[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11688-11699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03582]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0032]
Biweekly Notice, Applications and Amendments to Facility
Operating Licenses and Combined Licenses Involving No Significant
Hazards Considerations
Background
Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is
publishing this regular biweekly notice. The Act requires the
Commission 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 biweekly notice includes all notices of amendments issued, or
proposed to be issued from January 24, 2013, to February 6, 2013. The
last biweekly notice was published on February 5, 2013 (78 FR 8195).
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-2013-
0032. 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-2013-0032. 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.
[[Page 11689]]
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-2013-0032 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-2013-0032.
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]. Documents may be viewed in
ADAMS by performing a search on the document date and docket number.
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-2013-0032 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 that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. 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.
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 Section 50.92 of Title 10 of the Code
of Federal Regulations (10 CFR), 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. 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 ``Agency
Rules of Practice and Procedures'' 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 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 requestor/
petitioner intends to rely in proving the contention
[[Page 11690]]
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, 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 the 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 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
[[Page 11691]]
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. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day deadline will not
be entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the following three
factors in 10 CFR 2.309(c)(1): (i) The information upon which the
filing is based was not previously available; (ii) the information upon
which the filing is based is materially different from information
previously available; and (iii) the filing has been submitted in a
timely fashion based on the availability of the subsequent information.
For further details with respect to this license amendment
application, 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. 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's PDR Reference staff at 1-800-397-4209,
301-415-4737, or by email to [email protected].
Carolina Power and Light Company, et al., Docket No. 50-400, Shearon
Harris Nuclear Power Plant, Unit 1, Wake County, North Carolina
Date of amendment request: November 29, 2012, as supplemented by
letter dated January 3, 2013.
Description of amendment request: The amendment revised the
Technical Specification (TS) surveillance requirements for addressing a
missed surveillance, and is consistent with the U.S. Nuclear Regulatory
Commission approved Revision 6 of Technical Specification Task Force
(TSTF) Standard TSs Change Traveler TSTF-358, ``Missed Surveillance
Requirements.''
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.
The proposed change revises the Technical Specifications (TS)
Table 3.3-4, Functional Unit 9.b. Loss of Offsite Power, 6.9 kV
(kilovolt) Emergency Bus Undervoltage--Secondary time delay values.
The Loss of Offsite Power, 6.9 kV (kilovolt) Emergency Bus
Undervoltage--Secondary instrumentation functions are not initiators
to any accident previously evaluated. As such, the probability of an
accident previously evaluated is not increased. The revised values
continue to provide reasonable assurance that the Loss of Offsite
Power, 6.9 kV (kilovolt) Emergency Bus Undervoltage--Secondary
function will continue to perform its intended safety functions. As
a result, the proposed change will not increase the consequences of
an accident previously evaluated.
Concurrent with this proposed change, the Harris Nuclear Plant
is revising its large break loss of coolant accident analysis. The
revised analysis will be evaluated in accordance with 10 CFR 50.59
to confirm that a change to the technical specifications
incorporated in the license is not required, and the change does not
meet any of the criteria in Paragraph (c)(2) of that regulation. The
revised analysis will employ the plant-specific methodology ANP-
3011(P), Harris Nuclear Plant, Unit 1, Realistic Large Break LOCA
Analysis, Revision 1, as approved by NRC Safety Evaluation dated May
30, 2012.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed change revises the Technical Specification (TS)
Table 3.3-4, Functional Unit 9.b. Loss of Offsite Power, 6.9 kV
(kilovolt) Emergency Bus Undervoltage--Secondary time delay values.
No new operational conditions beyond those currently allowed are
introduced. This change is consistent with the safety analyses
assumptions and current plant operating practices. This simply
corrects the setpoint consistent with the accident analyses and
therefore cannot create the possibility of a new or different kind
of accident from any previously evaluated accident.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in
the margin of safety?
Response: No.
The proposed change revises the Technical Specifications (TS)
Table 3.3-4, Functional Unit 9.b. Loss of Offsite Power, 6.9 kV
(kilovolt) Emergency Bus Undervoltage--Secondary time delay values.
This proposed change implements a reduced time delay to isolate
safety buses from offsite power if a Loss of Coolant Accident were
to occur coincident with a sustained degraded voltage condition.
This provides improved margin to ensure that emergency core cooling
system pumps inject water into the reactor vessel within the time
assumed and evaluated in the accident analysis.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: David T. Conley, Manager--Senior Counsel--
Legal Department, Progress Energy Service Company, LLC, Post Office Box
1551, Raleigh, North Carolina 27602.
NRC Branch Chief: Jessie F. Quichocho.
Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287,
Oconee Nuclear Station, Units 1, 2, and 3 (ONS1, ONS2, and ONS3),
Oconee County, South Carolina
Date of amendment request: October 30, 2012.
Description of amendment request: The proposed amendment would
revise the Technical Specifications (TSs) to specify that TS 3.8.1
Required Action (RA) C.2.2.5 is cumulative over a 3-year time period
for each Keowee Hydroelectric Unit (KHU). The two KHUs serve as the
emergency power supply for ONS1, ONS2, and ONS3. RA C.2.2.5 currently
allows a 45-day Completion Time once every 3 years to
[[Page 11692]]
restore an inoperable KHU to service. This revision would allow the 45-
day Completion Time to be used as a cumulative allowance over 3 years,
rather than once every 3 years. This Completion Time is used for major
Keowee Hydroelectric Unit (KHU) maintenance.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee 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.
The proposed amendment adds a note to the 45-day Completion Time
for Technical Specification (TS) 3.8.1 Required Action (RA) C.2.2.5
to clarify the 45 days is cumulative for each Keowee Hydroelectric
Unit (KHU) over a rolling 3-year time period rather than limited to
one continuous 45-day time period. During the time that one KHU is
inoperable for > 72 hours, a Lee Combustion Turbine (LCT) will be
energizing both standby buses, two offsite power sources will be
maintained available, and maintenance on electrical distribution
systems will not be performed unless necessary.
There is no adverse impact on containment integrity,
radiological release pathways, fuel design, filtration systems, main
steam relief valve set points, or radwaste systems. No new
radiological release pathways are created.
The consequences of an event occurring during the modified 45-
day Completion Time, which clarifies the 45 days is cumulative for
each KHU over a rolling 3-year time period, are the same as those
that would occur during a continuous 45-day Completion Time. Duke
Energy reviewed the Probabilistic Risk Assessment (PRA) to gain
additional insights concerning the configuration of ONS with one KHU
inoperable for one continuous 45 day period versus multiple time
periods totally [totaling] 45-days. Based on this review, Duke
Energy concluded that there is no change in risk.
Therefore, the probability or consequences of an accident
previously evaluated is not significantly increased.
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 amendment adds a note to the 45-day Completion Time
for TS 3.8.1 Required Action C.2.2.5 to clarify the 45 days is
cumulative for each KHU over a rolling 3-year time period rather
than limited to one continuous 45-day time period. During the time
period that one KHU is inoperable and the 45-day Completion Time is
being applied, the redundancy requirement for the emergency power
source will be fulfilled by an LCT [Lee Combustion Turbine] and
other compensatory measures required by TS 3.8.1 RA C.2.2.1,
C.2.2.2, C.2.2.3, and C.2.2.4 will be in place to minimize
electrical power system vulnerabilities.
The proposed change to the 45-day Completion Time does not
involve a physical effect on the Oconee Units, nor is there any
increased risk of an Oconee Unit trip or reactivity excursion. No
new failure modes or credible accident scenarios are postulated from
this activity.
Therefore, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed amendment adds a note to the 45-day Completion Time
for TS 3.8.1 RA C.2.2.5 to clarify the 45 days is cumulative for
each KHU over a rolling 3-year time period rather than limited to
one continuous 45-day time period. During the time period that one
KHU is inoperable and the 45-day Completion Time is being applied,
the redundancy requirement for the emergency power source will be
fulfilled by an LCT and other compensatory measures required by TS
3.8.1 RA C.2.2.1, C.2.2.2, C.2.2.3, and C.2.2.4 will be in place to
minimize electrical power system vulnerabilities.
The proposed TS change does not involve: 1) a physical
alteration of the Oconee Units; 2) the installation of new or
different equipment; 3) operating any installed equipment in a new
or different manner; 4) a change to any set points for parameters
which initiate protective or mitigation action; or 5) any impact on
the fission product barriers or safety limits.
Therefore, this request does not involve a significant reduction
in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Lara S. Nichols, Associate General Counsel,
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC
28202-1802.
NRC Branch Chief: Robert J. Pascarelli.
Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Nuclear Generating Units 3 and 4, Miami-Dade County, Florida
Date of amendment request: October 30, 2012.
Description of amendment request: The proposed amendments would
decrease the time limits in certain actions and surveillance
requirements of Technical Specification (TS) 3.5.2, ``ECCS [emergency
core cooling system] Subsystems,'' and revise certain footnotes of TS
3.5.2 for clarity.
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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
No. The proposed amendment does not change or modify the design
or operation of ECCS systems, subsystems, or components. The
proposed amendment does not affect any precursors to any accident
previously evaluated or do not adversely affect known mitigation
equipment or strategies. The proposed amendment provides better
assurance that the ECCS systems, subsystems, and components are
properly aligned to support safe reactor operation consistent with
the licensing and design basis requirements. The proposed changes
addressing cascading of emergency power requirements are considered
non-intent changes. Therefore, the proposed amendment does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
No. The proposed amendment provides better assurance that the
ECCS systems, subsystems, and components are properly aligned to
support safe reactor operation consistent with the licensing and
design basis requirements. No new accident initiators are introduced
directly or indirectly by the proposed changes. The changes
addressing cascading of emergency power requirements are considered
non-intent changes. Therefore, the proposed amendment does not
create the possibility of a new or different kind of accident from
any accident previously evaluated.
3. Does the proposed amendment involve a significant reduction
in the margin of safety?
No. The proposed amendment provides better assurance that the
ECCS systems, subsystems, and components are properly aligned to
support safe reactor operation consistent with the licensing and
design basis requirements. The proposed changes correct deficiencies
regarding TS LCO [limiting condition for operation] 3.5.2.d and TS
SR [surveillance requirement] 4.5.2.a to assure ECCS availability is
maintained within the assumptions of the safety analysis. Therefore,
the proposed amendment 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 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: James Petro, Managing Attorney--Nuclear,
Florida
[[Page 11693]]
Power & Light, P.O. Box 14000, Juno Beach, Florida 33408-0420.
NRC Branch Chief: Jessie F. Quichocho.
Southern Nuclear Operating Company Docket Nos. 52-025 and 52-026,
Vogtle Electric Generating Plant (VEGP) Units 3 and 4, Burke County,
Georgia
Date of amendment request: December 7, 2012, and revised on January
25, 2013.
Description of amendment request: The proposed change would amend
Combined License Nos. NPF-91 and NPF-92 for Vogtle Electric Generating
Plant (VEGP) Units 3 and 4 in regard to the Primary Sampling System
(PSS) by: (1) replacing containment air return check valve PSS-PL-V024
with a solenoid-operated valve, and (2) redesigning the PSS inside-
containment header and adding a PSS containment penetration.
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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The Primary Sampling System (PSS) provides the safety-related
function of preserving containment integrity by isolation of the PSS
lines penetrating containment. The proposed amendment will enhance
the ability of the PSS to perform its nonsafety-related function of
providing the capability to obtain reactor coolant and containment
atmosphere samples, while maintaining the ability of the PSS to
perform its safety-related containment isolation function. The
replacement of a check valve with a solenoid-operated containment
isolation valve and the redesigned inside-containment header does
not affect the safety-related function of isolating the PSS lines
for containment isolation. The components added by this proposed
activity, including tubing and the solenoid-operated containment
isolation valve, are designed to the same codes and standards as
other components addressed in the certified design that perform
similar functions. The additional PSS containment penetration is a
passive extension of containment and is identical in form, fit, and
function to other PSS sampling containment penetrations currently
addressed in the certified AP1000 plant design. The addition of a
new PSS containment penetration will not change the maximum
allowable leakage rate allowed by Technical Specifications and
verified periodically in accordance with regulations. Furthermore,
the proposed PSS configuration changes will neither impact any
accident source term parameter or fission product barrier nor affect
radiological dose consequence analysis.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The additional containment penetration is similar in form, fit,
and function to the PSS penetrations that are currently described in
the Updated Final Safety Analysis Report. Because the PSS changes
use valve types, piping, and a containment penetration consistent
with those already described in the Updated Final Safety Analysis
Report, no new failure modes or equipment failure initiators are
introduced by these changes. Accordingly, the proposed changes do
not create any new malfunctions, failure mechanisms, or accident
initiators.
Therefore, the proposed amendment will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The containment isolation function is not changed by this
activity and is bounded by the existing design. The proposed PSS
containment penetration is similar in form, fit, and function to
other containment penetrations in similar applications in the
current certified AP1000 plant design. The additional PSS
containment penetration is an extension of containment, and,
therefore, does not affect containment or its ability to perform its
design function. The addition of PSS components, including the
solenoid-operated containment isolation valve, the additional PSS
containment penetration, and the associated tubing, do not exceed or
alter a design basis or safety limit. Because the containment
isolation function, containment leakage rate limit, potential
containment leakage, and protective shielding are not changed by
this activity and are bounded by the existing design, there is no
change to any current margin of safety.
Therefore, the proposed amendment does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Acting Branch Chief: Lawrence Burkhart.
Previously Published Notices 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 following notices were previously published as separate
individual notices. The notice content was the same as above. They were
published as individual notices either because time did not allow the
Commission to wait for this biweekly notice or because the action
involved exigent circumstances. They are repeated here because the
biweekly notice lists all amendments issued or proposed to be issued
involving no significant hazards consideration.
For details, see the individual notice in the Federal Register on
the day and page cited. This notice does not extend the notice period
of the original notice.
Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Generating Units 3 and 4, Miami-Dade County, Florida
Date of application for amendments: September 6, 2012.
Description of amendments request: The proposed amendments would
reduce the minimum sodium tetraborate basket loading to 7500 pounds
mass in order to lessen the long term sump pH profile, recover design
margin, and facilitate sodium tetraborate basket loading and
maintenance activities.
Date of publication of individual notice in the Federal Register:
January 25, 2013 (78 FR 5505).
Expiration date of individual notice: February 25, 2013 (Public
comments) and March 26, 2013 (Hearing requests).
Notice of Issuance of Amendments to Facility Operating Licenses and
Combined Licenses
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended (the Act), and the Commission's rules and regulations. The
Commission has made appropriate findings as required by the Act and the
Commission's rules and regulations in 10 CFR Chapter I, which are set
forth in the license amendment.
A notice of consideration of issuance of amendment to facility
operating license or combined license, as applicable, proposed no
significant
[[Page 11694]]
hazards consideration determination, and opportunity for a hearing in
connection with these actions, was published in the Federal Register as
indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.22(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see (1) the
applications for amendment, (2) the amendment, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment as
indicated. All of these items are available for public inspection at
the NRC's Public Document Room (PDR), located at One White Flint North,
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland
20852. Publicly available documents created or received at the NRC are
accessible electronically through the Agencywide Documents Access and
Management System (ADAMS) in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
PDR's Reference staff at 1-800-397-4209, 301-415-4737 or by email to
[email protected].
Dominion Nuclear Connecticut, Inc., Docket No. 50-423, Millstone Power
Station, Unit 3, New London County, Connecticut
Date of amendment request: April 2, 2012.
Description of amendment request: The proposed amendment would
revise the Millstone Power Station, Unit 3 Technical Specification
surveillance requirements for snubbers to conform to the Snubber
Examination, Testing, and Service Life Monitoring Program Plan.
Date of issuance: February 6, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 30 days.
Amendment No.: 257.
Renewed Facility Operating License No. NPF-49: Amendment revised
the License and Technical Specifications.
Date of initial notice in Federal Register: May 29, 2012 (77 FR
31657).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated February 6, 2013.
No significant hazards consideration comments received: No.
Energy Northwest, Docket No. 50-397, Columbia Generating Station,
Benton County, Washington
Date of application for amendment: January 9, 2012, as supplemented
by letters dated July 30 and November 14, 2012.
Brief description of amendment: The amendment implements formatting
changes to the Operating License and Technical Specifications (TSs) and
the adoption of TSTF-GG-05-01, ``Writers Guide for Plant-Specific
Improved Technical Specifications,'' Revision 1. In addition to these
administrative changes, the amendment implements editorial changes
which do not result in any changes to the technical or operating
requirements.
Date of issuance: January 29, 2013.
Effective date: As of its date of issuance and shall be implemented
within 30 days from the date of issuance.
Amendment No.: 225.
Renewed Facility Operating License No. NPF-21: The amendment
revised the Facility Operating License and Technical Specifications.
Date of initial notice in Federal Register: July 24, 2012 (77 FR
43374). The supplemental letters dated July 30 and November 14, 2012,
provided additional information that clarified the application, did not
expand the scope of the application as originally noticed, and did not
change the staff's original proposed no significant hazards
consideration determination as published in the Federal Register.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated January 29, 2013.
No significant hazards consideration comments received: No.
Entergy Nuclear Operations, Inc., Docket No. 50-247, Indian Point
Nuclear Generating Unit 2, Westchester County, New York
Date of application for amendment: January 11, 2012, and as
supplemented on January 24, 2013.
Brief description of amendment: The amendment revises Technical
Specification Table 3.3.6-1, ``Containment Purge System and Pressure
Relief Line Isolation Instrumentation,'' by changing the column titled
``ALLOWABLE VALUE'' to ``TRIP SETPOINT,'' and replacing the trip
setpoint value of ``<= 3 x background'' with a reference to the Offsite
Dose Calculation Manual.
Date of issuance: January 29, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 30 days.
Amendment No.: 272.
Facility Operating License No. DPR-26: The amendment revised the
License and the Technical Specifications.
Date of initial notice in Federal Register: May 1, 2012 (77 FR
25758). The January 24, 2013, supplement provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the NRC
staff's original proposed no significant hazards consideration
determination as published in the Federal Register.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated January 29, 2013.
No significant hazards consideration comments received: No.
Entergy Nuclear Operations, Inc., Docket No. 50-286, Indian Point
Nuclear Generating Unit 3, Westchester County, New York
Date of application for amendment: February 6, 2012, as
supplemented on May 2 and August 6, 2012.
Brief description of amendment: The amendment approves changes to
Updated Final Safety Analysis Report (UFSAR) Section 9.13, ``Backup
Spent Fuel Pool Cooling System,'' to allow use of the backup spent fuel
pool cooling system when the spent fuel pool cooling system is out of
service.
Date of issuance: January 28, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 30 days. Implementation of the amendment shall also
include revision of the UFSAR as described in the licensee's letter
dated February 6, 2012, as supplemented by letters dated May 2 and
August 6, 2012.
Amendment No.: 249.
Facility Operating License Nos. DPR-26 and DPR-64: The amendment
revised the License and the UFSAR.
Date of initial notice in Federal Register: August 21, 2012 (77 FR
50537). The supplements dated May 2 and August 6, 2012, provided
additional information that clarified the application, did not expand
the scope of the application as originally noticed, and did not change
the NRC staff's original proposed no significant hazards consideration
determination as published in the Federal Register.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated January 28, 2013.
[[Page 11695]]
No significant hazards consideration comments received: No.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations,
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon,
Vermont
Date of amendment request: February 1, 2012, as supplemented by
letters dated August 7 and November 20, 2012.
Brief description of amendment: The amendment revised Technical
Specification (TS) 4.7.A.6.b.3 for performing the drywell-to-
suppression chamber leak rate test during an operating cycle instead of
during a refueling outage.
Date of Issuance: January 30, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 254.
Facility Operating License No. DPR-28: The amendment revised the
Renewed Facility Operating License and the Technical Specifications.
Date of initial notice in Federal Register: April 3, 2012 (77 FR
20074). The supplemental letters dated August 7 and November 20, 2012,
provided additional information that clarified the application, did not
expand the scope of the application as originally noticed, and did not
change the staff's original proposed no significant hazards
consideration determination as published in the Federal Register.
The Commission's related evaluation of this amendment is contained
in a Safety Evaluation dated January 30, 2013.
No significant hazards consideration comments received: No.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations,
Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon,
Vermont
Date of amendment request: February 1, 2012, as supplemented by
letter dated May 8, 2012.
Brief description of amendment: The amendment revised Technical
Specification 3.3.B.3 for bypassing the Rod Worth Minimizer consistent
with the allowances and required actions recommended in the Standard
Technical Specifications, NUREG-1433, Revision 3.
Date of Issuance: January 30, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 60 days.
Amendment No.: 255.
Facility Operating License No. DPR-28: The amendment revised the
License and the Technical Specifications.
Date of initial notice in Federal Register: April 17, 2012 (77 FR
22812). The supplemental letter dated May 8, 2012, provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the staff's
original proposed no significant hazards consideration determination.
The Commission's related evaluation of this amendment is contained
in a Safety Evaluation dated January 30, 2013.
No significant hazards consideration comments received: No.
NextEra Energy Point Beach, LLC, Docket Nos. 50-266 and 50-301, Point
Beach Nuclear Plant, Units 1 and 2, Town of Two Creeks, Manitowoc
County, Wisconsin
Date of application for amendments: August 16, 2012.
Brief description of amendments: The amendments revise Technical
Specification 5.3, ``Facility Staff Qualifications,'' to clarify the
required qualifications of the Operations Manager.
Date of issuance: January 29, 2013.
Effective date: As of the date of issuance and shall be implemented
with 30 days from the date of issuance.
Amendment Nos.: 248 (Unit 1) and 252 (Unit 2).
Renewed Facility Operating License Nos. DPR-24 and DPR-27:
Amendments revise the Renewed Facility Operating License and Technical
Specifications.
Date of initial notice in Federal Register: October 30, 2012 (77 FR
65725).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 29, 2013.
No significant hazards consideration comments received: No
NextEra Energy Seabrook, LLC, Docket No. 50-443, Seabrook Station, Unit
No. 1, Rockingham County, New Hampshire
Date of amendment request: April 30, 2012.
Description of amendment request: The amendment made changes to the
Seabrook Emergency Plan associated with the initiating conditions
involving a loss of safety system annunciation or indication in the
control room. The amendment revises the emergency action levels (EALs)
to include radiation monitoring indications within the aggregate of
safety system indications that are considered when evaluating a loss of
safety system indications rather than separate EALs.
Date of issuance: January 31, 2013.
Effective date: As of its date of issuance and shall be implemented
within 90 days.
Amendment No.: 133.
Facility Operating License No. NPF-86: The amendment revised the
License.
Date of initial notice in Federal Register: May 29, 2012 (77 FR
31661).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated January 31, 2013.
No significant hazards consideration comments received: No.
Northern States Power Company--Minnesota (NSPM), Docket No. 50-263,
Monticello Nuclear Generating Plant (MNGP), Wright County, Minnesota
Date of application for amendment: May 8, 2012.
Brief description of amendment: The amendment revises the Technical
Specification, Section 3.3.1.1, ``Reactor Protection System (RPS)
Instrumentation,'' requirements pertaining to the Average Power Range
Monitors (APRMs). Specifically, it allows a time period for restoration
before declaring the channels inoperable when the absolute difference
between the APRM channel power and calculated thermal power exceeds the
limit of Technical Specification Surveillance Requirement 3.3.1.2.
Date of issuance: January 25, 2013.
Effective date: This license amendment is effective as of the date
of its issuance, and shall be implemented within 90 days of issuance.
Amendment No.: 171.
Facility Operating License No. DPR-22. Amendment revises the
Renewed Facility Operating License and Technical Specifications.
Date of initial notice in Federal Register: July 24, 2012 (77 FR
43378).
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated January 25, 2013.
No significant hazards consideration comments received: No.
Northern States Power Company--Minnesota, Docket Nos. 50-282 and 50-
306, Prairie Island Nuclear Generating Plant, Units 1 and 2, Goodhue
County, Minnesota
Date of application for amendments: October 27, 2009, as
supplemented by letters dated April 29, May 25, June 23, August 12, and
December 17 of 2010; June 22, July 11, August 9, and December 8 of
2011; February 13, February 24, and September 13 of 2012.
Brief description of amendments: These amendments modify the
Prairie Island Nuclear Generating Plant, Units 1
[[Page 11696]]
and 2, Technical Specifications (TSs) and licensing basis that supports
a full scope implementation of the Alternative Source Term Methodology.
The amendments also incorporate TS Task Force-490, ``Deletion of E-Bar
Definition and Revision to RCS [Reactor Coolant System] Specific
Activity Tech Spec,'' Revision 0.
Date of issuance: January 22, 2013.
Effective date: As of the date of issuance. The license conditions
shall be implemented within 30 days. The balance of the license
amendment shall be implemented in accordance with the terms of the
license conditions.
Amendment Nos.: 206, 193.
Renewed Facility Operating License Nos. DPR-42 and DPR-60:
Amendments revised the Facility Operating Licenses, Appendix B, and the
Technical Specifications.
Date of initial notice in Federal Register: April 6, 2010 (75 FR
17466). The supplemental letters contained clarifying information and
did not change the initial no significant hazards consideration
determination, and did not expand the scope of the original Federal
Register notice.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 22, 2013.
No significant hazards consideration comments received: No.
Pacific Gas and Electric Company, Docket Nos. 50-275 and 50-323, Diablo
Canyon Nuclear Power Plant, Units 1 and 2, San Luis Obispo County,
California
Date of application for amendment: June 1, 2011, as supplemented by
letters dated February 6, May 31, August 6, and November 1, 2012.
Brief description of amendment: The amendments revised Technical
Specifications (TS) 3.7.5, ``Auxiliary Feedwater (AFW) System,'' 3.6.6,
``Containment Spray and Cooling Systems,'' 3.8.1, ``AC Sources--
Operating,'' 3.8.9, ``Distribution Systems--Operating,'' and Example
1.3-3 to clarify the operability of an AFW train during alternate
alignments; establish conditions, required actions, and completion
times when one steam supply to the turbine driven AFW pump is
inoperable concurrent with an inoperable motor driven AFW train; and
remove second completion times from TSs. These changes are consistent
with the guidance provided in Technical Specifications Task Force
(TSTF) Travelers TSTF-245, Revision 1, ``AFW Train Operable when in
Service,'' TSTF-340, Revision 3, ``Allow 7 day completion Time for a
Turbine-driven AFW Pump Inoperable,'' TSTF-412, Revision 3, ``Provide
Actions for One Steam Supply to Turbine Driven AFW/EFW Pump
Inoperable,'' and TSTF-439, Revision 2, ``Eliminate Second Completion
Times Limiting Time From Discovery of Failure to Meet an LCO.''
Date of issuance: January 31, 2013.
Effective date: As of its date of issuance and shall be implemented
within 90 days from the date of issuance.
Amendment Nos.: Unit 1-215; Unit 2-217.
Facility Operating License Nos. DPR-80 and DPR-82: The amendments
revised the Facility Operating Licenses and Technical Specifications.
Date of initial notice in Federal Register: December 31, 2011 (76
FR 77569). The supplemental letters dated February 6, May 31, August 6,
and November 1, 2012, provided additional information that clarified
the application, did not expand the scope of the application as
originally noticed, and did not change the staff's original proposed no
significant hazards consideration determination.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 31, 2013.
No significant hazards consideration comments received: No.
Virginia Electric and Power Company, et al., Docket Nos. 50-280 and 50-
281, Surry Power Station, Units 1 and 2, Surry County, Virginia
Date of application for amendments: July 28, 2012.
Brief Description of amendments: These amendments revise Limiting
Condition for Operation (LCO) 3.1.H, ``Steam Generator (SG) Tube
Integrity,'' Specification 6.4.Q, ``Steam Generator (SG) Program,'' and
Specification 6.6.A.3, ``Steam Generator Tube Inspection Report,'' and
include technical specification (TS) Bases changes that summarize and
clarify the purpose of the TS in accordance with TS Task Force Traveler
(TSTF) 510, ``Revision to Steam Generator Program Inspection
Frequencies and Tube Sample Selection.''
Date of issuance: January 28, 2013.
Effective date: As of the date of issuance and shall be implemented
within 60 days.
Amendment Nos.: 278, 278.
Renewed Facility Operating License Nos. DPR-32 and DPR-37:
Amendments change the licenses and the technical specifications.
Date of initial notice in Federal Register: October 16, 2012 (77 FR
63351). The supplements dated November 6, 2012, provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the staff's
original proposed no significant hazards consideration determination.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 28, 2013.
No significant hazards consideration comments received: No.
Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339,
North Anna Power Station, Units 1 and 2, Louisa County, Virginia
Date of application for amendment: July 30, December 13, 2012.
Brief description of amendment: The amendments revised the North
Anna Technical Specifications (TSs) regarding steam generator tube
inspections and reporting as described in TSTF-510, Revision 2,
``Revision to Steam Generator Program Inspection Frequencies and Tube
Sample Selection.'' The changes are consistent with NRC-approved
Industry TSTF Standard Technical Specifications change TSTF-510,
Revision 2.
Date of issuance: January 28, 2013.
Effective date: As of the date of issuance and shall be implemented
within 60 days from the date of issuance.
Amendment Nos.: Unit 1-269 and Unit 2-250.
Renewed Facility Operating License Nos. NPF-4 and NPF-7: Amendments
changed the licenses and the technical specifications.
Date of initial notice in Federal Register: October 2, 2012 (77 FR
60155). The supplement dated December 13, 2012, provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the staff's
original proposed no significant hazards consideration determination.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated January 28, 2013.
No significant hazards consideration comments received: No.
[[Page 11697]]
Notice of Issuance of Amendments to Facility Operating Licenses and
Combined Licenses and Final Determination of No Significant Hazards
Consideration and Opportunity for a Hearing (Exigent Public
Announcement or Emergency Circumstances)
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application for the
amendment complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR Chapter I, which are set forth in the license amendment.
Because of exigent or emergency circumstances associated with the
date the amendment was needed, there was not time for the Commission to
publish, for public comment before issuance, its usual notice of
consideration of issuance of amendment, proposed no significant hazards
consideration determination, and opportunity for a hearing.
For exigent circumstances, the Commission has either issued a
Federal Register notice providing opportunity for public comment or has
used local media to provide notice to the public in the area
surrounding a licensee's facility of the licensee's application and of
the Commission's proposed determination of no significant hazards
consideration. The Commission has provided a reasonable opportunity for
the public to comment, using its best efforts to make available to the
public means of communication for the public to respond quickly, and in
the case of telephone comments, the comments have been recorded or
transcribed as appropriate and the licensee has been informed of the
public comments.
In circumstances where failure to act in a timely way would have
resulted, for example, in derating or shutdown of a nuclear power plant
or in prevention of either resumption of operation or of increase in
power output up to the plant's licensed power level, the Commission may
not have had an opportunity to provide for public comment on its no
significant hazards consideration determination. In such case, the
license amendment has been issued without opportunity for comment. If
there has been some time for public comment but less than 30 days, the
Commission may provide an opportunity for public comment. If comments
have been requested, it is so stated. In either event, the State has
been consulted by telephone whenever possible.
Under its regulations, the Commission may issue and make an
amendment immediately effective, notwithstanding the pendency before it
of a request for a hearing from any person, in advance of the holding
and completion of any required hearing, where it has determined that no
significant hazards consideration is involved.
The Commission has applied the standards of 10 CFR 50.92 and has
made a final determination that the amendment involves no significant
hazards consideration. The basis for this determination is contained in
the documents related to this action. Accordingly, the amendments have
been issued and made effective as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.12(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see (1) the
application for amendment, (2) the amendment to Facility Operating
License or Combined License, as applicable, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment, as
indicated. All of these items are available for public inspection at
the NRC's Public Document Room (PDR), located at One White Flint North,
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland
20852. Publicly available documents created or received at the NRC are
accessible electronically through the Agencywide Documents Access and
Management System (ADAMS) in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
PDR's Reference staff at 1-800-397-4209, 301-415-4737 or by email to
[email protected].
The Commission is also offering an opportunity for a hearing with
respect to the issuance of the amendment. 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 ``Agency Rules of Practice and Procedures'' 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, and electronically on the Internet at the NRC's Web
site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are
problems in accessing the document, contact the PDR's Reference staff
at 1-800-397-4209, 301-415-4737, or by email to [email protected].
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
[[Page 11698]]
rely in proving the contention at the hearing. The petitioner must also
provide references to those specific sources and documents of which the
petitioner is aware and on which the petitioner intends to rely to
establish those facts or expert opinion. The petition must include
sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact. Contentions shall be
limited to matters within the scope of the amendment under
consideration. The contention must be one which, if proven, would
entitle the petitioner to relief. A 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. Since the Commission has made a final determination that the
amendment involves no significant hazards consideration, if a hearing
is requested, it will not stay the effectiveness of the amendment. Any
hearing held would take place while the amendment is in effect.
All documents filed in the 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through 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
[[Page 11699]]
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.
Calvert Cliffs Nuclear Power Plant, LLC, Docket No. 50-318, Calvert
Cliffs Nuclear Power Plant, Unit 2, Calvert County, Maryland
Date of amendment request: January 22, 2013, as supplemented by
letter dated January 24, 2013.
Description of amendment request: The amendment revised Appendix C
of the Renewed Facility Operating License by adding a license condition
for Technical Specification 3.6.6, which will allow the ``B'' train of
the Containment Cooling System to be considered operable with a single
containment cooling fan and cooler by limiting the refueling water
storage tank water temperature, containment average air temperature,
containment air pressure, and saltwater inlet temperature for the
period from January 26, to February 17, 2013.
Date of issuance: January 25, 2013.
Effective date: As of the date of issuance, and shall be
implemented within 30 days.
Amendment No.: 280.
Renewed Facility Operating License No. DPR-69: Amendment revised
the License and Appendix C.
Public comments requested as to proposed no significant hazards
consideration (NSHC): No. The Commission's related evaluation of the
amendment, finding of emergency circumstances, state consultation, and
final NSHC determination are contained in a safety evaluation dated
January 25, 2013.
Attorney for licensee: Steven L. Miller, General Counsel,
Constellation Energy Nuclear Group, LLC, 100 Constellation Way, Suite
200c, Baltimore, MD 21202.
NRC Branch Chief: George Wilson.
Dated at Rockville, Maryland, this 8th day of February 2013.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2013-03582 Filed 2-15-13; 8:45 am]
BILLING CODE 7590-01-P