[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32017-32021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14517]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412; NRC-2017-0157]
FirstEnergy Nuclear Operating Company; Beaver Valley Power
Station, Units 1 and 2
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 amendments to Facility Operating License Nos. 50-334 and
50-412, issued to FirstEnergy Nuclear Operating Company, for operation
of the Beaver Valley Power Station (Beaver Valley), Units 1 and 2. The
proposed amendments would modify requirements on control and shutdown
rods, and rod and bank position indication for Beaver Valley, Unit 2,
and make additional, supporting changes to Beaver Valley, Units 1 and
2, Technical Specifications.
DATES: Submit comments by August 10, 2017. A request for a hearing or
petition for leave to intervene must be filed by September 11, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0157 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available
[[Page 32018]]
information related to this document using any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0157. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
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.
FOR FURTHER INFORMATION CONTACT: Booma Venkataraman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2934, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0157 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-2017-0157.
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
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document. The application for amendments, dated June 30, 2017, is
available in ADAMS under Accession No. ML17181A464.
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-2017-0157 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 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 into ADAMS.
II. Introduction
The NRC is considering issuance of amendments to Facility Operating
License Nos. 50-334 and 50-412, issued to FirstEnergy Nuclear Operating
Company, for operation of Beaver Valley, Units 1 and 2, located in
Beaver County, Pennsylvania.
The proposed amendments would modify requirements on control and
shutdown rods, and rod and bank position indication for Beaver Valley,
Unit 2. The proposed changes are consistent with the NRC-approved
Technical Specifications Task Force (TSTF) Traveler TSTF-547-A,
Revision 1, ``Clarification of Rod Positon Requirements'' (ADAMS
Package Accession No. ML16012A126). The licensee also proposed
additional supporting changes to Beaver Valley, Units 1 and 2,
Technical Specifications.
Before any issuance of the proposed license amendments, the NRC
will need to make the findings required by the Atomic Energy Act of
1954, as amended (the Act), and the 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 Sec. 50.92 of title 10 of the Code of Federal
Regulations (10 CFR), this means that operation of the facilities in
accordance with the proposed amendments 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.
Control and shutdown rods are assumed to insert into the core to
shut down the reactor in evaluated accidents. Rod insertion limits
ensure that adequate negative reactivity is available to provide the
assumed shutdown margin (SDM). Rod alignment and overlap limits
maintain an appropriate power distribution and reactivity insertion
profile.
Control and shutdown rods are initiators to several accidents
previously evaluated, such as rod ejection. The proposed change does
not change the limiting conditions for operation for the rods or
make any technical changes to the Surveillance Requirements (SRs)
governing the rods. Therefore, the proposed change has no
significant effect on the probability of any accident previously
evaluated.
Revising the TS [Technical Specification] Actions to provide a
limited time to repair rod movement control has no effect on the SDM
assumed in the accident analysis as the proposed Actions require
verification that SDM is maintained. The effects on power
distribution will not cause a significant increase in the
consequences of any accident previously evaluated as all TS
requirements on power distribution continue to be applicable.
Revising the TS Actions to provide an alternative to frequent
use of the moveable incore detector system to verify the position of
rods with inoperable rod position indicator does not change the
requirement for the rods to be aligned and within the insertion
limits.
Therefore, the assumptions used in any accidents previously
evaluated are unchanged and there is no significant increase in the
consequences.
The proposed change to resolve the conflicts in the TS ensure
that the intended Actions are followed when equipment is inoperable.
Actions taken with inoperable equipment are not assumptions in the
[[Page 32019]]
accidents previously evaluated and have no significant effect on the
consequences.
The proposed change to eliminate an unnecessary action has no
effect on the consequences of accidents previously evaluated as the
analysis of those accidents did not consider the use of the action.
The proposed change to increase consistency within the TS has no
effect on the consequences of accidents previously evaluated as the
proposed change clarifies the application of the existing
requirements and does not change the intent.
The proposed change to renumber the TS and make other supporting
changes has no effect on the probability or consequences of
previously evaluated accidents.
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 previously evaluated?
Response: No.
The proposed change does not involve a physical alteration of
the plant (that is, no new or different type of equipment will be
installed). The change does not alter assumptions made in the safety
analyses. The proposed change does not alter the limiting conditions
for operation for the rods or make any technical changes to the SRs
governing the rods.
The proposed change to actions maintains or improves safety when
equipment is inoperable and does not introduce new failure modes.
The proposed change to renumber the TS and make other supporting
changes will not create the possibility of a new or different kind
of accident from those previously evaluated.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed change to allow an alternative method of verifying
rod position has no effect on the safety margin as actual rod
position is not affected. The proposed change to provide time to
repair rods that are Operable but immovable does not result in a
significant reduction in the margin of safety because all rods must
be verified to be Operable, and all other banks must be within the
insertion limits.
The remaining proposed changes to make the requirements
internally consistent and to eliminate unnecessary actions do not
affect the margin of safety as the changes do not affect the ability
of the rods to perform their specified safety function.
The proposed change to renumber the TS and make other supporting
changes has no effect on a 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
license 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 amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendments before expiration of the
60-day notice period if the Commission concludes the amendments involve
no significant hazards consideration. In addition, the Commission may
issue the amendments prior to the expiration of the 30-day comment
period if 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. If the Commission takes 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.
If the Commission makes 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
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. 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/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 petitioner must 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 rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) 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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the 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) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic
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Submissions (E-Filing)'' section of this document.
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 establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendments and make them
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendments. 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 the amendments 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
September 11, 2017. 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 set forth in this section, except that under 10 CFR
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. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
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
his or her 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. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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 adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing 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-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is
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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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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 amendments dated June 30, 2017.
Attorney for licensee: David W. Jenkins, FirstEnergy Nuclear
Operating Company, FirstEnergy Corporation, 76 South Main Street,
Akron, OH 44308.
NRC Branch Chief: James G. Danna.
Dated at Rockville, Maryland, this 6th day of July 2017.
For the Nuclear Regulatory Commission.
Booma Venkataraman,
Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2017-14517 Filed 7-10-17; 8:45 am]
BILLING CODE 7590-01-P