[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21595-21601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8464]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0082]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing and petition for leave to intervene, order.
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DATES: Comments must be filed by May 10, 2012. A request for a hearing
or leave to intervene must be filed by June 11, 2012. Any potential
party as defined in Title 10 of the Code of Federal Regulations (10
CFR) 2.4 who believes access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) is necessary to respond to this notice must request
document access by April 20, 2012.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly available, by
searching on http://www.regulations.gov under Docket ID NRC-2012-0082.
You may submit comments by the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0082. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0082 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0082.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2012-0082 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
II. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission or NRC staff) is publishing this notice. The Act requires
the Commission to publish notice of any amendments issued, or proposed
to be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This notice includes notices of amendments containing SUNSI.
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses and Combined Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve 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
[[Page 21596]]
accident previously evaluated; (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. The basis
for this proposed determination for each amendment request is shown
below.
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.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. 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 and Issuance of Orders'' in
10 CFR Part 2. Interested person(s) should consult a current copy of 10
CFR 2.309, which is available at the NRC's PDR, located at One White
Flint North, Room O1-F21, 11555 Rockville Pike (first floor),
Rockville, Maryland 20852. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing
or petition for leave to intervene is filed within 60 days, 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 issued in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth 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 requestor/
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 petitioner is aware and on which the
requestor/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 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, and the Commission has not made a final
determination on the issue of no significant hazards consideration, 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, then 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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital identification (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.
[[Page 21597]]
Information about applying for a digital ID certificate is
available on the 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 the 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 the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
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 the NRC guidance
available on the NRC's 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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's Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 1-866-672-7640. 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 the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, 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 the date of publication of this notice. 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 amendment action, see the
application for amendment which is available for public inspection at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852.
Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric
Station, Unit 3, St. Charles Parish, Louisiana
Date of amendment request: November 17, 2011, as supplemented by
letter dated January 26, 2012.
Description of amendment request: This license amendment request
(LAR) contains Sensitive Unclassified Non-Safeguards Information
(SUNSI). The LAR requests NRC review and approval for adoption of a new
risk-informed, performance-based (RI-PB) fire protection licensing
basis for Waterford Steam Electric Station, Unit 3. The request is
submitted in accordance with the requirements in 10 CFR 50.48(a) and
(c), and the guidance in NRC Regulatory Guide (RG) 1.205, ``Risk-
Informed Performance-Based Fire Protection for Existing Light-Water
Nuclear Power Plants,'' National Fire Protection Association (NFPA)
805, ``Performance-Based Standard for Fire Protection for Light Water
Reactor Electric Generating Plants (2001),'' and Nuclear Energy
Institute (NEI) 04-02, ``Guidance for Implementing a Risk-Informed,
Performance-Based Fire Protection Program under 10 CFR 50.48(c).''
Basis for proposed no significant hazards consideration
determination: 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:
Criterion 1: The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
Operation of the Waterford Steam Electric Station, Unit 3
(Waterford 3) in accordance with the proposed amendment does not
result in a significant increase in the probability or consequences
of accidents previously evaluated. The proposed amendment does not
affect accident initiators
[[Page 21598]]
or precursors as described in the Waterford 3 Updated Final Safety
Analysis Report (UFSAR), nor does it adversely alter design
assumptions, conditions, or configurations of the facility, and it
does not adversely impact the ability of structures, systems, or
components (SSCs) to perform their intended function 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 as required by the accident
analysis. The SSCs required to safely shut down the reactor and to
maintain it in a safe shutdown condition will remain capable of
performing their design functions.
The purpose of this amendment is to permit Waterford 3 to adopt
a new risk-informed, performance-based fire protection licensing
basis that complies with the requirements in 10 CFR 50.48(a) and 10
CFR 50.48(c), as well as the guidance contained in Regulatory Guide
(RG) 1.205. The NRC considers that NFPA 805 provides an acceptable
methodology and performance criteria for licensees to identify fire
protection requirements that are an acceptable alternative to the 10
CFR Part 50, Appendix R, fire protection features (69 FR 33536; June
16, 2004). Engineering analyses, which may include engineering
evaluations, probabilistic risk assessments, and fire modeling
calculations, have been performed to demonstrate that the
performance-based requirements of NFPA 805 have been met.
NFPA 805, taken as a whole, provides an acceptable alternative
for satisfying General Design Criterion 3 (GDC 3) of Appendix A to
10 CFR Part 50, meets the underlying intent of the NRC's existing
fire protection regulations and guidance, and achieves defense-in-
depth along with the goals, performance objectives, and performance
criteria specified in NFPA 805, Chapter 1. In addition, if there are
any increases in core damage frequency (CDF) or risk as a result of
the transition to NFPA 805, the increase will be small, governed by
the delta risk requirements of NFPA 805, and consistent with the
intent of the Commission's Safety Goal Policy.
Based on the above, the implementation of this amendment to
transition the Fire Protection Plan (FPP) at Waterford 3 to one
based on NFPA 805, in accordance with 10 CFR 50.48(c), does not
result in a significant increase in the probability of any accident
previously evaluated. In addition, all equipment required to
mitigate an accident remains capable of performing the assumed
function.
Therefore, the consequences of any accident previously evaluated
are not significantly increased with the implementation of this
amendment.
Criterion 2: The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident from Any Accident Previously
Evaluated
Operation of Waterford 3 in accordance with the proposed
amendment does not create the possibility of a new or different kind
of accident from any accident previously evaluated. Any scenario or
previously analyzed accident with offsite dose consequences was
included in the evaluation of design basis accidents (DBA)
documented in the UFSAR as a part of the transition to NFPA 805. The
proposed amendment does not impact these accident analyses. The
proposed change does not alter the requirements or functions for
systems required during accident conditions, nor does it alter the
required mitigation capability of the fire protection program, or
its functioning during accident conditions as assumed in the
licensing basis analyses and/or DBA radiological consequences
evaluations.
The proposed amendment does not adversely affect accident
initiators nor alter design assumptions, or conditions of the
facility. The proposed amendment does not adversely affect the
ability of SSCs to perform their design function. SSCs required to
maintain the unit in a safe and stable condition remain capable of
performing their design functions.
The purpose of the proposed amendment is to permit Waterford 3
to adopt a new fire protection licensing basis which complies with
the requirements in 10 CFR 50.48(a) and (c) and the guidance in
Revision 1 of RG 1.205. As indicated in the Statements of
Consideration, the NRC considers that NFPA 805 provides an
acceptable methodology and performance criteria for licensees to
identify fire protection systems and features that are an acceptable
alternative to the 10 CFR Part 50 Appendix R fire protection
features.
The requirements in NFPA 805 address only fire protection and
the impacts of fire effects on the plant have been evaluated. The
proposed fire protection program changes do not involve new failure
mechanisms or malfunctions that could initiate a new or different
kind of accident beyond those already analyzed in the UFSAR. Based
on this, as well as the discussion above, the implementation of this
amendment to transition the FPP at Waterford 3 to one based on NFPA
805, in accordance with 10 CFR 50.48(c), does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
Criterion 3: The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
Operation of Waterford 3 in accordance with the proposed
amendment does not involve a significant reduction in a margin of
safety. The transition to a new risk-informed, performance-based
fire protection licensing basis that complies with the requirements
in 10 CFR 50.48(a) and 10 CFR 50.48(c) does not alter the manner in
which safety limits, limiting safety system settings, or limiting
conditions for operation are determined. The safety analysis
acceptance criteria are not affected by this change. The proposed
amendment does not adversely affect existing plant safety margins or
the reliability of equipment assumed in the UFSAR to mitigate
accidents. The proposed change does not adversely impact systems
that respond to safely shut down the plant and maintain the plant in
a safe shutdown condition. In addition, the proposed amendment will
not result in plant operation in a configuration outside the design
basis for an unacceptable period of time without implementation of
appropriate compensatory measures.
The purpose of the proposed amendment is to permit Waterford 3
to adopt a new fire protection licensing basis which complies with
the requirements in 10 CFR 50.48(a) and (c) and the guidance in
Regulatory Guide 1.205. The NRC considers that NFPA 805 provides an
acceptable methodology and performance criteria for licensees to
identify fire protection systems and features that are an acceptable
alternative to the 10 CFR Part 50 Appendix R required fire
protection features (69 FR 33536; June 16, 2004).
The risk evaluations for plant changes, in part as they relate
to the potential for reducing a safety margin, were measured
quantitatively for acceptability using the delta risk guidance
contained in RG 1.205. Engineering analyses, which may include
engineering evaluations, probabilistic safety assessments, and fire
modeling calculations, have been performed to demonstrate that the
performance-based methods of NFPA 805 do not result in a significant
reduction in the margin of safety.
As such, the proposed changes are evaluated to ensure that risk
and safety margins are kept within acceptable limits. Based on the
above, the implementation of this amendment to transition the FPP at
Waterford 3 to one based on NFPA 805, in accordance with 10 CFR
50.48(c), will not significantly reduce 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.
Attorney for licensee: Joseph A. Aluise, Associate General
Counsel--Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New
Orleans, Louisiana 70113.
NRC Branch Chief: Michael T. Markley.
Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station,
Unit 1, Washington County, Nebraska
Date of amendment request: September 28, 2011, as supplemented by
letters dated December 19 and 22, 2011.
Description of amendment request: This amendment request contains
Sensitive Unclassified Non-Safeguards Information (SUNSI). The proposed
amendment would adopt National Fire Protection Association (NFPA) 805,
``Performance-Based Standard for Fire Protection for Light Water
Reactor Generating Plants'' (2001 Edition). Implementation of the
regulatory actions presented in the attachments to the license
amendment request will enable Fort Calhoun Station, Unit 1 (FCS), to
adopt a new fire protection licensing basis which complies with the
[[Page 21599]]
requirements in 10 CFR 50.48(a), 10 CFR 50.48(c), and the guidance in
NRC Regulatory Guide (RG) 1.205, Revision 1, ``Risk-Informed,
Performance-Based Fire Protection for Existing Light-Water Nuclear
Power Plants,'' December 2009, and Nuclear Energy Institute (NEI) 04-
02, ``Guidance for Implementing a Risk-Informed, Performance-Based Fire
Protection Program under 10 CFR 50.48(c).''
Basis for proposed no significant hazards consideration
determination: 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.
Operation of FCS in accordance with the proposed amendment does
not increase the probability or consequences of accidents previously
evaluated. Engineering analyses, which may include engineering
evaluations, probabilistic safety assessments, and fire modeling
calculations, have been performed to demonstrate that the
performance-based requirements of National Fire Protection
Association (NFPA) 805 have been satisfied. The Updated Safety
Analysis Report (USAR) documents the analyses of design basis
accidents (DBA) at FCS. The proposed amendment does not adversely
affect accident initiators nor alter design assumptions, conditions,
or configurations of the facility and does not adversely affect the
ability of structures, systems, or components (SSCs) to perform
their design functions. SSCs required to safety shutdown the reactor
and to maintain it in a safe shutdown condition will remain capable
of performing their design functions.
The purpose of the proposed amendment is to permit FCS to adopt
a new fire protection licensing basis which complies with the
requirements of 10 CFR 50.48(a) and (c) and the guidance in RG
1.205, Revision 0. The Nuclear Regulatory Commission (NRC) considers
that NFPA 805 provides an acceptable methodology and performance
criteria for licensees to identify fire protection requirements that
are an acceptable alternative to the 10 CFR Part 50 Appendix R
required fire protection features (69 FR 33536; June 16, 2004).
Engineering analyses, which may include engineering evaluations,
probabilistic safety assessments, and fire modeling calculations,
have been performed to demonstrate that the performance based
requirements of NFPA 805 have been met.
NFPA 805 taken as a whole, provides an acceptable alternative
for satisfying General Design Criterion (GDC) 3 of 10 CFR Part 50,
Appendix A. NFPA 805 meets the underlying intent of the NRC's
existing fire protection regulations and guidance, and achieves
defense-in-depth and the goals, performance objectives, and
performance criteria specified in Chapter 1 of the standard. Under
the standard, if there are any increases in core damage frequency
(CDF) or risk, the increase will be small and consistent with the
intent of the Commission's Safety Goal Policy.
Based on this, the implementation of the proposed amendment does
not increase the probability of any accident previously evaluated.
Equipment required to mitigate an accident remains capable of
performing the assumed function. The proposed amendment will not
affect the source term, containment isolation, or radiological
release assumptions used in evaluating the radiological consequences
of any accident previously evaluated. The applicable radiological
dose criteria will continue to be met.
Therefore, the consequences of any accident previously evaluated
are not increased with the implementation of the proposed amendment.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
Operation of FCS in accordance with the proposed amendment does
not create the possibility of a new or different kind of accident
from any accident previously evaluated. Any scenario or previously
analyzed accident with off-site dose was included in the evaluation
of DBAs documented in the USAR. The proposed change does not alter
the requirements or function for systems required during accident
conditions. Implementation of the new fire protection licensing
basis which complies with the requirements of 10 CFR 50.48(a) and
(c) and the guidance in RG 1.205, Revision 0, will not result in new
or different accidents.
The proposed amendment does not adversely affect accident
initiators nor alter design assumptions, conditions, or
configurations of the facility. The proposed amendment does not
adversely affect the ability of SSCs to perform their design
function. SSCs required to safely shutdown the reactor and maintain
it in a safe shutdown condition remain capable of performing their
design functions.
The purpose of the proposed amendment is to permit FCS to adopt
a new fire protection licensing basis which complies with the
requirements of 10 CFR 50.48(a) and (c) and the guidance in RG
1.205, Revision 0. The NRC considers that NFPA 805 provides an
acceptable methodology and performance criteria for licensees to
identify fire protection requirements that are an acceptable
alternative to the 10 CFR Part 50, Appendix R required fire
protection features (69 FR 33536; June 16, 2004). Engineering
analyses, which may include engineering evaluations, probabilistic
safety assessments, and fire modeling calculations, have been
performed to demonstrate that the performance based requirements of
NFPA 805 have been met.
The requirements of NFPA 805 address only fire protection and
the impacts of fire on the plant that have previously been
evaluated. Based on this, the implementation of the proposed
amendment does not create the possibility of a new or different kind
of accident from any kind of accident previously evaluated. 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.
Therefore, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created with the implementation of this amendment.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Operation of FCS in accordance with the proposed amendment does
not involve a significant reduction in the margin of safety. The
risk evaluation of plant changes, as appropriate, were measured
quantitatively for acceptability using the [Delta]CDF and
[Delta]Large Early Release Fraction ([Delta]LERF) criteria from
Section 5.3.5 of NEI 04-02 and RG 1.205. The proposed amendment does
not alter the manner in which safety limits, limiting safety system
settings, or limiting conditions for operation are determined. The
safety analysis acceptance criteria are not affected by this change.
The proposed amendment does not adversely affect existing plant
safety margins or the reliability of equipment assumed to mitigate
accidents in the USAR. This amendment does not adversely affect the
ability of SSCs to perform their design function. SSCs required to
safely [shut down] the reactor and to maintain it in a safe shutdown
condition remain capable of performing their design functions.
The purpose of the proposed amendment is to permit FCS to adopt
a new fire protection licensing basis which complies with the
requirements in 10 CFR 50.48(a) and (c) and the guidance in RG
1.205, Revision 0. The NRC considers that NFPA 805 provides an
acceptable methodology and performance criteria for licensees to
identify fire protection requirements that are an acceptable
alternative to the 10 CFR Part 50 Appendix R required fire
protection features (69 FR 33536; June 16, 2004). Engineering
analyses, which may include engineering evaluations, probabilistic
safety assessments, and fire modeling calculations, have been
performed to demonstrate that the performance based requirements of
NFPA 805 have been met.
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.
Attorney for licensee: David A. Repka, Esq., Winston & Strawn, 1700
K Street, NW., Washington, DC 20006-3817.
NRC Branch Chief: Michael T. Markley.
[[Page 21600]]
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric
Station, Unit 3, St. Charles Parish, Louisiana
Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station,
Unit 1, Washington County, Nebraska
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 3rd day of April, 2012.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[[Page 21601]]
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in this Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 requestor/petitioner reply).
20....................... Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
requestor/petitioner to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2012-8464 Filed 4-9-12; 8:45 am]
BILLING CODE 7590-01-P