[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19431-19434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8511]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483; NRC-2010-0151]


Union Electric Company; Notice of Consideration of Issuance of 
Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-30, issued to Union Electric Company (the licensee), for operation 
of the Callaway Plant, Unit 1, located in Callaway County, Missouri.
    The proposed amendment would revise the Technical Specification 
(TS) 3.3.2, ``Engineered Safety Feature Actuation System (ESFAS) 
Instrumentation,'' regarding function 6.g in TS Table 3.3.2-1. Function 
6.g provides an auxiliary feedwater (AFW) start signal that is provided 
to the motor-driven AFW pumps in the event of a trip of both turbine-
driven main feedwater (MFW) pumps. The changes would revise Condition J 
for ESFAS instrumentation function 6.g to read, ``One or more Main 
Feedwater Pumps trip channel(s) inoperable.'' The licensee will make 
corresponding changes to Required Action J.1 and the Note above 
Required Actions J.1 and J.2 for consistency with the revised 
Condition.
    In accordance with the requirements of paragraph 50.91(a)(6) of 
Title 10 of the Code of Federal Regulations (10 CFR), the licensee 
requested approval of the amendment on exigent basis. The licensee 
stated that exigent approval was needed due to the time-critical nature 
of the requested amendment. The licensee requested approval of the 
amendment by May 14, 2010. The exigency arises due to the fact that, in 
the absence of approval of the amendment to TS 3.3.2, if the running 
MFW pump were to trip, Callaway Plant, Unit 1, will not be able to 
resume operation to the plant's licensed power level upon restart from 
its refueling outage 17, scheduled to end on May 14, 2010.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's

[[Page 19432]]

regulations in 10 CFR Section 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 no significant hazards consideration, which is presented 
below:

    [Union Electric Company] has evaluated whether or not a 
significant hazards consideration is involved with the proposed 
amendment by focusing on the three standards set forth in 10 CFR 
50.92, ``Issuance of amendment,'' Part 50.92(c), as discussed below:
    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    Overall protection system performance will remain within the 
bounds of the previously performed accident analyses since no design 
changes are proposed to the protection systems. The same reactor 
trip system (RTS) and engineered safety feature actuation system 
(ESFAS) instrumentation will continue to be used. The protection 
systems will continue to function in a manner consistent with the 
credited functions in the plant design and analysis basis. There 
will be no changes to the protection system surveillance and 
operating limits.
    The proposed changes will not adversely affect accident 
initiators or precursors nor alter the design assumptions, 
conditions, and configuration of the facility or the manner in which 
the plant is operated and maintained. The proposed changes will not 
alter or prevent the ability of structures, systems, and components 
(SSCs) from performing their intended functions to mitigate the 
consequences of an initiating event within the assumed acceptance 
limits.
    Therefore, the proposed changes will have no impact on the 
probability of occurrence of an accident previously evaluated in the 
FSAR [Final Safety Analysis Report].
    The transients and design basis events for which the initiation 
of the AFW system is credited are the main steam line break, loss of 
non-emergency AC [alternating current] power, loss of normal 
feedwater, main feed line break, and small break loss of coolant 
accident. The analyses of these events in FSAR Chapter 15 assume 
actuation of the AFW system due to a loss of offsite power signal 
(starts the turbine-driven AFW pump only), steam generator water 
level low-low signal (starts the motor-driven AFW pumps for low 
level in one steam generator, and starts the turbine-driven AFW pump 
for low level in two steam generators), or a safety injection signal 
(starts the motor-driven AFW pumps). The anticipatory motor-driven 
AFW pump auto-start signals from the turbine-driven MFW pumps are 
not credited in any design basis accidents and are, therefore, not 
part of the primary success path for postulated accident mitigation 
as defined by 10 CFR 50.36(c)(2)(ii), Criterion 3. Modifying TS 
3.3.2 Condition J and its Required Actions for ESFAS instrumentation 
function 6.g will not impact any previously evaluated design basis 
accidents.
    All accident analysis acceptance criteria will continue to be 
met with the proposed changes. The proposed changes will not affect 
the source term, containment isolation, or radiological release 
assumptions used in evaluating the radiological consequences of an 
accident previously evaluated. The proposed changes will not alter 
any assumptions or change any mitigation actions in the radiological 
consequence evaluations in the FSAR. The applicable radiological 
dose acceptance criteria will continue to be met.
    Therefore, the proposed changes do 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 changes would provide a TS Condition for more than 
one inoperable channel within ESFAS instrumentation function 6.g. 
These changes involve an anticipatory motor-driven AFW pump auto-
start function that is not credited in any accident analysis. The 
proposed changes do not affect the credited ESFAS functions that 
actuate AFW due to a loss of offsite power, steam generator water 
level low-low, or a safety injection signal.
    The proposed changes will not affect the normal method of plant 
operation or change any operating parameters. No equipment 
performance requirements will be affected. The proposed changes will 
not alter any assumptions made in the safety analyses.
    No new accident scenarios, transient precursors, failure 
mechanisms, or limiting single failures will be introduced as a 
result of this amendment. There will be no adverse effect or 
challenges imposed on any safety-related system as a result of this 
amendment.
    The proposed amendment will not alter the design or performance 
of the 7300 Process Protection System, Nuclear Instrumentation 
System, Solid State Protection System, BOP [Balance of Plant] ESFAS, 
MSFIS [Main Steam and Feed Isolation System], or LSELS [Load 
Shedding and Emergency Load Sequencing] used in the plant protection 
systems.
    Therefore, the proposed changes do not create the possibility of 
a new or different [kind of] accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes involve the automatic start of the motor-
driven AFW pumps after a trip of both turbine-driven MFW pumps which 
is not a credited start signal for any design basis event. This 
change does not modify any values or limits involved in a safety-
related function or accident analysis.
    There will be no effect on those plant systems necessary to 
assure the accomplishment of protection functions. There will be no 
impact on the overpower limit, departure from nucleate boiling ratio 
(DNBR) limits, heat flux hot channel factor (FQ), nuclear 
enthalpy rise hot channel factor (F[Delta]H), loss of coolant 
accident peak cladding temperature (LOCA PCT), peak local power 
density, or any other margin of safety. The applicable radiological 
dose consequence acceptance criteria will continue to be met.
    The proposed changes do not eliminate any surveillances or alter 
the frequency of surveillances required by the Technical 
Specifications. No instrument setpoints or system response times are 
affected. None of the acceptance criteria for any accident analysis 
will be changed.
    The proposed changes will have no impact on the radiological 
consequences of a design basis accident.
    Therefore, the proposed changes do 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 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. 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, should 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 no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take 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.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2010-0151 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
Regulations.gov. Because your comments will not be edited to remove

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any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0151. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
Carol.Gallagher@nrc.gov.
    Mail comments to: Michael T. Lesar, Chief, Rulemaking, 
Announcements and Directives Branch (RADB), Division of Administrative 
Services, Office of Administration, Mail Stop: TWB-05-B01M, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to 
RDB at (301) 492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0151.
    Within 60 days of this notice, any person(s) whose interest may be 
affected may file a request for hearing/petition to intervene. As 
required by 10 CFR 2.309, a petition for leave to intervene shall set 
forth with particularity the interest of the requestor/petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/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 requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the requestor/petitioner 
seeks to have litigated at 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 
requestor/petitioner shall 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 
requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements 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, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, 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 participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). 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. 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 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to (1) 
request a digital ID certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able

[[Page 19434]]

to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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 e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 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 
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, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document 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 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home 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 are requested not to 
include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from April 14, 2010. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    For further details with respect to this exigent license 
application, see the application for amendment dated March 29, 2010, as 
supplemented by letter dated March 29, 2010 (Agencywide Documents 
Access and Management System (ADAMS) Accession Nos. ML100880430 and 
ML100890460, respectively), which are available for public inspection 
at the Commission's Public Document Room (PDR), located at One White 
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the ADAMS Public Electronic Reading Room 
on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.
    Attorney for licensee: John O'Neill, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street, NW., Washington, DC 20037.

    Dated at Rockville, Maryland, this 7th day of April 2010.

    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch LPL4, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-8511 Filed 4-13-10; 8:45 am]
BILLING CODE 7590-01-P