[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41425-41427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16588]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0151; Docket Nos. 50-269, 50-270, and 50-287; License Nos. 
DPR-38, DPR-47, and DPR-55; EA-13-010]


In the Matter of Duke Energy Carolinas, LLC; (Oconee Nuclear 
Station, Units 1, 2, and 3); Confirmatory Order Modifying License

I

    Duke Energy Carolinas, LLC (Duke, Licensee) is the holder of 
Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55 
issued by the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 
50 of Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities,'' on May 23, 2000. 
The licenses authorize the operation of Oconee Nuclear Station, Units 
1, 2, and 3, in accordance with the conditions specified therein. The 
facilities are located on the Licensee's site in Seneca, South 
Carolina.

II

    On December 29, 2010, the NRC issued Amendment Nos. 371, 373, and 
372 to Renewed Facility Operating Licenses DPR-38, DPR-47, and DPR-55, 
for the Oconee Nuclear Station, Units 1, 2, and 3, respectively 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML103630612). The amendments consisted of changes to the licenses 
and Technical Specifications to allow Duke to maintain a fire 
protection program (FPP) in accordance with 10 CFR 50.48(c). Condition 
3.D, Fire Protection, Transition License Condition 1 required Duke to 
complete the items described in Section 2.9, Table 2.9-1, 
``Implementation Items,'' in the NRC safety evaluation dated December 
29, 2010, prior to January 1, 2013. Table 2.9-1, item 23 required 
completion of the analysis of non-power operation (NPO) fire impacts 
for fire zones following installation of the NFPA-805 committed 
modifications, including the Protected Service Water (PSW) 
modifications. Item 32 required incorporation of the PSW modification 
into the FPP site documents after the modification was implemented. 
Item 43 required confirmation that the risk decrease from the as-built 
PSW system continued to bound the cumulative variances from 
deterministic requirements (VFDR) transition risk once the PSW 
modifications were installed. Transition License Condition 2 required 
Duke to complete the items described in Section 2.8, Table 2.8.1-1, 
``Committed Plant Modifications,'' in the NRC safety evaluation dated 
December 29, 2010. Item 1 of the table included implementation of the 
PSW modifications.
    On July 31, 2012, Duke submitted a license amendment request (LAR) 
to extend full PSW implementation by two years, but stated that the 
modification to supply power from the PSW building to the Standby 
Shutdown Facility (SSF) would be operational by December 31, 2012. In a 
clarification call on November 27, 2012, Duke discussed draft 
milestones which would extend some items, such as installation of the 
PSW pumps, by at least 3 years. As of January 1, 2013, the full PSW 
modification had not been completed, which put Duke in violation of 
License Condition 3.D in all three licenses. After considering the 
information provided by Duke, the NRC staff denied the July 31, 2012, 
LAR application in a letter dated January 15, 2013. Subsequently, the 
NRC staff described an apparent violation to Duke by letter dated 
January 31, 2013. This apparent violation has been considered for 
escalated enforcement action in accordance with the NRC Enforcement 
Policy.

III

    On March 5, 2013, a predecisional enforcement conference (ADAMS 
Accession No. ML13072A426) was conducted at the NRC headquarters in 
Rockville, Maryland with members of Duke's staff to discuss the 
apparent violation, its significance, root causes, and Duke's 
corrective actions. By letter dated March 11, 2013 (ADAMS Accession No. 
ML13079A321), and in a public meeting on April 10, 2013, Duke provided 
additional information on milestones Duke plans to meet while 
completing the installation of the PSW system. The NRC staff is issuing 
this Confirmatory Order to provide regulatory oversight of these 
milestones. The requirements needed to effectuate the foregoing are set 
forth in Section IV below. On June 18, 2013, the Licensee consented to 
the license modifications set forth in Section IV below. The Licensee 
further agreed that it has waived its right to a hearing on this order, 
and, therefore, that the terms of the Order are effective upon 
issuance.
    I find that the license modifications set forth in Section IV are 
acceptable and necessary because they reduce the risk of significant 
damage from fire, as determined by the NRC staff in the safety 
evaluation for Amendment Nos. 371, 373, and 372 to Renewed Facility 
Operating Licenses DPR-38, DPR-47, and DPR-55. Thus, I find this order 
acceptable in order to ensure public

[[Page 41426]]

health and safety. Based on the above and the Licensee's consent, this 
Order is effective upon issuance.

IV

    In view of the foregoing and pursuant to Sections 104b, 161b, 161i, 
161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202 and 10 CFR part 50, it is 
hereby ordered, that license nos. DPR-38, DPR-47, and DPR-55 are 
modified as follows:
    1. The licensee shall provide the capability to supply off-site 
electrical power to the PSW building switchgear and from there to the 
SSF switchgear, with sufficient capacity to operate all credited SSF 
equipment in the event of a failure of the SSF diesel generator during 
a fire for which the SSF is credited. This modification along with 
approved plant procedures and the completion of operator training 
necessary to accomplish this lineup, and a combination of testing and 
engineering evaluation in accordance with station procedures which 
verifies this capability, will be completed and operational no later 
than October 1, 2013.
    2. The licensee shall provide the capability to supply electrical 
power from each of the Keowee Hydro Units to the PSW building 
switchgear and from there to the SSF switchgear, with sufficient 
capacity to operate all credited SSF equipment in the event of a 
failure of the SSF diesel generator during a fire for which the SSF is 
credited. This modification along with approved plant procedures and 
the completion of operator training necessary to accomplish this 
lineup, and a combination of testing and engineering evaluation in 
accordance with station procedures which verifies this capability, will 
be completed and operational no later than July 18, 2014.
    3. The licensee shall provide the capability to supply electrical 
power from the PSW building switchgear to simultaneously operate at 
least one high-pressure injection pump per unit, and to operate the 
associated valves needed to align water flow to the reactor coolant 
pump seals and to inject water into the reactor coolant system, as an 
alternate path within the emergency operating procedures. This 
modification along with approved plant procedures and the completion of 
operator training necessary to accomplish this lineup, and a 
combination of testing and engineering evaluation in accordance with 
station procedures which verifies this capability, will be completed 
and operational no later than October 1, 2014.
    4. The licensee shall have the PSW pump installed and provide the 
capability to supply electrical power from the PSW building switchgear 
to operate the PSW pump and the associated valves to provide water to 
the steam generators of all three units sufficient to remove decay heat 
following simultaneous reactor trips from 100% power, with the steam 
generators at the pressure corresponding to the lowest safety valve 
setting, as an alternate path within the emergency operating 
procedures. This modification along with approved plant procedures and 
the completion of operator training necessary to accomplish this 
lineup, and a combination of testing and engineering evaluation in 
accordance with station procedures which verifies this capability, will 
be completed and operational no later than June 3, 2015.
    5. The licensee shall provide the capability to supply electrical 
power from the PSW building switchgear to those DC battery chargers 
that provide power to controls and instrumentation that allow PSW 
system control and monitoring from the control room for an extended 
period of time as prescribed by the NFPA-805 fire protection program 
approved for Oconee. The licensee shall provide electrical power from 
the PSW building switchgear to at least 400 kW (nameplate rating) of 
pressurizer heaters for each unit, and provide the ability to select 
the PSW power source to those pressurizer heaters from the Auxiliary 
Building. The licensee shall provide Auxiliary Building and Reactor 
Building environments suitable for equipment operation. The licensee 
shall provide the ability to control and monitor the high-pressure 
injection equipment, the PSW equipment, and the steam generator heat 
removal equipment from the associated Oconee control rooms. This 
modification along with approved plant procedures and the completion of 
operator training necessary to accomplish this lineup, and a 
combination of testing and engineering evaluation in accordance with 
station procedures which verifies this capability, will be completed 
and operational no later than February 4, 2016.
    6. The licensee shall complete all items in Table 2.9-1, 
``Implementation Items,'' of the December 29, 2010, Oconee NFPA 805 
safety evaluation report no later than November 15, 2016.
    7. The licensee shall provide a letter to the NRC under oath or 
affirmation, and in accordance with 10 CFR 50.4, ``Written 
communications,'' reporting the completion of each milestone described 
above, and a final letter reporting when it has achieved full 
compliance with the requirements contained in this Order, within 30 
days of completion.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

V

    In accordance with 10 CFR 2.202, ``Orders,'' the licensee, under 
oath or affirmation, may submit a written answer to this Order within 
30 days from the date of this Order. Additionally, any person adversely 
affected by this Order, other than Duke, may submit a written answer 
and/or request a hearing on this Order within 30 days from the date of 
this Order. Where good cause is shown, consideration will be given to 
extending the time to answer or request a hearing. A request for 
extension of time must be directed to the U.S. Nuclear Regulatory 
Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, 
with a copy to Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and include a statement of good 
cause for the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    All documents filed in the NRC adjudicatory proceedings, including 
a request for a 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's 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 optical 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 associated with E-
Filing, at least 10 days prior to the filing deadline the participant 
should contact the Office of the Secretary by email at 
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) 
a digital identification (ID) certificate, which

[[Page 41427]]

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 certificate). Based 
on 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 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 the NRC's ``Guidance for 
Electronic Submission,'' which is available on the NRC'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 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 the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
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 
a hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC guidance 
available on the NRC's 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 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 a hearing request/petition 
to intervene is filed so that they may obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC'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 email to 
MSHD.Resource@nrc.gov, or by a toll-free call to 1-866-672-7640. The 
NRC Meta System Help Desk is available between 9 a.m. and 7 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an extension 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. Copies shall be sent to the 
Director, Office of Enforcement and the Assistant General Counsel for 
Materials Litigation and Enforcement at the same address, the Regional 
Administrator, NRC Region II, Marquis One Tower, Suite 1200, 245 
Peachtree Center Avenue NE., Atlanta, GA 30303, and to the Licensee, 
Duke Energy Carolinas, LLC, Oconee Nuclear Station, 7800 Rochester 
Highway, Seneca, SC 29672. 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 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://ehd1.nrc.gov/ehd, unless excluded pursuant to an Order of the 
Commission, an Atomic Safety and Licensing Board, 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 submissions.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or written approval of an 
extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 30 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

     Dated this 1st day of July 2013.

    For the Nuclear Regulatory Commission.
Roy Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-16588 Filed 7-9-13; 8:45 am]
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