[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78858-78861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30474]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-483]
Union Electric Company; 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-30 issued to Union Electric Company (the licensee) for operation of
the Callaway Plant, Unit 1 located in Callaway County, Missouri.
By letter dated October 31, 2008, the Nuclear Regulatory Commission
issued Amendment No. 186, to Callaway Plant, Unit 1, Facility Operating
License No. NPF-30. The amendment allowed a one-time extension of the
allowed outage time (completion time) for each of the two essential
service water (ESW) trains (ESW Train A and Train B) from 72 hours to
14 days. The extended completion time was requested to support planned
replacement of the underground carbon steel piping with new high
density polyethylene (HDPE) piping for ESW Train A and ESW Train B
during plant operation. The amendment was issued with a requirement to
complete the replacement of carbon steel piping with HDPE for both ESW
trains by December 31, 2008. By its application dated December 1, 2008,
the licensee informed NRC that it had experienced significant delays in
completing the replacement of underground piping/conduit of ESW Train
A, due, in part, to underground obstructions during excavation, a
longer refueling outage (Refuel 16) than anticipated, a forced outage
at the beginning of Cycle 17, switchyard maintenance, and other
equipment and personnel issues. Therefore, the licensee proposed a
change in plant modification dates for replacement of ESW Train B
carbon steel piping. The present plan calls for completing the
modification of ESW Train A by December 31, 2008, as approved by
Amendment No. 186. Consequently, the proposed amendment would extend
the implementation date for completion of replacement of carbon steel
piping for ESW Train B from December 31, 2008, to April 30, 2009.
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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Overall protection system performance will remain within the
bounds of the previously performed accident analyses since no
hardware changes are proposed to the protection systems. The same
reactor trip system (RTS) and engineered safety feature actuation
system (ESFAS) instrumentation will continue to be used. The
protection systems will continue to function in a manner consistent
with the plant design basis. The use of polyethylene (PE) piping in
the ESW system will result in improved system performance and
enhanced system reliability, and will provide an acceptable level of
quality and safety. There will be no changes to the essential
service water (ESW) system or ultimate heat sink (UHS) surveillance
and operating limits.
The proposed changes will not adversely affect accident
initiators or precursors nor alter the design assumptions,
conditions, and configuration of the facility or the manner in which
the plant is operated and maintained. The proposed changes will not
alter or prevent the ability of structures, systems, and components
(SSCs) from performing their intended functions to mitigate the
consequences of an initiating event within the assumed acceptance
limits.
The proposed changes do not affect the way in which safety-
related systems perform their functions.
All accident analysis acceptance criteria will continue to be
met with the proposed changes. The proposed changes will not affect
the source term, containment isolation, or radiological release
assumptions used in evaluating the radiological consequences of an
accident previously evaluated. The proposed changes will not alter
any assumptions or change any mitigation actions in the radiological
consequence evaluations in the FSAR. The applicable radiological
dose acceptance criteria will continue to be met.
Therefore, the proposed changes do not involve a significant
increase in the
[[Page 78859]]
probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
There are no proposed changes in the method by which any safety-
related plant SSC performs its safety function. The proposed changes
will not affect the normal method of plant operation or change any
operating parameters. No equipment performance requirements will be
affected. The proposed changes will not alter any assumptions made
in the safety analyses.
No new accident scenarios, transient precursors, failure
mechanisms, or limiting single failures will be introduced as a
result of this amendment. There will be no adverse effect or
challenges imposed on any safety-related system as a result of this
amendment.
The proposed amendment will not alter the design or performance
of the 7300 Process Protection System, Nuclear Instrumentation
System, or Solid State Protection System used in the plant
protection systems.
Therefore, the proposed changes do not create the possibility of
a new or different accident from any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
There will be no effect on those plant systems necessary to
assure the accomplishment of protection functions. There will be no
impact on the overpower limit, departure from nucleate boiling ratio
(DNBR) limits, heat flux hot channel factor (FQ), nuclear
enthalpy rise hot channel factor (F[Delta]H), loss of coolant
accident peak cladding temperature (LOCA PCT), peak local power
density, or any other margin of safety. The applicable radiological
dose consequence acceptance criteria will continue to be met.
The proposed changes do not eliminate any surveillances or alter
the frequency of surveillances required by the Technical
Specifications. None of the acceptance criteria for any accident
analysis will be changed.
The proposed changes will have no impact on the radiological
consequences of a design basis accident.
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, 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, TWB-05-B01M, 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. 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
[[Page 78860]]
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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
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 all adjudicatory 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 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 electronic filing
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday. The electronic filing Help Desk can be contacted
by telephone at 1-866-672-7640 or by e-mail at [email protected].
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 or the presiding
officer of 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).
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 December 1, 2008,
which is available for public inspection at the Commission's PDR,
located at One White Flint North, File Public Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible 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].
[[Page 78861]]
Dated at Rockville, Maryland, this 16th day of December 2008.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-30474 Filed 12-22-08; 8:45 am]
BILLING CODE 7590-01-P