[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]
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