[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Notices]
[Pages 55166-55168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22360]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410]


Nine Mile Point Nuclear Station, LLC, Nine Mile Point Nuclear 
Station, Unit No. 2; 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 (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-69 issued to Nine Mile Point Nuclear Station, LLC (NMPNS, or the 
licensee) for operation of the Nine Mile Point Nuclear Station, Unit 
No. 2 located in Oswego, New York.
    The proposed amendment would modify Technical Specification (TS) 
3.7.3, ``Control Room Envelope Air Conditioning (AC) System,'' by 
adding an Action Statement to the Limiting Conditions for Operation. 
The new Action Statement allows a finite time to restore one control 
room envelope AC subsystem to operable status and requires verification 
that the control room temperature remains < 90 [deg]F every 4 hours. In 
its application dated July 30, 2007, the licensee submitted its 
proposed changes as being applicable to the model Nuclear Regulatory 
Commission (NRC)-approved TS Task Force (TSTF) TSTF-477, Revision 3, 
``Adding an Action Statement for Two Inoperable Control Room Air 
Conditioning Subsystems.'' The availability of this TS improvement was 
published in the Federal Register on March 26, 2007 (72 FR 14143), as 
part of the consolidated line item improvement process. By letter dated 
September 8, 2008, the licensee provided administrative changes to its 
proposed TSs and a supplemental No Significant Hazards Consideration 
determination as shown below.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes administratively revise the wording of TS 
3.7.3, ``Control Room Air Conditioning (AC) System,'' and do not 
change Actions or associated Completion Times currently included in 
the TS (as modified by TSTF-477-A). They do not impact any accident 
initiators, the ability to mitigate previously evaluated accidents, 
or the assumptions used in evaluating the radiological consequences 
of previously evaluated accidents. The proposed changes do not 
involve the addition or removal of any equipment, or any design 
changes to the facility.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes administratively revise the wording of TS 
3.7.3, ``Control Room Air Conditioning (AC) System,'' and do not 
change Actions or associated Completion Times currently included in 
the TS (as modified by TSTF-477-A). They do not involve a 
modification to the physical configuration of the plant (i.e., no 
new equipment will be installed) or involve a change in the methods 
governing normal plant operation. The proposed changes will not 
impose any new or different requirements or introduce a new accident 
initiator, accident precursor, or failure mechanism.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed TS changes are administrative in nature. They do 
not involve a modification to the physical configuration of the 
plant (i.e., no new equipment will be installed) or change the 
methods governing normal plant operation. The proposed changes do 
not modify the safety limits or setpoints at which protective 
actions are initiated, and do not change the requirements governing 
operation or availability of safety equipment assumed to operate to 
preserve margins of safety.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.


[[Page 55167]]


    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any 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 6D59, Two White Flint North, 11545 Rockville Pike, 
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. 
Documents may be examined, and/or copied for a fee, at the NRC's Public 
Document Room (PDR), located at One White Flint North, Public File Area 
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.
    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/requestor must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner to relief. A petitioner/requestor 
who fails to satisfy these requirements with respect to at least one 
contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
requires participants to submit and serve documents over the Internet 
or in some cases to mail copies on electronic storage media. 
Participants may not submit paper copies of their filings unless they 
seek a waiver in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
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

[[Page 55168]]

participant (or its counsel or representative) to digitally sign 
documents and access the E-Submittal server for any proceeding in which 
it is participating; and/or (2) creation of an electronic docket for 
the proceeding (even in instances in which the petitioner/requestor (or 
its counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/ requestor will need to download the 
Workplace Forms Viewer\TM\ to access the Electronic Information 
Exchange (EIE), a component of the E-Filing system. The Workplace Forms 
Viewer\TM\ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a 
digital ID certificate is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it can then submit 
a request for hearing or petition for leave to intervene. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its documents through EIE. To be timely, an 
electronic filing must be submitted to the EIE system no later than 
11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access to 
the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First-class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted, based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
Participants are requested not to include copyrighted materials in 
their submissions.
    For further details with respect to this license amendment 
application, see the application for amendment dated July 30, 2007, as 
supplemented by letters dated April 7 and September 8, 2008, which are 
available for public inspection at the Commission's PDR, located at One 
White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible 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/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].

    Dated at Rockville, Maryland, this 17th day of September 2008.

    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-22360 Filed 9-23-08; 8:45 am]
BILLING CODE 7590-01-P