[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47677-47680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19540]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370; NRC-2012-0185]


Duke Energy Carolinas, LLC, McGuire Nuclear Station, Units 1 and 
2, Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request, opportunity to comment, opportunity 
to request a hearing.

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DATES: Comments must be filed by September 10, 2012. A request for a 
hearing must be filed by October 9, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2012-
0185. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0185. 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.

FOR FURTHER INFORMATION CONTACT: Jon H. Thompson, Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-1119; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0185 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by any of the following 
methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0185.
     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]. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The application for amendment, dated December 5, 2011, is 
available electronically under ADAMS Accession No. ML11341A110.
     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-2012-0185 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 that you do not want to be publicly disclosed in your 
comment submission. The NRC will posts all comment submissions at 
http://www.regulations.gov as well as enter the comment submissions 
into ADAMS, and the NRC does not routinely 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 that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Further Information

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
50-369 and 50-370 issued to Duke Energy Carolinas, LLC (the licensee) 
for operation of the McGuire Nuclear Station, Units 1 and 2, located in 
Mecklenburg County, North Carolina.
    The proposed amendment would revise Technical Specification 3.3.1, 
``Reactor Trip System (RTS) Instrumentation,'' Table 3.3.1-1, ``Reactor 
Trip System Instrumentation,'' Function 16(e) to replace the phrase 
``Turbine Impulse Pressure'' with ``Turbine Inlet Pressure.''
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR) 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

[[Page 47678]]

50.91(a), the licensee has provided its analysis of the issue of no 
significant hazards consideration, which is presented below:

Criterion 1:

    Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to replace the phrase ``Turbine Impulse 
Pressure, P-13'' with ``Turbine Inlet Pressure, P-13'' in the 
descriptive text associated with Technical Specification 3.3.1, 
Reactor Trip System Instrumentation, Table 3.3.1-1, Function 16, 
Reactor Trip System Interlocks, item (e), does not involve any 
physical or design change to the P-13 function. The proposed change 
renames the turbine inlet pressure to reflect a change in turbine 
design and the new location where the pressure is sensed. The change 
is intended to eliminate any potential confusion regarding turbine 
type or the sensing location.
    The proposed clarification of the P-1 3 function does not 
introduce an initiator or any design basis accident or event. The 
proposed change is consistent with the safety analysis assumptions 
and resultant consequences. In that the P-13 function is not 
affected, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.

Criterion 2:

    Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The relationship between turbine inlet pressure and the Rated 
Thermal Power (RTP) at the new location will be verified during 
testing. Although the pressure sensed at the new location is higher 
than the pressure sensed at the current location, the end use 
devices (i.e., various indication, recording, monitoring, control, 
and protection functions) of the RTS and associated functions will 
be recalibrated/re-scaled as necessary to maintain their basic 
functions. The response of the P-13 logic is unaffected, and the 
design function of the instrument loops has not changed.
    Because the proposed change to replace the phrase ``Turbine 
Impulse Pressure, P-13'' with ``Turbine Inlet Pressure, P-13'' in 
Table 3.3.1-1, Function 16(e), does not involve a physical or design 
change to the P-13 function, no new accident causal mechanisms are 
created as a result of the requested changes which would result in 
the possibility of a new or different kind of accident from any 
accident previously evaluated.

Criterion 3:

    Does the proposed amendment involve a significant reduction in a 
margin of safety?
    Response: No.
    Implementation of this amendment will not result in a 
significant reduction in the margin of safety. Margin of safety is 
related to the confidence in the ability of the fission product 
barriers to perform their design functions during and following an 
accident situation. These barriers include the fuel cladding, the 
reactor coolant system, and the containment system. The performance 
of these barriers will not be impacted by the proposed change.
    The requirement for turbine pressure input in the P-13 RTS 
interlock is that the P-13 signal be representative of the RTP. This 
is accomplished by measuring the pressure at the HP turbine inlet 
because this pressure exhibits a consistent and accurate 
relationship with RTP.
    The end use/device of the RTS and associated functions will be 
recalibrated/re-scaled as necessary to maintain their basic 
functions. The response of the P-1 3 logic is unaffected by this 
modification. The design function of the instrument loops has not 
changed.
    Therefore, the proposed change does not involve a significant 
reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    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. 
Requests for a hearing and a petition for leave to intervene shall be 
filed in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings'' in 10 CFR part 2. Interested person(s) 
should consult a current copy of 10 CFR 2.309, which is available at 
the 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 
by the above date, the Commission or a presiding officer designated by 
the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel, will rule on the request and/or 
petition; and the Secretary or the Chief Administrative Judge of the 
Atomic Safety and Licensing Board will issue a notice of a hearing or 
an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the 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

[[Page 47679]]

petitioner is aware and on which the petitioner intends to rely to 
establish those facts or expert opinion. The petition must include 
sufficient information to show that a genuine dispute exists with the 
applicant on a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the amendment under 
consideration. The contention must be one which, if proven, would 
entitle the petitioner to relief. A 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, 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's 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.
    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's 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.

[[Page 47680]]

    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 license amendment 
application, see the application for amendment dated December 5, 2011, 
which is available for public inspection at the Commission's PDR, 
located at One White Flint North, File Public Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
documents created or received at the NRC are accessible electronically 
through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS, should contact 
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
    Attorney for licensee: Lara S. Nichols, Associate General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC 
28202.

    Dated at Rockville, Maryland, this 1st day of August 2012.

    For the Nuclear Regulatory Commission.
Jon H. Thompson,
Project Manager, Plant Licensing Branch II-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-19540 Filed 8-8-12; 8:45 am]
BILLING CODE 7590-01-P