[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Notices]
[Pages 28390-28392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7497]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-280 and 50-281]


Virginia Electric and Power Company (Dominion); Surry Power 
Station, Unit Nos. 1 and 2; Notice of Consideration of Issuance of 
Amendments to Facility Operating Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
DPR-32 and DPR-37, issued to Virginia Electric and Power Company (the 
licensee), for operation of the Surry Power Station, Unit Nos. 1 and 2, 
located in Surry County, Virginia.
    The proposed amendments would add a requirement to Title 10 of the 
Code of Federal Regulations, (10 CFR) part 50 license to restrict the 
minimum cooling time and burnup of spent fuel assemblies that will be 
placed into storage in the NUHOMS HD spent fuel dry storage system at 
Surry 1 and 2 starting in the summer of 2006. Specifically, the 
proposed amendments would add Figure 5.4-2 to the Technical 
Specifications (TSs) to ensure that the NUHOMS HD canister remains 
subcritical during operations in the Surry 1 and 2 spent fuel pool.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the 
amendments request involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR part 50, Sec.  50.92, this means 
that operation of the facility in accordance with the proposed 
amendment would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    (1) The probability of occurrence or the consequences of an 
accident previously evaluated is not significantly increased.
    Operation under 10 CFR 50.68 for use of the NUHOMS HD system and 
implementation of additional requirements on the cooling time and 
burnup of fuel that is to be loaded into the NUHOMS HD 32PTH DSC 
[Dry Shielded Canister] will not require any physical changes to 
Part 50 structures, systems, or components, nor will there be any 
changes to the performance requirements of existing structures, 
systems, or components. Handling of spent fuel storage casks has 
previously been evaluated for Surry. When older cask designs stored 
under the Surry ISFSI [Independent Spent Fuel Storage Installation] 
site specific license are returned to the station, they will be 
handled and controlled in the same manner as the initial loading and 
movement of these casks. The response of the plant to previously 
analyzed Part 50 accidents is not adversely impacted, and current 
analyses of radiological releases, including those for the fuel 
handling accident, will continue to bound activities related to 
spent fuel cask loading, handling, and storage.
    (2) The possibility of a new or different kind of accident from 
any accident previously evaluated is not created.
    Neither fuel handling nor the loading and handling of the NUHOMS 
HD 32PTH DSC will be affected by operation under 10 CFR 50.68(b) or 
by placing additional constraints on selection of fuel to be stored 
in the DSC. When older cask designs stored under the Surry ISFSI 
site specific license are returned to the station, they will be 
handled and controlled in the same manner as the initial loading and 
movement of these casks. The existing process used to ensure that 
fuel assemblies selected for dry storage comply with the specific 
cask and ISFSI licensing requirements will be used to select the 
fuel assemblies to be placed in the NUHOMS HD 32PTH DSC. The 
requirements of the proposed new Technical Specification will only 
represent additional limitations that must be considered during this 
selection process.
    (3) There is not a significant reduction in a margin of safety.
    The Code of Federal Regulations identifies compliance with 10 
CFR 50.68(b) as an acceptable alternative to compliance with 10 CFR 
70.24. The emphasis of 10 CFR 70.24 is on detection of criticality 
events, while the requirements of 10 CFR 50.68(b) emphasize 
prevention of inadvertent criticality events. Operation under 10 CFR 
50.68(b) is therefore preferable to ensure that Surry complies with 
the intent of General Design Criterion 62, which specifically 
directs that criticality should be prevented during fuel storage and 
handling. The existing criticality limits for the Surry Spent Fuel 
Pool and New Fuel Storage Area will be maintained. The NUHOMS HD 
spent fuel storage system is currently under review for general 
licensing, and has been shown to comply with the criticality 
requirements identified in 10 CFR part 72. Compliance with the 
proposed Surry Technical Specification will further ensure that the 
system remains safely subcritical during all handling and storage 
operations (e.g., load, unloading, handling, decontamination, etc.) 
that are conducted at the station prior to transfer of the DSC to 
the ISFSI, even under the more restrictive condition of assuming the 
DSC is fully loaded with fuel of the maximum allowable

[[Page 28391]]

reactivity and flooded with unborated water. Application of a fuel 
burnup credit in this criticality analysis ensures that the full 
soluble boron concentration required in the Spent Fuel Pool water by 
Surry plant Technical Specifications is available to provide defense 
in depth to an inadvertent criticality event. The older cask designs 
stored under the Surry ISFSI site specific license will be handled 
in the same manner used to initially load and move these casks, and 
the criticality requirements that were previously determined to be 
acceptable for safe loading, unloading and handling of these casks 
will remain applicable.
    Based on the above discussion, Surry operation under 10 CFR 
50.68(b) and implementation of the proposed Technical Specification 
for use of the NUHOMS HD dry storage system, and continued handling 
of older cask designs under the original licensing basis for these 
casks, will not involve a significant increase in the probability or 
consequences of an accident previously evaluated. The possibility of 
a new or different kind of accident from any accident previously 
evaluated is also not created, and there is no significant reduction 
in a margin of safety. Therefore the requirements of 10 CFR 50.92(c) 
are met, and there is not a significant hazards consideration.

    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 
amendments request involve no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendments until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendments before expiration of the 
60-day period provided that its final determination is that the 
amendments involve no significant hazards consideration. In addition, 
the Commission may issue the amendments prior to the expiration of the 
30-day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and should cite the publication date and page number of 
this Federal Register notice. Written comments may also be delivered to 
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document Room 
(PDR), located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    Within 60 days after the date of publication of this notice, the 
licensee may file a request for a hearing with respect to issuance of 
the amendments to the subject facility operating license and any person 
whose interest may be affected by this proceeding and who wishes to 
participate as a party in the proceeding must file a written request 
for a hearing and a petition for leave to intervene. Requests for a 
hearing and a petition for leave to intervene shall be filed in 
accordance with the Commission's ``Rules of Practice for Domestic 
Licensing Proceedings'' in 10 CFR part 2. Interested persons should 
consult a current copy of 10 CFR 2.309, which is available at the 
Commission's PDR, located at One White Flint North, Public File Area 
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room (PDR) on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing 
or petition for leave to intervene is filed by the above date, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestors/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner/requestor must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
amendments under consideration. The contention must be one which, if 
proven, would entitle the petitioner to relief. A petitioner/requestor 
who fails to satisfy these requirements with respect to at least one 
contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendments request involve no 
significant hazards consideration, the Commission may issue the 
amendments and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing

[[Page 28392]]

held would take place after issuance of the amendments. If the final 
determination is that the amendments request involve a significant 
hazards consideration, any hearing held would take place before the 
issuance of any amendment.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A request for a hearing or a petition for leave to intervene must 
be filed by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; (2) courier, express mail, and expedited delivery services: 
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff; (3) E-mail addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, [email protected]; 
or (4) facsimile transmission addressed to the Office of the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and it is requested that copies be transmitted either by 
means of facsimile transmission to 301-415-3725 or by e-mail to 
[email protected]. A copy of the request for hearing and petition 
for leave to intervene should also be sent to the Ms. Lillian M. Cuoco, 
Esquire, Senior Counsel, Dominion Resources Services, Inc., Building 
475, 5th Floor, Rope Ferry Road, Waterford, Connecticut 06385, attorney 
for the licensee.
    For further details with respect to this action, see the 
application for amendment dated February 14, 2006, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible from the Agencywide Documents Access and Management System's 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 1st day of May, 2006.

    For the Nuclear Regulatory Commission.

Stephen R. Monarque,
Project Manager, Plant Licensing Branch II-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-7497 Filed 5-15-06; 8:45 am]
BILLING CODE 7590-01-P