[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40629-40638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15684]



[[Page 40629]]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Biweekly Notice; Applications and Amendments to Facility 
Operating Licenses; Involving No Significant Hazards Considerations

I. Background

    Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC staff) is publishing this regular biweekly notice. 
The Act requires the Commission publish notice of any amendments 
issued, or proposed to be issued and grants the Commission the 
authority to issue and make immediately effective any amendment to an 
operating license upon a determination by the Commission that such 
amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This biweekly notice includes all notices of amendments issued, or 
proposed to be issued from June 19, 2008 to July 2, 2008. The last 
biweekly notice was published on July 1, 2008 (73 FR 370501).

Notice of Consideration of Issuance of Amendments to Facility Operating 
Licenses, Proposed No Significant Hazards Consideration Determination, 
and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 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. The basis 
for this proposed determination for each amendment request is shown 
below.
    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 6D22, Two White Flint North, 11545 Rockville Pike, 
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 
Copies of written comments received may be examined at the Commission'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 a hearing and petitions for leave 
to intervene is discussed below.
    Within 60 days after the date of publication of this notice, 
person(s) 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 
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 01F21, 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 within 60 
days, 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 requestor's/petitioner's interest. The petition must 
also set forth 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/
requestor 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/requestor 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/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at 
least one

[[Page 40630]]

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, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, 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 in 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 ViewerTMis 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 submission.
    For further details with respect to this amendment action, see the 
application for amendment which is available for public inspection at 
the Commission's PDR, located at One White Flint North, Public File 
Area 01F21, 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. If you do not have access to ADAMS 
or if there are problems in accessing the documents located in ADAMS, 
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or 
by e-mail to [email protected].

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of amendment request: May 7, 2008.
    Description of amendment request: The proposed changes would revise 
Technical Specification (TS) Limiting

[[Page 40631]]

Condition for Operation (LCO) 3.10.1, and the associated Bases, to 
expand its scope to include provisions for temperature excursions 
greater than 200 degrees F as a consequence of inservice leak and 
hydrostatic testing, and as a consequence of scram time testing 
initiated in conjunction with an inservice leak or hydrostatic test, 
while considering operational conditions to be in Mode 4.
    The U.S Nuclear Regulatory Commission (NRC) issued a ``Notice of 
Availability of Model Safety Evaluation on Technical Specification 
Improvement To Modify Requirements Regarding LCO 3.10.1, Inservice Leak 
and Hydrostatic Testing Operation Using the Consolidated Line Item 
Improvement Process'' in the Federal Register on October 27, 2006 (71 
FR 63050). The notice referenced a model safety evaluation, a model no 
significant hazards consideration (NSHC) determination, and a model 
license amendment request published in the Federal Register on August 
21, 2006 (71 FR 48561). In its application dated May 7, 2008, the 
licensee affirmed the applicability of the model NSHC determination 
which is presented below.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), an analysis of the issue 
of NSHC adopted by the licensee is presented below:

    Criterion 1: The proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    Technical Specifications currently allow for operation at 
greater than 200 degrees F while imposing MODE 4 requirements in 
addition to the secondary containment requirements required to be 
met. Extending the activities that can apply this allowance will not 
adversely impact the probability or consequences of an accident 
previously evaluated. Therefore, the proposed change does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    Criterion 2: The proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    Technical Specifications currently allow for operation at 
greater than 200 degrees F while imposing MODE 4 requirements in 
addition to the secondary containment requirements required to be 
met. No new operational conditions beyond those currently allowed by 
LCO 3.10.1 are introduced. The changes do not involve a physical 
alteration of the plant (i.e., no new or different type of equipment 
will be installed) or a change in the methods governing normal plant 
operation. In addition, the changes do not impose any new or 
different requirements or eliminate any existing requirements. The 
changes do not alter assumptions made in the safety analysis. The 
proposed changes are consistent with the safety analysis assumptions 
and current plant operating practice. Therefore, the proposed change 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    Criterion 3: The proposed change does not involve a significant 
reduction in a margin of safety.
    Technical Specifications currently allow for operation at 
greater than 200 degrees F while imposing MODE 4 requirements in 
addition to the secondary containment requirements required to be 
met. Extending the activities that can apply this allowance will not 
adversely impact any margin of safety. Allowing completion of 
inspections and testing and supporting completion of scram time 
testing initiated in conjunction with an inservice leak or 
hydrostatic test prior to power operation results in enhanced safe 
operations by eliminating unnecessary maneuvers to control reactor 
temperature and pressure. Therefore, the proposed change does not 
involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the analysis adopted by the licensee 
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.
    Attorney for licensee: William A. Horin, Esq., Winston & Strawn, 
1700 K Street, NW., Washington, DC 20006-3817.
    NRC Branch Chief: Thomas G. Hiltz.

PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear 
Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey

    Date of amendment request: March 11, 2008, as supplemented on June 
17, 2008.
    Description of amendment request: The proposed amendment would 
revise the requirements for fuel decay time prior to commencing 
movement of irradiated fuel in the reactor pressure vessel (RPV). 
Currently, Technical Specification (TS) 3/4.9.3, ``Decay Time,'' 
requires that: (a) the reactor has been subcritical for at least 100 
hours prior to movement of irradiated fuel in the RPV between October 
15th through May 15th; and (b) the reactor has been subcritical for at 
least 168 hours prior to movement of irradiated fuel in the RPV between 
May 16th and October 14th. The calendar approach is based on average 
river water temperature which is cooler in the fall through spring 
months. The proposed amendment would allow fuel movement to commence at 
80 hours after the reactor is subcritical between October 15th through 
May 15th.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee, in its 
letter dated June 17, 2008, has provided its analysis of the issue of 
no significant hazards consideration, which is presented below:

    1. Does the change involve a significant increase in the 
probability [ ] or consequences of an accident previously evaluated?
    Response: No.
    The proposed license amendment would allow fuel assemblies to be 
removed from the reactor core and be stored in the Spent Fuel Pool 
(SFP) in less time after subcriticality than currently allowed by 
the Technical Specifications. Decreasing the decay time of the fuel 
affects the radionuclide make-up of the fuel to be offloaded as well 
as the amount of decay heat that is present from the fuel at the 
time of offload. The accident previously evaluated that is 
associated with the proposed license amendment is the fuel handling 
accident. Allowing the fuel to be offloaded in less time after 
subcriticality using actual heat loads does not impact the manner in 
which the fuel is offloaded. The accident initiator is the dropping 
of the fuel assembly. Since earlier offload does not affect fuel 
handling, there is no increase in the probability of occurrence of a 
Fuel Handling Accident (FHA). The time frame in which the fuel 
assemblies are moved has been evaluated against the 10 CFR 50.67 
dose limits for members of the public, licensee personnel and 
control room. Additionally, the guidance provided in [Regulatory] 
Guide 1.183 was used for the selective application of Alternative 
Source Term. All dose limits are met with the reduced core offload 
times; and significant margin is maintained, as the minimum decay 
time prior to movement of fuel for the FHA analysis is 24 hours.
    Therefore, the proposed license amendment does not significantly 
increase the probability [ ] or the consequences of accidents 
previously evaluated.
    2. [Does the change] [c]reate the possibility of a new or 
different kind of accident from any accident previously evaluated[?]
    Response: No.
    The proposed license amendment would allow core offload to occur 
in less time after subcriticality which affects the radionuclide 
makeup of the fuel to be offloaded as well as the amount of decay 
heat that is present from the fuel at the time of offload. The 
radionuclide makeup of the fuel assemblies and the amount of decay 
heat produced by the fuel assemblies do not currently initiate any 
accident. A change in the radionuclide makeup of the fuel at the 
time of core offload or an increase in the decay heat produced by 
the fuel being offloaded will not cause the initiation of any 
accident. The accident previously evaluated that is associated with 
fuel movement is the fuel handling accident; no new accidents are 
introduced. There is no change to the manner in which fuel is being 
handled or in the equipment used to offload or store the fuel. The 
effects of the additional decay heat load have been analyzed. The 
analysis demonstrates that the existing Spent

[[Page 40632]]

Fuel Pool cooling system and associated systems under worst-case 
circumstances would maintain licensing limits and the integrity of 
the Spent Fuel Pool.
    Therefore, the proposed license amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the change involve a significant reduction in a margin 
of safety?
    Response: No.
    The margin of safety pertinent to the proposed changes is the 
dose consequences resulting from a fuel handling accident. The 
shorter decay time prior to fuel movement has been evaluated against 
10 CFR 50.67 and all limits continue to be met. All dose limits are 
met with the reduced core offload times; and significant margin is 
maintained, as the minimum decay time prior to movement of fuel for 
the FHA analysis is 24 hours. Decay heat-up calculations performed 
prior to the refueling outage, as part of the Integrated Decay Heat 
Management (IDHM) Program, ensure that planned spent fuel transfer 
to the SFP will not result in maximum SFP temperature exceeding the 
design basis limit of 149 [deg]F (with both heat exchangers 
available) or 180 [deg]F (with one heat exchanger alternating 
between the two pools). As stated above, the changes in radionuclide 
makeup and additional heat load do not impact any safety settings 
and do not cause any safety limit to not be met. In addition, the 
integrity of the Spent Fuel Pool is maintained.
    The time frame in which the fuel assemblies are moved has been 
evaluated against the 10 CFR 50.67 dose limits for members of the 
public, licensee personnel and control room. Additionally, the 
guidance provided in [Regulatory] Guide 1.183 was used. Calculations 
performed conclude that expected dose limits following a Fuel 
[H]andling Accident are met with the proposed decay time prior to 
commencing fuel movement.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, with changes in the areas noted above, 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.
    Attorney for licensee: Jeffrie J. Keenan, Esquire, Nuclear Business 
Unit--N21, P.O. Box 236, Hancocks Bridge, NJ 08038.
    NRC Branch Chief: Harold K. Chernoff.

Previously Published Notices of Consideration of Issuance of Amendments 
to Facility Operating Licenses, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The following notices were previously published as separate 
individual notices. The notice content was the same as above. They were 
published as individual notices either because time did not allow the 
Commission to wait for this biweekly notice or because the action 
involved exigent circumstances. They are repeated here because the 
biweekly notice lists all amendments issued or proposed to be issued 
involving no significant hazards consideration.
    For details, see the individual notice in the Federal Register on 
the day and page cited. This notice does not extend the notice period 
of the original notice.

Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick 
Generating Station, Units 1 and 2, Montgomery County, Pennsylvania

    Date of amendment request: August 24, 2007, supplemented by letter 
dated June 11, 2008.
    Description of amendment request: The proposed amendment would 
increase the required minimum volume of fuel oil in the emergency 
diesel generator (EDG) day tanks from 200 gallons to 250 gallons, 
enough for 1 hour of continuous operation of the associated EDG at 
rated load. This change is necessitated by a revision to the Limerick 
Generating Station design analysis of EDG fuel consumption that 
accounts for parameters not considered in the original analysis, 
including the use of ultra-low sulphur diesel fuel oil.
    Date of publication of individual notice in Federal Register: June 
20, 2008 (73 FR 35168).
    Expiration date of individual notice: July 20, 2008 (Public 
comment) and August 19, 2008 (Hearing requests).

FirstEnergy Nuclear Operating Company, Docket No. 50-346, Davis-Besse 
Nuclear Power Station, Unit No. 1, Ottawa County, Ohio

    Date of amendment request: August 3, 2007.
    Brief description of amendment request: The proposed amendment 
would represent a full conversion from the current technical 
specifications to a set of improved technical specifications based on 
NUREG-1430, ``Standard Technical Specifications Babcock and Wilcox 
Plants,'' Revision 3.1 dated December 2005 and certain generic changes 
to the NUREG.
    Date of publication of individual notice in Federal Register: May 
22, 2008.
    Expiration date of individual notice: July 22, 2008.

Notice of Issuance of Amendments to Facility Operating Licenses

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application complies 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended (the Act), and the Commission's rules and regulations. The 
Commission has made appropriate findings as required by the Act and the 
Commission's rules and regulations in 10 CFR Chapter I, which are set 
forth in the license amendment.
    Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for A Hearing in connection with these 
actions was published in the Federal Register as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.22(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
applications for amendment, (2) the amendment, and (3) the Commission's 
related letter, Safety Evaluation and/or Environmental Assessment as 
indicated. All of these items are available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area 01F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible from 
the Agencywide Documents Access and Management Systems (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS 
or if there are problems in accessing the documents located in ADAMS, 
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or 
by e-mail to [email protected].

[[Page 40633]]

Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County, 
Michigan

    Date of application for amendment: January 15, 2008.
    Brief description of amendment: The amendment revises the Technical 
Specifications (TS) Surveillance Requirement frequency in TS 3.1.3, 
``Control Rod OPERABILITY'' from ``7 days after the control rod is 
withdrawn and THERMAL POWER is greater than the [Low Power Setpoint] 
LPSP of [Rod Worth Minimizer] RWM'' to ``31 days after the control rod 
is withdrawn and THERMAL POWER is greater than the LPSP of the RWM'' 
and revises Example 1.4-3 in section 1.4 ``Frequency'' to clarify the 
applicability of the 1.25 surveillance test interval extension.
    Date of issuance: June 23, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days.
    Amendment No.: 179.
    Facility Operating License No. NPF-43: Amendment revised the 
Technical Specifications and License.
    Date of initial notice in Federal Register: February 26, 2008 (73 
FR 10296) The Commission's related evaluation of the amendment is 
contained in a Safety Evaluation dated June 23, 2008.
    No significant hazards consideration comments received: No.

Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County, 
Michigan

    Date of application for amendment: July 12, 2007, as supplemented 
by letter dated September 21, 2007.
    Brief description of amendment: The amendment revises Surveillance 
Requirement 3.3.3.1.2 in Technical Specification 3.3.3.1, ``Post 
Accident Monitoring (PAM) Instrumentation.'' Specifically, the 
amendment deletes the note which excludes radiation detectors from 
calibration requirements.
    Date of issuance: June 25, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days.
    Amendment No.: 180.
    Facility Operating License No. NPF-43: Amendment revised the 
Technical Specifications and License.
    Date of initial notice in Federal Register: November 6, 2007 (72 FR 
62687) The supplemental letter was considered, along with the 
application, in the Federal Register notice of the staff's proposed no 
significant hazards consideration determination.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 25, 2008.
    No significant hazards consideration comments received: No.

Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, 
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, 
Vermont

    Date of application for amendment: October 18, 2007.
    Brief description of amendment: The amendment revised the Technical 
Specifications applicability requirements related to primary 
containment oxygen concentration and drywell-to-suppression chamber 
differential pressure limits. The associated actions would also be 
revised to be consistent with exiting the applicability for each 
specification.
    Date of Issuance: June 23, 2008.
    Effective date: As of the date of issuance, and shall be 
implemented within 60 days.
    Amendment No.: 232.
    Facility Operating License No. DPR-28: Amendment revised the 
License and Technical Specifications.
    Date of initial notice in Federal Register: December 18, 2007 (72 
FR 71712).
    The Commission's related evaluation of this amendment is contained 
in a Safety Evaluation dated June 23, 2008.
    No significant hazards consideration comments received: No.

Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, 
Braidwood Station (Braidwood), Units 1 and 2, Will County, Illinois

    Docket Nos. STN 50-454 and STN 50-455, Byron Station (Byron), Unit 
Nos. 1 and 2, Ogle County, Illinois.
    Date of application for amendment: July 31, 2007.
    Brief description of amendment: The amendments revise Technical 
Specification 5.5.2, ``Primary Coolant Sources Outside Containment,'' 
to clarify the intent of refueling cycle intervals (i.e., 18 month 
intervals) with respect to system integrated leak test requirements and 
to add a statement that the provisions of Surveillance Requirement 
3.0.2 are applicable.
    Date of issuance: June 18, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days.
    Amendment Nos.: Braidwood Unit 1--151; Braidwood Unit 2-151; Byron 
Unit No. 1-155; and Byron Unit No. 2-155.
    Facility Operating License Nos. NPF-72, NPF-77, NPF-37, and NPF-66: 
The amendment revised the Technical Specifications and Licenses.
    Date of initial notice in Federal Register: September 11, 2007 (72 
FR 51859).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated June 18, 2008.
    No significant hazards consideration comments received: No.

FirstEnergy Nuclear Operating Company, et al., Docket No. 50-346, 
Davis-Besse Nuclear Power Station, Unit No. 1, Ottawa County, Ohio

    Date of application for amendment: April 12, 2007, as supplemented 
on September 18, October 8, and October 19, 2007, January 15 (2 
letters), February 14, February 20, March 12, and May 16, 2008.
    Brief description of amendment: This amendment increases the Rated 
Thermal Power by approximately 1.63 percent to 2817 megawatts thermal. 
This increase will be achieved by the use of a Caldon Leading Edge 
Flowmeter CheckPlus\TM\ ultrasonic flow measurement system, which 
allows for more accurate measurement of feedwater flow.
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 120 days.
    Amendment No.: 278.
    Facility Operating License No. NPF-3: Amendment revised the 
Technical Specifications and License.
    Date of initial notice in Federal Register: September 11, 2007 (72 
FR 51861). The supplements dated September 18, October 8, and October 
19, 2007, January 15 (2 letters), February 14, February 20, March 12, 
and May 16, 2008, contained clarifying information and did not change 
the NRC staff's initial proposed finding of no significant hazards 
consideration. The Commission's related evaluation of the amendment is 
contained in a Safety Evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

FirstEnergy Nuclear Operating Company, et al., Docket No. 50-440, Perry 
Nuclear Power Plant, Unit No. 1, Lake County, Ohio

    Date of application for amendment: September 5, 2007 (Agencywide 
Document and Management System (ADAMS) Accession No. ML072550547).
    Brief description of amendment: The proposed amendment would revise 
Technical Specifications (TSs) 3.6.1, 3.6.4, and 3.6.5 to relax the 
position verification requirements for primary containments isolation 
devices, secondary containment isolation

[[Page 40634]]

devices, and drywell isolation devices that are locked, sealed, or 
otherwise secured. These changes are based on TS Task Force (TSTF) 
change traveler TSTF-45, Revision 2, and TSTF-269, Revision 2, which 
have been approved generically for the Boiling-Water Reactor (BWR) 
Standard Technical Specifications, NUREG-1434 (BWR/6).
    Date of issuance: June 19, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 120 days.
    Amendment No.: 149.
    Facility Operating License No. NPF-58: This amendment revised the 
Technical Specifications and License.
    Date of initial notice in Federal Register: January 29, 2008 (73 FR 
5221).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 19, 2008.
    No significant hazards consideration comments received: No.

FPL Energy Duane Arnold, LLC, Docket No. 50-331, Duane Arnold Energy 
Center, Linn County, Iowa

    Date of application for amendment: June 29, 2007.
    Brief description of amendment: This amendment changes Technical 
Specifications (TS) sections 3.7.4 and 5.5.13, to strengthen TS 
requirements regarding control room envelope (CRE) habitability by 
changing the action and surveillance requirements associated with the 
limiting condition for operation operability requirements for the CRE 
emergency ventilation system, and by adding a new TS administrative 
controls program on CRE habitability. The proposed revision to the TS 
and associated Bases is consistent with Standard Technical 
Specifications (STS) as revised by STS change traveler TS Task Force 
(TSTF)-448, Revision 3, ``Control Room Envelope Habitability.'' The 
plant-specific name for the CRE at Duane Arnold Energy Center is 
Control Building Envelope, as expressed in its application for 
amendment.
    Date of issuance: June 24, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 180 days.
    Amendment No.: 269.
    Facility Operating License No. DPR-49: The amendment revised the 
Technical Specifications and Facility Operating License.
    Date of initial notice in Federal Register: September 25, 2007 (72 
FR 54474).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 24, 2008.
    No significant hazards consideration comments received: No.

Luminant Generation Company LLC, Docket Nos. 50-445 and 50-446, 
Comanche Peak Steam Electric Station, Unit Nos. 1 and 2, Somervell 
County, Texas

    Date of amendment request: August 28, 2007, as supplemented by 
letters dated October 24, November 7, and December 3, 2007, January 10, 
29, and 31, February 21, 26, and 28, March 6, April 17, and May 14, 
2008.
    Brief description of amendments: The amendments revised the 
operating license and Technical Specification (TS) 1.0, ``Use and 
Application,'' to revise the rated thermal power from 3458 megawatts 
thermal (MWt) to 3612 MWt.
    Date of issuance: June 27, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 180 days from the date of issuance.
    Amendment Nos.: Unit 1--146; Unit 2--146.
    Facility Operating License Nos. NPF-87 and NPF-89: The amendments 
revised the Facility Operating Licenses and Technical Specifications.
    Date of initial notice in Federal Register: October 23, 2007 (72 FR 
60034). The supplements dated October 24, November 7, and December 3, 
2007, January 10, 29, and 31, February 21, 26, and 28, March 6, April 
17, and May 14, 2008, provided additional information that clarified 
the application, did not expand the scope of the application as 
originally noticed, and did not change the staff's original proposed no 
significant hazards consideration determination as published in the 
Federal Register on October 23, 2007 (72 FR 60034).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated June 27, 2008.
    No significant hazards consideration comments received: No.

Nebraska Public Power District, Docket No. 50-298, Cooper Nuclear 
Station, Nemaha County, Nebraska

    Date of amendment request: November 19, 2007, as supplemented by 
letters dated March 6, March 12, April 4, and May 9, 2008.
    Brief description of amendment: The amendment revises the license 
and Technical Specifications to reflect an increase in the rated 
thermal power from 2381 to 2419 megawatts thermal (1.62 percent 
increase).
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 90 days of issuance.
    Amendment No.: 231.
    Facility Operating License No. DPR-46: Amendment revised the 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: January 29, 2008 (73 FR 
5224). The supplements dated March 6, March 12, April 4, and May 9, 
2008, provided additional information that clarified the application, 
did not expand the scope of the application as originally noticed, and 
did not change the staff's original proposed no significant hazards 
consideration determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

Nuclear Management Company, LLC, Docket Nos. 50-282 and 50-306, Prairie 
Island Nuclear Generating Plant, Units 1 and 2, Goodhue County, 
Minnesota

    Date of application for amendments: July 3, 2007.
    Brief description of amendments: The amendments revise TS 1.4, 
``Frequency'' to modify the second paragraph of Example 1.4-1 to be 
consistent with the requirements of Surveillance Requirement (SR) 3.0.4 
and incorporate the changes in Technical Specification Task Force 
(TSTF) industry traveler TSTF-485, ``Correct Example 1.4-1''; revise TS 
5.5.7.a, to modify references to Section XI of the American Society of 
Mechanical Engineers (ASME) Code with references to the ASME Code for 
Operation and Maintenance of Nuclear Power Plants (ASME OM Code), to be 
consistent with TSTF-479, ``Changes to Reflect Revision of 10 CFR [Code 
of Federal Regulations] 50.55a''; revise TS 5.5.7.b, to restrict 
extension of Frequencies to those Frequencies specified as 2 years or 
less, and take exception to the limitation in SR 3.0.2 which does not 
apply the 1.25 times extension to Frequencies of 24 months, to be 
consistent with TSTF-479 and TSTF-497, ``Limit Inservice Testing 
Program SR 3.0.2 Application to Frequencies of 2 Years or Less''; and 
revise TS 5.5.7.d, to modify the referenced ASME Code to be consistent 
with TSTF-479.
    Date of issuance: June 27, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 90 days.
    Amendment Nos.: 185, 175.
    Facility Operating License Nos. DPR-42 and DPR-60: Amendments 
revised the Technical Specifications.
    Date of initial notice in Federal Register: August 28, 2007 (72 FR 
49579).

[[Page 40635]]

    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated June 27, 2008.
    No significant hazards consideration comments received: No.

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit No. 1, Washington County, Nebraska

    Date of amendment request: May 16, 2007.
    Brief description of amendment: The amendment revised Technical 
Specification requirements related to the control room envelope 
habitability in accordance with Technical Specification Task Force 
(TSTF) Traveler TSTF-448-A, Revision 3, ``Control Room Habitability.''
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 270 days of the date of issuance.
    Amendment No.: 257.
    Renewed Facility Operating License No. DPR-40: The amendment 
revised the Technical Specifications.
    Date of initial notice in Federal Register: June 19, 2007 (72 FR 
33784).
    The Commission's related evaluation of the amendment is contained 
in a safety evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

Pacific Gas and Electric Company, Docket No. 50-133, Humboldt Bay Power 
Plant, Unit 3, Humboldt County, California (Tac No. J00337)

    Date of application for amendment: November 5, 2007.
    Brief description of amendment: The amendment eliminates the 
security plan requirements from the 10 CFR Part 50 licensed site after 
the spent nuclear fuel has been transferred to the 10 CFR Part 72 
licensed Independent Spent Fuel Storage Installation (ISFSI).
    Date of issuance: June 16, 2008.
    Effective date: As of the date that the transfer of the last of the 
spent nuclear fuel to the ISFSI is complete and shall be implemented 
within 60 days after the transfer.
    Amendment No.: 43.
    Facility Operating License No. DPR-7: This amendment revises the 
License.
    Date of initial notice in Federal Register: February 12, 2008 (73 
FR 8071).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 16, 2008.
    No significant hazards consideration comments received: No.

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, 
Alabama

    Date of amendment request: June 5, 2007.
    Brief description of amendment request: The amendment revises the 
Joseph M. Farley Nuclear Plant, Units 1 and 2 Technical Specifications 
(TS) to add a new TS to address the operation of Engineered Safety 
Feature (ESF) Room Coolers required to support ESF TS equipment.
    Date of issuance: June 27, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days from the date of issuance.
    Amendment Nos.: Unit 1--176, Unit 2--169.
    Renewed Facility Operating License Nos. NPF-2 and NPF-8: Amendment 
revised the Technical Specifications and Licenses.
    Date of initial notice in Federal Register: September 25, 2007 (72 
FR 54480).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated June 27, 2008.
    No significant hazards consideration comments received: No.

STP Nuclear Operating Company, Docket Nos. 50-498 and 50-499, South 
Texas Project, Units 1 and 2, Matagorda County, Texas

    Date of amendment request: November 8, 2007.
    Brief description of amendments: The amendments modified Technical 
Specifications (TS) surveillance requirements, related to battery 
testing, by revising TS 3/4.8.2.1, ``DC [Direct Current] Sources--
Operating,'' TS 3/4.8.2.2, ``DC Sources--Shutdown,'' and TS 3/4.8.2.3, 
``Battery Parameters.'' The changes allow battery testing to be 
performed during any MODE of operation.
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days of issuance.
    Amendment Nos.: Unit 1--184; Unit 2--171.
    Facility Operating License Nos. NPF-76 and NPF-80: The amendments 
revised the Facility Operating Licenses and Technical Specifications.
    Date of initial notice in Federal Register: February 12, 2008 (73 
FR 8072).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

Tennessee Valley Authority, Docket No. 50 390, Watts Bar Nuclear Plant, 
Unit 1, Rhea County, Tennessee

    Date of application for amendment: June 8, 2007, as supplemented on 
December 26, 2007, and March 31, 2008.
    Brief description of amendment: The amendment revises several 
Technical Specification (TS) sections to allow relaxations of various 
Reactor Trip System/Engineered Safety Feature (RTS/ESF) logic 
completion times, bypass test times, allowable outage times, and 
surveillance testing intervals that were previously reviewed and 
approved by NRC under Westinghouse Reports WCAP-14333-P-A, 
``Probabilistic Risk Analysis of RPS [reactor protection system] and 
ESFAS [ESF Actuation System] Test Times and Completion Times,'' and 
WCAP-15376-P-A, ``Risk-Informed Assessment of the RTS and ESFAS 
Surveillance Test Intervals and Reactor Trip Breaker Test and 
Completion Times.'' The amendment also incorporates TS Task Force 
(TSTF) Change Travelers TSTF-169, ``Deletion of Condition 3.3.1.N,'' 
and TSTF-311, ``Revision of Surveillance Frequency for TADOT [Trip 
Actuation Device Operational Test] on Turbine Trip Functional Unit.''
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 120 days of issuance.
    Amendment No.: 68.
    Facility Operating License No. NPF-90: Amendment revises the 
Technical Specifications and License.
    Date of initial notice in Federal Register: July 31, 2007 (72 FR 
41789). The December 26, 2007, and March 31, 2008, supplemental letters 
provided clarifying information that was within the scope of the 
initial notice and did not change the initial proposed no significant 
hazards consideration determination.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

Virginia Electric and Power Company, Docket No. 50-339, North Anna 
Power Station, Unit 2, Louisa County, Virginia

    Date of application for amendment: December 5, 2007, as 
supplemented on March 14, April 3, and April 23, 2008.
    Brief description of amendment: The amendment revised Technical 
Specification (TS) 5.5.15, pertaining to the containment leakage rate 
testing program. The TS change permitted a one-time 5-year exception to 
the 10-year frequency of the performance based

[[Page 40636]]

leakage rate testing program for Type A tests, as required by 
Regulatory Guide (RG) 1.163. This one time exception to the RG 1.163 
requirement allows the next Type A test to be performed no later than 
October 9, 2014.
    Date of issuance: June 30, 2008.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days from the date of issuance.
    Amendment No.: 233.
    Renewed Facility Operating License Nos. NPF-4 and NPF-7: Amendment 
changed the license and the technical specifications.
    Date of initial notice in Federal Register: January 15, 2008 (73 FR 
2550).
    The supplements dated March 14, April 3, and April 23, 2008, 
provided additional information that clarified the application, did not 
expand the scope of the application as originally noticed, and did not 
change the staff's original proposed no significant hazards 
consideration determination. The Commission's related evaluation of the 
amendments is contained in a Safety Evaluation dated June 30, 2008.
    No significant hazards consideration comments received: No.

Notice of Issuance of Amendment to Facility Operating License and Final 
No Significant Hazards Consideration Determination

    During the period since publication of the last biweekly notice, 
individual notices of issuance of amendments have been issued for the 
facilities as listed below. These notices were previously published as 
separate individual notices. They are repeated here because this 
biweekly notice lists all amendments that have been issued for which 
the Commission has made a final determination that an amendment 
involves no significant hazards consideration.
    In this case, a prior Notice of Consideration of Issuance of 
Amendment, Proposed No Significant Hazards Consideration Determination, 
and Opportunity for a Hearing was issued, a hearing was requested, and 
the amendment was issued before any hearing because the Commission made 
a final determination that the amendment involves no significant 
hazards consideration.
    Details are contained in the individual notice as cited.

Carolina Power & Light Company, Docket No. 50-261, H. B. Robinson Steam 
Electric Plant, Unit No. 2, Darlington County, South Carolina

    Date of application for amendment: November 19, 2007, as 
supplemented by letter dated February 4, 2008.
    Brief description of amendment: The amendment makes administrative 
revisions to various Operating License (OL) and Technical 
Specifications (TS) sections. Specifically, the amendment changes OL 
Section 3.G (1) (secondary water chemistry program requirements), OL 
Section 3.G (2) (leakage reduction program requirements), TS Section 
1.1 (Definitions), TS Section 3.1.7 (Rod Position Indication), TS 
Section 3.4.3 (RCS Pressure and Temperature (P/T) Limits), TS Section 
3.4.9 (Pressurizer), TS Section 3.7.4 (Auxiliary Feedwater (AFW) 
System), TS Section 5.5.12 (Explosive Gas and Storage Tank 
Radioactivity Monitoring Program), and TS Section 5.6.6 (Post Accident 
Monitoring (PAM) Instrumentation Report). The changes are 
administrative in nature and improve the accuracy and clarity of the 
TSs and OL without resulting in changes to the plant design or the 
procedural controls for the operation, surveillance, or maintenance of 
the plant.
    Date of issuance: June 19, 2008.
    Effective date: Effective as of the date of issuance and shall be 
implemented within 30 days.
    Amendment No.: 218.
    Renewed Facility Operating License No. DPR-23: The amendment 
revises the Technical Specifications and Facility Operating License.
    Date of initial notice in Federal Register: December 31, 2007.
    Public comments requested as to proposed no significant hazards 
consideration (NSHC): No.
    The Commission's related evaluation of the amendment is contained 
in a safety evaluation dated June 19, 2008.
    Attorney for licensee: David T. Conley, Associate General Counsel 
II--Legal Department, Progress Energy Service Company, LLC, Post Office 
Box 1551, Raleigh, North Carolina 27602-1551.
    NRC Branch Chief: Thomas H. Boyce.

Notice of Issuance of Amendments to Facility Operating Licenses and 
Final Determination of No Significant Hazards Consideration and 
Opportunity for a Hearing (Exigent Public Announcement or Emergency 
Circumstances)

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application for the 
amendment complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR Chapter I, which are set forth in the license amendment.
    Because of exigent or emergency circumstances associated with the 
date the amendment was needed, there was not time for the Commission to 
publish, for public comment before issuance, its usual Notice of 
Consideration of Issuance of Amendment, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing.
    For exigent circumstances, the Commission has either issued a 
Federal Register notice providing opportunity for public comment or has 
used local media to provide notice to the public in the area 
surrounding a licensee's facility of the licensee's application and of 
the Commission's proposed determination of no significant hazards 
consideration. The Commission has provided a reasonable opportunity for 
the public to comment, using its best efforts to make available to the 
public means of communication for the public to respond quickly, and in 
the case of telephone comments, the comments have been recorded or 
transcribed as appropriate and the licensee has been informed of the 
public comments.
    In circumstances where failure to act in a timely way would have 
resulted, for example, in derating or shutdown of a nuclear power plant 
or in prevention of either resumption of operation or of increase in 
power output up to the plant's licensed power level, the Commission may 
not have had an opportunity to provide for public comment on its no 
significant hazards consideration determination. In such case, the 
license amendment has been issued without opportunity for comment. If 
there has been some time for public comment but less than 30 days, the 
Commission may provide an opportunity for public comment. If comments 
have been requested, it is so stated. In either event, the State has 
been consulted by telephone whenever possible.
    Under its regulations, the Commission may issue and make an 
amendment immediately effective, notwithstanding the pendency before it 
of a request for a hearing from any person, in advance of the holding 
and completion of any

[[Page 40637]]

required hearing, where it has determined that no significant hazards 
consideration is involved.
    The Commission has applied the standards of 10 CFR 50.92 and has 
made a final determination that the amendment involves no significant 
hazards consideration. The basis for this determination is contained in 
the documents related to this action. Accordingly, the amendments have 
been issued and made effective as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.12(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action, see (1) the 
application for amendment, (2) the amendment to Facility Operating 
License, and (3) the Commission's related letter, Safety Evaluation 
and/or Environmental Assessment, as indicated. All of these items are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, Public File Area 01F21, 
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. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the PDR Reference 
staff at 1 (800) 397-4209, (301) 415-4737 or by e-mail to [email protected].
    The Commission is also offering an opportunity for a hearing with 
respect to the issuance of the amendment. Within 60 days after the date 
of publication of this notice, person(s) 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 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 01F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland, and electronically on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are 
problems in accessing the document, contact the PDR Reference staff at 
1 (800) 397-4209, (301) 415-4737, or by e-mail to [email protected]. 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 requestor's/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 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.\1\ 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.
---------------------------------------------------------------------------

    \1\ To the extent that the applications contain attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel and discuss the need for a 
protective order.
---------------------------------------------------------------------------

    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns/issues relating to technical and/
or health and safety matters discussed or referenced in the 
applications.
    2. Environmental--primarily concerns/issues relating to matters 
discussed or referenced in the environmental analysis for the 
applications.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more petitioners/requestors 
seek to co-sponsor a contention, the petitioners/requestors shall 
jointly designate a representative who shall have the authority to act 
for the petitioners/requestors with respect to that contention. If a 
petitioner/requestor seeks to adopt the contention of another 
sponsoring petitioner/requestor, the petitioner/requestor who seeks to 
adopt the contention must either agree that the sponsoring petitioner/
requestor shall act as the representative with respect to that 
contention, or jointly designate with the sponsoring petitioner/
requestor a representative who shall have the authority to act for the 
petitioners/requestors with respect to that contention.
    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. Since the Commission has made a final determination that the 
amendment involves no significant hazards consideration, if a hearing 
is requested, it will not stay the effectiveness of the amendment. Any 
hearing held would take place while the amendment is in effect.
    A request for hearing or a petition for leave to intervene must be 
filed in

[[Page 40638]]

accordance with the NRC E-Filing rule, which the NRC promulgated in 
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 submission.

Southern Nuclear Operating Company, Inc., Docket No. 50-425, Vogtle 
Electric Generating Plant, Unit 2, Burke County, Georgia

    Date of amendment request: June 24, 2008, as supplemented by letter 
dated June 25, 2008.
    Description of amendment request: The amendment revises Limiting 
Condition for Operation (LCO) 3.6.6, ``Containment Spray and Cooling 
Systems,'' Action A Completion Time, from 72 hours to a one-time 7 day 
Completion Time to allow repair on the VEGP Unit 2 Containment Spray 
Pump B.
    Date of issuance: June 25, 2008.
    Effective date: June 25, 2008, and shall be implemented on June 25, 
2008.
    Amendment No.: 131.
    Facility Operating License No. (NPF-81): Amendment revised the 
technical specifications and license.
    Public comments requested as to proposed no significant hazards 
consideration (NSHC): No.
    The Commission's related evaluation of the amendment, finding of 
emergency circumstances, state consultation, and final NSHC 
determination are contained in a safety evaluation dated June 25, 2008.
    Attorney for licensee: Arthur H. Domby, Esquire, Troutman Sanders, 
Nations Bank Plaza, 600 Peachtree Street, NE., Suite 5200, Atlanta, GA 
30308-2216.
    NRC Acting Branch Chief: John F. Stang, Acting.

    Dated at Rockville, Maryland, this 3rd day July 2008.

    For the Nuclear Regulatory Commission.
Timothy J. McGinty,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. E8-15684 Filed 7-14-08; 8:45 am]
BILLING CODE 7590-01-P