[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81443-81445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25819]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-323; NRC-2023-0197]
Pacific Gas and Electric Company; Diablo Canyon Nuclear Power
Plant, Unit 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, the Commission)
is considering issuance of an amendment to Facility Operating License
No. DPR-82, issued to Pacific Gas and Electric Company (PG&E, the
licensee), for operation of the Diablo Canyon Nuclear Power Plant
(Diablo Canyon), Unit 2. The proposed amendment would revise Technical
Specification (TS) 3.7.8, ``Auxiliary Saltwater (ASW) System,''
Condition A note to allow a one-time Completion Time (CT) of 144 hours
to replace the ASW Pump 2-2 motor during Cycle 24. The proposed
amendment is being requested under exigent circumstances pursuant to
NRC regulations.
DATES: Submit comments by December 6, 2023. Request for a hearing or
petitions for leave to intervene must be filed by January 22, 2024.
ADDRESSES: You may submit comments by any of the following; 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-2023-0197. 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: Siva P. Lingam, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1564; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0197 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-2023-0197.
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 23-
03, as supplemented, to revise Technical Specification (TS) 3.7.8,
``Auxiliary Saltwater (ASW) System,'' is available in ADAMS under
Accession Nos. ML23319A204 and ML23320A312, respectively.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open 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-2023-0197 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 Facility
Operating License No. DPR-82, issued to PG&E, for operation of Diablo
Canyon, Unit 2, located in San Luis Obispo County, California.
The proposed amendment would revise TS 3.7.8, ``Auxiliary Saltwater
(ASW) System,'' to provide a revised TS 3.7.8 Condition A Note to allow
a one-time completion time (CT) of 144 hours to replace the ASW System
Pump 2-2 motor during Cycle 24 for Diablo Canyon, Unit 2.
Pursuant to the requirements of sections 50.91 and 50.92 of Title
10 of the Code of Federal Regulations (10 CFR), the licensee requested
approval of the amendment under exigent circumstances. The need to
replace the ASW Pump 2-2 motor occurred on an emergent basis due to
indication of a potential degraded motor bearing. The ASW Pump 2-2
motor is currently OPERABLE but trends in bearing performance indicate
that OPERABILITY could be impacted prior to the next scheduled Unit 2
refueling outage in April 2023. In order to maintain high plant safety,
PG&E currently plans to begin replacement of the ASW Pump 2-2 motor the
week of December 11, 2023. The circumstances requiring this exigent
amendment request could not reasonably have been avoided. Oil samples
collected from ASW pump 2-2 in January 2023 up until August 21, 2023,
were within acceptance limits. On October 23, 2023, the ASW Pump 2-2
oil sample visually exhibited further discoloration compared to the
sample collected on August 21, 2023, indicating that degradation had
continued. As a result of the indication of a potential degraded ASW
Pump 2-2 motor bearing on October 23, 2023, the associated analysis on
October 27, 2023, indicating a further step change increase in
particulate count, and as a prudent measure to maintain high
reliability of the ASW pump, PG&E currently plans to begin replacement
of the ASW Pump 2-2 motor on the week of December 11, 2023. The
replacement of this motor will have no impact on the unit
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electrical load or electrical distribution systems.
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.
Pursuant to 10 CFR 50.91(a)(6) 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 (NSHC). 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 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 change to the requirements in TS 3.7.8, ``Auxiliary
Saltwater (ASW) System'' Condition A will allow a one-time
Completion Time of 144-hours during Unit 2 Cycle 24 for Auxiliary
Saltwater System (ASW) Pump 2-2 to support the emergent replacement
of the pump motor. The ASW system is not an initiator of any UFSAR
Chapter 6 or 15 design basis accident or event, and therefore, the
proposed change does not increase the probability of any accident
previously evaluated. The ASW system is used to supply cooling water
to respond to accidents that have been previously evaluated. The
proposed change affects only the time allowed for an ASW system
train to be inoperable and does not affect the design of the ASW
system. With the change to TS 3.7.8, adequate ASW continues to be
provided to perform the heat removal function for accidents
previously evaluated and there is no significant impact on accident
consequences. The proposed change does not significantly change how
the plant would mitigate an accident previously evaluated.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
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 change does not result in a change in the manner in
which the ASW system provides plant protection. The ASW system will
continue to perform the function of heat removal while in the
proposed revised TS 3.7.8 Condition A. The change does not involve a
physical alteration of the plant that impacts the capability of the
ASW system to perform its design function. Therefore, the proposed
change does not create the possibility of a new or different
accident from any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change does not alter the manner in which safety
limits, limiting safety system settings, or limiting conditions for
operation are determined. The safety analysis acceptance criteria
are not impacted by this change. The proposed change will not result
in plant operation in a configuration outside the existing design
basis since TS 3.7.8 Condition A already allows one train of the ASW
system to be inoperable.
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, the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the license
amendment request involves a NSHC. In accordance with 10 CFR
50.91(a)(6), where the Commission finds that exigent circumstances
exist, in that a licensee and the Commission must act quickly and that
time does not permit the Commission to publish a Federal Register
notice allowing 30 days for prior public comment, and it also
determines that the amendment involves NSHCs, it can issue a Federal
Register notice providing notice of an opportunity for hearing and
allowing at least two weeks from the date of the notice for prior
public comment. Therefore, in accordance with 10 CFR 50.91(a)(6)(i)(A),
the NRC staff is providing a 14-day notice period for public comment.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves NSHC. Any comments received
within 14 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 14-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 14-day 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 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
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 a
current copy of 10 CFR 2.309. 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.
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 NHSC, 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 NHSC, 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
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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 Number=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 November 14, 2023, as
supplemented by letter dated November 16, 2023 (ADAMS Accession Nos.
ML23319A204 and ML23320A312, respectively).
Attorney for licensee: Jennifer Post, Esq. Pacific Gas & Electric
Co., 77 Beale Street, Room 3065, Mail Code B30A, San Francisco, CA
94105.
NRC Branch Chief: Jennifer L. Dixon-Herrity.
Dated: November 17, 2023.
For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-25819 Filed 11-21-23; 8:45 am]
BILLING CODE 7590-01-P