[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32991-32994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14139]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-278; NRC-2015-0145]


Exelon Generation Company, LLC; Peach Bottom Atomic Power 
Station, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Renewed Facility Operating License No. DPR-
56, issued to Exelon Generation Company, LLC (the licensee), for 
operation of the Peach Bottom Atomic Power Station (PBAPS), Unit 3. The 
proposed amendment would change a license condition pertaining to the 
PBAPS, Unit 3 replacement steam dryer (RSD). Currently, the license 
condition requires that a revised analysis for the RSD be submitted to 
the NRC, as a report, at least 90 days prior to the start of the Unit 3 
extended power uprate (EPU) outage. The proposed amendment would reduce 
the period before the outage by which the analysis is to be submitted 
from 90 days to 30 days. The licensee indicated that the EPU outage is 
scheduled to start on September 14, 2015.

DATES: Submit comments by July 10, 2015. Requests for a hearing or 
petition for leave to intervene must be filed by August 10, 2015.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0145. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Richard B. Ennis, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1420, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0145 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0145.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
PBAPS, Unit 3, license amendment application, ``Exigent License 
Amendment Request--Change to Unit 3 License Condition 2.C(15)(a)1,'' 
dated May 29, 2015, is available in ADAMS under Accession No. 
ML15149A473.
     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-2015-0145 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering 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.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License No. DPR-56, issued to Exelon Generation Company, LLC, 
for operation of PBAPS, Unit 3, located in York and Lancaster Counties, 
Pennsylvania.
    The proposed amendment would change license condition 2.C(15)(a)1 
pertaining to the PBAPS, Unit 3 RSD. Currently, the license condition 
requires that revised stress analysis for the RSD be submitted to the 
NRC, as a report, at least 90 days prior to the start of the Unit 3 EPU 
outage. The proposed amendment would reduce the period before the 
outage by which the analysis is to be submitted from 90 days to 30 
days. The EPU outage is scheduled to start on September 14, 2015. The 
revised analysis is based on results of recent testing and analysis for 
the PBAPS, Unit 2 RSD. Due to delays in the Unit 2 RSD testing and 
analysis, the licensee is unable to complete the Unit 3 RSD analysis 
and submit it to the NRC 90 days prior to the Unit 3 outage, as 
currently required by license condition 2.C(15)(a)1, while still 
maintaining the currently planned outage schedule. As such, the 
licensee requested a change to the licensee condition to reduce the

[[Page 32992]]

required time prior to the outage for submittal of the report.
    The licensee has requested that the amendment be processed under 
exigent circumstances, in accordance with the provisions in Sec.  
50.91(a)(6) of Title 10 of the Code of Federal Regulations (10 CFR). 
Processing an amendment under exigent circumstances allows a reduced 
period for public comment on the proposed no significant hazards 
consideration determination, other than the normal 30-day comment 
period. However, the NRC staff has determined that there is sufficient 
time to allow the full 30-day public comment period. As such, the 
amendment is not being processed as an exigent amendment.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in 10 CFR 50.92, this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 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 proposed exigent license amendment reduces the length of 
time prior to the outage by which a predictive summary stress 
analysis of the Peach Bottom Atomic Power Station (PBAPS), Unit 3 
replacement steam dryer (RSD), performed using an NRC-approved 
methodology benchmarked on the PBAPS, Unit 2 RSD, must be submitted 
to the NRC for information. There is no required review or approval 
of the revised analysis needed to satisfy the license condition. The 
proposed change is an administrative change to the period before the 
outage and does not impact any system, structure or component in 
such a way as to affect the probability or consequences of an 
accident previously evaluated.
    The proposed amendment is purely administrative and has no 
technical or safety aspects.
    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 exigent license amendment reduces the length of 
time prior to the outage by which a revised stress analysis of the 
PBAPS, Unit 3 RSD must be submitted to the NRC for information. The 
proposed amendment is purely administrative and has no technical or 
safety aspects.
    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 amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed exigent license amendment reduces the length of 
time prior to the outage by which a revised stress analysis of the 
PBAPS, Unit 3 RSD must be submitted to the NRC for information. The 
proposed amendment is purely administrative and has no technical or 
safety aspects.

    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 
license amendment request involves no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. 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 notice period if the Commission concludes 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.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure'' 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. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must 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 hearing request or petition must 
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 hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert

[[Page 32993]]

opinion that support the contention and on which the requestor/
petitioner intends to rely at the hearing, together with references to 
those specific sources and documents. The hearing request or petition 
must provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact, including 
references to specific portions of the application for amendment that 
the petitioner disputes and the supporting reasons for each dispute. If 
the requestor/petitioner believes that the application for amendment 
fails to contain information on a relevant matter as required by law, 
the requestor/petitioner must identify each failure and the supporting 
reasons for the requestor's/petitioner's belief. Each contention must 
be one which, if proven, would entitle the requestor/petitioner to 
relief. A requestor/petitioner who does not satisfy these requirements 
for 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 with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Hearing requests or 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 three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    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 unless the 
Commission finds an imminent danger to the health or safety of the 
public, in which case it will issue an appropriate order or rule under 
10 CFR part 2.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 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/getting-started.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 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 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's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-

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free call at 1-866-672-7640. The NRC Meta System Help Desk is available 
between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, 
excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. 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. For further details with respect to this 
action, see the application for license amendment dated May 29, 2015.
    Attorney for licensee: J. Bradley Fewell, Esquire, Vice President 
and Deputy General Counsel, Exelon Generation Company, LLC, 4300 
Winfield Rd., Warrenville, IL 60555.
    NRC Branch Chief: Douglas A. Broaddus.

    Dated at Rockville, Maryland, this 2nd day of June 2015.

    For the Nuclear Regulatory Commission.

Richard B. Ennis,
Senior Project Manager, Plant Licensing Branch I-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-14139 Filed 6-9-15; 8:45 am]
 BILLING CODE 7590-01-P