[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Pages 73628-73631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23676]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482; NRC-2023-0185]
Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating
Station, Unit 1
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. NPF-
42, issued to Wolf Creek Nuclear Operating Corporation, for operation
of the Wolf Creek Generating Station, Unit 1. The proposed amendment
would modify the implementation date of License Amendment No. 237 for
Wolf Creek Generating Station, Unit 1.
DATES: Submit comments by November 27, 2023. Request for a hearing or
petitions for leave to intervene must be filed by December 26, 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-2023-0185. 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: 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-2023-0185 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-2023-0185.
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, at 301-415-4737,
or by email to [email protected]. The License Amendment Request to
Modify the 90-Day Implementation of License Amendment No. 237 is
available in ADAMS under Accession No. ML23292A359.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open
[[Page 73629]]
by appointment. 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-2023-0185 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 an amendment to Renewed Facility
Operating License No. NPF-42, issued to Wolf Creek Nuclear Operating
Corporation, for operation of the Wolf Creek Generating Station, Unit
1, located in Coffey County, Kansas.
By letter dated August 31, 2023 (ADAMS Accession No. ML23165A250),
the NRC issued Amendment No. 237 to Renewed Facility Operating License
No. NPF-42 for the Wolf Creek Generating Station, Unit 1. The amendment
revised License Condition 2.C.(5), ``Fire Protection (Section 9.5.1,
SER [Safety Evaluation Report], Section 9.5.1.8, SSER [Supplement to
SER] #5),'' and the Updated Safety Analysis Report to allow the use of
hard hat mounted portable lights as the primary emergency lighting
means in certain fire areas for illuminating safe shutdown equipment,
and access and egress routes to the equipment. By letter dated October
19, 2023 (ADAMS Accession No. ML23292A357), Wolf Creek Nuclear
Operating Corporation requested correction of the NRC staff safety
evaluation for Amendment No. 237. Wolf Creek Nuclear Operating
Corporation stated that it cannot implement the amendment as approved
and is requesting modification of the implementation date for Amendment
No. 237 from 90 days after approval of Amendment No. 237 to 90 days
after the NRC corrects the associated safety evaluation.
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'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 below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed modification to the 90-day implementation date for
License Amendment Number 237 does not involve a significant increase
in the probability or consequences of an accident previously
evaluated. The existing Fire Protection Program will remain in
effect during the modified implementation period.
The current Fire Protection Program and associated post-fire
operator manual actions for a fire outside the control room will
continue to remain feasible and reliable, demonstrating that the
plant can be safely shutdown in the event of a fire. The use of the
existing Fire Protection Program will not adversely affect the
performance of operator manual actions in support of applicable
procedures.
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 modification to the 90-day implementation date for
License Amendment Number 237 does not create the possibility of a
new or different kind of accident from any accident previously
evaluated. The existing Fire Protection Program will remain in
effect during the modified implementation period. Considering the
current Fire Protection Program remains in place, no physical
alteration of the plant will occur and does not result in the
installation of any new or different kind of equipment.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed modification to the 90-day implementation date for
License Amendment Number 237 is not a reduction in margin of safety.
The existing Fire Protection Program will remain in effect during
the modified implementation period and has an acceptable margin of
safety and has been approved by the NRC.
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, if circumstances
change during the notice 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 notice period, provided that its final determination is that the
amendment involves NSHC. The final determination 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.
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
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
[[Page 73630]]
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).
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
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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 October 19, 2023 (ADAMS
Accession No. ML23292A359).
Attorney for licensee: Thomas C. Poindexter, Nukelaw LLC, 66
Franklin Street, Unit 502, Annapolis, MD 21401.
NRC Branch Chief: Jennifer L. Dixon-Herrity.
Dated: October 23, 2023.
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. 2023-23676 Filed 10-25-23; 8:45 am]
BILLING CODE 7590-01-P