[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Pages 13384-13386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04529]



[NRC-2013-0040; Docket Nos. 50-334 and 50-412; License Nos. DPR-66 and 
NPF-73; EA-12-254]

In the Matter of FirstEnergy Nuclear Operating Co. (Beaver Valley 
Units 1 and 2); Confirmatory Order Modifying License


    FirstEnergy Nuclear Operating Company (FENOC, the licensee) is the 
holder of Renewed Facility Operating License Nos. DPR-66 and NPF-73 
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 November 5, 
2009. The licenses authorize the operation of the Beaver Valley Power 
Station, Units 1 and 2 (Beaver Valley, facility), in accordance with 
conditions specified therein. The facility is located on the licensee's 
site in Shippingport, Pennsylvania.


    On December 22, 2005, FENOC notified the NRC of its intent to 
transition the facility to the National Fire Protection Association 
(NFPA) Standard 805 fire protection program in accordance with 10 CFR 
50.48(c). Under this initiative, the NRC has exercised enforcement 
discretion for most fire protection noncompliances that are identified 
during the licensee's transition to NFPA 805, and for certain existing 
identified noncompliances that reasonably may be resolved at the 
completion of transition. NFPA 805 was adopted in 10 CFR 50.48(c) as an 
alternative fire protection rule, which is one path to resolving 
longstanding fire protection issues. To receive enforcement discretion 
for these noncompliances, the licensee must meet the specific criteria, 
as stated in Section 9.1, ``Enforcement Discretion for Certain Fire 
Protection Issues (10 CFR 50.48),'' of the ``NRC Enforcement Policy,'' 
dated June 7, 2012, and submit an acceptable license amendment 
application by the date, as specified in the licensee's commitment 
letter. In a letter dated June 29, 2011, FENOC committed to submit 
their license amendment application by September 30, 2012.


    In a public meeting held on August 1, 2012, between the NRC and 
FENOC, the licensee described its progress for transitioning Beaver 
Valley to NFPA 805. FENOC also notified the NRC that the development of 
a high-quality application will require more time than originally 
anticipated and that they will be unable to meet their previously 
committed submittal date of September 30, 2012. FENOC expressed a 
desire to continue enforcement discretion, and a willingness to commit 
to the new submittal date.
    In a letter dated August 29, 2012, FENOC reiterated the current 
transition strategy for Beaver Valley, and notified the NRC that FENOC 
will submit its license amendment request (LAR) no

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later than December 31, 2013. The newly proposed submittal date is 
beyond the previously committed submittal date and, thus, exceeds 
FENOC's enforcement discretion (i.e., until September 30, 2012) that 
was granted to FENOC for certain fire protection noncompliances. 
However, if provided with adequate justification, the NRC may revise 
the submittal date through the use of an Order that would continue the 
enforcement discretion provided in Section 9.1 of the Enforcement 
    By letter dated October 18, 2012, the NRC requested that FENOC 
provide additional justification for the proposed submittal date. This 
requested information was further discussed with FENOC in a public 
teleconference that was held on October 18, 2012. FENOC provided the 
requested supplemental information in a letter dated November 2, 2012, 
as discussed more fully below.
    The staff reviewed and evaluated the Beaver Valley NFPA 805 
transition progress and milestones, as described in the licensee's 
submittals dated August 29, 2012, and November 2, 2012. In its review 
and evaluation, the staff considered the key transition activities 
discussed by FENOC, as they relate to Classical Fire Protection, 
Nuclear Safety Capability Assessment, Probabilistic Risk Assessment, 
and Non-Power Operations, as well as the licensee's parallel efforts to 
address identified fire protection non-compliances to reduce fire risk, 
ahead of the staff's review of an NFPA 805 LAR. Based on the licensee's 
current status, scheduled key activities, and planned modifications, 
the NRC staff has determined that the licensee has provided adequate 
justification for revising the LAR submittal date. Therefore, the NRC 
has determined that the date for submitting an acceptable NFPA 805 LAR 
should be extended. This Order is being issued to revise the original 
Beaver Valley LAR submittal date of September 30, 2012, to December 31, 
2013. The new submittal date supports FENOC's continued progress in 
activities related to the transition to NFPA 805, as described in the 
letter dated August 29, 2012.
    FENOC may, at any time, cease its transition to NFPA 805 and comply 
with Beaver Valley's existing licensing basis and the regulations set 
forth in 10 CFR 50.48, as applicable. As indicated in the Enforcement 
Policy, if FENOC decides not to complete the transition to 10 CFR 
50.48(c), it must submit a letter stating its intent to retain its 
existing licensing basis and withdrawing its letter of intent to comply 
with 10 CFR 50.48(c). If FENOC fails to meet the new LAR submittal date 
and fails to comply with its existing licensing basis, the NRC will 
take appropriate enforcement action, consistent with its Enforcement 
    On February 13, 2013, FENOC consented to issuing this Order, as 
described in Section V below. FENOC further agreed that this Order will 
be effective upon issuance and that it has waived its rights to a 


    Based on the licensee's current status, scheduled key activities, 
and planned modifications, the NRC has determined that the licensee has 
provided adequate justification for its commitment given in Section V, 
and, thus, for the extension of enforcement discretion. Because the 
licensee will continue to perform modifications to reduce current fire 
risk in parallel with the development of its NFPA 805 LAR, the staff 
finds this acceptable to ensure public health and safety. Based on the 
above and FENOC's consent, this Order is effective upon issuance.


    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's regulations in 10 CFR 2.202, ``Orders,'' it is hereby 
ordered that license nos. DPR-66 AND NPF-73 are modified as follows:
    A. FENOC will submit an acceptable license amendment request for 
Beaver Valley Power Station, Units 1 and 2, to adopt NFPA Standard 805 
by no later than December 31, 2013.
    B. FENOC will continue to receive enforcement discretion until 
December 31, 2013. If the NRC finds that the LAR is not acceptable, the 
NRC will take steps consistent with the Enforcement Policy.
    The Director of the Office of Enforcement, in consultation with the 
Director of the Office of Nuclear Reactor Regulation, may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
licensee of good cause.


    In accordance with 10 CFR 2.202, the licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days from the date of this Order. In addition, any 
other person adversely affected by this Order may 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 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 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 hearing.docket@nrc.gov, 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 
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 agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 

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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 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 thorough the ``Contact Us'' link located on the NRC's Web 
site at http://www.nrc/gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, 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 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, MD 
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 using 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 the 
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, 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 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 V 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 V shall be final when the extension expires if a 
hearing request has not been received.

    For the Nuclear Regulatory Commission

    Dated at Rockville, Maryland this 20th of February 2013.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-04529 Filed 2-26-13; 8:45 am]