Pacific Gas and Electric Company; Diablo Canyon Nuclear Power Plant, Units 1 and 2, 55700-55703 [2020-19899]
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Notices
NCPC’s office suite is accessed by
means of an electronic key card system
(employees) and clearance by an office
receptionist (visitors). Visitors must
sign-in, wear an identification badge,
and be escorted by NCPC personnel
during their visit to other than public
portions of the office (public portions
include the Commission chambers and
adjacent meeting room). NCPC’s suite
entrances are also monitored by
electronic surveillance.
Records processed, stored or
transmitted and used by contractors are
protected by controls implemented by
the vendor pursuant to terms
incorporated into its contract with
NCPC.
RECORD ACCESS PROCEDURES:
Individuals seeking access to a record
pertaining to them in the System of
Records described herein shall follow
the procedures in set forth in NCPC’s
Privacy Act Regulations contained in 1
CFR part 603. The request should be
directed to: NCPC Privacy Act Officer,
National Capital Planning Commission,
401 9th Street NW, Suite 500,
Washington, DC 20004.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the
content of a record contained in the
System of Records described in this
Notice shall follow the procedures set
forth in Record Access Procedures
above.
NOTIFICATION PROCEDURES:
Individuals seeking to determine if
the System of Records described in this
Notice contains a record pertaining to
him/her shall follow the procedures set
forth in Record Access Procedures
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: September 2, 2020.
Anne R. Schuyler,
General Counsel.
[FR Doc. 2020–19821 Filed 9–8–20; 8:45 am]
BILLING CODE 7502–02–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–275 and 50–323; NRC–
2020–0207]
Pacific Gas and Electric Company;
Diablo Canyon Nuclear Power Plant,
Units 1 and 2
Nuclear Regulatory
Commission.
AGENCY:
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License amendment application;
opportunity to request a hearing and to
petition for leave to intervene.
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) approved a request
by Pacific Gas and Electric Company
(PG&E, the licensee) for amendments to
Facility Operating License Nos. DPR–80
and DPR–82, issued to the licensee for
operation of the Diablo Canyon Nuclear
Power Plant (Diablo Canyon), Units 1
and 2, located in San Luis Obispo
County, California. The amendments
provide a new Technical Specification
(TS) 3.7.5, ‘‘Auxiliary Feedwater (AFW)
System,’’ Condition G, to address a onetime planned Diablo Canyon, Unit 1,
Cycle 22, AFW system alignment for
which current TS 3.7.5 would require
shutdown.
SUMMARY:
A request for a hearing or
petition for leave to intervene must be
filed by November 9, 2020.
DATES:
Please refer to Docket ID
NRC–2020–0207 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0207. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Samson S. Lee, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3168, email: Samson.Lee@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
The NRC issued amendments to
Facility Operating License Nos. DPR–80
and DPR–82, issued to PG&E for
operation of Diablo Canyon, Units 1 and
2. The amendments avoid an
unnecessary plant shutdown during the
expected time needed to perform
potential repairs to the Unit 1 AFW
system piping that PG&E conservatively
anticipates may be identified during the
Diablo Canyon, Unit 1, Cycle 22,
planned inspections to the AFW system.
Specifically, the amendments provide a
new TS 3.7.5, ‘‘Auxiliary Feedwater
(AFW) System,’’ Condition G, to allow
operation of Diablo Canyon, Unit 1, for
up to 7 days when the AFW system is
aligned in a manner for which current
TS 3.7.5 would require shutdown. The
amendments are only for Cycle 22
during repair of the AFW piping. The
NRC staff finds that the application for
the license amendments complies with
the requirements of the Atomic Energy
Act of 1954, as amended, and the NRC’s
regulations. The NRC staff’s evaluation
may be obtained and examined in
ADAMS under Accession No.
ML20235R635.
In its license amendment request
dated August 12, 2020, the licensee
requested that the proposed
amendments be processed by the NRC
on an exigent basis in accordance with
the provisions in section 50.91(a)(6) of
title 10 of the Code of Federal
Regulations (10 CFR). The licensee
provided the following information to
explain the exigency of the
amendments. Because of localized
corrosion identified on Diablo Canyon,
Unit 2, AFW piping during a recent
Diablo Canyon, Unit 2, maintenance
outage, the licensee intends to perform
inspections of Diablo Canyon, Unit 1,
AFW piping in the near term to ensure
that Diablo Canyon, Unit 1, is not
similarly affected. If similar belowminimum pipe wall thicknesses are
found in the Unit 1 AFW system piping
and elbows that were found in Unit 2,
based on the estimated time-to-repair
gained from the Unit 2 repair, it is likely
that the current TS 3.7.5 Required
Actions B.1 or D.1 would result in the
required shutdown of Unit 1. The TS
3.7.5 change would avoid an
unnecessary plant shutdown during the
expected time needed to perform the
potential repairs and associated postmaintenance inspections and testing to
the Unit 1 AFW system piping. The
licensee stated that it has assessed the
potential extent of the Unit 1 AFW
system piping repairs based on the
required repairs for Unit 2 and is
making its best efforts to make a timely
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Notices
application and has not created the
exigency.
The NRC staff considered the
circumstances and found exigent
circumstances exist in that a licensee
and the Commission must act quickly
because if they do not, the AFW
inspection results could cause a plant
shutdown, and that time did not permit
the Commission to publish a Federal
Register notice allowing 30 days for
prior public comment. The NRC staff
also determined that the amendments
involved no significant hazards
considerations. Under the provisions in
10 CFR 50.91(a)(6), the NRC notifies the
public in one of two ways when exigent
circumstances exist: (1) By issuing a
Federal Register notice providing an
opportunity for hearing and allowing at
least 2 weeks from the date of the notice
for prior public comments; or (2) by
using local media to provide reasonable
notice to the public in the area
surrounding the licensee’s facility. In
this case, the NRC used local media and
published a public notice in the San
Luis Obispo News Tribune, located in
San Luis Obispo, California (https://
www.sanluisobispo.com/), a newspaper
local to the licensee’s facility, on August
16, 2020; August 17, 2020; and August
18, 2020.
The licensee’s supplements dated
August 16, 2020; August 18, 2020; and
August 20, 2020, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the NRC staff’s
original proposed no significant hazards
consideration determination as
published in the San Luis Obispo News
Tribune, located in San Luis Obispo,
California (https://
www.sanluisobispo.com/), on August
16, 2020; August 17, 2020; and August
18, 2020. Public comments were
received and addressed in the NRC
staff’s evaluation.
II. 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/doccollections/cfr/. If a petition is filed, the
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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
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55701
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 Federallyrecognized 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, Federallyrecognized 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
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.
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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.
III. 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 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. 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/sitehelp/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
hearing.docket@nrc.gov, 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
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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 EFiling 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/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree 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,
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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.
IV. Availability of Documents
The following table identifies the
documents cited in this document and
related to the issuance of the
amendments. These documents are
available for public inspection online
through ADAMS at https://
www.nrc.gov/reading-rm/adams.html.
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55703
Document
ADAMS
accession No.
Diablo Canyon Nuclear Power Plant, Units 1 and 2 Issuance of Amendment Nos. 236 and 238 Re: Revision to Technical Specification 3.7.5, ‘Auxiliary Feedwater (AFW) System,’ EXIGENT CIRCUMSTANCES (EPID L–2020–LLA–0176), dated August
31, 2020.
Diablo Canyon Units 1 and 2, License Amendment Request 20–01, Exigent Request for Revision to Technical Specification
3.7.5, ‘Auxiliary Feedwater System,’ dated August 12, 2020.
Diablo Canyon request for additional information: Exigent License Amendment Request for Application to provide a new Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ Condition G (EPID L–2020–LLA–0176), dated August 14, 2020.
Response to NRC Request for Additional Information Regarding ‘‘License Amendment Request 20–01, Exigent Request for Revision to Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ ’’ dated August 16, 2020.
Diablo Canyon additional request for additional information: Exigent License Amendment Request for application to provide a
new Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ Condition G EPID L–2020–LLA–017, dated August 17,
2020.
Diablo Canyon Units 1 and 2 Response to NRC Request for Additional Information Regarding ‘‘License Amendment Request
20–01, Exigent Request for Revision to Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ ’’ dated August 18, 2020.
Diablo Canyon additional request for additional information: Exigent License Amendment Request for application to provide a
new Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ Condition G EPID L–2020–LLA–017 request for additional
information, dated August 20, 2020.
Diablo Canyon, Units 1 and 2—Response to Additional NRC Request for Additional Information Regarding ‘‘License Amendment Request 20–01, Exigent Request for Revision to Technical Specification 3.7.5, ‘Auxiliary Feedwater System,’ response
to request for additional information,’’ dated August 20, 2020.
ML20235R635
Dated: September 3, 2020.
For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Plant Licensing Branch IV, Division
of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2020–19899 Filed 9–8–20; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: 3206–0237,
Information and Instructions on Your
Reconsideration Rights, RI 38–47
Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:
The Retirement Services,
Office of Personnel Management (OPM)
offers the general public and other
Federal agencies the opportunity to
comment on a revised information
collection request RI 38–47, Information
and Instructions on Your
Reconsideration Rights.
DATES: Comments are encouraged and
will be accepted until October 9, 2020.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
Management or sent via electronic mail
to: oira_submission@omb.eop.gov or
faxed to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of this information collection, with
SUMMARY:
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applicable supporting documentation,
may be obtained by contacting the
Retirement Services Publications Team,
Office of Personnel Management, 1900 E
Street NW, Room 3316–L, Washington,
DC 20415, Attention: Cyrus S. Benson,
or sent via electronic mail to
Cyrus.Benson@opm.gov or faxed to
(202) 606–0910 or via telephone at (202)
606–4808.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995 OPM is soliciting comments
for this collection. The information
collection (OMB No. 3206–0237) was
previously published in the Federal
Register on March 23, 2020 at 85 FR
16393, allowing for a 60-day public
comment period. The following
comment was received: ‘‘(a) we
recommend that OPM add a bullet
stating that reconsideration of denied
FEDVIP claims should be sent to the
address shown in the brochure of the
annuitant’s plan and (b) we recommend
that OPM include a telephone number
for annuitants to call if they have
questions about filing for
reconsideration’’. Our response is as
follows: ‘‘The rules for the Federal
Employees Dental and Vision Insurance
Program (FEDVIP) and the Federal
Employees Health Benefits Program
(FEHBP) are different. Therefore, the RI
38–47 does not apply to the FEDVIP and
the recommended comment will not be
added to the form. In addition, a person
who has questions about filing for
reconsideration should contact the
sender on the initial denial letter.’’ The
purpose of this notice is to allow an
additional 30 days for public comments.
The Office of Management and Budget
is particularly interested in comments
that:
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ML20225A303
ML20230A073
ML20229A016
ML20231A237
ML20231A838
ML20234A242
ML20233B187
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
RI 38–47 outlines the procedures
required to request reconsideration of an
initial OPM decision about Civil Service
or Federal Employees retirement,
Federal or Retired Federal Employees
Health Benefits requests to enroll or
change enrollment or Federal
Employees’ Group Life Insurance
coverage. This form lists the procedures
and time periods required for requesting
reconsideration.
Analysis
Agency: Retirement Operations,
Retirement Services, Office of Personnel
Management.
Title: Information and Instructions on
Your Reconsideration Rights.
OMB Number: 3206–0237.
Frequency: On occasion.
Affected Public: Individual or
Households.
Number of Respondents: 3,100.
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]]>Agencies
[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55700-55703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19899]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2020-0207]
Pacific Gas and Electric Company; Diablo Canyon Nuclear Power
Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) approved a
request by Pacific Gas and Electric Company (PG&E, the licensee) for
amendments to Facility Operating License Nos. DPR-80 and DPR-82, issued
to the licensee for operation of the Diablo Canyon Nuclear Power Plant
(Diablo Canyon), Units 1 and 2, located in San Luis Obispo County,
California. The amendments provide a new Technical Specification (TS)
3.7.5, ``Auxiliary Feedwater (AFW) System,'' Condition G, to address a
one-time planned Diablo Canyon, Unit 1, Cycle 22, AFW system alignment
for which current TS 3.7.5 would require shutdown.
DATES: A request for a hearing or petition for leave to intervene must
be filed by November 9, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0207 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0207. Address
questions about 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.
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 reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
FOR FURTHER INFORMATION CONTACT: Samson S. Lee, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3168, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC issued amendments to Facility Operating License Nos. DPR-80
and DPR-82, issued to PG&E for operation of Diablo Canyon, Units 1 and
2. The amendments avoid an unnecessary plant shutdown during the
expected time needed to perform potential repairs to the Unit 1 AFW
system piping that PG&E conservatively anticipates may be identified
during the Diablo Canyon, Unit 1, Cycle 22, planned inspections to the
AFW system. Specifically, the amendments provide a new TS 3.7.5,
``Auxiliary Feedwater (AFW) System,'' Condition G, to allow operation
of Diablo Canyon, Unit 1, for up to 7 days when the AFW system is
aligned in a manner for which current TS 3.7.5 would require shutdown.
The amendments are only for Cycle 22 during repair of the AFW piping.
The NRC staff finds that the application for the license amendments
complies with the requirements of the Atomic Energy Act of 1954, as
amended, and the NRC's regulations. The NRC staff's evaluation may be
obtained and examined in ADAMS under Accession No. ML20235R635.
In its license amendment request dated August 12, 2020, the
licensee requested that the proposed amendments be processed by the NRC
on an exigent basis in accordance with the provisions in section
50.91(a)(6) of title 10 of the Code of Federal Regulations (10 CFR).
The licensee provided the following information to explain the exigency
of the amendments. Because of localized corrosion identified on Diablo
Canyon, Unit 2, AFW piping during a recent Diablo Canyon, Unit 2,
maintenance outage, the licensee intends to perform inspections of
Diablo Canyon, Unit 1, AFW piping in the near term to ensure that
Diablo Canyon, Unit 1, is not similarly affected. If similar below-
minimum pipe wall thicknesses are found in the Unit 1 AFW system piping
and elbows that were found in Unit 2, based on the estimated time-to-
repair gained from the Unit 2 repair, it is likely that the current TS
3.7.5 Required Actions B.1 or D.1 would result in the required shutdown
of Unit 1. The TS 3.7.5 change would avoid an unnecessary plant
shutdown during the expected time needed to perform the potential
repairs and associated post-maintenance inspections and testing to the
Unit 1 AFW system piping. The licensee stated that it has assessed the
potential extent of the Unit 1 AFW system piping repairs based on the
required repairs for Unit 2 and is making its best efforts to make a
timely
[[Page 55701]]
application and has not created the exigency.
The NRC staff considered the circumstances and found exigent
circumstances exist in that a licensee and the Commission must act
quickly because if they do not, the AFW inspection results could cause
a plant shutdown, and that time did not permit the Commission to
publish a Federal Register notice allowing 30 days for prior public
comment. The NRC staff also determined that the amendments involved no
significant hazards considerations. Under the provisions in 10 CFR
50.91(a)(6), the NRC notifies the public in one of two ways when
exigent circumstances exist: (1) By issuing a Federal Register notice
providing an opportunity for hearing and allowing at least 2 weeks from
the date of the notice for prior public comments; or (2) by using local
media to provide reasonable notice to the public in the area
surrounding the licensee's facility. In this case, the NRC used local
media and published a public notice in the San Luis Obispo News
Tribune, located in San Luis Obispo, California (https://www.sanluisobispo.com/), a newspaper local to the licensee's facility,
on August 16, 2020; August 17, 2020; and August 18, 2020.
The licensee's supplements dated August 16, 2020; August 18, 2020;
and August 20, 2020, provided additional information that clarified the
application, did not expand the scope of the application as originally
noticed, and did not change the NRC staff's original proposed no
significant hazards consideration determination as published in the San
Luis Obispo News Tribune, located in San Luis Obispo, California
(https://www.sanluisobispo.com/), on August 16, 2020; August 17, 2020;
and August 18, 2020. Public comments were received and addressed in the
NRC staff's evaluation.
II. 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/. 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
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.
[[Page 55702]]
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.
III. 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.
IV. Availability of Documents
The following table identifies the documents cited in this document
and related to the issuance of the amendments. These documents are
available for public inspection online through ADAMS at https://www.nrc.gov/reading-rm/adams.html.
[[Page 55703]]
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Document ADAMS accession No.
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Diablo Canyon Nuclear Power Plant, Units 1 ML20235R635
and 2 Issuance of Amendment Nos. 236 and
238 Re: Revision to Technical
Specification 3.7.5, `Auxiliary Feedwater
(AFW) System,' EXIGENT CIRCUMSTANCES (EPID
L-2020-LLA-0176), dated August 31, 2020.
Diablo Canyon Units 1 and 2, License ML20225A303
Amendment Request 20-01, Exigent Request
for Revision to Technical Specification
3.7.5, `Auxiliary Feedwater System,' dated
August 12, 2020.
Diablo Canyon request for additional ML20230A073
information: Exigent License Amendment
Request for Application to provide a new
Technical Specification 3.7.5, `Auxiliary
Feedwater System,' Condition G (EPID L-
2020-LLA-0176), dated August 14, 2020.
Response to NRC Request for Additional ML20229A016
Information Regarding ``License Amendment
Request 20-01, Exigent Request for
Revision to Technical Specification 3.7.5,
`Auxiliary Feedwater System,' '' dated
August 16, 2020.
Diablo Canyon additional request for ML20231A237
additional information: Exigent License
Amendment Request for application to
provide a new Technical Specification
3.7.5, `Auxiliary Feedwater System,'
Condition G EPID L-2020-LLA-017, dated
August 17, 2020.
Diablo Canyon Units 1 and 2 Response to NRC ML20231A838
Request for Additional Information
Regarding ``License Amendment Request 20-
01, Exigent Request for Revision to
Technical Specification 3.7.5, `Auxiliary
Feedwater System,' '' dated August 18,
2020.
Diablo Canyon additional request for ML20234A242
additional information: Exigent License
Amendment Request for application to
provide a new Technical Specification
3.7.5, `Auxiliary Feedwater System,'
Condition G EPID L-2020-LLA-017 request
for additional information, dated August
20, 2020.
Diablo Canyon, Units 1 and 2--Response to ML20233B187
Additional NRC Request for Additional
Information Regarding ``License Amendment
Request 20-01, Exigent Request for
Revision to Technical Specification 3.7.5,
`Auxiliary Feedwater System,' response to
request for additional information,''
dated August 20, 2020.
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Dated: September 3, 2020.
For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Plant Licensing Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-19899 Filed 9-8-20; 8:45 am]
BILLING CODE 7590-01-P
