[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Notices]
[Pages 33094-33097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14764]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260, and 50-296; NRC-2019-0145]
Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1,
2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to provide comments,
request a hearing and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of amendments to Renewed Facility Operating Licenses (RFOL)
Nos. DPR-33, DPR-52, and DPR-68, issued to Tennessee Valley Authority
(TVA, the licensee) for the Browns Ferry Nuclear Plant (BFN), Units 1,
2, and 3, respectively. The proposed amendment requested that the
implementation due dates for Modifications 102 and 106 listed in
Transition License Condition 2 in each unit's license be extended to
the end of Unit 1's Fall 2020 outage and April 30, 2020, respectively,
due to technical and scheduling difficulties related to implementation
of these modifications. In its application, TVA stated that ``An
extension of these implementation due dates will ensure that TVA can
complete the modifications and not impact operation and safety of the
BFN units.''
DATES: Submit comments by August 12, 2019. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received before this
date. Requests for a hearing or petition for leave to intervene must be
filed by September 9, 2019.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0145. Address
questions about NRC 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: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Farideh Saba, U.S. Nuclear Regulatory
Commission, Washington DC 20555-0001; telephone: 301-415-1447; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0145 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0145.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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-2019-0145 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov/ as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of amendments to RFOL Nos. DPR-33,
DPR-52, and DPR-68 for BFN, Units 1, 2, and 3, respectively, located in
Limestone County, Alabama, as outlined in TVA's request dated July 3,
2019 (ADAMS Accession No. ML19184A633).
The proposed license amendments would amend the RFOLs for BFN,
Units 1, 2, and 3. In its license amendment request, TVA requested
changes to the BFN units' RFOLs to support extension to the
implementation due dates for Modifications 102 and 106. The
implementation due date for Modification 102 would be extended from
August 14, 2019, to the end of Unit 1's Fall 2020 outage, and the due
date for Modification 106 would be extended from October 14, 2019, to
April 30, 2020.
Modification 102 modifies the actuation for the Main Unit Service
Station Transformer and Common Service Station Transformer water spray
system, such that the circuits are supervised per National Fire
Protection Association (NFPA) 15-2001, 6.5.3.1.1. Modification 106
installs additional equipment to provide water to the cooling tower
lift pump bearing lubrication water system in order to provide this
system with a water supply independent from the Raw Service Water and
High Pressure Fire Protection pumps to ensure that pressure is
maintained in the fire protection system
[[Page 33095]]
during normal operation without using a fire pump. TVA stated in its
application that ``[t]he above Modifications have no direct impact on
the BFN Fire PRA [Probabilistic Risk Assessment (FPRA)].''
Before issuance of the proposed license amendments, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in section 50.92 of title 10 of the Code of
Federal Regulations (10 CFR), this means that operation of the facility
in accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment adds the reference to this letter [TVA
letter dated July 3, 2019] to the BFN RFOL License Condition,
Transition Condition 2, paragraphs 2.C.(13), 2.C.(14), and 2.C.(7)
for BFN Units 1, 2, and 3, respectively. The change encompassed by
the proposed amendment is to extend the implementation due dates of
Modifications 102 and 106.
Modification 102 modifies the actuation circuitry for a
transformer spray fire suppression system. Delaying implementation
of this modification does not adversely affect accident initiators
or precursors nor alter the design assumptions, conditions, and
configuration of the facility or the manner in which the plant is
operated and maintained. The proposed change does not affect the
ability to transfer to alternate onsite power sources in the event
of a loss of a transformer and therefore does not affect the ability
of structures, systems and components (SSCs) to perform their
intended safety function to mitigate the consequences of an
initiating event within the assumed acceptance limits.
Therefore, these proposed 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 amendment adds the reference to this letter to the
BFN RFOL License Condition, Transition Condition 2, paragraphs
2.C.(13), 2.C.(14), and 2.C.(7) for BFN Units 1, 2, and 3,
respectively. The changes encompassed by the proposed amendment are
to extend the implementation due dates of Modifications 102 and 106.
There is no direct impact to CDF [Core Damage Frequency] or LERF
[Large Early Release Frequency]. These proposed changes are an NFPA
805 [Performance-Based Standard for Fire Protection for Light-Water
Reactor Electric Generating Plants] Chapter 3 compliance issue only,
and this level of detail is not modeled in the FPRA.
The proposed change does not result in any new or different
kinds of accident from that previously evaluated because it does not
change any precursors or equipment that is previously credited for
accident mitigation.
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?
The proposed amendment adds the reference to this letter to the
BFN RFOL License Condition, Transition Condition 2, paragraphs
2.C.(13), 2.C.(14), and 2.C.(7) for BFN Units 1, 2, and 3,
respectively. The change encompassed by the proposed amendment is to
extend the implementation due dates of Modifications 102 and 106.
The proposed changes associated with Modifications 102 and 106
do not involve any licensing basis analyses. Therefore, the safety
margin inherent in the analyses for fire events has been preserved.
Therefore, based on the above discussion, these proposed changes
do not involve a reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c)
are satisfied. Therefore, the NRC staff proposes to determine that
the license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed
determination that the license amendment request involves no
significant hazards consideration. Any comments received within 30
days after the date of publication of this notice will be considered
in making any final determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice.
The Commission may issue the license amendment before expiration of
the 60-day notice period if the Commission concludes the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the
30-day comment period if circumstances change during the 30-day
comment period such that failure to act in a timely way would
result, for example, in derating or shutdown of the facility. If the
Commission takes action prior to the expiration of either the
comment period or the notice period, it will publish in the Federal
Register a notice of issuance. If the Commission makes a final no
significant hazards consideration determination, any hearing will
take place after issuance. The Commission expects that the need to
take this action will occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://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
[[Page 33096]]
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.
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 https://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 https://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 https://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
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on the NRC's public website at https://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 this action, see the
application for license amendment dated July 3, 2019 (ADAMS Accession
No. ML19184A633).
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, TN 37902.
NRC Branch Chief: Undine Shoop.
Dated at Rockville, Maryland, this 8th day of July, 2019.
For the Nuclear Regulatory Commission.
Farideh E. Saba,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-14764 Filed 7-10-19; 8:45 am]
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