[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50649-50651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19838]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-247]


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

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-26, issued to Entergy Nuclear Operations, Inc. (Entergy or the 
licensee), for operation of the Indian Point Nuclear Generating Unit 
No. 2 (IP2) located in Westchester County, New York.
    The proposed amendment would change Technical Specification (TS) 
3.8.1, Required Action A.4, to allow a one time extension to the 
completion time for the loss of one offsite power circuit from 72 hours 
to 144 hours to support replacement of one of the station auxiliary 
transformer (SAT) cooling oil pumps.
    This condition is exigent for IP2, as the cooling pump failure was 
not anticipated and the maintenance is considered to be urgent. The 
licensee estimated that the cooling oil pump replacement would take 
about 60 hours, which leaves little to no margin to the current 72-hour 
completion time. Circumstances such as delays in removal of old pump or 
installation of new pump, or additional work activities identified when 
old pump is removed, or anomalies detected during testing of the new 
pump while in place, may require some extension of the scheduled work.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves 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. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No. The proposed change will revise the completion 
time for the loss of one offsite power source from 72 hours to 144 
hours. The proposed one time extension of the completion time for 
the loss of one offsite power circuit does not significantly 
increase the probability of an accident previously evaluated. The 
Station Auxiliary Transformer (SAT) is not the initiator of 
previously evaluated accidents involving a loss of offsite power. 
The proposed one time extension to the completion time for loss of 
offsite power will not significantly increase the consequences of an 
accident previously evaluated. The Technical Specifications continue 
to require equipment needed to power the 480 V buses that will power 
safety related equipment necessary to perform any required safety 
function. The one time extension of the completion time by 72 hours 
does not affect the design of the SAT, the interface of the SAT with 
other plant systems, the operating characteristics of the SAT or the 
reliability of the SAT. Therefore, the proposed change does not 
involve significant increase in the probability or consequences of 
previously evaluated accidents.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No. The proposed change will only affect the time 
allowed to restore the operability of the offsite power source 
through the SAT. The proposed changes do not affect the design, 
configuration or operation of the plant. There are no changes to the 
SAT or the supporting systems operating characteristics or 
conditions. Therefore, there are no potential new system 
interactions or failures that could create the possibility of a new 
or different kind of accident from any accident previously 
evaluated. The plant remains analyzed for a total loss of offsite 
power.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No. The proposed change will revise the completion 
time for an offsite AC power circuit but does not affect the 
Limiting Conditions for Operation used to establish the margin of 
safety. The increase in the completion time increases the period 
when the plant may be operating with one offsite power source. The 
margin of safety is maintained by maintaining the ability to safely 
shut the plant down and remove residual heat. Actions will be taken 
to perform work during periods of lower risk to grid stability and 
to provide assurance that required equipment is kept operable and 
provided with a backup onsite power source in addition to the normal 
sources. The proposed change does not involve a significant 
reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this

[[Page 50650]]

review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 14 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 the 14-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rulemaking, 
Directives and Editing Branch, Division of Administrative Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and should cite the publication date and 
page number of this Federal Register notice. Written comments may also 
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, 
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 
Documents may be examined, and/or copied for a fee, at the NRC's Public 
Document Room, located at One White Flint North, Public File Area O1 
F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below:
    Within 60 days after the date of publication of this notice, the 
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(s) 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 O1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible from the Agencywide Documents Access and 
Management System's (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to 
intervene is filed by the above date, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel, will rule on the 
request and/or petition; and the Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of a 
hearing or an appropriate order.
    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 basis for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor must provide 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 contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
requires participants to submit and serve documents over the internet 
or in some cases to mail copies on electronic storage media. 
Participants may not submit paper copies of their filings unless they 
seek a waiver in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) 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

[[Page 50651]]

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.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
Participants are requested not to include copyrighted materials in 
their submissions.
    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.
    For further details with respect to this exigent license 
application, see the application for amendment dated July 30, 2008, 
which is available for public inspection at the Commission's Public 
Document Room (PDR), located at One White Flint North, Public File Area 
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible electronically 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.html. Persons who do not have access to ADAMS or 
who encounter problems in accessing the documents located in ADAMS 
should contact the NRC PDR Reference staff by telephone at 1-800-397-
4209, or 301-415-4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 19th day of August 2008.

    For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-19838 Filed 8-26-08; 8:45 am]
BILLING CODE 7590-01-P