically, the proposed amendments
would increase the UHS temperature
limit and add a surveillance
requirement to monitor the UHS
temperature more frequently if the UHS
temperature approaches the new limit.
DATES: Submit comments by August 13,
2014. Requests for a hearing or petition
for leave to intervene must be filed by
September 29, 2014.
ADDRESSES: You may submit comments
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–2014–0176. Address
questions about NRC dockets to Carol
SUMMARY:
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Please refer to Docket ID NRC–2014–
0176 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0176.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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
licensee’s application dated July 10,
2014, as supplemented by letter dated
July 17, 2014, and the two letters dated
July 22, 2014, are available in ADAMS
under Accession Nos. ML14196A006,
ML14202A392, ML14204A368, and
ML14204A367, respectively.
• 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–2014–
0176 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.
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The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. The NRC will
post all comment submissions at
https://www.regulations.gov as well as
enter the comment submissions into
ADAMS, and 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 into ADAMS.
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II. Introduction
The NRC is considering issuance of
amendments to Renewed Facility
Operating License Nos. DPR–31 and
DPR–41, issued to Florida Power &
Light Company, for operation of the
Turkey Point Nuclear Generating Unit
Nos. 3 and 4, located in Miami-Dade
County, Florida.
The proposed amendments would
revise the UHS water temperature limit
in the Turkey Point TSs. Specifically,
the proposed amendments would
increase the UHS temperature limit and
add a surveillance requirement to
monitor the UHS temperature more
frequently if the UHS temperature
approaches the new limit.
In its letters dated July 10, and July
17, 2014, the licensee stated that the
UHS temperature has approached the
current TS limit. The licensee stated
that the UHS temperature has been
trending higher than historical averages
in part because of reduced water levels
caused by unseasonably dry weather
and because of reduced cooling
efficiency caused by an algae bloom of
concentrations higher than previously
observed. The licensee requested a
timely review of its application to avoid
a dual unit shutdown that could affect
grid reliability. Therefore, the licensee
requested that the NRC process the
license amendment requests under
emergency circumstances in accordance
with paragraph 50.91(a)(5) of Title 10 of
the Code of Federal Regulations (10
CFR).
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
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Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
The NRC staff determined that
although the licensee requested that the
NRC process the license amendment
requests under emergency
circumstances, there was sufficient time
to publish a prior notice and
opportunity for a hearing or public
comment. Therefore, the NRC staff
determined that the provisions of 10
CFR 50.91(a)(6) are applicable for
processing the licensee’s request under
exigent circumstances. Pursuant to 10
CFR 50.91(a)(6), for amendments to be
granted under exigent circumstances,
the NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in 10 CFR 50.92,
this means that operation of the facility
in accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. 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 change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The ultimate heat sink (UHS) is not an
accident initiator. An increase in UHS
temperature will not increase the probability
of occurrence of an accident. The proposed
change will allow plant operation with a
UHS temperature less than or equal to 104 °F.
Maintaining UHS temperature less than or
equal to 104 °F ensures that accident
mitigation equipment will continue to
perform its required function, thereby
ensuring the consequences of accidents
previously evaluated are not increased.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change will not install any
new or different equipment or modify
equipment in the plant. The proposed change
will not alter the operation or function of
structures, systems or components. The
response of the plant and the operators
following a design basis accident is
unaffected by this change. The proposed
change does not introduce any new failure
modes and the design basis heat removal
capability of the safety related components is
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maintained at the increased UHS temperature
limit. Therefore, the proposed change will
not create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The increase in UHS temperature will not
adversely affect design basis accident
mitigation equipment performance. It was
determined that adequate margin exists in
the CCW [component cooling water] system
such that post-accident CCW system supply
and return temperatures would remain as
currently analyzed in the containment
integrity analyses such that the peak
containment pressure is not altered by the
proposed TS change. The technical
evaluation confirmed that adequate CCW
design margin would remain under the
proposed operating conditions to allow a
reasonable degree of equipment degradation
to occur while demonstrating that the
affected safety related components could
continuously perform their design function
as currently analyzed. Therefore, the
proposed change does not involve a
significant reduction in the 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 license
amendment request involves no
significant hazards consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. 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 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day notice period if the Commission
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 14-day comment period should
circumstances change during the 14-day
comment period such that failure to act
in a timely way would result, for
example, in derating or shutdown of the
facility. Should the Commission take
action prior to the expiration of either
the comment period or the notice
period, it will publish in the Federal
Register a notice of issuance. Should the
Commission make a final no significant
hazards consideration determination,
any hearing will take place after
issuance. The Commission expects that
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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 after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
desires to participate as a party in the
proceeding must file a written request
for hearing or a petition for leave to
intervene specifying the contentions
which the person seeks to have litigated
in the hearing with respect to the
license amendment request. Requests
for hearing and petitions for leave to
intervene shall be filed in accordance
with the NRC’s ‘‘Agency Rules of
Practice and Procedure’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the NRC’s PDR. The NRC’s
regulations are accessible electronically
from the NRC Library on the NRC’s Web
site at https://www.nrc.gov/reading-rm/
doc-collections/cfr/.
As required by 10 CFR 2.309, a
request for hearing or petition for leave
to intervene must 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 hearing
request or petition must 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
hearing request or petition must also
include the specific contentions that the
requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/
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 requestor/
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
license amendment in response to the
application. The hearing request or
petition must also include a concise
statement of the alleged facts or expert
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opinion that support the contention and
on which the requestor/petitioner
intends to rely at the hearing, together
with references to those specific sources
and documents. The hearing request or
petition must provide sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact, including
references to specific portions of the
application for amendment that the
petitioner disputes and the supporting
reasons for each dispute. If the
requestor/petitioner believes that the
application for amendment fails to
contain information on a relevant matter
as required by law, the requestor/
petitioner must identify each failure and
the supporting reasons for the
requestor’s/petitioner’s belief. Each
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who does not satisfy these
requirements for 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 with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
will set the time and place for any
prehearing conferences and evidentiary
hearings, and the appropriate notices
will be provided.
Hearing requests or petitions for leave
to intervene must be filed no later than
60 days from the date of publication of
this notice. 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).
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
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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
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’s E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten 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/
getting-started.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
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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 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/esubmittals.html, by email to
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
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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. 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.
For further details with respect to this
action, see the application for license
amendment dated July 10, 2014, as
supplemented on July 17, and July 22,
2014.
Attorney for licensee: William S.
Blair, Managing Attorney—Nuclear,
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Florida Power & Light Company, 700
Universe Blvd. MS LAW/JB, Juno
Beach, Florida 33408–0420.
NRC Acting Branch Chief: Lisa M.
Regner.
Dated at Rockville, Maryland, this 24th day
of July 2014.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2014–17946 Filed 7–28–14; 11:15 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2014–36 and CP2014–62;
Order No. 2132]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
an addition of Priority Mail Contract 87
to the competitive product list. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: July 31,
2014.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and
associated supporting information to
add Priority Mail Contract 87 to the
competitive product list.1
The Postal Service
contemporaneously filed a redacted
1 Request of the United States Postal Service to
Add Priority Mail Contract 87 to Competitive
Product List and Notice of Filing (Under Seal) of
Unredacted Governors’ Decision, Contract, and
Supporting Data, July 23, 2014 (Request).
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Agencies
[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44214-44217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17946]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251; NRC-2014-0176]
Florida Power & Light Company; Turkey Point Nuclear Generating
Units 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of amendments to Renewed Facility Operating License Nos. DPR-
31 and DPR-41 issued to Florida Power & Light Company (the licensee)
for operation of Turkey Point Nuclear Generating Units 3 and 4 (Turkey
Point). The proposed amendments would revise the ultimate heat sink
(UHS) water temperature limit in the Turkey Point Technical
Specifications (TSs). Specifically, the proposed amendments would
increase the UHS temperature limit and add a surveillance requirement
to monitor the UHS temperature more frequently if the UHS temperature
approaches the new limit.
DATES: Submit comments by August 13, 2014. Requests for a hearing or
petition for leave to intervene must be filed by September 29, 2014.
ADDRESSES: You may submit comments 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-2014-0176. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
Mail Comments to: Cindy Bladey, Office of Administration,
Mail Stop: 3WFN-06-A44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Audrey Klett, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0489, email: Audrey.Klett@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0176 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0176.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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
licensee's application dated July 10, 2014, as supplemented by letter
dated July 17, 2014, and the two letters dated July 22, 2014, are
available in ADAMS under Accession Nos. ML14196A006, ML14202A392,
ML14204A368, and ML14204A367, respectively.
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-2014-0176 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.
[[Page 44215]]
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed in your comment submission. The NRC will post all comment
submissions at https://www.regulations.gov as well as enter the comment
submissions into ADAMS, and 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 into ADAMS.
II. Introduction
The NRC is considering issuance of amendments to Renewed Facility
Operating License Nos. DPR-31 and DPR-41, issued to Florida Power &
Light Company, for operation of the Turkey Point Nuclear Generating
Unit Nos. 3 and 4, located in Miami-Dade County, Florida.
The proposed amendments would revise the UHS water temperature
limit in the Turkey Point TSs. Specifically, the proposed amendments
would increase the UHS temperature limit and add a surveillance
requirement to monitor the UHS temperature more frequently if the UHS
temperature approaches the new limit.
In its letters dated July 10, and July 17, 2014, the licensee
stated that the UHS temperature has approached the current TS limit.
The licensee stated that the UHS temperature has been trending higher
than historical averages in part because of reduced water levels caused
by unseasonably dry weather and because of reduced cooling efficiency
caused by an algae bloom of concentrations higher than previously
observed. The licensee requested a timely review of its application to
avoid a dual unit shutdown that could affect grid reliability.
Therefore, the licensee requested that the NRC process the license
amendment requests under emergency circumstances in accordance with
paragraph 50.91(a)(5) of Title 10 of the Code of Federal Regulations
(10 CFR).
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC staff determined that although the licensee requested that
the NRC process the license amendment requests under emergency
circumstances, there was sufficient time to publish a prior notice and
opportunity for a hearing or public comment. Therefore, the NRC staff
determined that the provisions of 10 CFR 50.91(a)(6) are applicable for
processing the licensee's request under exigent circumstances. Pursuant
to 10 CFR 50.91(a)(6), for amendments to be granted under exigent
circumstances, the NRC has made a proposed determination that the
license amendment request involves no significant hazards
consideration. Under the NRC's regulations in 10 CFR 50.92, this means
that operation of the facility in accordance with the proposed
amendment would not (1) involve a significant increase in the
probability or consequences of an accident previously evaluated; or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated; or (3) involve a significant reduction
in a margin of safety. 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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The ultimate heat sink (UHS) is not an accident initiator. An
increase in UHS temperature will not increase the probability of
occurrence of an accident. The proposed change will allow plant
operation with a UHS temperature less than or equal to 104 [deg]F.
Maintaining UHS temperature less than or equal to 104 [deg]F ensures
that accident mitigation equipment will continue to perform its
required function, thereby ensuring the consequences of accidents
previously evaluated are not increased. Therefore, the proposed
change does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change will not install any new or different
equipment or modify equipment in the plant. The proposed change will
not alter the operation or function of structures, systems or
components. The response of the plant and the operators following a
design basis accident is unaffected by this change. The proposed
change does not introduce any new failure modes and the design basis
heat removal capability of the safety related components is
maintained at the increased UHS temperature limit. Therefore, the
proposed change will not create the possibility of a new or
different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The increase in UHS temperature will not adversely affect design
basis accident mitigation equipment performance. It was determined
that adequate margin exists in the CCW [component cooling water]
system such that post-accident CCW system supply and return
temperatures would remain as currently analyzed in the containment
integrity analyses such that the peak containment pressure is not
altered by the proposed TS change. The technical evaluation
confirmed that adequate CCW design margin would remain under the
proposed operating conditions to allow a reasonable degree of
equipment degradation to occur while demonstrating that the affected
safety related components could continuously perform their design
function as currently analyzed. Therefore, the proposed change does
not involve a significant reduction in the 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
license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 14-day comment
period should circumstances change during the 14-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
Should the Commission make a final no significant hazards consideration
determination, any hearing will take place after issuance. The
Commission expects that
[[Page 44216]]
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 after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests for hearing and petitions for leave to intervene shall be
filed in accordance with the NRC's ``Agency Rules of Practice and
Procedure'' in 10 CFR Part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
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 hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/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 requestor/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 license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for 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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
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).
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 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's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by 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/getting-started.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
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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 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.
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.
For further details with respect to this action, see the
application for license amendment dated July 10, 2014, as supplemented
on July 17, and July 22, 2014.
Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light Company, 700 Universe Blvd. MS LAW/JB,
Juno Beach, Florida 33408-0420.
NRC Acting Branch Chief: Lisa M. Regner.
Dated at Rockville, Maryland, this 24th day of July 2014.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2014-17946 Filed 7-28-14; 11:15 am]
BILLING CODE 7590-01-P