[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