[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Notices]
[Pages 19535-19537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07469]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0055; Docket No. 50-313; License No. DPR-51; EA-13-031]
In the Matter of Entergy Operations, Inc. (Arkansas Nuclear One,
Unit 1); Confirmatory Order Modifying License
I
Entergy Operations, Inc. (Entergy, licensee), is the holder of
Renewed Facility Operating License No. DPR-51 issued by the U.S.
Nuclear Regulatory Commission (NRC) pursuant to part 50 of Title 10 of
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization,'' on June 20, 2001. The license authorizes
the operation of the Arkansas Nuclear One, Unit 1 (ANO-1, facility), in
accordance with conditions specified therein. The facility is located
on the licensee's site in Pope County, Arkansas.
II
On November 2, 2005, Entergy notified the NRC of its intent to
transition the facility to the National Fire Protection Association
(NFPA) Standard 805 fire protection program in accordance with 10 CFR
50.48(c). Under this initiative, the NRC has exercised enforcement
discretion for most fire protection noncompliances that are identified
during the licensee's transition to NFPA 805, and for certain existing
identified noncompliances that reasonably may be resolved at the
completion of transition. NFPA 805 was adopted in 10 CFR 50.48(c) as an
alternative fire protection rule, which is one path to resolving
longstanding fire protection issues. To receive enforcement discretion
for these noncompliances, the licensee must meet the specific criteria
as stated in Section 9.1, ``Enforcement Discretion for Certain Fire
Protection Issues (10 CFR 50.48),'' of the ``NRC Enforcement Policy,''
dated June 7, 2012, and submit an acceptable license amendment
application by the date specified in the licensee's commitment letter.
In a letter dated June 28, 2011, Entergy committed to submit its
license amendment application by August 31, 2012.
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III
In a letter dated August 23, 2012, as supplemented by letters dated
November 15, December 13, and December 18, 2012 (collectively,
``extension request''), Entergy described its progress for
transitioning ANO-1 to NFPA 805. Entergy also notified the NRC that the
development of a high-quality application will require more time than
originally anticipated and that it will be unable to meet its
previously committed submittal date of August 31, 2012.
In the extension request, Entergy reiterated its commitment to
transition the facility to NFPA 805, and notified the NRC that Entergy
will submit its license amendment request (LAR) no later than January
31, 2014. The newly proposed submittal date is beyond the previous
committed submittal date and, thus, exceeds Entergy's enforcement
discretion (i.e., until August 31, 2012) that was granted to Entergy
for certain fire protection noncompliances. However, if provided with
adequate justification, the NRC may revise the submittal date through
the use of an Order that would continue the enforcement discretion
provided in Section 9.1 of the Enforcement Policy.
Based on the licensee maintaining acceptable compensatory measures
and the NRC's review of the licensee's transition status, planned key
activities to complete its NFPA 805 LAR, and planned fire risk
reduction modifications, the NRC staff concluded that the licensee
provided adequate justification for revising the LAR submittal date.
The NRC documented its conclusions in its safety evaluation dated
January 24, 2013 (ML13009A292). Therefore, the NRC has determined that
the date for submitting an acceptable NFPA 805 LAR should be extended.
This Order is being issued to revise the original ANO-1 LAR submittal
date of August 31, 2012, until January 31, 2014. The new submittal date
supports Entergy's continued progress in activities related to the
transition to NFPA 805 as described in the letter dated August 23,
2012.
Entergy may, at any time, cease its transition to NFPA 805 and
comply with ANO-1's existing licensing basis and the regulations set
forth in 10 CFR 50.48. As indicated in the Enforcement Policy, if
Entergy decides not to complete the transition to 10 CFR 50.48(c), it
must submit a letter stating its intent to retain its existing
licensing basis and withdrawing its letter of intent to comply with 10
CFR 50.48(c). If Entergy fails to meet the new LAR submittal date and
fails to comply with its existing licensing basis, the NRC will take
appropriate enforcement action consistent with the NRC's Enforcement
Policy.
On March 12, 2013, Entergy consented to issuing this Order, as
described in Section V below. Entergy further agreed that this Order
will be effective upon issuance and that it has waived its rights to a
hearing.
IV
Based on the licensee maintaining acceptable compensatory measures,
and a review of the licensee's status and planned key activities,
including the intended NFPA 805 modifications, the NRC has determined
that the licensee has provided adequate justification for its
commitment given in Section V, and, thus, for the extension of
enforcement discretion. Because the licensee will continue to perform
facility modifications, with associated procedure updates, to reduce
current fire risk in parallel with the development of its NFPA 805 LAR,
the staff finds this acceptable to ensure public health and safety.
Based on the above and Entergy's consent, this Order is effective upon
issuance.
V
Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended (the Act), and the
Commission's regulations in 10 CFR 2.202, ``Orders,'' it is hereby
ordered, that license no. DPR-51 is modified as follows:
A. Entergy will submit an acceptable license amendment request for
Arkansas Nuclear One, Unit 1 to adopt NFPA Standard 805 by no later
than January 31, 2014.
B. Entergy will continue to receive enforcement discretion until
January 31, 2014. If the NRC finds that the LAR is not acceptable, the
NRC will take steps consistent with the Enforcement Policy.
The Director of the Office of Enforcement, in consultation with the
Director of the Office of Nuclear Reactor Regulation, may, in writing,
relax or rescind any of the above conditions upon demonstration by the
licensee of good cause.
VI
In accordance with 10 CFR 2.202, the licensee, under oath or
affirmation, must submit a written answer to this Order within 30 days
from the date of this Order. Additionally, any person adversely
affected by this Order may submit a written answer and/or request a
hearing on this Order within 30 days from the date of this Order. Where
good cause is shown, consideration will be given to extending the time
to answer or request a hearing. A request for extension of time must be
directed to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and include a
statement of good cause for the extension.
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearings. If a hearing is held, the issue to be considered
at such hearing shall be whether this Order should be sustained.
All documents filed in the NRC adjudicatory proceedings, including
a request for a 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
certificate). Based on 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
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NRC'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
a 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
document 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 NRC's adjudicatory E-
Filing system may seek assistance by contracting the NRC Meta System
Help Desk thorough the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc/gov/site-help/e-submittals.html, by email to
[email protected], or by a toll free call to 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 extension 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 using E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submissions.
If a person other than the licensee requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 30 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section V shall be final when the extension expires if a
hearing request has not been received.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 20th day of March 2013.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-07469 Filed 3-29-13; 8:45 am]
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