[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29787-29791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11470]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346]
FirstEnergy Nuclear Operating Company; Notice of Consideration of
Issuance of Amendment to Facility Operating License 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.
NPF-3 issued to FirstEnergy Nuclear Operating Company (the licensee)
for operation of the Davis-Besse Nuclear Power Station, Unit No. 1
(DBNPS), located in Ottawa County, Ohio.
The proposed amendment requested by the licensee's August 3, 2007,
license amendment request (LAR) would represent a full conversion from
the current technical specifications (CTS) to a set of improved
technical specifications (ITS) based on NUREG-1430, ``Standard
Technical Specifications (STS) Babcock and Wilcox Plants,'' Revision
3.1 dated December 2005 and certain generic changes to the NUREG. The
attachment to the licensee's August 3, 2007, LAR consists of 17
volumes.
Volume 1 provides details concerning the application of the
selection criteria to the individual DBNPS CTS. Each CTS Specification
is evaluated, and a determination is made as to whether or not the CTS
Specification meets the criteria in Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.36(d)(2)(ii) for retention in the
proposed ITS. Volume 2 contains the licensee's evaluation of
environmental considerations for the proposed ITS conversion LAR.
Volumes 3-16 provide details and safety analyses to support the
proposed changes. Volume 17 contains copies of the DBNPS CTS markup
pages that have been annotated to show the differences between the CTS
and the proposed ITS.
NUREG-1430 has been developed by the Commission's staff through
working groups composed of both NRC staff members and industry
representatives. It has been endorsed by the NRC staff as part of an
industry-wide initiative to standardize and improve the technical
specifications (TSs) for nuclear power plants.
In addition to the conversion, the licensee proposed or the NRC
staff identified 24 beyond scope items (BSIs) where the requirements
are different from the CTS and the STS of NUREG-1430. The BSIs are
identified later in this notice.
This notice is based on the application dated August 3, 2007, and
the information provided to the NRC through the DBNPS ITS Conversion
Web page hosted by Excel Services Corporation. To expedite its review
of the application, the NRC staff issued its requests for additional
information (RAIs) through the DBNPS ITS Conversion Web page and the
licensee addressed the RAIs by providing responses on the Web page.
Entry into the database is protected so that only licensee and NRC
reviewers can enter information into the database to add RAIs (NRC) or
provide responses to the RAIs (licensee); however, the public can enter
the database to read the questions asked and the responses provided. To
be in compliance with the regulations for written communications for
LARs and to have the database on the DBNPS docket before the amendment
is issued, the licensee will submit a copy of the database in a
submittal to the NRC after there are no further RAIs and before the
amendment is issued. The public can access the Web site by going to
http://www.excelservices.com. Once at the Web site, click on ``Davis
Besse'' on the left side of the screen. Upon clicking the link, the Web
site will inform you that ``you are about to enter the DAVIS BESSE
Improved Technical Specification Licensing On-Line Question and Answer
Database.'' At this point, click on ``Click Here to continue.'' This
will bring you to the ITS Licensing Database. The RAIs and responses to
RAIs are organized by ITS Sections 1.0, 2.0, 3.0, 3.1 through 3.9, 4.0,
and 5.0. For every listed ITS section, there is a RAI which can be read
by clicking on the ITS section number. The RAI question(s) and the
licensee's response(s) are contained on the same Web page.
The licensee has categorized the proposed changes to the CTS into
five general groupings within the discussion of changes (DOC) section
of the application. These groupings are characterized as administrative
changes (i.e., ITS x.x, DOC A.xx), more restrictive changes (i.e., ITS
x.x, DOC M.xx), relocated specifications (i.e., ITS x.x, DOC R.xx),
removed detail changes (i.e., ITS x.x, DOC LA.xx), and less restrictive
changes (i.e., ITS x.x, DOC L.xx). This is to say that the DOCs are
numbered sequentially with each letter designator for each ITS Chapter,
Section, or Specification, and the designations are A.xx for
administrative changes, M.xx for more restrictive changes, R.xx for
relocated specifications, LA.xx for removed detail changes, and L.xx
for less restrictive changes. These changes to the requirements of the
CTS do not result in operations that will alter assumptions relative to
mitigation of an analyzed accident or transient event.
Administrative changes are those that involve restructuring,
renumbering, rewording interpretation and complex rearranging of
requirements and other changes not affecting technical content or
substantially revising an operating requirement. The reformatting,
renumbering, and rewording process reflects the attributes of NUREG-
1430
[[Page 29788]]
and does not involve technical changes to the CTS. The proposed changes
include: (a) Providing the appropriate numbers, etc., for NUREG-1430
bracketed information (information that must be supplied on a plant-
specific basis, and which may change from plant to plant), (b)
identifying plant-specific wording for system names, etc., and (c)
changing NUREG-1430 section wording to conform to existing licensee
practices. Such changes are administrative in nature and do not impact
initiators of analyzed events or assumed mitigation of accident or
transient events.
More restrictive changes are those involving more stringent
requirements compared to the CTS for operation of the facility. These
more stringent requirements do not result in operation that will alter
assumptions relative to the mitigation of an accident or transient
event. The more restrictive requirements will not alter the operation
of process variables, structures, systems, and components described in
the safety analyses. For each requirement in the STS that is more
restrictive than the CTS that the licensee proposes to adopt in the
ITS, the licensee has provided an explanation as to why it has
concluded that adopting the more restrictive requirement is desirable
to ensure safe operation of the facility because of specific design
features of the plant.
Relocated changes are those involving relocation of requirements
and surveillances for structures, systems, components, or variables
that do not meet the criteria for inclusion in TSs. Relocated changes
are those CTS requirements that do not satisfy or fall within any of
the four criteria specified in the 10 CFR 50.36(d)(2)(ii) and may be
relocated to appropriate licensee-controlled documents.
The licensee's application of the screening criteria is described
in the attachment to the licensee's August 3, 2007 letter, which is
entitled, ``Application of Selection Criteria to the Davis-Besse
Nuclear Power Station Technical Specifications,'' in Attachment 1 of
the submittal. The affected structures, systems, components or
variables are not assumed to be initiators of analyzed events and are
not assumed to mitigate accident or transient events. The requirements
and surveillances for these affected structures, systems, components,
or variables will be relocated from the TSs to administratively-
controlled documents such as the quality assurance program, the Updated
Final Safety Analysis Report (UFSAR), the ITS Bases, the technical
requirements manual (TRM) that is incorporated by reference in the
UFSAR, the core operating limits report, the offsite dose calculation
manual, the inservice testing program, the inservice inspection
program, or other licensee-controlled documents. Changes made to these
documents will be made pursuant to 10 CFR 50.59 or other appropriate
control mechanisms, and may be made without prior NRC review and
approval. In addition, the affected structures, systems, components, or
variables are addressed in existing surveillance procedures that are
also controlled pursuant to 10 CFR 50.59.
Removed detail changes are changes to the CTS that eliminate detail
and relocate the detail to a licensee-controlled document. Typically,
this involves details of system design and function, or procedural
detail on methods of conducting a surveillance requirement (SR). These
changes are supported, in aggregate, by a single generic no significant
hazards consideration (NSHC).
Less restrictive changes are those where CTS requirements are
relaxed or eliminated, or new plant operational flexibility is
provided. The more significant ``less restrictive'' requirements are
justified on a case-by-case basis. When requirements have been shown to
provide little or no safety benefit, their removal from the TSs may be
appropriate. In most cases, relaxations previously granted to
individual plants on a plant-specific basis were the result of: (a)
Generic NRC actions, (b) new NRC staff positions that have evolved from
technological advancements and operating experience, or (c) resolution
of the Owners Groups' comments on the improved STSs. Generic
relaxations contained in NUREG-1430 were reviewed by the NRC staff and
found to be acceptable because they are consistent with current
licensing practices and NRC regulations. The licensee's design is being
reviewed to determine if the specific design basis and licensing basis
are consistent with the technical basis for the model requirements in
NUREG-1430, thus providing a basis for the ITS, or if relaxation of the
requirements in the CTS is warranted based on the justification
provided by the licensee.
These administrative, relocated, more restrictive, removed detail
and less restrictive changes to the requirements of the CTS do not
result in operations that will alter assumptions relative to mitigation
of an analyzed accident or transient event.
In addition to the proposed changes solely involving the
conversion, there are also changes proposed that are different from the
requirements in both the CTS and the STS NUREG-1430. To date 24 BSIs
have been identified. These BSIs to the conversion are as follows (note
that the words below that are capitalized are terms that are defined in
the ITS):
1. BSI-1 proposes a change to the CTS by not requiring a CHANNEL
CHECK of 2 relays (ITS 3.3.8, DOC L03). CTS 4.3-2 Functional Unit 4.b
requires a CHANNEL CHECK of the Essential Bus Feeder Breaker Trip
Degraded Voltage Relay (DVR) and Functional Unit 4.c requires a CHANNEL
CHECK of the Diesel Generator Start and Load Shed on Essential Bus,
Loss of Voltage Relay (LVR). ITS 3.3.8 does not require a CHANNEL
CHECK.
2. BSI-2 proposes a change to the CTS by changing the Allowable
Values for three Functional Units (ITS 3.3.11, DOC M02). CTS Table 3.3-
12 Functional Unit 1, Steam Line Pressure-Low, specifies an Allowable
Value of >= 591.6 psig for the CHANNEL FUNCTIONAL TEST and >= 586.6
psig for CHANNEL CALIBRATION. CTS Table 3.3-12 Functional Unit 2, Steam
Generator Level-Low, specifies an Allowable Value of >= 16.9 inches for
the CHANNEL FUNCTIONAL TEST. CTS Table 3.3-12 Functional Unit 3, Steam
Generator Feedwater Differential Pressure-High, specifies an Allowable
Value of <= 197.6 psig for the CHANNEL FUNCTIONAL TEST and <= 199.6
psig for CHANNEL CALIBRATION. ITS Table 3.3.11-1 Functions 1, 3, and 2
specify Allowable Values of >= 600.2 psig, >= 17.3 inches, and <= 176.8
psig, respectively.
3. BSI-3 proposes a change to the CTS by increasing the departure
from nucleate boiling reactor coolant pressure parameter limits (ITS
3.4.1, DOC M01). CTS Table 3.2.-2 requires measured reactor coolant
system pressure to be >= 2062.7 psig for four reactor coolant pump
operation and >= 2058.7 psig for three reactor coolant pump operation.
ITS LCO 3.4.1 requires Reactor Coolant System (RCS) loop pressure to be
>= 2064.8 psig for four reactor coolant pump operation and >= 2060.8
psig for three reactor coolant pump operation.
4. BSI-4 proposes a change to the CTS by extending the Completion
Time to reduce the trip setpoints from ``4 hours'' to ``10 hours'' (ITS
3.4.4., DOC L01). CTS 3.4.1.1 Action a, requires a reduction of the
High Flux trip setpoint from the four reactor coolant pumps (RCPs)
operating to three RCPs operating trip setpoint within 4 hours when
shifting from four RCPs operating to three RCPs operating. ITS 3.4.4
Action A requires the reduction in the trip setpoints within 10 hours.
[[Page 29789]]
5. BSI-5 proposes a change to the CTS by allowing a wider range for
the core flooding tank (CFT) borated water volume and nitrogen cover
pressure (ITS 3.5.1, DOC L01). CTS LCO 3.5.1.b requires each CFT
contained water volume be between 7555 gallons and 8004 gallons of
borated water. CTS LCO 3.5.1.d requires each CFT nitrogen cover
pressure be between 575 psig and 625 psig. In the ITS, SR 3.5.1.2
requires the borated water volume to be between 7480 gallons and 8078
gallons and ITS SR 3.5.1.3 requires the nitrogen cover pressure be
between 567 psig and 633 psig.
6. BSI-6 proposes a change to the CTS by delaying performance of a
RCS flow Surveillance until adequate conditions exist to perform the
Surveillance (ITS 3.4.1, DOC L02). CTS 4.2.5.2 requires RCS total flow
rate be determined to be within limits once per 18 months. ITS SR
3.4.1.4 requires the same Surveillance but includes a Note to allow the
performance to be delayed for up to 7 days after stable thermal
conditions are established at >= 70 percent RTP.
7. BSI-7 proposes a change to the CTS by requiring the emergency
diesel generators (EDGs) to be tested for a longer duration, at higher
loading, and within a power factor limit, with an allowance to not meet
the load or power factor requirements due to momentary transients (ITS
3.8.1, DOC M06). CST 4.8.1.1.2.d.3 requires verification that the
diesel generator operates for >= 60 minutes while loaded to >= 2000 kW.
ITS SR 3.8.1.13 requires an endurance and load test for each EDG. The
endurance and load test requires that the EDGs be operated for >= 8
hours, with >= 2 hours loaded between 2730 kW and 2860 kW and the
remaining 6 hours loaded between 2340 kW and 2600 kW. This Surveillance
is modified by Note 1 and Note 3. Note 1 states, ``momentary transients
outside the load and power factor ranges do not invalidate this test.''
Note 3 states, ``If part b is performed with EDG synchronized with
offsite power, it shall be performed within the power factor limit.
However, if grid conditions do not permit, the power factor limit is
not required to be met. Under this condition the power factor shall be
maintained as close to the limit as practicable.''
8. BSI-8 proposes a change to incorporate Technical Specification
Task Force (TSTF) Traveler 451T, ``Correct the Battery Monitoring and
Maintenance Program and the Bases of SR 3.8.4.2'' (ITS 5.5.16, DOC
A.6).
9. BSI-9 proposes a change to the CTS by extending the Completion
Time of the High Flux and Flux-[Delta]Flux-Flow trip setpoints from 4
hours to 10 hours (ITS 3.2.5, DOC L02). CTS 3.2.2 Action a states the
High Flux and Flux-[Delta]Flux-Flow trip setpoints must be reduced 1
percent for each 1 percent Nuclear Heat Flux Hot Channel Factor exceeds
its limit within 4 hours. CTS 3.2.3 Action A states the High Flux and
Flux-[Delta]Flux-Flow trip setpoints must be reduced to 1 percent for
each 1 percent Nuclear Enthalpy Rise Hot Channel Factor exceeds its
limit within 4 hours. ITS 3.2.5 Required Actions A.2 and B.2 requires
the trip setpoints to be reduced similarly within 10 hours.
10. BSI-10 proposes a change to the CTS by allowing the suspension
of the RCS minimum temperature for criticality limit during performance
of a MODE 2 PHYSICS TEST (ITS 3.1.0, DOC L03). However, it places a
limitation on the RCS lowest loop average temperature that is allowed
during the test. CTS 3.10.2 states that limitations of certain
Specifications may be suspended during the performance of PHYSICS
TESTS. ITS 3.1.9 provides an additional exception to LCO 3.4.2, ``RCS
Minimum Temperature for Criticality,'' provided the RCS lowest loop
average temperature is >= 520[deg]F (ITS LCO 3.1.9 part e). A
Surveillance to verify RCS lowest loop average temperature is >=
520[deg]F every 30 minutes (ITS SR 3.1.9.2) has been added. In
addition, ITS 3.1.9 ACTION C has been added to cover the situation when
RCS lowest loop average temperature is not within limit. The Required
Action is to suspend PHYSICS TESTS exceptions within 30 minutes.
11. BSI-11 proposes a change to the CTS requirement by specifying a
power factor limit if EDG testing is conducted by synchronizing with
the offsite sources, and a change to the CTS by requiring the EDG to
maintain a frequency <= 66.75 Hz following the load reject instead of
not tripping the EDG (ITS 3.8.1, DOC M05 and DOC M08). CTS
4.8.1.1.2.d.1 requires verifying that the EDG is capable of rejecting a
load equal to the largest single emergency load supplied by the
generator without tripping. This surveillance does not specify that an
EDG shall be tested at a specific power factor. ITS SR 3.8.1.10
requires the verification that each EDG can reject a load equal to or
greater than its associated single largest post-accident load. The SR
additionally states in Note 2 ``If performed with the EDG synchronized
with offsite power, it shall be performed within the power factor
limit. However, if grid conditions do not permit, the power factor
limit is not required to be met. Under this condition the power factor
shall be maintained as close to the limit as practicable.'' CTS
4.8.1.1.2.d.1 requires verification that each EDG can reject a load
equivalent to the largest single emergency load without tripping the
EDG. ITS SR 3.8.1.10 also requires verification that each EDG can
reject a load equivalent to the largest single emergency load, except
the acceptance criterion is that the EDG frequency is maintained <=
66.75 Hz following the load reject, which is below the EDG overspeed
trip setpoint.
12. BSI-12 proposes a change to the CTS by extending the time to
restore rod groups from 2 hours to 4 hours (ITS 3.2.1, DOC L01). CTS
3.1.3.6 Actions require entry with any group sequence or overlap
outside the limits. CTS 3.1.3.6 Action A requires restoration of the
regulating groups to within the limits within 2 hours. ITS 3.2.1 ACTION
C requires the restoration of regulating rod group to within the limits
within 4 hours.
13. BSI-13 proposes the following changes related to draft TSTF-
493:
a. Adds Footnotes (c) and (d) to ITS Table 3.3.1-1 Functional Unit
1a (ITS 3.3.1, Attachment 1 Volume 8, page 43 of 636 of application).
b. Allows Method 1 or Method 2 of ISA 67.04-Part II--1994 or ISA
67.04.02--2000 for all RPS Functional Units in the ITS Bases (ITS 3.3.1
Attachment 1 Volume 8, page 59 of 636 of application).
c. Allows modification to where the Nominal trip setpoints are
specified in the TS Bases (ITS 3.3.1 Attachment 1 Volume 8, pages 60
and 62 of 636 of application).
d. Adds a statement to the TS Bases in the ITS for SR 3.3.1.5 and
SR 3.3.1.7 for the High Flux--Low Setpoint, concerning instrument
uncertainties and other uncertainties (ITS 3.3.1 Attachment 1 Volume 8,
page 65 of 636 of application).
e. Adds a statement concerning setpoint methodology to the Bases in
the ITS (ITS 3.3.1 Attachment 1 Volume 8, pages 81--84 of 636 of
application).
f. Allows Method 1 or Method 2 of ISA 67.04-Part II--1994 or ISA
67.04.02--2000 for all Safety Features Actuation System (SFAS)
Functional Units in the ITS Bases (ITS 3.3.5 Attachment 1 Volume 8,
page 209 of 636 of application).
g. Allows Method 1 or Method 2 of ISA 67.04-Part II--1994 or ISA
67.04.02--2000 for all Steam/Feedwater Rupture Control System (SFRCS)
Functional Units in the ITS Bases (ITS 3.3.11 Attachment 1 Volume 8,
pages 394-395 of 636 of application).
14. BSI-14 proposes to retain the heat balance evaluation criteria
in a licensee controlled document instead of the technical
specifications (ITS 3.3.1
[[Page 29790]]
Attachment 1 Volume 8, page 36 of 636 of application).
15. BSI-15 proposes to relocate the Anticipatory Reactor Trip
System Instrumentation LCO and Surveillances out of the Technical
Specifications (ITS 3.3.1 DOC R01).
16. BSI-16 is not used.
17. BSI-17 proposes to reference the RPS cabinet vice the
preamplifier in the TS Bases discussion of the source range CHANNEL
CALIBRATION (ITS 3.3.9 Attachment 1 Volume 8, page 330 of 636 of
application).
18. BSI-18 proposes to remove the source range and immediate range
nuclear instrument overlap check (ITS 3.3.9 DOC LA03).
19. BSI-19 proposes the following changes concerning the
Containment Purge and Exhaust Isolation TSs:
a. Adds the term ``recently'' to modify the APPLICABILITY of LCO
3.3.15 (ITS 3.3.15 DOC L01).
b. Adds the term ``when the Containment Purge and Exhaust System is
in service'' to the APPLICABILITY of ITS LCO 3.3.15 (ITS 3.3.15
Attachment 1 Volume 8, page 500 of 636 of application).
c. Removes the STS calibration data in ITS LCO 3.3.15 (ITS 3.3.15
DOC M02).
d. Revises the TS Bases discussion in the STS concerning LCO 3.3.15
(ITS 3.3.15 Attachment 1 Volume 8, page 504 of 636 of application).
e. Revises the TS Bases discussion with respect to the CTS and STS
concerning LCO 3.9.4 (ITS 3.3.15 Attachment 1 Volume 8, page 507 of 636
of application).
f. Revises the surveillance requirements associated with the
containment purge and exhaust system radiation monitors (ITS 3.3.15 DOC
M02).
20. BSI-20 proposes to revise the CHANNEL adjustment discussion in
the ITS Bases concerning the calibration SRs for the Fuel Pool Area
Emergency Ventilation System Actuation Area Monitor (ITS 3.3.14
Attachment 1 Volume 8, page 488 of 636 of application), and proposes to
omit an allowable value for the channel calibration for SR 3.3.16.3
concerning the Station Vent Normal Range Monitoring (ITS 3.3.16 DOC
M02).
21. BSI-21 proposes to deviate from the STS by not placing the
Control Room Emergency Ventilation System in operation during the
movement of irradiated fuel for an inoperable channel, and not
immediately suspending irradiated fuel movements if two channels are
inoperable and compensatory actions are not immediately carried out
(ITS 3.3.16 DOC M03 and ITS 3.7.10 DOC M012).
22. BSI-22 proposes a new definition of Loss of Power Start (LOPS)
operability in the TS Bases (ITS 3.3.8 Attachment 1 Volume 8, page 298
of 636 of application).
23. BSI-23 proposes to only have monitoring instrumentation to
support maintaining the unit in a safe shutdown condition from
locations other than the control room (ITS 3.3.18 Attachment 1 Volume
8, pages 605-611 of 636 of application), and proposes to delete the
APPLICABILITY requirement and the CTS SR for control circuits and
transfer switches required for a serious control room or cable
spreading room fire (ITS 3.3.18 Attachment 1 Volume 8, page 601 of 636
of application).
24. BSI-24 proposes to make the LCO for the Fuel Handling Exhaust--
High Radiation Monitors applicable only during movement of irradiated
fuel assemblies in the spent fuel pool (ITS 3.3.14 Attachment 1 Volume
8, page 482 of 636 of application).
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.
Within 60 days after the date of publication of this notice, the
person(s) may file a request for hearing with respect to issuance of
the amendment to the subject facility operating license and any
person(s) whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file written
request via electronic submission through the NRC E-Filing system 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 person(s) 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/. 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/
requestor 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.
A request for hearing or a petition for leave to intervene must be
filed in
[[Page 29791]]
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 ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM 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-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 license amendment
application, see the application for amendment dated August 3, 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 16th day of May 2008.
For the Nuclear Regulatory Commission.
Thomas J. Wengert,
Project Manager, Plant Licensing Branch III-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-11470 Filed 5-21-08; 8:45 am]
BILLING CODE 7590-01-P