[Federal Register Volume 84, Number 1 (Wednesday, January 2, 2019)]
[Notices]
[Pages 20-30]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27915]
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NUCLEAR REGULATORY COMMISSION
[NRC-2018-0287]
Biweekly Notice; Applications and Amendments to Facility
Operating Licenses and Combined Licenses Involving No Significant
Hazards Considerations
AGENCY: Nuclear Regulatory Commission.
ACTION: Biweekly notice.
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SUMMARY: Pursuant to the Atomic Energy Act of 1954, as amended (the
Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this
regular biweekly notice. The Act requires the Commission to publish
notice of any amendments issued, or proposed to be issued, and grants
the Commission the authority to issue and make immediately effective
any amendment to an operating license or
[[Page 21]]
combined license, as applicable, upon a determination by the Commission
that such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This biweekly notice includes all notices of amendments issued, or
proposed to be issued, from December 4, 2018, to December 14, 2018. The
last biweekly notice was published on December 18, 2018.
DATES: Comments must be filed by February 1, 2019. A request for a
hearing must be filed by March 4, 2019.
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-2018-0287. Address
questions about Docket IDs in Regulations.gov to Krupskaya Castellon;
telephone: 301-287-9221; 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.
FOR FURTHER INFORMATION CONTACT: Kay Goldstein, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1506, [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0287, facility name, unit
number(s), plant docket number, application date, and subject 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-2018-0287.
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 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.
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-2018-0287, facility name, unit
number(s), plant docket number, application date, and subject 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 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. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is
publishing this regular biweekly notice. The Act requires the
Commission to publish notice of any amendments issued, or proposed to
be issued, and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
III. Notice of Consideration of Issuance of Amendments to Facility
Operating Licenses and Combined Licenses and Proposed No Significant
Hazards Consideration Determination
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in Sec. 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. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. 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 period provided that its final determination is that 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 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.
A. 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
[[Page 22]]
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 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.
B. 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
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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, 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 these license amendment
applications, see the application for amendment which is available for
public inspection in ADAMS and at the NRC's PDR. For additional
direction on accessing information related to this document, see the
``Obtaining Information and Submitting Comments'' section of this
document.
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear
Power Plant, Unit No. 1, Lake County, Ohio
Date of amendment request: November 28, 2018. A publicly-available
version is in ADAMS under Accession No. ML18332A500.
Description of amendment request: The proposed amendment would
revise the Perry Nuclear Power Plant (PNPP) Emergency Plan to transfer
rescue and first aid duties from two on-shift security force members to
on-shift fire brigade personnel, reduce the number of radiation
monitoring teams by one, and make other related changes.
Basis for proposed no significant hazards consideration
determination: 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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes to reduce the number of radiation
monitoring teams, transfer responsibility for radiological surveys
in certain areas, redefine the boundary of certain survey areas, and
transfer on-shift responsibility for rescue and first aid duties
[do] not affect structures, systems, and components (SSCs) of the
plant, normal plant operation, design functions or analyses that
verify the capability of an SSC to perform a design function.
Therefore, the proposed changes do not increase the likelihood of a
malfunction of an SSC.
With the proposed changes the emergency response organization
will continue to be capable of performing their intended functions
to mitigate the consequences of an accident or event. The ability of
the on-shift emergency response organization to respond adequately
to radiological emergencies has been demonstrated as acceptable
through a staffing analysis as required by 10 CFR 50, Appendix E,
paragraph IV.A.9.
Therefore, the proposed PNPP Emergency Plan changes do 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 changes to reduce the number of radiation
monitoring teams, transfer responsibility for radiological surveys
in certain areas, redefine the boundary of certain survey areas, and
transfer on-shift responsibility for rescue and first aid duties
[do] not involve a physical alteration
[[Page 24]]
of the plant (that is, no new or different type of equipment will be
installed), a change in the method of plant operation, or the
ability of SSCs to perform their design function. Since SSCs are not
affected, there are no new failure mechanisms, malfunctions, or
accident initiators not considered in the design and licensing
basis.
Therefore, the proposed changes do 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 changes to reduce the number of radiation
monitoring teams, transfer responsibility for radiological surveys
in certain areas, redefine the boundary of certain survey areas, and
transfer on-shift responsibility for rescue and first aid duties
[do] not impact operation of the plant or its response to transients
or accidents. The proposed changes do not affect the Technical
Specifications, accident analyses, safety margins applied to design
and licensing basis functions or to controlling parameters to
account for uncertainties to avoid exceeding regulatory or licensing
limits established in the licensing basis.
Therefore, the proposed changes do 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
amendment request involves no significant hazards consideration.
Attorney for licensee: Rick C. Giannantonio, General Counsel,
FirstEnergy Corporation, Mail Stop A-GO-15, 76 South Main Street,
Akron, OH 44308.
NRC Branch Chief: David J. Wrona.
Florida Power and Light Company, et al., Docket No. 50-389, St. Lucie
Plant, Unit No. 2, St. Lucie County, Florida
Date of amendment request: November 9, 2018. A publicly-available
version is in ADAMS under Accession No. ML18316A028.
Description of amendment request: The amendment would revise the
Technical Specifications by eliminating the requirements for the Iodine
Removal System (IRS). The proposed amendment would also revise the
surveillance requirements for the trisodium phosphate dodecahydrate
(TSP) basket.
Basis for proposed no significant hazards consideration
determination: 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 IRS is used post-LOCA [loss-of-coolant accident] and is not
an accident initiator. Therefore, there is no increase in the
probability of an accident as a result of hydrazine removal. The
Safety Evaluation for Unit 2 extended power uprate [(EPU)] (TAC No.
ME5843) states that PSL [St. Lucie Plant, Unit 2] evaluated the
radiological consequences resulting from the postulated LOCA at the
exclusion area boundary, the low population zone and control room
comply with the reference values and the control room dose criterion
provided in 10 CFR 50.67 and the accident specific dose guidelines
specified in SRP [Standard Review Plant] Section 15.0.1 and
Regulatory Guide [(RG)] 1.183. The NRC review determined that this
analysis, the assumptions and inputs are consistent with the
applicable regulatory guidance. The NRC concluded that the estimates
for dose consequences of a design basis LOCA will comply with the
requirements of 10 CFR 50.67 and the guidelines of Regulatory Guide
1.183 and are therefore acceptable. Per the Unit 2 UFSAR [Updated
Final Safety Analysis Report], hydrazine addition is not credited
for the EPU dose assessment.
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 IRS is used post-LOCA and is not an accident initiator.
Therefore, there is no new or different kind of accident from an
accident previously evaluated. There is no equipment added by this
change, only removal of iodine removal system equipment.
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 Safety Evaluation for Unit 2 extended power uprate (TAC No.
ME5843) states that PSL evaluated the radiological consequences
resulting from the postulated LOCA at the exclusion area boundary,
the low population zone and control room comply with the reference
values and the control room dose criterion provided in 10 CFR 50.67
and the accident specific dose guidelines specified in SRP Section
15.0.1 and RG 1.183. The NRC review determined that this analysis,
the assumptions and inputs are consistent with the applicable
regulatory guidance. The NRC concluded that the estimates for dose
consequences of a design basis LOCA will comply with the
requirements of 10 CFR 50.67 and the guidelines of Regulatory Guide
1.183 and are therefore acceptable. Per the Unit 2 UFSAR, hydrazine
addition is not credited for the EPU dose assessment. There is no
reduction in a margin of safety as there is no credit taken for
hydrazine to ensure containment spray iodine removal.
Per the guidance from SRP 6.5.2, iodine deposited in the
containment sump water can be assumed to remain in solution as long
as the containment sump pH is maintained at or above 7. The
containment sump pH is maintained by TSP baskets which dissolve as
the post-LOCA water level increases. For EPU, PSL conducted an
evaluation and determined that the sump pH will be maintained at or
above 7 without the use of hydrazine.
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
amendment request involves no significant hazards consideration.
Attorney for licensee: Debbie Hendell, Managing Attorney--Nuclear,
Florida Power & Light Company, 700 Universe Blvd. MS LAW/JB, Juno
Beach, Florida 33408-0420.
NRC Branch Chief: Undine Shoop.
Northern States Power Company--Minnesota (NSPM), Docket No. 50-263,
Monticello Nuclear Generating Plant (MNGP), Wright County, Minnesota
Date of amendment request: November 12, 2018. A publicly available
version is in ADAMS under Accession No. ML18317A172.
Description of amendment request: The proposed amendment would
revise the Limiting Condition for Operation (LCO) of technical
specification (TS) Specification 3.5.1, ``[Emergency Core Cooling
System] ECCS--Operating,'' to remove the LCO note.
Basis for proposed no significant hazards consideration
determination: 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.
No physical changes to the facility will occur as a result of
this TS change. The proposed change will not alter the physical
design of the facility. The current LCO note could make the MNGP
susceptible to potential water hammer in the [residual heat removal]
RHR System if in the Shutdown Cooling mode of RHR in Mode 3 when
swapping from SDC to the Low Pressure Coolant Injection (LPCI) mode
of RHR. The proposed license amendment request will eliminate the
risk for cavitation of the RHR pumps and voiding in the suction
piping, thereby avoiding the potential to damage the RHR System,
including water hammer.
[[Page 25]]
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 previously evaluated?
Response: No.
The proposed change does not alter the physical design, safety
limits, or safety analysis assumptions associated with operation of
the plant. Accordingly, the change does not introduce any new
accident initiators, nor does it reduce or adversely affect the
capabilities of any plant structure, system, or component to perform
their safety function. Removal of the LCO note is appropriate
because this current TS allowance could put the plant at risk for
potential cavitation of the RHR pumps and voiding in the suction
piping, resulting in the potential occurrence of water hammer and
damage to the RHR System.
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 change conforms to NRC regulatory guidance
regarding the content of the TSs. The proposed change does not
affect the capabilities of any plant structure, system, or component
to perform its associated safety function. Since the safety analysis
assumptions are unaffected the associated safety margins are also
not impacted. Removal of the LCO note is appropriate because the
current TS requirement could put the plant at risk of damage to the
RHR System and impact the LPCI function.
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
amendment request involves no significant hazards consideration.
Attorney for licensee: Peter M. Glass, Assistant General Counsel,
Xcel Energy Services, Inc., 414 Nicollet Mall, Minneapolis, MN 55401.
NRC Branch Chief: David J. Wrona.
Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026,
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia
Date of amendment request: November 16, 2018. A publicly-available
version is in ADAMS under Accession No. ML18320A225.
Description of amendment request: The amendment request includes a
departure from information in the Updated Final Safety Analysis Report
(UFSAR) Tier 2 information (which includes the plant-specific Design
Control Document (DCD) Tier 2 information) and involves related changes
to plant-specific Tier 1 information, with corresponding changes to the
associated Combined License (COL) Appendix C information. The proposed
changes would revise the routing for the passive containment cooling
system associated Class 1E cables. Pursuant to the provisions of 10 CFR
52.63(b)(1), an exemption from elements of the design as certified in
the 10 CFR part 52, Appendix D, design certification rule is also
requested for the plant-specific DCD Tier 1 material departures.
Basis for proposed no significant hazards consideration
determination: 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 routing of Class 1E cables has been found to
continue to comply with divisional separation design requirements to
maintain required functional capability of the safety systems for
previously evaluated accidents, including the safe shutdown
evaluation for a fire event. The cables continue to be qualified for
the environments of the rooms through which they are proposed to be
routed, and no changes are proposed to the cable design. The
pertinent cables are not an initiator of any accident analyzed in
Chapter 15 of the UFSAR. The changes do not involve an interface
with any SSC accident initiator or initiating sequence of events,
and thus, the probabilities of the accidents evaluated in the UFSAR
are not affected. The proposed changes do not involve a change to
any mitigation sequence or the predicted radiological releases due
to postulated accident conditions, thus, the consequences of the
accidents evaluated in the UFSAR are not affected.
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 accident previously
evaluated?
Response: No.
The proposed routing of Class 1E cables has been found to
continue to comply with divisional separation design requirements to
maintain required functional capability of the safety systems for
previously evaluated accidents, including the safe shutdown for a
fire event. The cables continue to be qualified for the environments
of the rooms through which they are proposed to be routed, and no
changes are proposed to the cable design. The routing of the
pertinent cables does not change the function of the related
systems, and thus, the changes do not introduce a new failure mode,
malfunction or sequence of events that could adversely affect safety
or safety-related equipment.
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 a margin of safety?
Response: No.
The proposed routing of Class 1E cables has been found to
continue to comply with divisional separation design requirements to
maintain required functional capability of the safety systems for
previously evaluated accidents, including the safe shutdown
evaluation for a fire event. The cables continue to be qualified for
the environments of the rooms through which they are proposed to be
routed, and no changes are proposed to the cable design. The routing
of the pertinent cables does not change the function of the related
systems or affect the margins provided by the systems, and thus, the
changes do not affect any safety-related design code, function,
design analysis, safety analysis input or result, or existing
design/safety margin. No safety analysis or design basis acceptance
limit/criterion is challenged or exceeded by the requested changes.
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
amendment request involves no significant hazards consideration.
Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP,
1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Jennifer L. Dixon-Herrity.
STP Nuclear Operating Company, Docket Nos. 50-498 and 50-499, South
Texas Project (STP), Units 1 and 2 (STP), Matagorda County, Texas
Date of amendment request: September 27, 2018. A publicly-available
version is in ADAMS under Accession No. ML18270A319.
Description of amendment request: The amendment would revise the
STP, Units 1 and 2, Technical Specification Surveillance Requirement
4.7.7.b, ``Control Room Makeup and Cleanup Filtration System,'' to
operate for at least 15 continuous minutes at a frequency controlled in
accordance with the Surveillance Frequency Control Program by adoption
of Technical Specifications Task Force (TSTF) Traveler TSTF-522,
Revision 0, ``Revise Ventilation System Surveillance Requirements to
Operate for 10 Hours per Month.'' The NRC approved TSTF-
[[Page 26]]
522, Revision 0, as a part of the consolidated line item improvement
process on September 20, 2012 (77 FR 58421).
Basis for proposed no significant hazards consideration
determination: 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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change replaces an existing Surveillance
Requirement to operate the Control Room Makeup and Cleanup
Filtration System with electric heaters for a continuous 10 hour
period at a frequency controlled in accordance with the Surveillance
Frequency Control Program with a requirement to operate the system
for 15 continuous minutes with the heaters operating.
This system is not an accident initiator, and therefore, the
changes do not involve a significant increase in the probability of
an accident. The proposed system and filter testing changes are
consistent with current regulatory guidance for these systems and
will continue to assure that these systems perform their design
function which may include mitigating accidents. Thus, the change
does not involve a significant increase in the consequences of an
accident.
Therefore, it is concluded that this change does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change replaces an existing Surveillance
Requirement to operate the Control Room Makeup and Cleanup
Filtration System with electric heaters for a continuous 10 hour
period at a frequency controlled in accordance with the Surveillance
Frequency Control Program with a requirement to operate the system
for 15 continuous minutes with the heaters operating.
The change proposed for the system does not change any system
operations or maintenance activities. Testing requirements will be
revised and will continue to demonstrate that the Limiting
Conditions for Operation are met. The change does not create new
failure modes or mechanisms and no new accident precursors are
generated.
Therefore, it is concluded that this change does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change replaces an existing Surveillance
Requirement to operate the Control Room Makeup and Cleanup
Filtration System with electric heaters for a continuous 10 hour
period at a frequency controlled in accordance with the Surveillance
Frequency Control Program with a requirement to operate the system
for 15 continuous minutes with the heaters operating.
The design basis for the system's heater is to heat the incoming
air which reduces the relative humidity. The heater testing change
proposed will continue to demonstrate that the heaters are capable
of heating the air and will perform their design function. The
proposed change is consistent with regulatory guidance.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
request for amendments involves no significant hazards consideration.
Attorney for licensee: Kym Harshaw, Vice President and General
Counsel, STP Nuclear Operating Company, P.O. Box 289, Wadsworth, TX
77483.
NRC Branch Chief: Robert J. Pascarelli.
Vistra Operations Company LLC, Docket Nos. 50-445 and 50-446, Comanche
Peak Nuclear Power Plant, Unit Nos. 1 and 2 (CPNPP), Somervell County,
Texas
Date of amendment request: October 31, 2018. A publicly-available
version is in ADAMS under Package Accession No. ML18309A320.
Description of amendment request: The amendments would revise the
CPNPP Emergency Plan to extend staff augmentation times and reduce the
number of required Emergency Response Organization positions.
Basis for proposed no significant hazards consideration
determination: 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 change to the CPNPP Emergency Plan is
administrative in nature. This proposed change does not alter
accident analysis assumptions, add any initiators, or affect the
function of plant systems or the manner in which systems are
operated, maintained, modified, tested, or inspected. The proposed
change does not require any plant modifications which affect the
performance capability of the structures, systems, and components
(SSCs) relied upon to mitigate the consequences of postulated
accidents and has no impact on the probability or consequences of an
accident previously evaluated.
Therefore, the proposed changes do 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 change to the CPNPP Emergency Plan is
administrative in nature. This proposed change does not alter
accident analysis assumptions, add any initiators, or affect the
function of plant systems or the manner in which systems are
operated, maintained, modified, tested, or inspected. The proposed
change does not require any plant modifications which affect the
performance capability of the SSCs relied upon to mitigate the
consequences of postulated accidents and does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Do the proposed changes involve a significant reduction in a
margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
for operation, limiting safety systems settings, and safety limits
specified in the technical specifications. The proposed change to
the CPNPP Emergency Plan is administrative in nature. Since the
proposed change is administrative in nature, there are no changes to
these established safety margins.
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
amendment request involves no significant hazards consideration.
Attorney for licensee: Timothy P. Matthews, Esq., Morgan, Lewis and
Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
NRC Branch Chief: Robert J. Pascarelli.
IV. Notice of Issuance of Amendments to Facility Operating Licenses and
Combined Licenses
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended (the Act), and the Commission's rules and regulations. The
Commission has made appropriate findings as required by the Act and the
Commission's rules and regulations in
[[Page 27]]
10 CFR chapter I, which are set forth in the license amendment.
A notice of consideration of issuance of amendment to facility
operating license or combined license, as applicable, proposed no
significant hazards consideration determination, and opportunity for a
hearing in connection with these actions, was published in the Federal
Register as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.22(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see: (1) The
applications for amendment, (2) the amendment, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment as
indicated. All of these items can be accessed as described in the
``Obtaining Information and Submitting Comments'' section of this
document.
Exelon Generation Company, LLC, Docket No. 50-220, Nine Mile Point
Nuclear Station, Unit 1, Oswego County, New York
Date of amendment request: March 13, 2018.
Brief description of amendment: The amendment relocated the
frequencies for Technical Specifications Surveillance Requirements
4.2.7.d and 4.2.7.1.a to the Nine Mile Point Nuclear Station, Unit 1,
Inservice Testing Program.
Date of issuance: December 13, 2018.
Effective date: As of the date of issuance and shall be implemented
within 90 days of issuance.
Amendment No.: 233. A publicly-available version is in ADAMS under
Accession No. ML18324A723; documents related to this amendment are
listed in the Safety Evaluation enclosed with the amendment.
Renewed Facility Operating License No. DPR-63: The amendment
revised the Renewed Facility Operating License and Technical
Specifications.
Date of initial notice in Federal Register: July 3, 2018 (83 FR
31184). On July 10, 2018, a correction notice was issued in the Federal
Register (83 FR 31981) to correct the hearing date in the original
notice. The correction notice did not change the NRC staff's original
proposed no significant hazards consideration determination.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated December 13, 2018.
No significant hazards consideration comments received: No.
Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457,
Braidwood Station, Units 1 and 2, Will County, Illinois and Docket Nos.
STN 50-454 and STN 50-455, Byron Station, Unit Nos. 1 and 2, Ogle
County, Illinois
Date of amendment request: April 2, 2018. A Publicly-available
version is in ADAMS under Accession Nos. ML18092B081.
Brief description of amendments: The amendments revised Technical
Specification 3.2.3 to require that the axial flux difference be
maintained within the limits specified in the core operating limits
report during MODE 1 with reactor thermal power greater or equal to 50
percent. An associated change was also made to the NOTE modifying
surveillance 3.2.3.1.
Date of issuance: December 12, 2018.
Effective date: As of the date of issuance and shall be implemented
within 90 days from the date of issuance.
Amendment Nos: 200, 200 (Braidwood), and 205, 205 (Byron). A
publicly-available version is in ADAMS under Accession No. ML18302A227;
documents related to these amendments are listed in the related Safety
Evaluation enclosed with the amendments.
Renewed Facility Operating License Nos. NPF-72, NPF-77, NPF-37, and
NPF-66: The amendments revised the technical specifications, the
surveillance requirements and the Renewed Facility Operating Licenses.
Date of initial notice in Federal Register: June 5, 2018 (83 FR
26104).
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated December 12, 2018.
No significant hazards consideration comments received: No.
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear
Power Plant, Unit No. 1, Lake County, Ohio
Date of amendment request: December 6, 2017, as supplemented by
letter dated July 24, 2018.
Brief description of amendment: The amendment revised existing
PNPP, Unit No. 1 technical specification (TS) requirements related to
``operations with a potential for draining the reactor vessel'' with
new requirements on reactor pressure vessel water inventory control to
protect TS 2.1.1.3 Safety Limit. The revised changes are based on
Technical Specifications Task Force (TSTF) traveler TSTF-542, Revision
2, ``Reactor Pressure Vessel Water Inventory Control.''
Date of issuance: December 12, 2018.
Effective date: As of its date of issuance, and shall be
implemented within 90 days of issuance.
Amendment No.: 184. A publicly-available version is in ADAMS under
Accession No. ML18292A816; documents related to this amendment are
listed in the Safety Evaluation enclosed with the amendment.
Facility Operating License No. NPF-58: The amendment revised the
Facility Operating License and TS.
Date of initial notice in Federal Register: January 30, 2018 (83 FR
4293). The supplemental letter dated July 24, 2018, provided additional
information that clarified the application, did not expand the scope of
the application as originally noticed, and did not change the staff's
original proposed no significant hazards consideration determination as
published in the Federal Register.
The Commission's related evaluation of the amendment is contained
in a Safety Evaluation dated December 12, 2018.
No significant hazards consideration comments received: No.
Florida Power & Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Nuclear Generating Unit Nos. 3 and 4, Miami-Dade County, Florida
Date of amendment request: December 23, 2014, as supplemented by
letters dated June 16, and August 11, 2016; February 9, April 27, and
October 30, 2017; and February 15, March 22, June 12, and September 6,
2018.
Brief description of amendments: The amendments revised the
Technical Specifications (TSs) related to Completion Times for Required
Actions to provide the option to calculate a longer, risk-informed
completion time. A new program, the Risk-Informed Completion Time
Program, was added to TS Section 6.0, ``Administrative Controls.'' The
methodology for using the Risk-Informed Completion Time Program is
described in Nuclear Energy Institute Report 06-09, ``Risk-Informed
Technical Specifications Initiative 4b, Risk-Managed Technical
Specifications (RMTS) Guidelines,'' Revision 0-A (ADAMS Accession No.
ML12286A322).
Date of issuance: December 3, 2018.
[[Page 28]]
Effective date: As of the date of issuance and shall be implemented
within 180 days of issuance.
Amendment Nos.: 284 and 278. A publicly-available version is in
ADAMS under Accession No. ML18270A429; documents related to these
amendments are listed in the Safety Evaluation enclosed with the
amendments.
Renewed Facility Operating License Nos. DPR-31 and DPR-41:
Amendments revised the Renewed Facility Operating Licenses and TSs.
Date of initial notice in Federal Register: April 28, 2015 (80 FR
23604). The supplemental letters dated June 16, and August 11, 2016;
February 9, April 27, and October 30, 2017; and February 15, March 22,
June 12, and September 6, 2018, provided additional information that
clarified the application, did not expand the scope of the application
as originally noticed, and did not change the staff's original proposed
no significant hazards consideration determination as published in the
Federal Register.
The Commission's related evaluation of the amendments is contained
in a Safety Evaluation dated December 3, 2018.
No significant hazards consideration comments received: No.
V. Notice of Issuance of Amendments to Facility Operating Licenses and
Combined Licenses and Final Determination of No Significant Hazards
Consideration and Opportunity for a Hearing (Exigent Public
Announcement or Emergency Circumstances)
During the period since publication of the last biweekly notice,
the Commission has issued the following amendments. The Commission has
determined for each of these amendments that the application for the
amendment complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR chapter I, which are set forth in the license amendment.
Because of exigent or emergency circumstances associated with the
date the amendment was needed, there was not time for the Commission to
publish, for public comment before issuance, its usual notice of
consideration of issuance of amendment, proposed no significant hazards
consideration determination, and opportunity for a hearing.
For exigent circumstances, the Commission has either issued a
Federal Register notice providing opportunity for public comment or has
used local media to provide notice to the public in the area
surrounding a licensee's facility of the licensee's application and of
the Commission's proposed determination of no significant hazards
consideration. The Commission has provided a reasonable opportunity for
the public to comment, using its best efforts to make available to the
public means of communication for the public to respond quickly, and in
the case of telephone comments, the comments have been recorded or
transcribed as appropriate and the licensee has been informed of the
public comments.
In circumstances where failure to act in a timely way would have
resulted, for example, in derating or shutdown of a nuclear power plant
or in prevention of either resumption of operation or of increase in
power output up to the plant's licensed power level, the Commission may
not have had an opportunity to provide for public comment on its no
significant hazards consideration determination. In such case, the
license amendment has been issued without opportunity for comment. If
there has been some time for public comment but less than 30 days, the
Commission may provide an opportunity for public comment. If comments
have been requested, it is so stated. In either event, the State has
been consulted by telephone whenever possible.
Under its regulations, the Commission may issue and make an
amendment immediately effective, notwithstanding the pendency before it
of a request for a hearing from any person, in advance of the holding
and completion of any required hearing, where it has determined that no
significant hazards consideration is involved.
The Commission has applied the standards of 10 CFR 50.92 and has
made a final determination that the amendment involves no significant
hazards consideration. The basis for this determination is contained in
the documents related to this action. Accordingly, the amendments have
been issued and made effective as indicated.
Unless otherwise indicated, the Commission has determined that
these amendments satisfy the criteria for categorical exclusion in
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be
prepared for these amendments. If the Commission has prepared an
environmental assessment under the special circumstances provision in
10 CFR 51.12(b) and has made a determination based on that assessment,
it is so indicated.
For further details with respect to the action see: (1) The
application for amendment, (2) the amendment to Facility Operating
License or Combined License, as applicable, and (3) the Commission's
related letter, Safety Evaluation and/or Environmental Assessment, as
indicated. All of these items can be accessed as described in the
``Obtaining Information and Submitting Comments'' section of this
document.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
The Commission is also offering an opportunity for a hearing with
respect to the issuance of the amendment. 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
[[Page 29]]
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 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.
B. 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
[[Page 30]]
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, 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.
Exelon Generation Company, LLC, Docket No. 50-410, Nine Mile Point
Nuclear Station, Unit 2, Oswego County, New York
Date of amendment request: December 6, 2018, as supplemented by
letter dated December 7, 2018. Publicly-available versions are in ADAMS
under Accession Nos. ML18340A142 and ML18341A343, respectively.
Brief description of amendment: The amendment modified the Nine
Mile Point Nuclear Station, Unit 2, Technical Specification 3.5.1,
``ECCS [Emergency Core Cooling System]--Operating,'' for a one-time
extension of the high pressure core spray completion time.
Specifically, the amendment revised the completion time for an
inoperable high pressure core spray system from 14 days to 35 days,
until the diesel engine replacement and restoration of the diesel
generator is returned to operable status, not to exceed 0100 hours
eastern time on December 10, 2018. Additionally, the amendment allows
extending the completion of several surveillance requirements of
equipment that is being protected during the replacement of the high
pressure core spray diesel generator.
Date of issuance: December 9, 2018.
Effective date: December 9, 2018.
Amendment No.: 174. A publicly-available version is in ADAMS under
Accession No. ML18342A015; documents related to this amendment are
listed in the Safety Evaluation enclosed with the amendment.
Renewed Facility Operating License No. NPF-69: The amendment
revised the Renewed Facility Operating License and Technical
Specifications.
Public comments requested as to proposed no significant hazards
consideration: No.
The Commission's related evaluation of the amendments, finding of
emergency circumstances, State consultation, and final no significant
hazards consideration determination are contained in a Safety
Evaluation dated December 9, 2018.
Attorney for licensee: Tamra Domeyer, Associate General Counsel,
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL
60555.
NRC Branch Chief: James G. Danna.
Dated at Rockville, Maryland, this 19th day of December, 2018.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2018-27915 Filed 12-31-18; 8:45 am]
BILLING CODE 7590-01-P