[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67323-67325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23131]


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NUCLEAR REGULATORY COMMISSION

 [Docket Nos. 50-250 and 50-251]


Florida Power and Light Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating Licenses, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-31, issued to Florida Power and Light Company (FPL, the licensee), 
for operation of the Turkey Point Nuclear Plant, Units 3 and 4, located 
in Miami-Dade County, Florida.
    The proposed amendment would revise Technical Specification (TS) 
3.1.3.2, on a permanent basis to allow the use of an alternate method 
of determining rod position for a control rod or shutdown rod with an 
inoperable rod position indicator (RPI). The proposed alternate method 
of monitoring the stationary gripper coil voltage has been previously 
submitted by FPL per References 1, 2 and 3, and approved by the NRC for 
use at Turkey Point Units 3 and 4. The NRC approved the alternate 
method for monitoring rod position on October 5, 2006, by issuance of 
License Amendment 230 for Turkey Point Unit 3 for control rod M-6 in 
Control Rod Bank C during Cycle 22 operation. The licensee indicated 
the need for expedited review of this amendment due to the 
unanticipated failure of the Turkey Point Unit 3 Analog RPI for control 
rod F-2 in Control Rod Bank B. The proposed amendment will revise TS 
3.1.3.2 on a permanent basis to allow use of an alternate method of 
monitoring rod position for a control rod or shutdown rod with an 
inoperable RPI. Additionally, there is a concern that exercising the 
movable incore detectors every 8 hours (90 times per month) to comply 
with the compensatory actions required by the current Action Statement 
a. of TS 3.1.3.2 will result in excessive wear. In summary, the 
proposed change will add new requirements to allow alternate monitoring 
of the rod position when the analog RPI is not operable. This allowance 
can only be used for one rod indication per unit and can only be used 
until the next opportunity to safely correct the problem. The alternate 
method of monitoring rod position provides reasonable indication of rod 
position without subjecting the movable incore detectors to excessive 
wear.
    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. Will operation of the facility in accordance with this 
proposed change involve a significant increase in the probability or 
consequences of an accident previously evaluated?
    No. The proposed change provides an alternative method for 
verifying rod position of one control rod or shutdown rod with an 
inoperable rod position indicator (RPI). The proposed change meets 
the intent of the current specification in that it ensures 
verification of position of the control rod or shutdown rod within 
one hour of unintended rod motion and at least once every eight (8) 
hours. The proposed change provides only an alternative method of 
monitoring control rod position and does not change the assumption 
or results of any previously evaluated accident.
    Therefore, operation of the facility in accordance with the 
proposed amendment would not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Will operation of the facility in accordance with this 
proposed change create the possibility of a new or different kind of 
accident from any accident previously evaluated?
    No. As described above, the proposed change provides only an 
alternative method of determining the position of one control rod or 
shutdown rod with an inoperable RPI. No new accident initiators are 
introduced by the proposed alternative manner of performing rod 
position verification. The proposed change does not affect the 
reactor protection system or the reactor control system. Hence, no 
new failure modes are created that would cause a new or different 
kind of accident from any accident previously evaluated.
    Therefore, operation of the facility in accordance with the 
proposed amendments would not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Will operation of the facility in accordance with this 
proposed change involve a significant reduction in a margin of 
safety?
    No. The bases of Specification 3.1.3.2 state that the 
operability of the rod position indicators is required to determine 
control rod positions and thereby ensure compliance with the control 
rod alignment and insertion limits. The proposed change does not 
alter the requirement to determine rod position but provides an 
alternative method for determining the position of control rod or 
shutdown rod with an inoperable RPI. As a result, the initial 
conditions of the accident analysis are preserved and the 
consequences of previously analyzed accidents are unaffected.
    Therefore, operation of the facility in accordance with the 
proposed amendments would not involve a significant reduction in the 
margin of safety. Therefore, operation of the facility in accordance 
with the proposed amendments would not involve a significant 
reduction in the 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 comment 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

[[Page 67324]]

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 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.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
requires participants to submit and serve documents over the internet 
or in some cases to mail copies on electronic storage media. 
Participants may not submit paper copies of their filings unless they 
seek a waiver in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
five (5) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
in which the petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer\TM\ to 
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ is free and is available 
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. 
Information about applying for a digital ID certificate is available on 
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. Once a petitioner/requestor has obtained a 
digital ID certificate, had a docket created, and downloaded the EIE 
viewer, it can then submit a request for hearing or petition for leave 
to intervene. Submissions should be in Portable Document Format (PDF) 
in accordance with NRC guidance available on the NRC public Web site at 
http://www.nrc.gov/site-help/e-

[[Page 67325]]

submittals.html. A filing is considered complete at the time the filer 
submits its documents through EIE. To be timely, an electronic filing 
must be submitted to the EIE system no later than 11:59 p.m. Eastern 
Time on the due date. Upon receipt of a transmission, the E-Filing 
system time-stamps the document and sends the submitter an e-mail 
notice confirming receipt of the document. The EIE system also 
distributes an e-mail notice that provides access to the document to 
the NRC 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 documents on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before a hearing request/petition to intervene 
is filed so that they can obtain access to the document via the E-
Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737. Participants who believe that they have a good 
cause for not submitting documents electronically must file a motion, 
in accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted 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; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted, based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. 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 are requested not to include copyrighted materials in 
their submissions.
    For further details with respect to this action, see the 
application for amendment dated May 17, 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 20th day of November 2007.
Brenda L. Mozafari,
Senior Project Manager, Plant Licensing Branch II-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E7-23131 Filed 11-27-07; 8:45 am]
BILLING CODE 7590-01-P