[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6609-6611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2321]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-272]


Pilgrim Nuclear Power Station, Entergy Nuclear Operations, 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 (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-35 issued to Entergy Nuclear Operations, Inc. (the licensee) for 
operation of the Pilgrim Nuclear Power Station (Pilgrim), located in 
Plymouth County, Massachusetts.
    The amendment request dated January 15, 2007, supercedes the 
previously submitted license amendment request dated April 12, 2006, 
proposing new Pressure-Temperature (PT) curves and to extend the 
applicability of current PT limits expressed in Technical Specification 
Figures 3.6.1, 3.6.2, and 3.6.3 through the end of operating cycle 18.
    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; (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 change involve a significant increase in 
the probability or

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consequences of an accident previously evaluated?
    Response: No.
    The proposed License Amendment (LA) does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated. There are no physical changes to the 
plant being introduced by the proposed changes to a restriction 
associated with the pressure-temperature curves. The proposed change 
does not modify the reactor coolant pressure boundary, (i.e., there 
are no changes in operating pressure, materials, or seismic 
loading). The proposed change does not adversely affect the 
integrity of the reactor coolant pressure boundary such that its 
function in the control of radiological consequences is affected.
    The current pressure-temperature curves were generated in 
accordance with the fracture toughness requirements of 10 CFR Part 
50, Appendix G, and American Society of Mechanical Engineers (ASME) 
Boiler and Pressure Vessel (B&PV) Code, Section Xl, Appendix G and 
NRC Regulatory Guide 1.99, Revision 2, ``Radiation Embrittlement of 
Reactor Vessel Materials.'' The current pressure-temperature curves 
were established in compliance with the methodology used to 
calculate and predict effects of radiation on embrittlement of 
reactor vessel beltline materials. The use of the proposed pressure-
temperature curves through operating cycle 18 is acceptable because 
sufficient margin exists between the actual Effective Full Power 
Years (EFPYs) and the Effective Full Power Years used to establish 
the 48 EFPY curve. This proposed license amendment provides 
compliance with the intent of 10 CFR Part 50, Appendix G, and 
provides margins of safety that assure reactor vessel integrity.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the [proposed] change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed license amendment does not create the possibility 
of new or different kind of accident from any accident previously 
evaluated. The pressure-temperature curves were generated in 
accordance with the fracture toughness requirements of 10 CFR Part 
50, Appendix G, and ASME B&PV Code, Section Xl, Appendix G. 
Compliance with the proposed pressure-temperature curves will ensure 
the avoidance of conditions in which brittle fracture of primary 
coolant pressure boundary materials is possible because such 
compliance with the current pressure-temperature curves provides 
sufficient protection against a nonductile-type fracture of the 
reactor pressure vessel. No new modes of operation are introduced by 
the proposed change. The proposed change will not create any failure 
mode not bounded by previously evaluated accidents. Further, the 
proposed change does not affect any activities or equipment and is 
not assumed in any safety analysis to initiate any accident 
sequence. Therefore, the proposed change does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The current curves are based on established NRC and ASME 
methodologies in force when LA 197 was approved. The proposed 
license amendment requests the use of the proposed curves for two 
additional operating cycles. This is acceptable because sufficient 
margin exists between actual EFPYs and the EFPYs used in the 
development of the existing curves to yield a conservatism factor 
slightly in excess of 1.8.
    Operation within the current limits ensures that the reactor 
vessel materials will continue to behave in a non-brittle manner, 
thereby preserving the original safety design bases. No plant safety 
limits, set points, or design parameters are adversely affected by 
the proposed changes. Therefore, the proposed change does not 
involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
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 
O1F21, 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

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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 
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 Travis C. McCullough, 
Assistant General Counsel, Entergy Nuclear Operations, Inc., 400 
Hamilton Avenue, White Plains, NY 10601, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated January 15, 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 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 5th day of February 2007.
    For the Nuclear Regulatory Commission.
James Kim,
Project Manager, Plant Licensing Branch I-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-2321 Filed 2-9-07; 8:45 am]
BILLING CODE 7590-01-P