Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Unit No. 3: Revise Technical Specifications 3.7.6 and 3.7.7, 3081-3085 [2020-00695]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3081-3085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00695]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286; NRC-2020-0019]


Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating 
Unit No. 3: Revise Technical Specifications 3.7.6 and 3.7.7

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 an amendment to Renewed Facility Operating License No. DPR-
64, issued to Entergy Nuclear Operations, Inc. (the licensee), for 
operation of Indian Point Nuclear Generating Unit No. 3 (Indian Point 
Unit 3 or IP3). The proposed amendment would modify Technical 
Specification (TS) 3.7.7, ``City Water (CW),'' Surveillance Requirement 
(SR) 3.7.7.2, and TS 3.7.6, ``Condensate Storage Tank (CST),'' Required 
Action A.1.

DATES: Submit comments by February 18, 2020. Requests for a hearing or 
petition for leave to intervene must be filed by March 17, 2020.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0019. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    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: Richard V. Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0019 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0019.
     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 ``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 [email protected]. The license amendment request dated 
November 21, 2019, is available in ADAMS under Accession No. 
ML19325E913.
     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-2020-0019 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly

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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. 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 an amendment to Renewed Facility 
Operating License No. DPR-64 issued to Entergy Nuclear Operations, 
Inc., for operation of Indian Point Unit 3, located in Westchester 
County, New York. Specifically, the proposed amendment would revise TS 
SR 3.7.7.2 to allow one of the backflow preventer isolation valves on 
the Indian Point Unit 3 city water (CW) header supply to be maintained 
closed when in the modes of applicability for TS Limiting Condition for 
Operation (LCO) 3.7.7 (i.e., during Modes 1, 2, and 3, and Mode 4 when 
the steam generators are relied upon for heat removal), provided that 
the requirements of TS LCO 3.7.6 are met. The proposed change would 
eliminate intrusion of CW into the auxiliary feedwater (AFW) system and 
the CST due to leak-by past a downstream isolation valve and allow 
removal of a temporary modification that provides continuous flushing 
of the 33 AFW pump suction line. In addition, the proposed amendment 
would revise TS 3.7.6 Required Action A.1 to require the closed 
backflow preventer isolation valve on the Indian Point Unit 3 CW header 
supply to be reopened immediately in the event that the CST is declared 
inoperable.
    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 regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in section 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    The proposed amendment would modify IP3 TS SR 3.7.7.2 to allow 
one of the backflow preventer isolation valves on the IP3 CW Header 
Supply to be maintained closed, provided the requirements of TS LCO 
3.7.6 are met. In addition, the proposed change to TS 3.7.6 Required 
Action A.1 would require the closed backflow preventer isolation 
valve to be re-opened immediately in the event the CST is declared 
inoperable. The proposed changes to SR 3.7.7.2 and TS 3.7.6, 
Required Action 1 do not affect any initiator or precursor of any 
accident previously evaluated. Therefore, the proposed change does 
not involve a significant increase in the probability of an accident 
previously evaluated.
    The CST is the preferred source of water for the AFW System, and 
this remains unchanged. The consequences of accidents or events in 
which the AFW is credited or required are normally mitigated by 
operation of the AFW System. The CW system can be used as a backup 
to the CST in the event the CST is unavailable for any reason, 
including due to CST damage from a tornado-generated missile.
    In order to place the CW System in service, the proposed changes 
will add a field action by a nuclear plant operator to open one of 
the backflow preventer isolation valves on the IP3 CW Header Supply, 
in addition to the already required manual action to open the 
individual AFW pump suction valves from the control room. The 
proposed changes will also require the closed backflow preventer 
isolation valve on the IP3 CW Header Supply to be re-opened 
immediately in the event the CST is declared inoperable. As a 
result, the CW system will continue to provide a reliable means of 
backup cooling to the AFW pumps. Therefore, the proposed amendment 
does not involve a significant increase in the consequences of an 
accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    The proposed amendment would modify IP3 TS SR 3.7.7.2 to allow 
one of the backflow preventer isolation valves on the IP3 CW Header 
Supply to be maintained closed, provided the requirements of TS LCO 
3.7.6 are met. In addition, the proposed changes to TS 3.7.6, 
Required Action A.1 would require the closed backflow preventer 
isolation valve to be re-opened immediately in the event the CST is 
declared inoperable.
    The proposed amendment will not involve any physical changes to 
the existing plant, so no new malfunctions could create the 
possibility of a new or different kind of accident. The proposed 
amendment makes no changes to conditions external to the plant that 
could create the possibility of a new or different kind of. 
accident. The proposed change will not create the possibility of a 
new or different kind of accident as no new accident initiators, 
precursors, failure mechanisms, or malfunctions are being introduced 
by the proposed changes.
    The AFW System, the CST, and the CW System will continue to 
perform their design basis cooling functions for previously 
evaluated accidents or events for which the AFW System is credited 
or required. The normal source of CST cooling water for the AFW 
pumps is unaffected by the proposed changes. The AFW System is 
provided sufficient redundancy of water supplies such that the 
alternate source of water from the CW System is available in the 
event the CST is unavailable.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    The proposed amendment does not involve a significant reduction 
in the margin of safety.
    The proposed amendment would modify IP3 TS SR 3.7.7.2 to allow 
one of the backflow preventer isolation valves on the IP3 CW Header 
Supply to be maintained closed, provided the requirements of TS LCO 
3.7.6 are met. In addition, the proposed changes to TS 3.7.6, 
Required Action A.1 would require the closed backflow preventer 
isolation valve to be re-opened immediately in the event the CST is 
declared inoperable.
    The change does not exceed or alter any controlling numerical 
value for a parameter established in the FSAR [Final Safety Analysis 
Report] or elsewhere in the IP3 licensing basis related to design 
basis or safety limits. Entergy has performed a risk assessment in 
support of the proposed amendment and concluded that this change is 
not risk significant.
    The proposed changes only affect the manual actions required to 
place the CW system in service. No automatic actions are affected by 
the proposed changes. This request does not replace an automatic 
action with a manual action, isolate a safety related source of 
water that was previously unisolated, or close a valve that was 
previously required to be locked open. The CW system will continue 
to provide a

[[Page 3083]]

reliable means of backup cooling to the AFW pumps.
    Therefore, the proposed amendment 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 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 
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 30-day comment 
period if 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. If the Commission takes 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. 
If the Commission makes 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 notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (First 
Floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right to be made a party 
to the proceeding; (3) the nature and extent of the 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 petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish 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 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 the 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.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally-recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person

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making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 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 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``Cancel'' when the 
link requests certificates and you will be automatically directed to 
the NRC's electronic hearing dockets where you will be able to access 
any publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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 licensee's 
application dated November 21, 2019 (ADAMS Accession No. ML19325E913).
    Attorney for licensee: Bill Glew, Associate General Counsel, 
Entergy Services, Inc., 639 Loyola Avenue, 22nd Floor, New Orleans, LA 
70113.
    NRC Branch Chief: James G. Danna.

    Dated at Rockville, Maryland, this 13th day of January, 2020.


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    For the Nuclear Regulatory Commission.
Richard V. Guzman, Sr.,
Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-00695 Filed 1-16-20; 8:45 am]
BILLING CODE 7590-01-P