[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38226-38230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13882]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423; NRC-2016-0109]


Dominion Nuclear Connecticut, Inc., et al.; Millstone Power 
Station, Unit No. 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 Facility Operating License No. NPF-49, 
issued to Dominion Nuclear Connecticut, Inc., et al. (the licensee), 
for operation of the Millstone Power Station, Unit No. 3 (MPS3). The 
proposed amendment would revise the Technical Specifications (TSs) to 
enable the use of Dominion nuclear safety and reload core design 
methods for MPS3, address the issues identified in three Westinghouse 
communication documents, and update approved reference methodologies in 
the TSs. The amendment would also relocate certain equations, 
supporting descriptions, and surveillance requirements from the TSs to 
licensee-controlled documents.

DATES: Submit comments by July 13, 2016. A request for a hearing or 
petition for leave to intervene must be filed by August 12, 2016.

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-2016-0109. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the

[[Page 38227]]

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 V. Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0109 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-2016-0109.
     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 
application for amendment, dated May 8, 2015, as supplemented by 
letters dated January 28, February 25, March 23, March 29, and May 2, 
2016, are available in ADAMS under Accession Nos. ML15134A244, 
ML16034A216, ML16057A812, ML16088A140, ML16095A233 and ML16130A563, 
respectively.
     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-2016-0109 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 Facility 
Operating License No. NPF-49, issued to Dominion Nuclear Connecticut, 
Inc. for operation of MPS3 located in New London County, Connecticut.
    The proposed license amendment, initially submitted by application 
dated May 8, 2015 (ADAMS Accession No. ML15134A244), would modify the 
MPS3 TSs to (1) allow the use of Dominion nuclear safety and reload 
core design methods; (2) allow the use of applicable departure from 
nucleate boiling ratio design limits for VIPRE-D; (3) update the 
approved reference methodologies cited in TS 6.9.1.6.b; (4) remove the 
base load mode of operation that is not a feature of the Dominion 
Relaxed Power Distribution Control power distribution control 
methodology; and (5) address the issues identified in Westinghouse 
Nuclear Safety Advisory Letter (NSAL-09-5), Rev. 1, NSAL-15-1, and 
Westinghouse Communication 06-IC-03. Additionally, the proposed changes 
would involve, in part, the relocation of certain equations, supporting 
descriptions and surveillance requirements from the TSs to licensee-
controlled documents. The NRC staff previously made a proposed 
determination that the amendment request dated May 8, 2015, involves no 
significant hazards consideration (80 FR 52804; September 1, 2015). 
This notice supersedes the previous notice and is intended to include 
the added clarification that the proposed changes involve the 
relocation of TS information either to the TS Bases or the Core 
Operating Limits Report which are both licensee-controlled documents. 
There are no changes to the staff's proposed no significant hazards 
consideration determination as originally noticed.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The NRC has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the NRC'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. 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 any accident previously 
evaluated?
    Response: No.
    The Dominion analysis methods do not make any contribution to 
the potential accident initiators and thus do not increase the 
probability of any accident previously evaluated. The use of the 
approved Dominion analysis methods will not increase the probability 
of an accident because plant systems, structures, and components 
(SSC) will not be affected or operated in a different manner, and 
system interfaces will not change.
    Since the applicable safety analysis and nuclear core design 
acceptance criteria will be satisfied when the Dominion analysis 
methods are applied to MPS3, the use of the approved Dominion 
analysis methods does not increase the potential consequences of any 
accident previously evaluated. The use of the approved Dominion 
methods will not result in a significant impact on normal operating 
plant releases, and will not increase the predicted radiological 
consequences of postulated accidents described in the FSAR [final 
safety analysis report]. The proposed resolution of Westinghouse 
notification documents NSAL-09-5, Rev. 1, 06-1C-03 and NSAL-15-1 is 
intended to address deficiencies identified within the existing MPS3 
Technical Specifications to return them to their as designed 
function and does not result in actions that would increase the 
probability of any accident previously evaluated.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or the consequences of any accident 
previously evaluated.

[[Page 38228]]

    2. Does the proposed [amendment] create the possibility of a new 
or different kind of accident from any previously evaluated?
    Response: No.
    The use of Dominion analysis methods and the Dominion 
statistical design limit (SDL) for fuel departure from nucleate 
boiling ratio (DNBR) and fuel critical heat flux (CHF) does not 
impact any of the applicable core design criteria. All pertinent 
licensing basis limits and acceptance criteria will continue to be 
met. Demonstrated adherence to these limits and acceptance criteria 
precludes new challenges to SSCs that might introduce a new type of 
accident. All design and performance criteria will continue to be 
met and no new single failure mechanisms will be created. The use of 
the Dominion methods does not involve any alteration to plant 
equipment or procedures that might introduce any new or unique 
operational modes or accident precursors. The proposed resolution of 
Westinghouse notification documents NSAL-09-5, Rev. 1, 06-IC-03 and 
NSAL-15-1 does not involve the alteration of plant equipment or 
introduce unique operational modes or accident precursors.
    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?
    Response: No.
    Nuclear core design and safety analysis acceptance criteria will 
continue to be satisfied with the application of Dominion methods. 
Meeting the analysis acceptance criteria and limits ensure that the 
margin of safety is not significantly reduced. Nuclear core design 
and safety analysis acceptance criteria will continue to be 
satisfied with the application of Dominion methods. In particular, 
use of [the model] VIPRE-D with the proposed safety limits provides 
at least a 95% probability at a 95% confidence level that DNBR will 
not occur (the 95/95 DNBR criterion). The required DNBR margin of 
safety for MPS3, which is the margin between the 95/95 DNBR 
criterion and clad failure, is therefore not reduced. The proposed 
resolution of Westinghouse notification documents NSAL-09-5, Rev. 1, 
06-IC-03 and NSAL-15-1 does not propose actions that would result in 
a significant reduction in margin to safety.
    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 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves a 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 provided 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 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 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, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is 
filed within 60 days, 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 set forth 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 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 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.
    Petitions for leave to intervene must be filed no later than 60 
days from the

[[Page 38229]]

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, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, 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.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
August 12, 2016. The petition must be filed in accordance with the 
filing instructions in the ``Electronic Submissions (E-Filing)'' 
section of this document, and should meet the requirements for 
petitions for leave to intervene set forth in this section, except that 
under Sec.  2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian Tribe, or agency thereof does not need to address the 
standing requirements in 10 CFR 2.309(d) if the facility is located 
within its boundaries. A State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
August 12, 2016.

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 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 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 
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

[[Page 38230]]

[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 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 
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.
    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).
    For further details with respect to this action, see the 
application for amendment, dated May 8, 2015, as supplemented by 
letters dated January 28, February 25, March 23, March 29, and May 2, 
2016, in ADAMS.
    Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion 
Resources Services, Inc., 120 Tredegar Street, RS-2, Richmond, VA 
23219.
    NRC Branch Chief: Travis L. Tate.

    Dated at Rockville, Maryland, this 6th day of June 2016.
    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-13882 Filed 6-10-16; 8:45 am]
 BILLING CODE 7590-01-P