[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67932-67935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30232]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286; NRC-2009-0562]
Entergy Nuclear Operations, Inc.; 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.
DPR-64, issued to Entergy Nuclear Operations, Inc. (the licensee), for
operation of the Indian Point Nuclear Generating Unit No. 3 (IP3)
located in Westchester County, New York.
The proposed amendment would allow a one-time extension of the 72-
hour completion time of Technical Specification (TS) 3.7.5, Condition
B, Action B.1 ``Restore AFW [auxiliary feedwater] train to OPERABLE
status'' by 34 hours.
On November 23, 2009, the No. 32 auxiliary boiler feedwater pump
(ABFP) was found to have high axial vibrations. The ABFP is used for
plant startup. It also supplies high pressure feedwater to
[[Page 67933]]
the steam generators in order to maintain sufficient water inventory in
the steam generators to allow for the removal of decay heat from the
reactor coolant system. An exigent TS change is being requested in
order to further evaluate the cause of the high vibrations, to inspect/
replace the bearing and to perform other corrective actions as needed
to increase the reliability of the pump. Performing further assessment/
repairs would provide greater assurance that the pump will not see an
unexpected increase in vibrations due to future testing.
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 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?
No. The proposed change revises the allowed outage time (AOT)
for the steam driven Auxiliary Boiler Feedwater Pump (ABFP) on a one
time basis. Revising the AOT is not an accident initiator since an
ABFP is a mitigating system. Therefore the proposed changes do not
increase the probability of an accident occurring. The proposed AOT
change is a one time increase that will allow repairs without the
transient of shutdown. The plant is designed for single failure and
recognizes that inoperability for short periods does not cause a
significant increase in the consequences of an accident. The one
time increase in this outage time is compensated with measures to
reduce the potential need for the ABFP and the effects of events
that could require the pump. Therefore the increase does not
significantly increase the consequences of an accident. Therefore
the proposed change does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated?
No. The proposed change revises the allowed outage time for the
ABFP on a one time basis. The proposed change does not involve
installation of new equipment or modification of existing equipment,
so no new equipment failure modes are introduced. The proposed
revision is not a change to the way that the equipment or facility
is operated or analyzed and no new accident initiators are created.
Therefore the proposed change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
No. The reduction in the margin of safety associated with
continued IP3 operation with Auxiliary Boiler Feedwater (ABF) pump
32 out of service during a 34 hour period beyond current allowed
outage time is represented by an increase of approximately 50
percent in the allowed outage time. This change in the margin of
safety has been compensated for by specific compensatory measures to
reduce the potential need for the pump and to address postulated
events that could require the pump. The increase in core damage
frequency (CDF) associated with continued IP3 operation with ABFP 32
out of service for a duration of 106 hours which represents a 34
hour period beyond the current allowed outage time is 3.9E-5 per
reactor year (ry). This results in an incremental conditional core
damage probability (ICCDP) of 4.8E-07, which is below the ICCDP
guidance threshold of 5E-07 identified in NRC Inspection Manual Part
9900. The ICCDP includes risk due to external events due to seismic,
fire, and flood. The increase in large early release frequency
(LERF) was estimated as 4.2E-7/ry (including external events), which
results in an incremental conditional large early release
probability (ICLERP) of 5.1E-9. Therefore the proposed change does
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 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
and Directives Branch (RDB), 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. Written comments may also
be faxed to the RDB at 301-492-3446. 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.
Within 60 days of this notice, any person(s) whose interest may be
affected may file a request for hearing/petition to intervene. As
required by 10 CFR 2.309, a petition for leave to intervene shall set
forth with particularity the interest of the requestor/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 requestor/petitioner
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
requestor/petitioner 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
requestor/petitioner must
[[Page 67934]]
also provide references to those specific sources and documents of
which the requestor/petitioner is aware and on which the requestor/
petitioner intends to rely to establish those facts or expert opinion.
The requestor/petitioner 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 requestor/petitioner to relief. A
requestor/petitioner 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.
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 (72 FR 49139,
August 28, 2007). 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 an exemption 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 participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
[[Page 67935]]
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, or the 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, unless an NRC regulation or other law requires submission of
such information. 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.
Petitions for leave to intervene must be filed no later than 60
days from December 21, 2009. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
For further details with respect to this exigent license
application, see the application for amendment dated December 15, 2009,
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/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, or 301-415-4737, or by e-mail to [email protected].
Attorney for licensee: Mr. William C. Dennis, Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White
Plains, NY 10601.
Dated at Rockville, Maryland, this 15th day of December 2009.
For the Nuclear Regulatory Commission.
Nancy L. Salgado,
Chief, Plant Licensing Branch I-1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-30232 Filed 12-18-09; 8:45 am]
BILLING CODE 7590-01-P