[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]
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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