[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47203-47207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20211]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-445; NRC-2018-0205]
Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant,
Unit No. 1
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-87,
issued to Vistra Operations Company LLC (the licensee), for operation
of the Comanche Peak Nuclear Power Plant (CPNPP), Unit No. 1. The
proposed exigent amendment would revise CPNPP Technical Specification
(TS) 3.8.4, ``DC [Direct Current] Sources--Operating,'' to allow the
licensee additional time to replace two affected battery cells in the
safety-related batteries for CPNPP, Unit No. 1. Specifically, the
proposed one-time change would add a Required Action to TS 3.8.4,
Condition B, to extend the completion time from 2 hours to 18 hours to
repair each affected battery cell.
DATES: Submit comments by October 2, 2018. Requests for a hearing or
petition for leave to intervene must be filed by November 19, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0205. Address
questions about Docket IDs in regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: TWFN-7-A60M, 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.
[[Page 47204]]
FOR FURTHER INFORMATION CONTACT: Margaret O'Banion, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1233, email: Margaret.O'[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0205 or Docket No. 50-445 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0205.
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 ``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 license amendment request dated
September 5, 2018, is available in ADAMS under Accession No.
ML18250A186.
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-2018-0205 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 an amendment to Facility
Operating License No. NPF-87 issued to Vistra Operations Company LLC
(the licensee), for operation of the CPNPP, Unit No. 1, located in
Somervell County, Texas.
The proposed exigent amendment would revise CPNPP TS 3.8.4, ``DC
Sources--Operating,'' to allow the licensee additional time to replace
two affected battery cells in the Train B safety-related batteries for
CPNPP, Unit No. 1. Specifically, the proposed one-time change would add
a new Required Action to TS 3.8.4, Condition B, to extend the
completion time from 2 hours to 18 hours to repair each affected
battery cell. On November 8, 2017, the licensee experienced cell jar
cracking on cell 41 in battery BT1ED4. On July 2, 2018, the licensee
experienced cell jar cracking on cell 27 in battery BT1ED2. Both
affected battery cells have been jumpered out to restore operability of
Unit No. 1, Train B batteries BT1ED4 and BT1ED2. The licensee stated
that by replacing the affected battery cells, the licensee would regain
margin on its safety-related batteries.
In accordance with the requirements of paragraph 50.91(a)(6) of
title 10 of the Code of Federal Regulations (10 CFR), the licensee
requested approval of the amendment under exigent circumstances. The
licensee stated that exigent approval was needed to avoid a potential
shutdown in the event of an unanticipated second battery cell failure
on either of the CPNPP, Unit No. 1, Train B batteries. In addition, the
licensee stated that it had made a good faith effort to submit the
license amendment request in a timely manner following the failure of
one of the affected battery cells in July 2018. The licensee requested
an issuance date of October 3, 2018, to support replacement of the two
Unit No. 1, Train B battery cells during CPNPP, Unit 1, Cycle 20. Based
on its evaluation of the licensee's request, the NRC staff finds that
exigent circumstances exist. Therefore, in accordance with 10 CFR
50.91(a)(6)(i)(A), the NRC staff is providing a 14-day notice period
for public comment.
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.
Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under
exigent circumstances, 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. Do the proposed changes involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes add provisions to increase the COMPLETION
TIME (CT) from two hours to eighteen hours, on a one-time basis for
Comanche Peak Nuclear Power Plant Class 1E Batteries BT1ED2 and
BT1ED4. This one-time increase will only be used once per battery
during Unit 1 Cycle 20 (not at the same time). An additional
REQUIRED ACTION, new Note, and associated COMPLETION TIME is
specified when batteries BT1ED2 and BT1ED4, associated with the
plant Class 1 E Direct Current (DC) electrical power subsystem, are
declared inoperable to replace a jumpered cell. The proposed changes
do not physically alter any plant structures, systems, or
components, and are not accident initiators: therefore, there is no
effect on the probability of accidents previously evaluated. As part
of the single failure design feature, loss of any one DC electrical
power subsystem does not prevent the minimum safety function from
being performed. Also, the proposed changes do not affect the type
or amounts of radionuclides release following an accident, or affect
the initiation and duration of their release. Therefore, the
consequences of accidents previously evaluated, which rely on the
safety related Class 1E battery to mitigate, are not significantly
increased.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Do the proposed changes create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes do not involve a change in design,
configuration, or method of operation of the plant. The proposed
changes will not alter the manner in which equipment is operated,
nor will the functional demands on credited equipment be changed.
The proposed changes do not impact the interaction of any systems
whose failure or malfunction can initiate an accident. There are no
identified redundant components affected by these changes and thus
there are no new common cause failures
[[Page 47205]]
or any existing common cause failures that are affected by extending
the CT. The proposed changes do not create any new failure modes.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes are based upon a deterministic evaluation.
This evaluation is supplemented by risk information.
The deterministic evaluation concluded with one inoperable
battery associated with the Class 1E DC electrical power subsystem,
the redundant OPERABLE Class 1E DC electrical power subsystems will
be able to perform the safety function as described in the accident
analysis.
Supplemental risk information supporting this license amendment
request concluded that the additional REQUIRED ACTION, new Note, and
associated COMPLETION TIME have a negligible impact on overall plant
risk and is consistent with the NRC Safety Goal Policy statement and
the thresholds in Regulatory Guide (RG) 1.174, ``An Approach for
Using Probabilistic Risk Assessment in Risk-Informed Decisions on
Plant-Specific Changes to the Licensing Basis,'' and RG 1.177, ``An
Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical
Specifications.''
The deterministic evaluation and the supplemental risk
information provide assurance that the plant Class 1E DC electrical
power subsystem will be able to perform its design function with a
longer COMPLETION TIME for inoperable batteries BT1ED2 and BT1ED4
during Unit 1 Cycle 20, and risk is not significantly impacted by
the change.
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 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 14 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 the 14-day notice period. However, if circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in shutdown of the facility, the
Commission may issue the license amendment before the expiration of the
14-day notice period, provided that its final determination is that the
amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received. If
the Commission takes this action, it will publish in the Federal
Register a notice of 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 website 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 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 amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing 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 the 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
[[Page 47206]]
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 no later than 60 days from the date of publication of this
notice. 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 website 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 website 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 website 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 website 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 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,
[[Page 47207]]
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 amendment dated September 5, 2018.
Attorney for Licensee: Timothy P. Matthews, Esq., Morgan, Lewis and
Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
NRC Acting Branch Chief: Thomas J. Wengert.
Dated at Rockville, Maryland, this 13th day of September 2018.
For the Nuclear Regulatory Commission.
Margaret W. O'Banion,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-20211 Filed 9-17-18; 8:45 am]
BILLING CODE 7590-01-P