[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5303-5305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1784]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Dominion Energy Kewaunee, Inc.; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-43 issued to Dominion Energy Kewaunee, Inc. (the licensee) for 
operation of the Kewaunee Power Station (KPS) located in Kewaunee 
County, Wisconsin.
    The proposed amendment would modify KPS Technical Specification 
(TS) 4.6.a.5 to permit performance of the emergency diesel generator 
rated load test at a reduced load consistent with the short-time rating 
for the emergency diesel generators.
    Before issuance of the proposed license amendment, 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 amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No.
    The proposed changes do not affect any of the previously 
evaluated accidents in the Updated Safety Analysis Report (USAR). 
The proposed change is to make the EDG test specified by TS 4.6.a.5 
(referred to as the short-time or short-term test) consistent with 
IEEE 387-1977, Regulatory Guide 1.9-1993, and NUREG 1431, Revision 
3.1. The proposed amendment increases the total EDG test run time 
from 2 hours to 24 hours and decreases the maximum load value for 
the 2-hour portion of the test from 113.7% of continuous duty (2950 
kW) to 110% of continuous duty (2860 kW). The proposed amendment 
also adds a specification to run the EDG loaded to a maximum of its 
continuous duty load (2600 kW) for the remainder of the 24 hours.
    The KPS (EDGs) are designed to supply electrical power to 
engineered safety features (ESF) electrical busses in the event of a 
loss of normal power sources to these busses. The ESFs are designed 
to mitigate the consequences of an accident. The EDGs are not an 
accident initiator, and thus the proposed changes do not affect the 
probability of an accident previously

[[Page 5304]]

evaluated in the USAR. The purpose of the EDGs is to supply reliable 
power at rated voltage and frequency to ESF equipment that is used 
to mitigate the consequences of an accident. The proposed amendment 
modifies one of the EDG surveillances to make it consistent with 
IEEE 387-1977, Regulatory Guide 1.9-1993, and NUREG 1431, Rev 3.1. 
The change does not reduce the reliability of the EDGs because the 
modified testing requirements will continue to assure their 
necessary quality and demonstrate that the EDGs are capable of 
performing their intended safety function. The EDG will continue to 
supply reliable power to the ESF equipment as required by the USAR 
accident analysis. Because the EDG will continue to supply the ESF 
power requirements and the change does not reduce the reliability of 
the EDGs, there is not a significant increase in the consequences of 
an accident previously evaluated. 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?
    No.
    The proposed amendment does not change the design function or 
operation of the EDGs. The proposed amendment would not change the 
methods of starting, loading, or monitoring the EDGs during testing 
in a manner that could create the possibility of a new or different 
kind of accident than previously evaluated. The proposed amendment 
would alter the run time for the EDG's when tested and the load at 
which the EDG's are tested. However, no new equipment is being added 
or changed as a result of the proposed amendment.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    No.
    The proposed amendment does not change the EDG output 
characteristics. The EDG will remain capable of supplying the output 
necessary to meet post-accident loading requirements. The proposed 
amendment would change the length of the surveillance test and the 
load on the EDGs during the test. However, these changes are 
consistent with accepted industry standards contained in IEEE 387-
1977, Regulatory Guide 1.9-1993, and NUREG 1431.
    Therefore, 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 
amendment request involves 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 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 period provided that its final determination is that 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 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, Rulemaking, 
Directives and Editing 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 amendment 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 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

[[Page 5305]]

material issue of law or fact. Contentions shall be limited to matters 
within the scope of the amendment 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 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 held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves 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 Bradley D. Jackson, Esq., 
Foley and Lardner, P.O. Box 1497, Madison, WI 53701-1497 the attorney 
for the licensee.
    For further details with respect to this action, see the 
application for amendment dated January 10, 2007, which is available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public 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 29th day of January 2007.

    For The Nuclear Regulatory Commission.
Patrick D. Milano,
Acting Chief, Plant Licensing Branch III-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-1784 Filed 2-2-07; 8:45 am]
BILLING CODE 7590-01-P