[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19431-19434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8511]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-483; NRC-2010-0151]
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 (NRC or 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.
The proposed amendment would revise the Technical Specification
(TS) 3.3.2, ``Engineered Safety Feature Actuation System (ESFAS)
Instrumentation,'' regarding function 6.g in TS Table 3.3.2-1. Function
6.g provides an auxiliary feedwater (AFW) start signal that is provided
to the motor-driven AFW pumps in the event of a trip of both turbine-
driven main feedwater (MFW) pumps. The changes would revise Condition J
for ESFAS instrumentation function 6.g to read, ``One or more Main
Feedwater Pumps trip channel(s) inoperable.'' The licensee will make
corresponding changes to Required Action J.1 and the Note above
Required Actions J.1 and J.2 for consistency with the revised
Condition.
In accordance with the requirements of paragraph 50.91(a)(6) of
Title 10 of the Code of Federal Regulations (10 CFR), the licensee
requested approval of the amendment on exigent basis. The licensee
stated that exigent approval was needed due to the time-critical nature
of the requested amendment. The licensee requested approval of the
amendment by May 14, 2010. The exigency arises due to the fact that, in
the absence of approval of the amendment to TS 3.3.2, if the running
MFW pump were to trip, Callaway Plant, Unit 1, will not be able to
resume operation to the plant's licensed power level upon restart from
its refueling outage 17, scheduled to end on May 14, 2010.
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
[[Page 19432]]
regulations in 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:
[Union Electric Company] has evaluated whether or not a
significant hazards consideration is involved with the proposed
amendment by focusing on the three standards set forth in 10 CFR
50.92, ``Issuance of amendment,'' Part 50.92(c), as discussed 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 design
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
credited functions in the plant design and analysis basis. There
will be no changes to the protection system 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.
Therefore, the proposed changes will have no impact on the
probability of occurrence of an accident previously evaluated in the
FSAR [Final Safety Analysis Report].
The transients and design basis events for which the initiation
of the AFW system is credited are the main steam line break, loss of
non-emergency AC [alternating current] power, loss of normal
feedwater, main feed line break, and small break loss of coolant
accident. The analyses of these events in FSAR Chapter 15 assume
actuation of the AFW system due to a loss of offsite power signal
(starts the turbine-driven AFW pump only), steam generator water
level low-low signal (starts the motor-driven AFW pumps for low
level in one steam generator, and starts the turbine-driven AFW pump
for low level in two steam generators), or a safety injection signal
(starts the motor-driven AFW pumps). The anticipatory motor-driven
AFW pump auto-start signals from the turbine-driven MFW pumps are
not credited in any design basis accidents and are, therefore, not
part of the primary success path for postulated accident mitigation
as defined by 10 CFR 50.36(c)(2)(ii), Criterion 3. Modifying TS
3.3.2 Condition J and its Required Actions for ESFAS instrumentation
function 6.g will not impact any previously evaluated design basis
accidents.
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 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.
The proposed changes would provide a TS Condition for more than
one inoperable channel within ESFAS instrumentation function 6.g.
These changes involve an anticipatory motor-driven AFW pump auto-
start function that is not credited in any accident analysis. The
proposed changes do not affect the credited ESFAS functions that
actuate AFW due to a loss of offsite power, steam generator water
level low-low, or a safety injection signal.
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, Solid State Protection System, BOP [Balance of Plant] ESFAS,
MSFIS [Main Steam and Feed Isolation System], or LSELS [Load
Shedding and Emergency Load Sequencing] used in the plant protection
systems.
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 change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes involve the automatic start of the motor-
driven AFW pumps after a trip of both turbine-driven MFW pumps which
is not a credited start signal for any design basis event. This
change does not modify any values or limits involved in a safety-
related function or accident analysis.
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. No instrument setpoints or system response times are
affected. 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 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.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2010-0151 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove
[[Page 19433]]
any identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to http://www.regulations.gov and
search for documents filed under Docket ID NRC-2010-0151. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
Mail comments to: Michael T. Lesar, Chief, Rulemaking,
Announcements and Directives Branch (RADB), Division of Administrative
Services, Office of Administration, Mail Stop: TWB-05-B01M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to
RDB at (301) 492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O1
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0151.
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 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 (1)
request 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
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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.
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 April 14, 2010. 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 March 29, 2010, as
supplemented by letter dated March 29, 2010 (Agencywide Documents
Access and Management System (ADAMS) Accession Nos. ML100880430 and
ML100890460, respectively), which are 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 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: John O'Neill, Esq., Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street, NW., Washington, DC 20037.
Dated at Rockville, Maryland, this 7th day of April 2010.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch LPL4, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-8511 Filed 4-13-10; 8:45 am]
BILLING CODE 7590-01-P