Watts Bar Nuclear Plant, Unit 1; Application and Amendment to Facility Operating License Involving Proposed No Significant Hazards Consideration Determination, 53581-53584 [2015-21935]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices qualifications per 10 CFR 50.33(f)(5) to determine whether remains qualified to continue operating Pilgrim. As the basis of the request, the petitioners asserted that ENO no longer meets the financial qualifications requirements to possess the licenses and operate FitzPatrick, Pilgrim, and Vermont Yankee in accordance with 10 CFR 50.33(f)(2) and 10 CFR 50.80(b)(1)(i). On May 7, 2013, the petitioners met with the NRC’s Petition Review Board (PRB). The meeting provided the petitioners and the licensee an opportunity to provide additional information and to clarify issues cited in the petition. The transcript for that meeting is available in ADAMS under Accession No. ML13135A001. By letter dated August 7, 2013 (ADAMS Accession No. ML13154A313), the NRC informed the petitioners that their request for immediate actions to suspend operations at FitzPatrick and Vermont Yankee was denied. In the same letter, the NRC also informed the petitioners of the PRB’s final recommendation to accept the petition for review, because it met the criteria in Management Directive 8.11, Section III.C, ‘‘Criteria for Reviewing Petitions Under 10 CFR 2.206.’’ The NRC sent a copy of the proposed director’s decision to the petitioners and the licensee for comment on March 27, 2015 (ADAMS Accession Nos. ML15040A159 and ML15040A140, respectively). The petitioners and the licensee were asked to provide comments within 30 days on any part of the proposed director’s decision that was considered to be erroneous or any issues in the petition that were not addressed. Comments were received and are addressed in the attachments to the final director’s decision. The Director of the Office of Nuclear Reactor Regulation denied the petitioners’ request for the following actions: (1) Suspend operations at FitzPatrick and Vermont Yankee. (2) Investigate whether ENO possesses sufficient funds to cease operations and decommission FitzPatrick and Vermont Yankee, per 10 CFR 50.75. (3) Investigate ENO’s current financial qualifications per 10 CFR 50.33(f)(5) to determine whether the licensee remains qualified to continue operating Pilgrim, be granted. The reasons for these decisions are explained in the director’s decision (DD–15–08) pursuant to 10 CFR 2.206 of the Commission’s regulations. The NRC will file a copy of the director’s decision with the Secretary of the Commission for the Commission’s VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 review in accordance with 10 CFR 2.206. As provided by this regulation, the director’s decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the director’s decision in that time. Dated at Rockville, Maryland, this 27th day of August, 2015. For the Nuclear Regulatory Commission. Michele G. Evans, Deputy Director, Office of Nuclear Reactor Regulation. [FR Doc. 2015–22049 Filed 9–3–15; 8:45 am] BILLING CODE 7590–01–P 53581 • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, 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: Jeanne A. Dion, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 1349; email: Jeanne.Dion@nrc.gov. SUPPLEMENTARY INFORMATION: NUCLEAR REGULATORY COMMISSION I. Obtaining Information and Submitting Comments [Docket No. 50–390; NRC–2015–0206] A. Obtaining Information Please refer to Docket ID NRC–2015– 0206 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 http://www.regulations.gov and search for Docket ID NRC–2015–0206. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://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 application for amendment, dated August 13, 2015, is available in ADAMS under Accession No. ML15225A344. • 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. Watts Bar Nuclear Plant, Unit 1; Application and Amendment to Facility Operating License Involving Proposed No Significant Hazards Consideration Determination Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, request a hearing and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of a license amend request for the Watts Bar Nuclear Plant (WBN), Unit 1. The proposed amendment would revise a current License Condition (Section 2.F) regarding the Fire Protection Program and propose a new License Condition (Section 2.I) regarding a fire protection requirement for WBN, Unit 1. The NRC proposes to determine that this request involve no significant hazards consideration. SUMMARY: Comments must be filed by October 5, 2015. A request for a hearing must be filed by November 3, 2015. 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 http://www.regulations.gov and search for Docket ID NRC–2015–0206. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. DATES: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 B. Submitting Comments Please include Docket ID NRC–2015– 0206 in your comment submission. 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 http:// 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. E:\FR\FM\04SEN1.SGM 04SEN1 53582 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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. Introduction The NRC is considering issuance of an amendment to Facility Operating License No. NFP–90, issued to Tennessee Valley Authority (the licensee), for operation of the Watts Bar Nuclear Plant (WBN), Unit 1 located in Spring City, Tennessee. The proposed amendment would revise a current License Condition (Section 2.F) regarding the Fire Protection Program and propose a new License Condition (Section 2.I) regarding a fire protection requirement for WBN, Unit 1. Section 2.F is the license condition associated with fire protection and defines the basis for the NRC’s approval of the Fire Protection Program that is applicable to the operation of WBN, Unit 1. The proposed amendment would update the fire protection license condition, Section 2.F, to reflect dual-unit operation and the Fire Protection Program that would be in effect should WBN, Unit 2 receive an operating license (OL). Section 2.I is a new License Condition associated with fire protection requirements to ensure the fire detection monitoring panel in the main control room (MCR) meets the designated standards or is tested and found suitable for the specified purpose. 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. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission’ regulations in § 50.92 of Title 10 of the Code of Federal Regulations (10 CFR), 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) VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 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 overall effect of the licensing of WBN Unit 2, on the safe operation of WBN Unit 1, is being assessed by the reviews the Nuclear Regulatory Commission (NRC) documents in Supplemental Safety Evaluation Reports (SSERs). This proposed change is limited in scope and will align the OLs for WBN Unit 1 and WBN Unit 2, so that the Fire Protection Program may be managed by a common document, the WBN Unit 1/ Unit 2 Fire Protection Report (FPR). Because this proposed change is administrative in nature, no accident analysis conclusions made in the WBN Unit 1 UFSAR [Updated Final Safety Analysis Report] are affected. The proposed change revised the WBN Fire Hazards Analysis (FHA) but did not result in any adverse effects or any adverse effects on any component required for a fire safe shutdown. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. The proposed change adds a requirement to ensure the fire detection monitoring panel in the MCR meets appropriate design standards or is tested and found suitable while not effecting any plant structures, systems, or components (SSCs). The change does not affect plant operations, any design function or an analysis that verifies the capability of an SSC to perform a design function. Because no plant equipment or method of evaluation are affected by this change, the proposed amendment does not change any of the previously evaluated accidents in the updated final safety analysis report (UFSAR). No accident analysis conclusions made in the WBN Unit 1 UFSAR are affected. The proposed change does not revise or affect the Fire Hazards Analysis (FHA) or any component required for a fire safe shutdown. 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 overall effect of the licensing of WBN Unit 2, on the safe operation of WBN Unit 1, is being assessed by the reviews the NRC documents in SSERs. This proposed change is limited in scope and does not result in any adverse effects on the FHA or any component required for a fire safe shutdown. In addition, no accident analysis conclusions made in the WBN Unit 1 UFSAR are affected. Based on this, the proposed amendment will not alter the requirements or function for systems required during accident conditions. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. The proposed change adds a requirement to ensure the fire detection monitoring panel in the MCR meets appropriate design standards or is tested and found suitable and does not change any design function, operation of an SSC, performance of testing or maintenance of an SSC. This proposed change is limited in scope and does not revise or affect the FHA or any component required for a fire safe shutdown. In addition, no accident analysis conclusions made in the WBN Unit 1 UFSAR are affected. Based on this, the proposed amendment will not alter the requirements or function for systems required during accident conditions. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in the margin of safety? Response: No. This proposed change is associated with the implementation of WBN’s Fire Protection Program for two-unit operation as approved in NRC SSERs. Because the proposed amendment is administrative in nature (updates a condition of the WBN Unit 1 OL), implementation of the amendment will not affect the manner in which safety limits or limiting safety system settings are determined nor will there be any effect on those plant systems necessary to assure the accomplishment of protection functions. Therefore, the proposed changes do not involve a significant reduction in a margin of safety. This proposed change adds a requirement to ensure that the fire detection monitoring panel in the MCR either meets the appropriate designated standards or has been tested and found suitable for the specified purpose. Implementation of the amendment (the addition of a license condition to the WBN Unit 1 OL) will not affect the manner in which safety limits or limiting safety system settings are determined nor will there be any effect on those plant systems necessary to assure the accomplishment of protection functions. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee’s analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. 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 a 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 http://www.nrc.gov/reading-rm/ doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and License Board will issue a notice of a hearing or an appropriate order. 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 VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 53583 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 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 unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. 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 E:\FR\FM\04SEN1.SGM 04SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 53584 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 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 http:// 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 NRC’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC’s Web site. Further information on the Webbased submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://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 VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 at http://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 http:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree 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 PO 00000 Frm 00100 Fmt 4703 Sfmt 9990 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 http:// 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 amendment request, see the application for amendment dated August 13, 2015, which is available for public inspection at the NRC’s PDR, located at One White Flint North, Room O1–F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR’s Reference staff at 1–800–397– 4209, 301–415–4737, or by email to pdr.resource@nrc.gov. Attorney for licensee: General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902. NRC Branch Chief: Jessie F. Quichocho. Dated at Rockville, Maryland, this 24th day of August 2015. For the Nuclear Regulatory Commission. Jeanne A. Dion, Project Manager, Watts Bar Special Projects Branch, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2015–21935 Filed 9–3–15; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53581-53584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21935]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390; NRC-2015-0206]


Watts Bar Nuclear Plant, Unit 1; Application and Amendment to 
Facility Operating License Involving Proposed No Significant Hazards 
Consideration Determination

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing and petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of a license amend request for the Watts Bar 
Nuclear Plant (WBN), Unit 1. The proposed amendment would revise a 
current License Condition (Section 2.F) regarding the Fire Protection 
Program and propose a new License Condition (Section 2.I) regarding a 
fire protection requirement for WBN, Unit 1. The NRC proposes to 
determine that this request involve no significant hazards 
consideration.

DATES: Comments must be filed by October 5, 2015. A request for a 
hearing must be filed by November 3, 2015.

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 http://www.regulations.gov and search for Docket ID NRC-2015-0206. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, 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: Jeanne A. Dion, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1349; email: Jeanne.Dion@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0206 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 http://www.regulations.gov and search for Docket ID NRC-2015-0206.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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 
application for amendment, dated August 13, 2015, is available in ADAMS 
under Accession No. ML15225A344.
     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-2015-0206 in your comment submission.
    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 http://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.

[[Page 53582]]

    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. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NFP-90, issued to Tennessee Valley Authority (the 
licensee), for operation of the Watts Bar Nuclear Plant (WBN), Unit 1 
located in Spring City, Tennessee.
    The proposed amendment would revise a current License Condition 
(Section 2.F) regarding the Fire Protection Program and propose a new 
License Condition (Section 2.I) regarding a fire protection requirement 
for WBN, Unit 1. Section 2.F is the license condition associated with 
fire protection and defines the basis for the NRC's approval of the 
Fire Protection Program that is applicable to the operation of WBN, 
Unit 1. The proposed amendment would update the fire protection license 
condition, Section 2.F, to reflect dual-unit operation and the Fire 
Protection Program that would be in effect should WBN, Unit 2 receive 
an operating license (OL). Section 2.I is a new License Condition 
associated with fire protection requirements to ensure the fire 
detection monitoring panel in the main control room (MCR) meets the 
designated standards or is tested and found suitable for the specified 
purpose.
    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.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission' regulations in Sec.  50.92 of Title 10 of the Code of 
Federal Regulations (10 CFR), 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 overall effect of the licensing of WBN Unit 2, on the safe 
operation of WBN Unit 1, is being assessed by the reviews the 
Nuclear Regulatory Commission (NRC) documents in Supplemental Safety 
Evaluation Reports (SSERs). This proposed change is limited in scope 
and will align the OLs for WBN Unit 1 and WBN Unit 2, so that the 
Fire Protection Program may be managed by a common document, the WBN 
Unit 1/Unit 2 Fire Protection Report (FPR). Because this proposed 
change is administrative in nature, no accident analysis conclusions 
made in the WBN Unit 1 UFSAR [Updated Final Safety Analysis Report] 
are affected. The proposed change revised the WBN Fire Hazards 
Analysis (FHA) but did not result in any adverse effects or any 
adverse effects on any component required for a fire safe shutdown.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed change adds a requirement to ensure the fire 
detection monitoring panel in the MCR meets appropriate design 
standards or is tested and found suitable while not effecting any 
plant structures, systems, or components (SSCs). The change does not 
affect plant operations, any design function or an analysis that 
verifies the capability of an SSC to perform a design function. 
Because no plant equipment or method of evaluation are affected by 
this change, the proposed amendment does not change any of the 
previously evaluated accidents in the updated final safety analysis 
report (UFSAR).
    No accident analysis conclusions made in the WBN Unit 1 UFSAR 
are affected. The proposed change does not revise or affect the Fire 
Hazards Analysis (FHA) or any component required for a fire safe 
shutdown.
    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 overall effect of the licensing of WBN Unit 2, on the safe 
operation of WBN Unit 1, is being assessed by the reviews the NRC 
documents in SSERs. This proposed change is limited in scope and 
does not result in any adverse effects on the FHA or any component 
required for a fire safe shutdown. In addition, no accident analysis 
conclusions made in the WBN Unit 1 UFSAR are affected. Based on 
this, the proposed amendment will not alter the requirements or 
function for systems required during accident conditions.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    The proposed change adds a requirement to ensure the fire 
detection monitoring panel in the MCR meets appropriate design 
standards or is tested and found suitable and does not change any 
design function, operation of an SSC, performance of testing or 
maintenance of an SSC. This proposed change is limited in scope and 
does not revise or affect the FHA or any component required for a 
fire safe shutdown. In addition, no accident analysis conclusions 
made in the WBN Unit 1 UFSAR are affected. Based on this, the 
proposed amendment will not alter the requirements or function for 
systems required during accident conditions.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    This proposed change is associated with the implementation of 
WBN's Fire Protection Program for two-unit operation as approved in 
NRC SSERs. Because the proposed amendment is administrative in 
nature (updates a condition of the WBN Unit 1 OL), implementation of 
the amendment will not affect the manner in which safety limits or 
limiting safety system settings are determined nor will there be any 
effect on those plant systems necessary to assure the accomplishment 
of protection functions.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.
    This proposed change adds a requirement to ensure that the fire 
detection monitoring panel in the MCR either meets the appropriate 
designated standards or has been tested and found suitable for the 
specified purpose. Implementation of the amendment (the addition of 
a license condition to the WBN Unit 1 OL) will not affect the manner 
in which safety limits or limiting safety system settings are 
determined nor will there be any effect on those plant systems 
necessary to assure the accomplishment of protection functions.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the

[[Page 53583]]

expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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 a 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 http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is 
filed by the above date, the Commission or a presiding officer 
designated by the Commission or by the Chief Administrative Judge of 
the Atomic Safety and Licensing Board Panel, will rule on the request 
and/or petition; and the Secretary or the Chief Administrative Judge of 
the Atomic Safety and License Board will issue a notice of a hearing or 
an appropriate order.
    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 unless the 
Commission finds an imminent danger to the health or safety of the 
public, in which case it will issue an appropriate order or rule under 
10 CFR part 2.

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

[[Page 53584]]

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 http://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 NRC's public Web 
site at http://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 http://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 http://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 http://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 
http://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 amendment request, see the 
application for amendment dated August 13, 2015, which is available for 
public inspection at the NRC's PDR, located at One White Flint North, 
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 
20852. Publicly available documents created or received at the NRC are 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.
    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the PDR's Reference 
staff at 1-800-397-4209, 301-415-4737, or by email to 
pdr.resource@nrc.gov.
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
    NRC Branch Chief: Jessie F. Quichocho.

    Dated at Rockville, Maryland, this 24th day of August 2015.

    For the Nuclear Regulatory Commission.
Jeanne A. Dion,
Project Manager, Watts Bar Special Projects Branch, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-21935 Filed 9-3-15; 8:45 am]
 BILLING CODE 7590-01-P