[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5256-5259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01547]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333; NRC-2020-0028]


Exelon Generation Company, LLC; James A. FitzPatrick Nuclear 
Power Plant; Adoption of TSTF-568

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Renewed Facility Operating License No. DPR-
59, issued to Exelon Generation Company, LLC, for operation of the 
James A. FitzPatrick Nuclear Power Plant (FitzPatrick). The amendment 
would adopt Technical Specifications Task Force (TSTF) Traveler TSTF-
568, ``Revise Applicability of BWR [Boiling Water Reactor]/4 TS 
[Technical Specification] 3.6.2.5 and TS 3.6.3.2.''

DATES: Submit comments by February 28, 2020. Requests for a hearing or 
petitions for leave to intervene must be filed by March 30, 2020.

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-2020-0028. 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: Samson Lee, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3168; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0028 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-2020-0028.
     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 license amendment request dated 
January 23, 2020, is available in ADAMS under Accession No. 
ML20023A362.
     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-2020-0028 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 the issuance of an amendment to Renewed 
Facility Operating License No. DPR-59, issued to Exelon Generation 
Company, LLC (the licensee), for operation of FitzPatrick, located in 
Oswego County, New York.
    The proposed amendment would adopt TSTF-568, ``Revise Applicability 
of BWR/4 TS 3.6.2.5 and TS 3.6.3.2'' (ADAMS Package Accession No. 
ML19325C444). TSTF-568 revises the applicability and actions of TS 
3.6.2.5, ``Drywell-to-Suppression Chamber Differential Pressure,'' and 
TS 3.6.3.2, ``Primary Containment Oxygen Concentration,'' and presents 
the requirements in a manner more consistent with the Standard 
Technical Specifications (STS) format and content. TSTF-568 extends the 
allowable time to 72 hours if a differential pressure is not

[[Page 5257]]

maintained in the drywell or if primary containment oxygen 
concentration is greater than the allowable limit. The licensee 
requests review of this amendment request under the Consolidated Line 
Item Improvement Process and requests issuance by March 4, 2020.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC regulations.
    Pursuant to section 50.91(a)(6) of title 10 of the Code of Federal 
Regulations (10 CFR) for amendments to be granted under exigent 
circumstances, the NRC has made a proposed determination that the 
license amendment request involves no significant hazards 
consideration. Under the NRC's regulations in 10 CFR 50.92, this means 
that operation of the facility in accordance with the proposed 
amendment would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee 
affirmed the applicability of the model no significant hazards 
consideration determination, 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 change revises the Applicability and Actions of 
[FitzPatrick] TS 3.6.2.4, ``Drywell-to-Suppression Chamber 
Differential Pressure,'' and [FitzPatrick] TS 3.6.3.1, ``Primary 
Containment Oxygen Concentration,'' and presents the requirements in 
a manner more consistent with the STS format and content. Drywell-
to-suppression chamber differential pressure and primary containment 
oxygen concentration are not initiators to any accident previously 
evaluated. As a result, the probability of any accident previously 
evaluated is not affected by the proposed change.
    Drywell-to-Suppression Chamber Differential Pressure and Primary 
Containment Oxygen Concentration are assumptions in the mitigation 
of some accidents previously evaluated. The Applicability of TS 
3.6.3.1 is changed from Mode 1 when thermal power is greater than 
15% to Modes 1 and 2. This expands the Applicability of the TS and 
will not have an effect on the consequences of an accident. The 
existing Applicability exceptions are removed and replaced with a 
longer Completion Time of 72 hours. The consequences of an event 
that could affect the drywell-to-suppression chamber differential 
pressure and primary containment oxygen concentration are no 
different during the proposed Completion Time than the consequences 
of the same event during the existing Completion Times. A note 
referencing Limiting Condition for Operation (LCO) 3.0.4.c is added 
to the Actions to permit entering the Applicability with the LCO not 
met. The note replaces the existing Applicability exceptions. This 
change is administrative and has no effect on the consequences of an 
accident.
    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 proposed change revises the Applicability and Actions of 
[FitzPatrick] TS 3.6.2.4, ``Drywell-to-Suppression Chamber 
Differential Pressure,'' and [FitzPatrick] TS 3.6.3.1, ``Primary 
Containment Oxygen Concentration,'' and presents the requirements in 
a manner more consistent with the STS format and content.
    The proposed change does not involve a physical alteration of 
the plant (no new or different type of equipment will be installed). 
No credible new failure mechanisms, malfunctions, or accident 
initiators that would have been considered a design basis accident 
in the UFSAR [Updated Final Safety Analysis Report] are created 
because the Nuclear Regulatory Commission has determined that 
hydrogen generation is not risk significant for design basis 
accidents.
    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 revises the Applicability and Actions of 
[FitzPatrick] TS 3.6.2.4, ``Drywell-to-Suppression Chamber 
Differential Pressure,'' and [FitzPatrick] TS 3.6.3.1, ``Primary 
Containment Oxygen Concentration,'' and presents the requirements in 
a manner more consistent with the STS format and content. No safety 
limits are affected. No Limiting Conditions for Operation or 
Surveillance limits are affected. The Drywell-to-Suppression Chamber 
Differential Pressure and Primary Containment Oxygen Concentration 
Technical Specification requirements assure sufficient safety 
margins are maintained, and that the design, operation, surveillance 
methods, and acceptance criteria specified in applicable codes and 
standards (or alternatives approved for use by the NRC) will 
continue to be met as described in the plants' licensing basis. The 
proposed change does not adversely affect existing plant safety 
margins or the reliability of the equipment assumed to operate in 
the safety analysis. As such, there are no changes being made to 
safety analysis assumptions, safety limits, or limiting safety 
system settings that would adversely affect plant safety.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the above 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.
    The Commission 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 the 30-day comment period. However, if circumstances 
change during the comment period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 30-day comment period, provided that its final determination is 
that the amendment involves no significant hazards consideration. The 
final determination will consider all public and State comments 
received. If the Commission takes this action, it will publish in the 
Federal Register a notice of issuance. The Commission expects that the 
need to take this action will occur very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at 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

[[Page 5258]]

the following general requirements for standing: (1) The name, address, 
and telephone number of the petitioner; (2) the nature of the 
petitioner's right 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 amendments and make them 
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/

[[Page 5259]]

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 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 licensee's 
application dated January 23, 2020 (ADAMS Accession No. ML20023A362).
    Attorney for licensee: Donald P. Ferraro, Assistant General 
Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, 
Kennett Square, PA 19348.
    NRC Branch Chief: James G. Danna.

    Dated at Rockville, Maryland, this 24th day of January 2020.

    For the Nuclear Regulatory Commission.
Samson S. Lee,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-01547 Filed 1-28-20; 8:45 am]
BILLING CODE 7590-01-P