[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20918-20921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07268]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-390 and 50-391; NRC-2023-0074]
Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and
2
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 amendments to Facility Operating License No. NPF-90 and
NPF-96, issued to Tennessee Valley Authority (TVA, the licensee), for
operation of the Watts Bar Nuclear Plant (Watts Bar or WBN), Units 1
and 2. The proposed amendments would revise Watts Bar, Units 1 and 2,
Technical Specification (TS) 3.7.11, ``Control Room Emergency Air
Temperature Control System (CREATCS),'' to change the dates in the one-
time footnotes for Required Actions A.1 and E.1 for performing
modifications to the Watts Bar, Units 1 and 2, main control room
CREATCS chillers.
DATES: Submit comments by May 8, 2023. Request for a hearing or
petitions for leave to intervene must be filed by June 6, 2023.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0074. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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: Kimberly Green, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1627; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0074 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-2023-0074.
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 ``Expedited Application to Modify
the Watts Bar Nuclear Plant, Unit 1 and Unit 2 Technical Specifications
for Main Control Room Chiller Completion Time Extension (WBN-TS-22-
08),'' and ``Watts Bar Nuclear Plant, Units 1 and 2--Issuance of
Amendment Nos. 145 and 51 for One-Time Change to Technical
Specification 3.7.11 to Extend the Completion Time for Main Control
Room Chiller Modifications (EPID L-2020-LLA-0114)'' are available in
ADAMS under Accession Nos. ML23058A447 and ML21078A484.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2023-0074 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.
[[Page 20919]]
II. Introduction
The NRC is considering issuance of amendments to Facility Operating
License Nos. NPF-90 and NPF-96, issued to Tennessee Valley Authority,
for operation of the Watts Bar Nuclear Plant, Units 1 and 2, located in
Rhea County, Tennessee.
By letter dated May 5, 2021, the NRC issued Amendment Nos. 145 and
51 to Facility Operating Licenses Nos. NPF-90 and NPF-96, for Watts Bar
Nuclear Plant, Units 1 and 2, respectively. The amendments revised
Watts Bar, Units 1 and 2, TS 3.7.11, ``Control Room Emergency Air
Temperature Control System (CREATCS),'' by adding a one-time footnote
to the Completion Time for Required Action A.1 to allow one CREATCS
train to be inoperable for up to 60 days while performing modifications
to the main control room CREATCS chillers between May 1, 2022, and May
1, 2023. Additionally, the amendments added a one-time footnote to the
Completion Time for Required Action E.1 to allow delayed entry into TS
Limiting Condition for Operation 3.0.3 for up to 4 days in the event
that both CREATCS trains are inoperable during the modifications to the
main control room CREATCS chillers between May 1, 2022, and May 1,
2023.
Due to delays in the vendor delivery of the main control room
CREATCS chillers, TVA is requesting to revise the timeframe in the
previously mentioned footnotes to begin no earlier than July 1, 2023,
and end no later than December 31, 2024.
Before any 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 (NSHC).
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 NSHC, which is presented as follows:
1. Does the proposed change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed revision to the footnotes in the Completion Time for
WBN Units 1 and 2 TS 3.7.11, Required Actions A.1 and E.1, is
administrative in nature to reflect the revision to the scheduled
completion time for the modification activities planned for the upgrade
of the MCR chillers. The compensatory measures listed in References 1
and 3 \1\ remain unchanged. Therefore, the proposed change does not
involve a significant increase in the probability or consequences of an
accident previously evaluated.
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\1\ Reference 1 is the TVA letter to NRC, CNL-20-012,
``Application to Modify the Watts Bar Nuclear Plant Unit 1 and Unit
2 Technical Specifications for Main Control Room Chiller Completion
Time Extension (WBN-TS-18-16),'' dated May 19, 2020 (ML20140A342).
Reference 3 is the NRC letter to TVA, ``Watts Bar Nuclear Plant,
Units 1 and 2--Issuance of Amendment Nos. 145 and 51 for One-Time
Change to Technical Specification 3.7.11 to Extend the Completion
Time for Main Control Room Chiller Modifications (EPID L-2020-LLA-
0114),'' dated May 5, 2021 (ML21078A484).
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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 revision to the footnotes in the Completion Time for
WBN Units 1 and 2 TS 3.7.11, Required Actions A.1 and E.1, is
administrative in nature to reflect the revision to the scheduled
completion time for the modification activities planned for the upgrade
of the MCR chillers. The compensatory measures listed in References 1
and 3 remain unchanged. Therefore, the proposed change does not create
the possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed revision to the footnotes in the Completion Time for
WBN Units 1 and 2 TS 3.7.11, Required Actions A.1 and E.1, is
administrative in nature to reflect the revision to the scheduled
completion time for the modification activities planned for the upgrade
of the MCR chillers. The compensatory measures listed in References 1
and 3 remain unchanged. Therefore, the proposed change does not involve
a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves NSHC. 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 60-day notice period. However, the Commission may
issue the license amendment before the expiration of the notice period,
provided that its final determination is that the amendment involves
NSHC. 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. A
final NSHC determination, if made, will consider all public and State
comments received. 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 NSHC determination for the amendments, any hearing will
take place after issuance. The Commission expects that the need to take
action on any amendment before 60 days have elapsed 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
person (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 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
[[Page 20920]]
If a hearing is requested and the Commission has not made a final
determination on the issue of NSHC, the Commission will make a final
determination on the issue of NSHC, which will serve to establish when
the hearing is held. If the final determination is that the amendment
request involves NSHC, 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 designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
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).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on 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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated February 27, 2023 (ADAMS
Accession No. ML23058A447). Attorney for licensee: David Fountain,
Executive VP and General Counsel, Tennessee Valley Authority, 6A West
Tower, 400 West Summit Hill Drive, Knoxville, TN 37902. NRC Branch
Chief: David Wrona.
Dated: April 3, 2023.
[[Page 20921]]
For the Nuclear Regulatory Commission.
Kimberly J. Green,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-07268 Filed 4-6-23; 8:45 am]
BILLING CODE 7590-01-P