[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6645-6651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01597]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0008]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing, and petition for leave to intervene; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of two amendment requests. The amendment requests
are for Turkey Point Nuclear Generating, Units 3 and 4; and Seabrook
Station, Unit 1. For each amendment request, the NRC proposes to
determine that they involve no significant hazards consideration. In
addition, each amendment request contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Comments must be filed by March 6, 2014. A request for a hearing
must be filed by April 7, 2014. Any potential party as defined in Sec.
2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to respond to this notice must
request document access by February 14, 2014.
ADDRESSES: You may submit comment by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0008. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN, 06-44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2014-0008 when contacting the NRC
about the availability of information regarding this document. You may
access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0008.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at
[[Page 6646]]
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this notice (if
that document is available in ADAMS) is provided the first time that a
document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852.
B. Submitting Comments
Please include Docket ID NRC-2014-0008 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
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 posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.
II. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the NRC is publishing this notice. The Act requires
the Commission to publish notice of any amendments issued, or proposed
to be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This notice includes notices of amendments containing SUNSI.
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses and Combined Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission'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. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should ML14007A219 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. Should the
Commission take 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. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR Part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the 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 set forth 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 requestor/
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 petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a
[[Page 6647]]
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, and the Commission has not made a final
determination on the issue of no significant hazards consideration, 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, then any hearing held would take place before
the issuance of any amendment.
All documents filed in NRC's 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 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 request (1) a digital identification (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 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 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 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
public 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 the NRC's 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
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's Web site
at http://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 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
[[Page 6648]]
electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, 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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day 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)-(iii).
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to
[email protected].
Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Nuclear Generating, Units 3 and 4, Miami-Dade County, Florida
Date of amendment request: June 28, 2012 (publicly available
version is in ADAMS at Accession No. ML12191A048), as supplemented by
letters dated September 19, 2012, March 18, 2013, April 16, 2013, and
May 15, 2013 (ADAMS Accession Nos. ML12278A106, ML13099A441,
ML13109A008, and ML13157A011, respectively).
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The licensee
requests NRC review and approval for adoption of a new fire protection
licensing basis for the Turkey Point Nuclear Generating, Units 3 and 4
(PTN, which is a licensee designation for the plant). The request was
submitted in accordance with the requirements in 10 CFR 50.48(a) and
(c), and the guidance in Regulatory Guide (RG) 1.205, Revision 1,
``Risk-Informed Performance-Based Fire Protection for Existing Light-
Water Nuclear Power Plants,'' dated December 2009 (ADAMS Accession No.
ML092730314). The licensee's request follows the Nuclear Energy
Institute (NEI) methodology in Revision 2 of NEI 04-02, ``Guidance for
Implementing a Risk-Informed, Performance-Based Fire Protection Program
under 10 CFR 50.48(c),'' dated April 2008 (ADAMS Accession No.
ML081130188). The request includes the methodology used to demonstrate
compliance with and transition to the National Fire Protection
Association (NFPA) 805, ``Performance-Based Standard for Fire
Protection for Light Water Reactor Electric Generating Plants,'' 2001
Edition. Copies of NFPA 805 may be purchased from the NFPA Customer
Service Department, 1 Batterymarch Park, P.O. Box 9101, Quincy,
Massachusetts 02269-9101 and in PDF format through the NFPA Online
Catalog (http://www.nfpa.org) or by calling 1-800-344-3555 or 617-770-
3000. Copies are also available for inspection at the NRC's Library,
Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852-
2738, and at the NRC's PDR, One White Flint North, Room O1-F15, 11555
Rockville Pike, Rockville, Maryland, 20852-2738.
Basis for proposed no significant hazards consideration
determination: 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 as follows:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Operation of PTN in accordance with the proposed amendment does
not increase the probability or consequences of accidents previously
evaluated. The Updated Final Safety Analysis Report (UFSAR)
documents the analyses of design basis accidents (DBAs) at PTN. The
proposed amendment does not adversely affect accident initiators nor
alter design assumptions, conditions, or configurations of the
facility and does not adversely affect the ability of structures,
systems, and components (SSCs) to perform their design function. The
SSCs required to safely shut down the reactor and to maintain it in
a safe shutdown (SSD) condition will remain capable of performing
their design functions.
The purpose of this amendment is to permit PTN to adopt a new
fire protection licensing basis which complies with the requirements
in 10 CFR 50.48(a) and (c) and the guidance of Regulatory Guide (RG)
1.205, Revision 1. The NRC considers that the NFPA 805 provides an
acceptable methodology and performance criteria for licensees to
identify fire protection systems and features that are an acceptable
alternative to the 10 CFR Part 50, Appendix R fire protection
features (69 FR 33536; June 16, 2004). Engineering analyses, in
accordance with NFPA 805, have been performed to demonstrate that
the risk-informed, performance-based (RI-PB) requirements per NFPA
805 have been met.
The NFPA 805, taken as a whole, provides an acceptable
alternative to 10 CFR 50.48(b) and satisfies 10 CFR 50.48(a) and
General Design Criterion 3 of Appendix A to 10 CFR Part 50 and meets
the underlying intent of the NRC's existing fire protection
regulations and guidance, achieves defense-in-depth (DID) and the
goals, performance objectives, and performance criteria specified in
Chapter 1 of the standard. The small increase in net change in core
damage frequency associated with this License Amendment Request
(LAR) submittal is consistent with the Commission's Safety Goal
Policy. Additionally, 10 CFR 50.48(c) allows self-approval of fire
protection program changes post-transition. If there are any
increases post-transition in core damage frequency or risk, the
increase will be small and consistent with the intent of the
Commission's Safety Goal Policy.
Based on this, the implementation of this amendment does not
significantly increase the probability of any accident previously
evaluated. Equipment required to mitigate an accident remains
capable of performing the assumed function.
Therefore, the consequences of any accident previously evaluated
are not significantly increased with the implementation of this
amendment.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
Operation of PTN in accordance with the proposed amendment does
not create the possibility of a new or different kind of accident
from any accident previously evaluated. Any scenario or previously
analyzed accident with offsite dose was included in the evaluation
of DBAs documented in the UFSAR. The proposed change does not alter
the requirements or function for systems required during accident
conditions. Implementation of the new fire protection licensing
basis which complies with the requirements in 10 CFR 50.48(a) and
(c) and the guidance of RG 1.205, Revision 1 will not result in new
or different accidents.
The proposed amendment does not adversely affect accident
initiators nor alter
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design assumptions, conditions, or configurations of the facility.
The proposed amendment does not adversely affect the ability of SSCs
to perform their design function. The SSCs required to safely shut
down the reactor and maintain it in a safe shutdown condition remain
capable of performing their design functions.
The purpose of this amendment is to permit PTN to adopt a new
fire protection licensing basis which complies with the requirements
in 10 CFR 50.48(a) and (c) and the guidance of RG 1.205, Revision 1.
The NRC considers that NFPA 805 provides an acceptable methodology
and performance criteria for licensees to identify fire protection
systems and features that are an acceptable alternative to the 10
CFR Part 50, Appendix R fire protection features (69 FR 33536; June
16, 2004).
The requirements in NFPA 805 address only fire protection and
the impacts of fire on the plant that have already been evaluated.
Based on this, the implementation of this amendment does not create
the possibility of a new or different kind of accident from any kind
of accident previously evaluated. The proposed changes do not
involve new failure mechanisms or malfunctions that can initiate a
new accident.
Therefore, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created with the implementation of this amendment.
3. Does the proposed amendment involve a significant reduction
in the margin of safety?
Response: No.
Operation of PTN in accordance with the proposed amendment does
not involve a significant reduction in the margin of safety. The
proposed amendment 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
affected by this change. The proposed amendment does not adversely
affect existing plant safety margins or the reliability of equipment
assumed to mitigate accidents in the UFSAR. The proposed amendment
does not adversely affect the ability of SSCs to perform their
design function. The SSCs required to safely shut down the reactor
and to maintain it in a safe shutdown condition remain capable of
performing their design function.
The purpose of this amendment is to permit PTN to adopt a new
fire protection licensing basis which complies with the requirements
in 10 CFR 50.48(a) and (c) and the guidance of RG 1.205, Revision 1.
The NRC considers that NFPA 805 provides an acceptable methodology
and performance criteria for licensees to identify fire protection
systems and features that are an acceptable alternative to the 10
CFR Part 50, Appendix R fire protection features (69 FR 33536; June
16, 2004). Engineering analyses, which may include engineering
evaluations, probabilistic safety assessments, and fire modeling
calculations, have been performed to demonstrate that the
performance-based methods do not result in a significant reduction
in the margin of safety.
Based on this, the implementation of this amendment does not
significantly reduce the margin of safety. The proposed changes are
evaluated to ensure that the risk and safety margins are kept within
acceptable limits.
Therefore, the transition does not involve a significant
reduction in the margin of safety.
The NFPA 805 continues to protect public health and safety and
the common defense and security because the overall approach of NFPA
805 is consistent with the key principles for evaluating license
basis changes, as described in RG 1.174, is consistent with the DID
philosophy, and maintains sufficient safety margins.
Margins previously established for the PTN program in accordance
with 10 CFR 50.48(b) and Appendix R to 10 CFR Part 50 are not
significantly reduced.
Therefore, this LAR does not result in a reduction in a margin
of safety.
The NRC staff 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.
Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light, 700 Universe Blvd., MS LAW/JB, Juno
Beach, Florida, 33408-0420.
NRC Branch Chief: Jessie F. Quichocho.
NextEra Energy Seabrook, LLC., Docket No. 50-443, Seabrook Station,
Unit 1, Rockingham County, New Hampshire
Date of amendment request: September 10, 2013. A publicly available
version is in ADAMS under Accession No. ML13260A160.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment will modify the Seabrook Technical Specifications (TSs).
Specifically, the proposed amendment will revise TS 6.8.1.6.b, ``Core
Operating Limits Report,'' by adding Areva Licensing Report ANP-3243P,
``Seabrook Station, Unit 1 Fixed Incore Detector System Analysis
Supplement to YAEC-1855PA,'' dated July 31, 2013 (a publicly available
version is in ADAMS under Accession No. ML13260A161), which supplements
and modifies the previously approved methodology. The proposed change
also modifies the surveillance requirements associated with the heat
flux hot channel factor and nuclear enthalpy rise hot channel factor to
include revised uncertainty values when measurement is obtained using
the fixed incore detector system (FIDS).
Basis for proposed no significant hazards consideration
determination: 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, along with the NRC's edits in
square brackets:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The FIDS is used for core surveillances to provide confirmatory
information on the neutron flux distribution of the core. This
system is not used for accident mitigation and does not provide any
automatic control functions or protective functions for the
operation of the plant.
As the proposed change does not involve any changes to the
physical equipment or operation of the system, there is no increase
in the probability of an accident previously evaluated.
The proposed Technical Specification (TS) change determines a
revised uncertainty value for the FQ [heat flux hot
channel factor] and F[Dgr]h [nuclear enthalpy rise hot
channel factor] TS surveillance parameters. ANP-3243P, ``Seabrook
Station Unit 1 Fixed Incore Detector System Analysis Supplement to
YAEC-1855PA,'' documents that these modifications yield results in
surveillance parameters that compare well to the original
methodology over the first 8 cycles. The report also documents that
the results of the uncertainty analysis using all 15 completed
cycles compared well to the results of the uncertainty analysis for
the original YAEC-1855PA methodology. The report concludes that the
revised FIDS analysis methodology remains comparable in accuracy and
functionality to the original YAEC-1855PA methodology and the
moveable incore detector system.
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 previously evaluated?
Response: No.
The operation of the facility in accordance with the proposed
amendment does not create the possibility of a new or different kind
of accident from any accident previously evaluated since the
proposed change will not affect plant safety analysis assumptions or
the physical design of the facility. The revised uncertainty applied
to the measured core peaking factors ensures the safety limits are
maintained; hence, no new failure mode is introduced.
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
the margin of safety?
Response: No.
Margin of safety is associated with confidence in the ability of
the fission product barriers (i.e., fuel cladding, reactor coolant
system pressure boundary, and containment structure) to limit the
level of radiation dose to the public. The proposed
[[Page 6650]]
changes to modify the FIDS methodology and provide revised
uncertainty values for the FQ and F[Dgr]h TS
surveillance parameters do not involve a significant change in the
method of plant operation, and no accident analyses will be affected
by the proposed changes. Additionally, the proposed changes will not
relax any criteria used to establish safety limits and will not
relax any safety system settings. The safety analysis acceptance
criteria are not affected by this change. The proposed change will
not result in plant operation in a configuration outside the design
basis. The proposed change does not adversely affect systems that
respond to safely shutdown the plant and to maintain the plant in a
safe shutdown condition.
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.
Attorney for licensee: Mr. James Petro, Managing Attorney, Florida
Power & Light Company, P.O. Box 14000, Juno Beach, Florida, 33408-0420.
Acting NRC Branch Chief: John G. Lamb.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Nuclear Generating, Units 3 and 4, Miami-Dade County, Florida;
NextEra Energy Seabrook, LLC., Docket No. 50-443, Seabrook Station,
Unit 1, Rockingham County, New Hampshire
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication of this notice will not
be considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. The expedited delivery or courier mail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike,
Rockville, Maryland 20852. The email address for the Office of the
Secretary and the Office of the General Counsel are
[email protected] and [email protected], respectively.\1\ The
request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by
[[Page 6651]]
the Commission of orders ruling on such NRC staff determinations
(whether granting or denying access) is governed by 10 CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 22nd day of January 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in This Proceeding
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Day Event/activity
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0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
requestor/petitioner to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2014-01597 Filed 2-3-14; 8:45 am]
BILLING CODE 7590-01-P