[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41425-41427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16588]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0151; Docket Nos. 50-269, 50-270, and 50-287; License Nos.
DPR-38, DPR-47, and DPR-55; EA-13-010]
In the Matter of Duke Energy Carolinas, LLC; (Oconee Nuclear
Station, Units 1, 2, and 3); Confirmatory Order Modifying License
I
Duke Energy Carolinas, LLC (Duke, Licensee) is the holder of
Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55
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 Facilities,'' on May 23, 2000.
The licenses authorize the operation of Oconee Nuclear Station, Units
1, 2, and 3, in accordance with the conditions specified therein. The
facilities are located on the Licensee's site in Seneca, South
Carolina.
II
On December 29, 2010, the NRC issued Amendment Nos. 371, 373, and
372 to Renewed Facility Operating Licenses DPR-38, DPR-47, and DPR-55,
for the Oconee Nuclear Station, Units 1, 2, and 3, respectively
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML103630612). The amendments consisted of changes to the licenses
and Technical Specifications to allow Duke to maintain a fire
protection program (FPP) in accordance with 10 CFR 50.48(c). Condition
3.D, Fire Protection, Transition License Condition 1 required Duke to
complete the items described in Section 2.9, Table 2.9-1,
``Implementation Items,'' in the NRC safety evaluation dated December
29, 2010, prior to January 1, 2013. Table 2.9-1, item 23 required
completion of the analysis of non-power operation (NPO) fire impacts
for fire zones following installation of the NFPA-805 committed
modifications, including the Protected Service Water (PSW)
modifications. Item 32 required incorporation of the PSW modification
into the FPP site documents after the modification was implemented.
Item 43 required confirmation that the risk decrease from the as-built
PSW system continued to bound the cumulative variances from
deterministic requirements (VFDR) transition risk once the PSW
modifications were installed. Transition License Condition 2 required
Duke to complete the items described in Section 2.8, Table 2.8.1-1,
``Committed Plant Modifications,'' in the NRC safety evaluation dated
December 29, 2010. Item 1 of the table included implementation of the
PSW modifications.
On July 31, 2012, Duke submitted a license amendment request (LAR)
to extend full PSW implementation by two years, but stated that the
modification to supply power from the PSW building to the Standby
Shutdown Facility (SSF) would be operational by December 31, 2012. In a
clarification call on November 27, 2012, Duke discussed draft
milestones which would extend some items, such as installation of the
PSW pumps, by at least 3 years. As of January 1, 2013, the full PSW
modification had not been completed, which put Duke in violation of
License Condition 3.D in all three licenses. After considering the
information provided by Duke, the NRC staff denied the July 31, 2012,
LAR application in a letter dated January 15, 2013. Subsequently, the
NRC staff described an apparent violation to Duke by letter dated
January 31, 2013. This apparent violation has been considered for
escalated enforcement action in accordance with the NRC Enforcement
Policy.
III
On March 5, 2013, a predecisional enforcement conference (ADAMS
Accession No. ML13072A426) was conducted at the NRC headquarters in
Rockville, Maryland with members of Duke's staff to discuss the
apparent violation, its significance, root causes, and Duke's
corrective actions. By letter dated March 11, 2013 (ADAMS Accession No.
ML13079A321), and in a public meeting on April 10, 2013, Duke provided
additional information on milestones Duke plans to meet while
completing the installation of the PSW system. The NRC staff is issuing
this Confirmatory Order to provide regulatory oversight of these
milestones. The requirements needed to effectuate the foregoing are set
forth in Section IV below. On June 18, 2013, the Licensee consented to
the license modifications set forth in Section IV below. The Licensee
further agreed that it has waived its right to a hearing on this order,
and, therefore, that the terms of the Order are effective upon
issuance.
I find that the license modifications set forth in Section IV are
acceptable and necessary because they reduce the risk of significant
damage from fire, as determined by the NRC staff in the safety
evaluation for Amendment Nos. 371, 373, and 372 to Renewed Facility
Operating Licenses DPR-38, DPR-47, and DPR-55. Thus, I find this order
acceptable in order to ensure public
[[Page 41426]]
health and safety. Based on the above and the Licensee's consent, this
Order is effective upon issuance.
IV
In view of the foregoing and pursuant to Sections 104b, 161b, 161i,
161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and
the Commission's regulations in 10 CFR 2.202 and 10 CFR part 50, it is
hereby ordered, that license nos. DPR-38, DPR-47, and DPR-55 are
modified as follows:
1. The licensee shall provide the capability to supply off-site
electrical power to the PSW building switchgear and from there to the
SSF switchgear, with sufficient capacity to operate all credited SSF
equipment in the event of a failure of the SSF diesel generator during
a fire for which the SSF is credited. This modification along with
approved plant procedures and the completion of operator training
necessary to accomplish this lineup, and a combination of testing and
engineering evaluation in accordance with station procedures which
verifies this capability, will be completed and operational no later
than October 1, 2013.
2. The licensee shall provide the capability to supply electrical
power from each of the Keowee Hydro Units to the PSW building
switchgear and from there to the SSF switchgear, with sufficient
capacity to operate all credited SSF equipment in the event of a
failure of the SSF diesel generator during a fire for which the SSF is
credited. This modification along with approved plant procedures and
the completion of operator training necessary to accomplish this
lineup, and a combination of testing and engineering evaluation in
accordance with station procedures which verifies this capability, will
be completed and operational no later than July 18, 2014.
3. The licensee shall provide the capability to supply electrical
power from the PSW building switchgear to simultaneously operate at
least one high-pressure injection pump per unit, and to operate the
associated valves needed to align water flow to the reactor coolant
pump seals and to inject water into the reactor coolant system, as an
alternate path within the emergency operating procedures. This
modification along with approved plant procedures and the completion of
operator training necessary to accomplish this lineup, and a
combination of testing and engineering evaluation in accordance with
station procedures which verifies this capability, will be completed
and operational no later than October 1, 2014.
4. The licensee shall have the PSW pump installed and provide the
capability to supply electrical power from the PSW building switchgear
to operate the PSW pump and the associated valves to provide water to
the steam generators of all three units sufficient to remove decay heat
following simultaneous reactor trips from 100% power, with the steam
generators at the pressure corresponding to the lowest safety valve
setting, as an alternate path within the emergency operating
procedures. This modification along with approved plant procedures and
the completion of operator training necessary to accomplish this
lineup, and a combination of testing and engineering evaluation in
accordance with station procedures which verifies this capability, will
be completed and operational no later than June 3, 2015.
5. The licensee shall provide the capability to supply electrical
power from the PSW building switchgear to those DC battery chargers
that provide power to controls and instrumentation that allow PSW
system control and monitoring from the control room for an extended
period of time as prescribed by the NFPA-805 fire protection program
approved for Oconee. The licensee shall provide electrical power from
the PSW building switchgear to at least 400 kW (nameplate rating) of
pressurizer heaters for each unit, and provide the ability to select
the PSW power source to those pressurizer heaters from the Auxiliary
Building. The licensee shall provide Auxiliary Building and Reactor
Building environments suitable for equipment operation. The licensee
shall provide the ability to control and monitor the high-pressure
injection equipment, the PSW equipment, and the steam generator heat
removal equipment from the associated Oconee control rooms. This
modification along with approved plant procedures and the completion of
operator training necessary to accomplish this lineup, and a
combination of testing and engineering evaluation in accordance with
station procedures which verifies this capability, will be completed
and operational no later than February 4, 2016.
6. The licensee shall complete all items in Table 2.9-1,
``Implementation Items,'' of the December 29, 2010, Oconee NFPA 805
safety evaluation report no later than November 15, 2016.
7. The licensee shall provide a letter to the NRC under oath or
affirmation, and in accordance with 10 CFR 50.4, ``Written
communications,'' reporting the completion of each milestone described
above, and a final letter reporting when it has achieved full
compliance with the requirements contained in this Order, within 30
days of completion.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
V
In accordance with 10 CFR 2.202, ``Orders,'' the licensee, under
oath or affirmation, may submit a written answer to this Order within
30 days from the date of this Order. Additionally, any person adversely
affected by this Order, other than Duke, 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 U.S. Nuclear Regulatory
Commission, ATTN: Document Control Desk, Washington, DC 20555-0001,
with a copy to 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 optical 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 associated with 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
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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 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 may 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 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 to
[email protected], or by a toll-free call to 1-866-672-7640. The
NRC Meta System Help Desk is available between 9 a.m. and 7 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have 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. Copies shall be sent to the
Director, Office of Enforcement and the Assistant General Counsel for
Materials Litigation and Enforcement at the same address, the Regional
Administrator, NRC Region II, Marquis One Tower, Suite 1200, 245
Peachtree Center Avenue NE., Atlanta, GA 30303, and to the Licensee,
Duke Energy Carolinas, LLC, Oconee Nuclear Station, 7800 Rochester
Highway, Seneca, SC 29672. 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 use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an Order of the
Commission, an Atomic Safety and Licensing Board, 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 or her
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 IV 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 IV shall be final when the extension expires if a
hearing request has not been received.
Dated this 1st day of July 2013.
For the Nuclear Regulatory Commission.
Roy Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-16588 Filed 7-9-13; 8:45 am]
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