Constellation Energy Generation, LLC; James A. FitzPatrick Nuclear Power Plant; License Amendment Request, 80607-80610 [2024-22828]
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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
which OLMS could continue to
minimize the burden of collecting
information. The Department is also
seeking comments on handling
instances when a consultant or
employer does not provide or does not
have an EIN or a file number given by
OLMS.
If finalized after notice-and-comment,
this ICR revision would require
employers and labor relations
consultants to file their reports, with the
required EIN information, upon OIRA
approval and necessary revisions to the
electronic filing system.
As this proposed form revision
requires a revision to an existing
information collection, the Department
is submitting, contemporaneous with
the publication of the document, an ICR
to amend the burden estimates under
OMB Control Number 1245–0003 and
revise the PRA clearance to address the
clearance term. A copy of this ICR, with
applicable supporting documentation,
including among other items a
description of the likely respondents,
proposed frequency of response, and
estimated total burden, may be obtained
free of charge from the RegInfo.gov
website at: https://www.reginfo.gov/
public/do/PRAOMB
History?ombControlNumber=1245-0003
(this link will be updated following
publication of this proposal) or from the
Department by contacting OLMS at 202–
693–0123 (this is not a toll free
number)/email: OLMS-Public@dol.gov.
Comments submitted in response to
this notice will be considered,
summarized, and/or included in the ICR
the Department will submit to the Office
of Management and Budget for approval
of the information collection request;
they will also become a matter of public
record. Commenters are encouraged not
to submit sensitive information (e.g.,
confidential business information or
personally identifiable information such
as a social security number).
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
This information collection is subject
to the PRA. A Federal agency generally
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cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: Department of Labor, Office
of Labor-Management Standards.
Type of Review: Revision of a
currently approved collection.
Title of Collection: Labor Organization
and Auxiliary Reports.
OMB Control Number: 1245–0003.
Forms: LM–1—Labor Organization
Information Report, LM–2, LM–3, LM–
4—Labor Organization Annual Report,
Simplified Annual Report, LM–10—
Employer Report, LM–15—Trusteeship
Report, LM–15A—Report on Selection
of Delegates and Officers, LM–16—
Terminal Trusteeship Report, LM–20—
Agreement and Activities Report, LM–
21—Receipts and Disbursements Report,
LM–30—Labor Organization Officer and
Employee Report, S–1—Surety
Company Annual Report.
Affected Public: Private Sector—
Business or other for-profits and not-forprofit institutions.
Total Estimated Number of Annual
Respondents: 32,791.
Total Estimated Number of
Responses: 35,067.
Frequency: Varies.
Total Estimated Annual Time Burden:
4,644,740 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3506(c)(2)(A))
Dated: September 27, 2024.
Jeffrey Freund,
Director, Office of Labor-Management
Standards.
[FR Doc. 2024–22805 Filed 10–2–24; 8:45 am]
BILLING CODE 4510–86–P
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80607
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–333; NRC–2024–0177]
Constellation Energy Generation, LLC;
James A. FitzPatrick Nuclear Power
Plant; License Amendment Request
Nuclear Regulatory
Commission.
ACTION: Opportunity to comment,
request a hearing, and petition for leave
to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of amendment to Renewed
Facility Operating License No. DPR–59,
issued to Constellation Energy
Generation, LLC (Constellation, the
licensee), for operation of the James A.
FitzPatrick Nuclear Power Plant. The
amendment would temporarily revise
the technical specifications (TS) for
plant startup with the rod worth
minimizer (RWM) system inoperable.
This allowance would expire December
31, 2024.
DATES: Submit comments by November
4, 2024. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to ensure
consideration only for comments
received on or before this date. Requests
for a hearing or petition for leave to
intervene must be filed by December 2,
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–2024–0177. 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.
FOR FURTHER INFORMATION CONTACT:
Audrey Klett, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
SUMMARY:
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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
0001, telephone: 301–415–0489; email:
Audrey.Klett@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0177 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–2024–0177.
• 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 is available in
ADAMS under Accession No.
ML24269A132.
• 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.
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B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0177 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.
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Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of
amendment to Renewed Facility
Operating License No. DPR–59 (Docket
No. 50–333) issued to Constellation
Energy Generation, LLC for operation of
the James A. FitzPatrick Nuclear Power
Plant, located in Scriba, New York.
The proposed amendment would
temporarily revise TS 3.3.2.1, ‘‘Control
Rod Block Instrumentation.’’ The
proposed amendment would add a
footnote to TS 3.3.2.1, Condition C that
permits reactor startup with the RWM
system inoperable. This allowance
would expire on December 31, 2024.
This temporary allowance would
provide time for the licensee to perform
RWM software enhancements and
adequately resolve an RWM software
issue.
Before 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. Under
the NRC’s regulations in section 50.92 of
title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Issuance of
amendment,’’ this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented 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 RWM bypass allowance
does not involve the modification of any
plant equipment or affect basic plant
operation. The proposed allowances
provide additional time to correct
problems associated with the RWM. In
the event the RWM is inoperable during
reactor startup, the technical
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specification ensures that a licensed
operator or other qualified member of
the technical staff enforce compliance
with the control rod position sequence
developed using the banked position
withdrawal sequence (BPWS).
Applicable compensatory measures will
be implemented in the event the RWM
is inoperable.
The proposed change does not
involve a change to the safety function
of the RWM. The proposed change
involves no significant changes to the
operations of any systems or component
in normal or accident operating
conditions.
Therefore, the proposed amendment
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 RWM bypass allowance
is not a precursor to any accident
previously evaluated. The proposed
change provides additional time to
rectify RWM equipment issues to ensure
that the system implements the control
rod pattern developed using BPWS
methodology. The proposed change is
not required to mitigate the accident
conditions. The proposed change does
not change the safety function. There is
no alteration to the parameters within
which the plant is normally operated.
The RWM bypass allowance for
additional startups is not a precursor to
a new or different kind of accident and
does not initiate new or different kinds
of accidents. As a result, no new failure
modes are being introduced.
Therefore, the proposed amendment
will not create the possibility of a new
or different accident from any accident
previously evaluated.
3. Does the proposed amendment
involve a significant reduction in a
margin of safety?
Response: No.
The margin of safety is established
through the design of the plant
structures, systems, and components,
and administrative controls within
which the plant is operated. The margin
of safety to the consequences of a
control rod drop accident is maintained
through the use of additional
administrative controls described
within the current technical
specification. The establishment for the
control rod insertion and withdrawal
during the startups is manually
controlled with independent
verification by a second licensed reactor
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operator or other qualified member of
the technical staff to ensure compliance
with BPWS, if RWM becomes
inoperable for any reason. Therefore, the
proposed change does not impact the
design basis accidents. The proposed
change does not change the
requirements governing operation or
availability of safety equipment
assumed to operate to preserve the
margin of safety.
Therefore, the licensee stated that the
proposed amendment 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 no
significant hazards consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. Any
comments received within 30 days after
the date of publication of this notice
will be considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day notice period if the Commission
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period if
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example, in derating or shutdown of the
facility. If the Commission takes action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. If the Commission
makes a final no significant hazards
consideration determination, any
hearing will take place after issuance.
The Commission expects that the need
to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any 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
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‘‘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).
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, which
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
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 designated
agency thereof may participate as a nonparty 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.
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80609
IV. Electronic Submissions and 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.
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
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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 tollfree 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 docket 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
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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 September 25, 2024
(ADAMS Accession No. ML24269A132).
Attorney for licensee: Jason Zorn,
Associate General Counsel,
Constellation Energy Generation, LLC,
101 Constitution Ave. NW, Suite 400
East, Washington, DC 20001.
NRC Branch Chief: Hipolito Gonzalez.
Dated: September 30, 2024.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing
Branch I, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2024–22828 Filed 10–2–24; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2024–751 and K2024–44;
MC2024–752 and K2024–45; MC2024–753
and K2024–46; MC2024–754 and K2024–47;
MC2024–755 and K2024–48; MC2024–756
and K2024–49; MC2024–757 and K2024–50;
MC2024–758 and K2024–51; MC2024–759
and K2024–52; MC2024–760 and K2024–53;
MC2024–761 and K2024–54; MC2024–762
and K2024–55; MC2024–763 and K2024–56;
MC2024–764 and K2024–57; MC2024–765
and K2024–58; MC2024–766 and K2024–59]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: October 4,
2024.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
Pursuant to 39 CFR 3041.405, the
Commission gives notice that the Postal
Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2024–751 and
K2024–44; Filing Title: USPS Request to
Add Priority Mail Express, Priority Mail
& USPS Ground Advantage Contract 393
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
E:\FR\FM\03OCN1.SGM
03OCN1
]]>Agencies
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80607-80610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22828]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2024-0177]
Constellation Energy Generation, LLC; James A. FitzPatrick
Nuclear Power Plant; License Amendment Request
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 amendment to Renewed Facility Operating License No. DPR-59,
issued to Constellation Energy Generation, LLC (Constellation, the
licensee), for operation of the James A. FitzPatrick Nuclear Power
Plant. The amendment would temporarily revise the technical
specifications (TS) for plant startup with the rod worth minimizer
(RWM) system inoperable. This allowance would expire December 31, 2024.
DATES: Submit comments by November 4, 2024. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date. Requests for a hearing or petition for leave to intervene
must be filed by December 2, 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-2024-0177. 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: Audrey Klett, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-
[[Page 80608]]
0001, telephone: 301-415-0489; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0177 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-2024-0177.
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 is
available in ADAMS under Accession No. ML24269A132.
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-2024-0177 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 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 amendment to Renewed Facility
Operating License No. DPR-59 (Docket No. 50-333) issued to
Constellation Energy Generation, LLC for operation of the James A.
FitzPatrick Nuclear Power Plant, located in Scriba, New York.
The proposed amendment would temporarily revise TS 3.3.2.1,
``Control Rod Block Instrumentation.'' The proposed amendment would add
a footnote to TS 3.3.2.1, Condition C that permits reactor startup with
the RWM system inoperable. This allowance would expire on December 31,
2024. This temporary allowance would provide time for the licensee to
perform RWM software enhancements and adequately resolve an RWM
software issue.
Before 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. Under
the NRC's regulations in section 50.92 of title 10 of the Code of
Federal Regulations (10 CFR), ``Issuance of amendment,'' this means
that operation of the facility in accordance with the proposed
amendment would not (1) involve a significant increase in the
probability or consequences of an accident previously evaluated; or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated; or (3) involve a significant reduction
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented 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 RWM bypass allowance does not involve the modification
of any plant equipment or affect basic plant operation. The proposed
allowances provide additional time to correct problems associated with
the RWM. In the event the RWM is inoperable during reactor startup, the
technical specification ensures that a licensed operator or other
qualified member of the technical staff enforce compliance with the
control rod position sequence developed using the banked position
withdrawal sequence (BPWS). Applicable compensatory measures will be
implemented in the event the RWM is inoperable.
The proposed change does not involve a change to the safety
function of the RWM. The proposed change involves no significant
changes to the operations of any systems or component in normal or
accident operating conditions.
Therefore, the proposed amendment 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 RWM bypass allowance is not a precursor to any
accident previously evaluated. The proposed change provides additional
time to rectify RWM equipment issues to ensure that the system
implements the control rod pattern developed using BPWS methodology.
The proposed change is not required to mitigate the accident
conditions. The proposed change does not change the safety function.
There is no alteration to the parameters within which the plant is
normally operated. The RWM bypass allowance for additional startups is
not a precursor to a new or different kind of accident and does not
initiate new or different kinds of accidents. As a result, no new
failure modes are being introduced.
Therefore, the proposed amendment will not create the possibility
of a new or different accident from any accident previously evaluated.
3. Does the proposed amendment involve a significant reduction in a
margin of safety?
Response: No.
The margin of safety is established through the design of the plant
structures, systems, and components, and administrative controls within
which the plant is operated. The margin of safety to the consequences
of a control rod drop accident is maintained through the use of
additional administrative controls described within the current
technical specification. The establishment for the control rod
insertion and withdrawal during the startups is manually controlled
with independent verification by a second licensed reactor
[[Page 80609]]
operator or other qualified member of the technical staff to ensure
compliance with BPWS, if RWM becomes inoperable for any reason.
Therefore, the proposed change does not impact the design basis
accidents. The proposed change does not change the requirements
governing operation or availability of safety equipment assumed to
operate to preserve the margin of safety.
Therefore, the licensee stated that the proposed amendment 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 no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period if circumstances change during the 30-day comment period such
that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. If the Commission takes action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
If the Commission makes a final no significant hazards consideration
determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
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).
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, which 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 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 designated 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 and 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
[[Page 80610]]
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 docket 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 September 25, 2024 (ADAMS
Accession No. ML24269A132).
Attorney for licensee: Jason Zorn, Associate General Counsel,
Constellation Energy Generation, LLC, 101 Constitution Ave. NW, Suite
400 East, Washington, DC 20001.
NRC Branch Chief: Hipolito Gonzalez.
Dated: September 30, 2024.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-22828 Filed 10-2-24; 8:45 am]
BILLING CODE 7590-01-P
