Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station, Unit 1; License Amendment Application, 5267-5270 [2024-01529]
Download as PDF
Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Notices
added to the distribution, please contact
the Nuclear Regulatory Commission,
Office of the Secretary, Washington, DC
20555, at 301–415–1969, or by email at
Betty.Thweatt@nrc.gov or
Samantha.Miklaszewski@nrc.gov.
MATTERS TO BE CONSIDERED:
Week of January 29, 2024
Wolf Creek Nuclear Operating
Corporation; Wolf Creek Generating
Station, Unit 1; License Amendment
Application
Nuclear Regulatory
Commission.
Week of February 5, 2024—Tentative
ACTION:
Week of February 12, 2024—Tentative
There are no meetings scheduled for
the week of February 12, 2024.
Week of February 19, 2024—Tentative
Thursday, February 22, 2024
9:00 a.m. Update on Research and Test
Reactors Regulatory Program (Public
Meeting) (Contact: Wesley Deschaine:
404–997–5301)
Additional Information: The meeting
will be held in the Commissioners’
Conference Room, 11555 Rockville Pike,
Rockville, Maryland. The public is
invited to attend the Commission’s
meeting in person or watch live via
webcast at the Web address—https://
video.nrc.gov/.
Week of February 26, 2024—Tentative
There are no meetings scheduled for
the week of February 26, 2024.
Week of March 4, 2024—Tentative
There are no meetings scheduled for
the week of March 4, 2024.
CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Wesley Held
at 301–287–3591 or via email at
Wesley.Held@nrc.gov.
The NRC is holding the meetings
under the authority of the Government
in the Sunshine Act, 5 U.S.C. 552b.
Dated: January 24, 2024.
For the Nuclear Regulatory Commission.
Wesley W. Held,
Policy Coordinator, Office of the Secretary.
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[Docket No. 50–482; NRC–2024–0028]
AGENCY:
There are no meetings scheduled for
the week of February 5, 2024.
I. Obtaining Information and
Submitting Comments
NUCLEAR REGULATORY
COMMISSION
There are no meetings scheduled for
the week of January 29, 2024.
Opportunity to comment,
request a hearing, and petition for leave
to intervene.
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License No. NPF–42,
issued to Wolf Creek Nuclear Operating
Corporation, for operation of the Wolf
Creek Generating Station, Unit 1. The
proposed amendment would modify the
implementation date of License
Amendment No. 238 for Wolf Creek
Generating Station, Unit 1.
SUMMARY:
Submit comments by February
26, 2024. Request for a hearing or
petitions for leave to intervene must be
filed by March 26, 2024.
DATES:
You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0028. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. 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.
ADDRESSES:
[FR Doc. 2024–01729 Filed 1–24–24; 4:15 pm]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7590–01–P
Samson 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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A. Obtaining Information
Please refer to Docket ID NRC–2024–
0028 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–2024–0028.
• 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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The license
amendment request to modify the
implementation date of License
Amendment No. 238 is available in
ADAMS under Accession No.
ML24018A248.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0028 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 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
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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. NPF–42, issued
to Wolf Creek Nuclear Operating
Corporation, for operation of the Wolf
Creek Generating Station, Unit 1,
located in Coffey County, Kansas.
By letter dated August 31, 2023
(ADAMS Accession No. ML23165A250),
the NRC issued Amendment No. 237 to
Renewed Facility Operating License No.
NPF–42 for the Wolf Creek Generating
Station, Unit 1. The amendment revised
License Condition 2.C.(5), ‘‘Fire
Protection (Section 9.5.1, SER [Safety
Evaluation Report], Section 9.5.1.8,
SSER [Supplement to SER] #5),’’ and the
Updated Safety Analysis Report to allow
the use of hard hat mounted portable
lights as the primary emergency lighting
means in certain fire areas for
illuminating safe shutdown equipment,
and access and egress routes to the
equipment. By letter dated October 19,
2023 (ADAMS Accession No.
ML23292A357), Wolf Creek Nuclear
Operating Corporation requested
correction of the NRC staff safety
evaluation (SE) for Amendment No. 237.
Wolf Creek Nuclear Operating
Corporation stated that it could not
implement the amendment as described
in the SE, and requested modification of
the implementation date for
Amendment No. 237. By letter dated
November 29, 2023 (ADAMS Accession
No. ML23299A266), the NRC issued
Amendment No. 238 to extend the
implementation date for Amendment
No. 237 to February 27, 2024, as
requested. By letter dated January 18,
2024 (ADAMS Accession No.
ML24018A248), Wolf Creek Nuclear
Operating Corporation stated that
additional time is necessary to
implement Amendment No. 237, and
requested modification of the
implementation date from February 27,
2024, to February 27, 2025.
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration
(NSHC). 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
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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 NSHC, which is
presented as follows:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed modification to provide an
additional year for implementation for
License Amendment Number 237 does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated. The existing Fire
Protection Program will remain in effect
during the modified implementation period.
The current Fire Protection program and
associated post-fire operator manual actions
for a fire outside the control room will
continue to remain feasible and reliable,
demonstrating that the plant can be safely
shutdown in the event of a fire. The use of
the existing Fire Protection Program will not
adversely affect the performance of operator
manual actions in support of applicable
procedures.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed modification to provide an
additional year for implementation for
License Amendment Number 237 does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated. The existing Fire
Protection Program will remain in effect
during the modified implementation period.
Considering the current Fire Protection
remains in place, no physical alteration of
the plant will occur and does not result in
the installation of any new or different kind
of equipment.
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 amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed modification to provide an
additional year for implementation for
License Amendment Number 237 is not a
reduction in a margin of safety. The existing
Fire Protection
Program will remain in effect during the
modified implementation period and has an
acceptable margin of safety and has been
approved by the NRC.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
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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 NSHC.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves
NSHC. 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 notice
period). However, if circumstances
change during the notice period, such
that failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
notice period, provided that its final
determination is that the amendment
involves NSHC. The final determination
will consider all public and State
comments received. 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. 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 person
(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 10 CFR 2.309. If
a petition is filed, the presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than
60 days from the date of publication of
this notice in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. 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).
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If a hearing is requested and the
Commission has not made a final
determination on the issue of NSHC, the
Commission will make a final
determination on the issue of NSHC,
which will serve to establish when the
hearing is held. If the final
determination is that the amendment
request involves NSHC, 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
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h) no later than 60 days from the
date of publication of this notice.
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).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 (https://
adamswebsearch2.nrc.gov/webSearch2/
main.jsp?AccessionNumber=
ML20340A053) and on the NRC’s public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/hearing.
html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. 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, unless an
exemption permitting an alternative
filing method, as further discussed, is
granted. Detailed guidance on electronic
submissions is located in the ‘‘Guidance
for Electronic Submissions to the NRC’’
(ADAMS Accession No. ML13031A056)
and on the NRC’s public website at
https://www.nrc.gov/site-help/esubmittals.html.
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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 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. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on
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. ET on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email confirming
receipt of the document. The E-Filing
system also distributes an email 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 to 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 toll-
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free call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., ET, Monday
through Friday, except Federal holidays.
Participants who believe that they
have 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 in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued digital ID certificate as
previously described, 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. 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 should not include
copyrighted materials in their
submission.
For further details with respect to this
action, see the application for license
amendment dated January 18, 2024
(ADAMS Accession No. ML24018A248).
Attorney for licensee: Chris Johnson,
Corporate Counsel Directory, Evergy,
One Kansas City Place, 1KC—Missouri
HQ 16, 1200 Main Street, Kansas City,
MO 64105.
NRC Branch Chief: Jennivine K.
Rankin.
Dated: January 22, 2024.
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Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Notices
For the Nuclear Regulatory Commission.
Samson Lee,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2024–01529 Filed 1–25–24; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Federal Prevailing Rate Advisory
Committee Virtual Public Meeting
Office of Personnel
Management.
ACTION: Notice.
AGENCY:
According to the provisions of
section 10 of the Federal Advisory
Committee Act, notice is hereby given
that a virtual meeting of the Federal
Prevailing Rate Advisory Committee
will be held on Thursday, February 15,
2024. There will be no in-person
gathering for this meeting.
DATES: The virtual meeting will be held
on February 15, 2024, beginning at 10
a.m. (ET).
ADDRESSES: The meeting will convene
virtually.
SUMMARY:
Ana
Paunoiu, 202–606–2858, or email payleave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The
Federal Prevailing Rate Advisory
Committee is composed of a Chair, five
representatives from labor unions
holding exclusive bargaining rights for
Federal prevailing rate employees, and
five representatives from Federal
agencies. Entitlement to membership on
the Committee is provided for in 5
U.S.C. 5347.
The Committee’s primary
responsibility is to review the Prevailing
Rate System and other matters pertinent
to establishing prevailing rates under
subchapter IV, chapter 53, 5 U.S.C., as
amended, and from time to time advise
the Office of Personnel Management.
Annually, the Chair compiles a report
of pay issues discussed and concluded
recommendations. These reports are
available to the public. Reports for
calendar years 2008 to 2022 are posted
at https://www.opm.gov/fprac. Previous
reports are also available, upon written
request to the Committee.
The public is invited to submit
material in writing to the Chair on
Federal Wage System pay matters felt to
be deserving of the Committee’s
attention. Additional information on
these meetings may be obtained by
contacting the Committee at Office of
Personnel Management, Federal
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FOR FURTHER INFORMATION CONTACT:
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Prevailing Rate Advisory Committee,
Room 7H31, 1900 E Street NW,
Washington, DC 20415, (202) 606–2858.
This meeting is open to the public,
with an audio option for listening. This
notice sets forth the participation
guidelines for the meeting.
Meeting Agenda. The committee
meets to discuss various agenda items
related to the determination of
prevailing wage rates for the Federal
Wage System. The committee’s agenda
is approved one week prior to the public
meeting and will be available upon
request at that time.
Public Participation: The February 15,
2024, meeting of the Federal Prevailing
Rate Advisory Committee is open to the
public through advance registration.
Public participation is available for the
meeting. All individuals who plan to
attend the virtual public meeting to
listen must register by sending an email
to pay-leave-policy@opm.gov with the
subject line ‘‘February 15, 2024’’ no
later than Tuesday, February 13, 2024.
The following information must be
provided when registering:
• Name.
• Agency and duty station.
• Email address.
• Your topic of interest.
Members of the press, in addition to
registering for this event, must also
RSVP to media@opm.gov by February
13, 2024.
A confirmation email will be sent
upon receipt of the registration. Audio
teleconference information for
participation will be sent to registrants
the morning of the virtual meeting.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
[FR Doc. 2024–01590 Filed 1–25–24; 8:45 am]
BILLING CODE 6325–39–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
35095; 812–15468]
AB CarVal Opportunistic Credit Fund,
et al.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice.
AGENCY:
Notice of an application under section
6(c) of the Investment Company Act of
1940 (the ‘‘Act’’) for an exemption from
sections 18(a)(2), 18(c) and 18(i) of the
Act, under sections 6(c) and 23(c) of the
Act for an exemption from rule 23c–3
under the Act, and for an order pursuant
to section 17(d) of the Act and rule 17d–
1 under the Act.
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Applicants
request an order to permit certain
registered closed-end investment
companies to issue multiple classes of
shares and to impose asset-based
distribution and/or service fees and
early withdrawal charges.
APPLICANTS: AB CarVal Opportunistic
Credit Fund, AB CarVal Investors, L.P.,
AB Multi-Manager Alternative Fund,
AllianceBernstein L.P., Sanford C.
Bernstein & Company, LLC, and
AllianceBernstein Investments, Inc.
FILING DATES: The application was filed
on May 22, 2023, and amended on
August 4, 2023.
HEARING OR NOTIFICATION OF HEARING: An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing on any application by
emailing the SEC’s Secretary at
Secretarys-Office@sec.gov and serving
the Applicants with a copy of the
request by email, if an email address is
listed for the relevant Applicant below,
or personally or by mail, if a physical
address is listed for the relevant
Applicant below. Hearing requests
should be received by the Commission
by 5:30 p.m. on February 16, 2024, and
should be accompanied by proof of
service on the Applicants, in the form
of an affidavit, or, for lawyers, a
certificate of service. Pursuant to rule 0–
5 under the Act, hearing requests should
state the nature of the writer’s interest,
any facts bearing upon the desirability
of a hearing on the matter, the reason for
the request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
emailing the Commission’s Secretary.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov. Applicants:
William Bielefeld, Esq., Dechert LLP,
William.bielefeld@dechert.com with a
copy to Matthew Bogart, Esq., AB
CarVal Opportunistic Credit Fund.
FOR FURTHER INFORMATION CONTACT:
Stephan N. Packs, Senior Counsel, or
Terri G. Jordan, Branch Chief, at (202)
551–6825 (Division of Investment
Management, Chief Counsel’s Office).
SUPPLEMENTARY INFORMATION: For
Applicants’ representations, legal
analysis, and conditions, please refer to
Applicants’ First Amended and Restated
Application, dated August 4, 2023,
which may be obtained via the
Commission’s website by searching for
the file number at the top of this
document, or for an Applicant using the
Company name search field on the
SEC’s EDGAR system. The SEC’s
EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/
SUMMARY OF APPLICATION:
E:\FR\FM\26JAN1.SGM
26JAN1
Agencies
[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5267-5270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01529]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482; NRC-2024-0028]
Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating
Station, Unit 1; License Amendment Application
AGENCY: Nuclear Regulatory Commission.
ACTION: 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. NPF-
42, issued to Wolf Creek Nuclear Operating Corporation, for operation
of the Wolf Creek Generating Station, Unit 1. The proposed amendment
would modify the implementation date of License Amendment No. 238 for
Wolf Creek Generating Station, Unit 1.
DATES: Submit comments by February 26, 2024. Request for a hearing or
petitions for leave to intervene must be filed by March 26, 2024.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0028. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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: Samson 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. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0028 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-2024-0028.
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, at 301-415-4737,
or by email to [email protected]. The license amendment request to
modify the implementation date of License Amendment No. 238 is
available in ADAMS under Accession No. ML24018A248.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0028 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 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
[[Page 5268]]
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. NPF-42, issued to Wolf Creek Nuclear Operating
Corporation, for operation of the Wolf Creek Generating Station, Unit
1, located in Coffey County, Kansas.
By letter dated August 31, 2023 (ADAMS Accession No. ML23165A250),
the NRC issued Amendment No. 237 to Renewed Facility Operating License
No. NPF-42 for the Wolf Creek Generating Station, Unit 1. The amendment
revised License Condition 2.C.(5), ``Fire Protection (Section 9.5.1,
SER [Safety Evaluation Report], Section 9.5.1.8, SSER [Supplement to
SER] #5),'' and the Updated Safety Analysis Report to allow the use of
hard hat mounted portable lights as the primary emergency lighting
means in certain fire areas for illuminating safe shutdown equipment,
and access and egress routes to the equipment. By letter dated October
19, 2023 (ADAMS Accession No. ML23292A357), Wolf Creek Nuclear
Operating Corporation requested correction of the NRC staff safety
evaluation (SE) for Amendment No. 237. Wolf Creek Nuclear Operating
Corporation stated that it could not implement the amendment as
described in the SE, and requested modification of the implementation
date for Amendment No. 237. By letter dated November 29, 2023 (ADAMS
Accession No. ML23299A266), the NRC issued Amendment No. 238 to extend
the implementation date for Amendment No. 237 to February 27, 2024, as
requested. By letter dated January 18, 2024 (ADAMS Accession No.
ML24018A248), Wolf Creek Nuclear Operating Corporation stated that
additional time is necessary to implement Amendment No. 237, and
requested modification of the implementation date from February 27,
2024, to February 27, 2025.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration (NSHC).
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 NSHC, which is presented as follows:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed modification to provide an additional year for
implementation for License Amendment Number 237 does not involve a
significant increase in the probability or consequences of an
accident previously evaluated. The existing Fire Protection Program
will remain in effect during the modified implementation period.
The current Fire Protection program and associated post-fire
operator manual actions for a fire outside the control room will
continue to remain feasible and reliable, demonstrating that the
plant can be safely shutdown in the event of a fire. The use of the
existing Fire Protection Program will not adversely affect the
performance of operator manual actions in support of applicable
procedures.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed modification to provide an additional year for
implementation for License Amendment Number 237 does not create the
possibility of a new or different kind of accident from any accident
previously evaluated. The existing Fire Protection Program will
remain in effect during the modified implementation period.
Considering the current Fire Protection remains in place, no
physical alteration of the plant will occur and does not result in
the installation of any new or different kind of equipment.
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 amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed modification to provide an additional year for
implementation for License Amendment Number 237 is not a reduction
in a margin of safety. The existing Fire Protection
Program will remain in effect during the modified implementation
period and has an acceptable margin of safety and has been approved
by the NRC.
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
license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves NSHC. 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
notice period). However, if circumstances change during the notice
period, such that failure to act in a timely way would result, for
example, in derating or shutdown of the facility, the Commission may
issue the license amendment before the expiration of the notice period,
provided that its final determination is that the amendment involves
NSHC. The final determination will consider all public and State
comments received. 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. 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
person (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 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
[[Page 5269]]
If a hearing is requested and the Commission has not made a final
determination on the issue of NSHC, the Commission will make a final
determination on the issue of NSHC, which will serve to establish when
the hearing is held. If the final determination is that the amendment
request involves NSHC, 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 designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
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).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on 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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated January 18, 2024 (ADAMS
Accession No. ML24018A248).
Attorney for licensee: Chris Johnson, Corporate Counsel Directory,
Evergy, One Kansas City Place, 1KC--Missouri HQ 16, 1200 Main Street,
Kansas City, MO 64105.
NRC Branch Chief: Jennivine K. Rankin.
Dated: January 22, 2024.
[[Page 5270]]
For the Nuclear Regulatory Commission.
Samson Lee,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-01529 Filed 1-25-24; 8:45 am]
BILLING CODE 7590-01-P