Text

Official Exhibit - NRC-007-00-BD01 - Florida Power & Light Company, Turkey Point Units 3 and 4: License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene, 79 Fed. Reg. 44,214 (July 30, 201
	ML16015A350
Person / Time
Site:	Turkey Point
Issue date:	07/30/2014
From:	; NRC/OGC
To:	; Atomic Safety and Licensing Board Panel
	SECY RAS
References
	RAS 28490, ASLBP 15-935-02-LA-BD01, 50-250-LA, 50-251-LA
	Download: ML16015A350 (4)
	v • d • e

United States Nuclear Regulatory Commission Official Hearing Exhibit NRC-007 In the Matter of: FLORIDA POWER & LIGHT COMPANY Submitted Nov. 10, 2015 44214 Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices ASLBP #:

Docket #:

(Turkey Point Nuclear Generating, Units 3 and 4)

Exhibit #:

Admitted:

Rejected:

Other:

Management Plan and PSDAR will not individual or cumulative public or Gallagher; telephone: 301-287-3422; 15-935-02-LA-BD01 adversely affect ZSs ability to occupational radiation exposure; no email: Carol.Gallagher@nrc.gov.

physically secure the site or protect significant construction impact; and no

Mail Comments to: Cindy Bladey, special nuclear material. Security plan significant increase in the potential for Office of Administration, Mail Stop: 05000250 & 05000251 NRC-007-00-BD01 Identified: 1/4/2016 changes to accommodate the movement or consequences from radiological 3WFN-06-A44M, U.S. Nuclear of the irradiated fuel to the ISFSI were accidents. These exemptions are Regulatory Commission, Washington, 1/4/2016 Withdrawn:

approved by the NRC on December 12, effective upon issuance. DC 20555-0001.

2013, (ADAMS ML13310C058) Dated at Rockville, Maryland, this 21st day For additional direction on obtaining Stricken:

consistent with the Irradiated Fuel of July 2014. information and submitting comments, Management Plan and PSDAR. For the Nuclear Regulatory Commission. see Obtaining Information and Therefore, the proposed exemptions are Submitting Comments in the Andrew Persinko, consistent with the common defense SUPPLEMENTARY INFORMATION section of and security. Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, this document.

The NRC staff finds that the proposed Division of Waste Management and FOR FURTHER INFORMATION CONTACT:

exemptions would confirm the Environmental Protection, Office of Federal availability for use of the nuclear Audrey Klett, Office of Nuclear Reactor and State Materials and Environmental Regulation, U.S. Nuclear Regulatory decommissioning trust funds for Management Programs.

irradiated fuel management activities in Commission, Washington, DC 20555-

[FR Doc. 2014-17969 Filed 7-29-14; 8:45 am] 0001; telephone: 301-415-0489, email:

accordance with the ZNPS updated Irradiated Fuel Management Plan BILLING CODE 7590-01-P Audrey.Klett@nrc.gov.

required by 10 CFR 50.54(bb) as well as SUPPLEMENTARY INFORMATION:

the PSDAR. The NRC staff finds that NUCLEAR REGULATORY I. Obtaining Information and there is reasonable assurance that COMMISSION Submitting Comments adequate funds are available in the nuclear decommissioning trusts to [Docket Nos. 50-250 and 50-251; NRC- A. Obtaining Information complete all activities associated with 2014-0176]

Please refer to Docket ID NRC-2014-license termination and irradiated fuel 0176 when contacting the NRC about management. There is no decrease in Florida Power & Light Company; Turkey Point Nuclear Generating Units the availability of information for this safety associated with the nuclear 3 and 4 action. You may obtain publicly-decommissioning trusts being used to available information related to this fund activities associated with AGENCY: Nuclear Regulatory action by any of the following methods:

irradiated fuel management. Commission.

These conclusions are discussed

Federal Rulemaking Web site: Go to ACTION: License amendment application; http://www.regulations.gov and search further in the staffs SER. (ADAMS Accession No. ML14030A602). opportunity to comment, request a for Docket ID NRC-2014-0176.

hearing, and petition for leave to

NRCs Agencywide Documents 4.0 Conclusion intervene. Access and Management System Accordingly, the Commission has (ADAMS): You may obtain publicly-

SUMMARY

The U.S. Nuclear Regulatory available documents online in the determined that, pursuant to 10 CFR Commission (NRC) is considering ADAMS Public Documents collection at 50.12, an exemption is authorized by issuance of amendments to Renewed http://www.nrc.gov/reading-rm/

law, will not present an undue risk to Facility Operating License Nos. DPR-31 adams.html. To begin the search, select the public health and safety, is and DPR-41 issued to Florida Power & ADAMS Public Documents and then consistent with the common defense Light Company (the licensee) for select Begin Web-based ADAMS and security, and that special operation of Turkey Point Nuclear Search. For problems with ADAMS, circumstances are present. Therefore, Generating Units 3 and 4 (Turkey Point). please contact the NRCs Public the Commission hereby grants Zion The proposed amendments would Document Room (PDR) reference staff at Solutions an exemption from the revise the ultimate heat sink (UHS) 1-800-397-4209, 301-415-4737, or by requirements of 10 CFR 50.82(a)(8)(i)(A) water temperature limit in the Turkey email to pdr.resource@nrc.gov. The to authorize ZS to use nuclear Point Technical Specifications (TSs). licensees application dated July 10, decommissioning trust funds to manage Specifically, the proposed amendments 2014, as supplemented by letter dated irradiated fuel in accordance with the would increase the UHS temperature July 17, 2014, and the two letters dated updated Irradiated Fuel Management limit and add a surveillance July 22, 2014, are available in ADAMS Plan and PSDAR.

Pursuant to 10 CFR 51.22(c)(25), the requirement to monitor the UHS under Accession Nos. ML14196A006, Commission has determined the temperature more frequently if the UHS ML14202A392, ML14204A368, and granting of this exemption is temperature approaches the new limit. ML14204A367, respectively.

categorically excluded, and pursuant to DATES: Submit comments by August 13,

NRCs PDR: You may examine and 10 CFR 51.22(b), no environmental 2014. Requests for a hearing or petition purchase copies of public documents at impact statement or environmental for leave to intervene must be filed by the NRCs PDR, Room O1-F21, One assessment need be prepared. The September 29, 2014. White Flint North, 11555 Rockville exemption involves surety ADDRESSES: You may submit comments Pike, Rockville, Maryland 20852.

mstockstill on DSK4VPTVN1PROD with NOTICES requirements, as described in 10 CFR by any of the following methods (unless 51.22(c)(25)(vi)(H). Approval of this B. Submitting Comments this document describes a different exemption request involves no method for submitting comments on a Please include Docket ID NRC-2014-significant hazards consideration; no specific subject): 0176 in the subject line of your significant change in the types or

Federal Rulemaking Web site: Go to comment submission, in order to ensure significant increase in the amounts of http://www.regulations.gov and search that the NRC is able to make your any effluents that may be released for Docket ID NRC-2014-0176. Address comment submission available to the offsite; no significant increase in questions about NRC dockets to Carol public in this docket.

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Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices 44215 The NRC cautions you not to include Atomic Energy Act of 1954, as amended maintained at the increased UHS temperature identifying or contact information in (the Act), and NRCs regulations. limit. Therefore, the proposed change will comment submissions that you do not The NRC staff determined that not create the possibility of a new or different although the licensee requested that the kind of accident from any previously want to be publicly disclosed in your evaluated.

comment submission. The NRC will NRC process the license amendment

3. Does the proposed change involve a post all comment submissions at requests under emergency significant reduction in a margin of safety?

http://www.regulations.gov as well as circumstances, there was sufficient time Response: No.

enter the comment submissions into to publish a prior notice and The increase in UHS temperature will not ADAMS, and the NRC does not opportunity for a hearing or public adversely affect design basis accident routinely edit comment submissions to comment. Therefore, the NRC staff mitigation equipment performance. It was remove identifying or contact determined that the provisions of 10 determined that adequate margin exists in information. CFR 50.91(a)(6) are applicable for the CCW [component cooling water] system processing the licensees request under such that post-accident CCW system supply If you are requesting or aggregating and return temperatures would remain as comments from other persons for exigent circumstances. Pursuant to 10 currently analyzed in the containment submission to the NRC, then you should CFR 50.91(a)(6), for amendments to be integrity analyses such that the peak inform those persons not to include granted under exigent circumstances, containment pressure is not altered by the identifying or contact information that the NRC has made a proposed proposed TS change. The technical they do not want to be publicly determination that the license evaluation confirmed that adequate CCW disclosed in their comment submission. amendment request involves no design margin would remain under the Your request should state that the NRC significant hazards consideration. Under proposed operating conditions to allow a does not routinely edit comment the NRCs regulations in 10 CFR 50.92, reasonable degree of equipment degradation this means that operation of the facility to occur while demonstrating that the submissions to remove such information affected safety related components could before making the comment in accordance with the proposed continuously perform their design function submissions available to the public or amendment would not (1) involve a as currently analyzed. Therefore, the entering the comment into ADAMS. significant increase in the probability or proposed change does not involve a consequences of an accident previously significant reduction in the margin of safety.

II. Introduction evaluated; or (2) create the possibility of The NRC is considering issuance of a new or different kind of accident from The NRC staff has reviewed the amendments to Renewed Facility any accident previously evaluated; or licensees analysis and, based on this Operating License Nos. DPR-31 and (3) involve a significant reduction in a review, it appears that the three DPR-41, issued to Florida Power & margin of safety. As required by 10 CFR standards of 10 CFR 50.92(c) are Light Company, for operation of the 50.91(a), the licensee has provided its satisfied. Therefore, the NRC staff Turkey Point Nuclear Generating Unit analysis of the issue of no significant proposes to determine that the license Nos. 3 and 4, located in Miami-Dade hazards consideration, which is amendment request involves no County, Florida. presented below: significant hazards consideration.

The proposed amendments would 1. Does the proposed change involve a The NRC is seeking public comments revise the UHS water temperature limit significant increase in the probability or on this proposed determination that the in the Turkey Point TSs. Specifically, consequences of an accident previously license amendment request involves no the proposed amendments would evaluated? significant hazards consideration. Any increase the UHS temperature limit and Response: No. comments received within 14 days after The ultimate heat sink (UHS) is not an the date of publication of this notice add a surveillance requirement to accident initiator. An increase in UHS monitor the UHS temperature more temperature will not increase the probability will be considered in making any final frequently if the UHS temperature of occurrence of an accident. The proposed determination.

approaches the new limit. change will allow plant operation with a Normally, the Commission will not In its letters dated July 10, and July UHS temperature less than or equal to 104 °F. issue the amendment until the 17, 2014, the licensee stated that the Maintaining UHS temperature less than or expiration of 60 days after the date of UHS temperature has approached the equal to 104 °F ensures that accident publication of this notice. The mitigation equipment will continue to current TS limit. The licensee stated Commission may issue the license perform its required function, thereby that the UHS temperature has been ensuring the consequences of accidents amendment before expiration of the 60-trending higher than historical averages previously evaluated are not increased. day notice period if the Commission in part because of reduced water levels Therefore, the proposed change does not concludes the amendment involves no caused by unseasonably dry weather involve a significant increase in the significant hazards consideration. In and because of reduced cooling probability or consequences of an accident addition, the Commission may issue the efficiency caused by an algae bloom of previously evaluated. amendment prior to the expiration of concentrations higher than previously 2. Does the proposed change create the the 14-day comment period should possibility of a new or different kind of observed. The licensee requested a circumstances change during the 14-day accident from any accident previously timely review of its application to avoid evaluated? comment period such that failure to act a dual unit shutdown that could affect Response: No. in a timely way would result, for grid reliability. Therefore, the licensee The proposed change will not install any example, in derating or shutdown of the requested that the NRC process the new or different equipment or modify facility. Should the Commission take license amendment requests under equipment in the plant. The proposed change mstockstill on DSK4VPTVN1PROD with NOTICES action prior to the expiration of either emergency circumstances in accordance will not alter the operation or function of the comment period or the notice with paragraph 50.91(a)(5) of Title 10 of structures, systems or components. The period, it will publish in the Federal the Code of Federal Regulations (10 response of the plant and the operators following a design basis accident is Register a notice of issuance. Should the CFR). unaffected by this change. The proposed Commission make a final no significant Before any issuance of the proposed change does not introduce any new failure hazards consideration determination, license amendment, the NRC will need modes and the design basis heat removal any hearing will take place after to make the findings required by the capability of the safety related components is issuance. The Commission expects that VerDate Mar<15>2010 16:48 Jul 29, 2014 Jkt 232001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1

44216 Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices the need to take this action will occur opinion that support the contention and held would take place after issuance of very infrequently. on which the requestor/petitioner the amendment. If the final intends to rely at the hearing, together determination is that the amendment III. Opportunity To Request a Hearing with references to those specific sources request involves a significant hazards and Petition for Leave To Intervene and documents. The hearing request or consideration, then any hearing held Within 60 days after the date of petition must provide sufficient would take place before the issuance of publication of this Federal Register information to show that a genuine any amendment.

notice, any person whose interest may dispute exists with the applicant on a be affected by this proceeding and who IV. Electronic Submissions (E-Filing) material issue of law or fact, including desires to participate as a party in the references to specific portions of the All documents filed in NRC proceeding must file a written request application for amendment that the adjudicatory proceedings, including a for hearing or a petition for leave to petitioner disputes and the supporting request for hearing, a petition for leave intervene specifying the contentions reasons for each dispute. If the to intervene, any motion or other which the person seeks to have litigated requestor/petitioner believes that the document filed in the proceeding prior in the hearing with respect to the application for amendment fails to to the submission of a request for license amendment request. Requests contain information on a relevant matter hearing or petition to intervene, and for hearing and petitions for leave to as required by law, the requestor/ documents filed by interested intervene shall be filed in accordance petitioner must identify each failure and governmental entities participating with the NRCs Agency Rules of the supporting reasons for the under 10 CFR 2.315(c), must be filed in Practice and Procedure in 10 CFR Part requestors/petitioners belief. Each accordance with the NRCs E-Filing rule

2. Interested person(s) should consult a contention must be one which, if (72 FR 49139; August 28, 2007). The E-current copy of 10 CFR 2.309, which is proven, would entitle the requestor/ Filing process requires participants to available at the NRCs PDR. The NRCs petitioner to relief. A requestor/ submit and serve all adjudicatory regulations are accessible electronically petitioner who does not satisfy these documents over the internet, or in some from the NRC Library on the NRCs Web requirements for at least one contention cases to mail copies on electronic site at http://www.nrc.gov/reading-rm/ will not be permitted to participate as a storage media. Participants may not doc-collections/cfr/. party. submit paper copies of their filings As required by 10 CFR 2.309, a Those permitted to intervene become unless they seek an exemption in request for hearing or petition for leave parties to the proceeding, subject to any accordance with the procedures to intervene must set forth with limitations in the order granting leave to described below.

particularity the interest of the intervene, and have the opportunity to To comply with the procedural petitioner in the proceeding and how participate fully in the conduct of the requirements of E-Filing, at least ten 10 that interest may be affected by the hearing with respect to resolution of days prior to the filing deadline, the results of the proceeding. The hearing that persons admitted contentions, participant should contact the Office of request or petition must specifically including the opportunity to present the Secretary by email at explain the reasons why intervention evidence and to submit a cross- hearing.docket@nrc.gov, or by telephone should be permitted, with particular examination plan for cross-examination at 301-415-1677, to request (1) a digital reference to the following general of witnesses, consistent with NRC identification (ID) certificate, which requirements: (1) The name, address, regulations, policies, and procedures. allows the participant (or its counsel or and telephone number of the requestor The Atomic Safety and Licensing Board representative) to digitally sign or petitioner; (2) the nature of the will set the time and place for any documents and access the E-Submittal requestors/petitioners right under the prehearing conferences and evidentiary server for any proceeding in which it is Act to be made a party to the hearings, and the appropriate notices participating; and (2) advise the proceeding; (3) the nature and extent of will be provided. Secretary that the participant will be the requestors/petitioners property, Hearing requests or petitions for leave submitting a request or petition for financial, or other interest in the to intervene must be filed no later than hearing (even in instances in which the proceeding; and (4) the possible effect of 60 days from the date of publication of participant, or its counsel or any decision or order which may be this notice. Requests for hearing, representative, already holds an NRC-entered in the proceeding on the petitions for leave to intervene, and issued digital ID certificate). Based upon requestors/petitioners interest. The motions for leave to file new or this information, the Secretary will hearing request or petition must also amended contentions that are filed after establish an electronic docket for the include the specific contentions that the the 60-day deadline will not be hearing in this proceeding if the requestor/petitioner seeks to have entertained absent a determination by Secretary has not already established an litigated at the proceeding. the presiding officer that the filing electronic docket.

For each contention, the requestor/ demonstrates good cause by satisfying Information about applying for a petitioner must provide a specific the three factors in 10 CFR digital ID certificate is available on the statement of the issue of law or fact to 2.309(c)(1)(i)-(iii). NRCs public Web site at http://

be raised or controverted, as well as a If a hearing is requested, the www.nrc.gov/site-help/e-submittals/

brief explanation of the basis for the Commission will make a final getting-started.html. System contention. Additionally, the requestor/ determination on the issue of no requirements for accessing the E-petitioner must demonstrate that the significant hazards consideration. The Submittal server are detailed in the mstockstill on DSK4VPTVN1PROD with NOTICES issue raised by each contention is final determination will serve to decide NRCs Guidance for Electronic within the scope of the proceeding and when the hearing is held. If the final Submission, which is available on the is material to the findings that the NRC determination is that the amendment agencys public Web site at http://

must make to support the granting of a request involves no significant hazards www.nrc.gov/site-help/e-license amendment in response to the consideration, the Commission may submittals.html. Participants may application. The hearing request or issue the amendment and make it attempt to use other software not listed petition must also include a concise immediately effective, notwithstanding on the Web site, but should note that the statement of the alleged facts or expert the request for a hearing. Any hearing NRCs E-Filing system does not support VerDate Mar<15>2010 16:48 Jul 29, 2014 Jkt 232001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1

Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices 44217 unlisted software, and the NRC Meta Time, Monday through Friday, Florida Power & Light Company, 700 System Help Desk will not be able to excluding government holidays. Universe Blvd. MS LAW/JB, Juno offer assistance in using unlisted Participants who believe that they Beach, Florida 33408-0420.

software. have a good cause for not submitting NRC Acting Branch Chief: Lisa M.

If a participant is electronically documents electronically must file an Regner.

submitting a document to the NRC in exemption request, in accordance with Dated at Rockville, Maryland, this 24th day accordance with the E-Filing rule, the 10 CFR 2.302(g), with their initial paper of July 2014.

participant must file the document filing requesting authorization to For the Nuclear Regulatory Commission.

using the NRCs online, Web-based continue to submit documents in paper Audrey L. Klett, submission form. In order to serve format. Such filings must be submitted by: (1) First class mail addressed to the Project Manager, Plant Licensing Branch II-documents through the Electronic 2, Division of Operating Reactor Licensing, Information Exchange System, users Office of the Secretary of the Office of Nuclear Reactor Regulation.

will be required to install a Web Commission, U.S. Nuclear Regulatory

[FR Doc. 2014-17946 Filed 7-28-14; 11:15 am]

browser plug-in from the NRCs Web Commission, Washington, DC 20555-0001, Attention: Rulemaking and BILLING CODE 7590-01-P site. Further information on the Web-based submission form, including the Adjudications Staff; or (2) courier, installation of the Web browser plug-in, express mail, or expedited delivery service to the Office of the Secretary, POSTAL REGULATORY COMMISSION is available on the NRCs public Web site at http://www.nrc.gov/site-help/e- Sixteenth Floor, One White Flint North, [Docket Nos. MC2014-36 and CP2014-62; submittals.html. 11555 Rockville Pike, Rockville, Order No. 2132]

Once a participant has obtained a Maryland 20852, Attention: Rulemaking digital ID certificate and a docket has and Adjudications Staff. Participants New Postal Product been created, the participant can then filing a document in this manner are responsible for serving the document on AGENCY: Postal Regulatory Commission.

submit a request for hearing or petition ACTION: Notice.

all other participants. Filing is for leave to intervene. Submissions considered complete by first-class mail should be in Portable Document Format

SUMMARY

The Commission is noticing a as of the time of deposit in the mail, or (PDF) in accordance with NRC guidance recent Postal Service filing concerning by courier, express mail, or expedited available on the NRCs public Web site an addition of Priority Mail Contract 87 delivery service upon depositing the at http://www.nrc.gov/site-help/e- to the competitive product list. This document with the provider of the submittals.html. A filing is considered notice informs the public of the filing, service. A presiding officer, having complete at the time the documents are invites public comment, and takes other granted an exemption request from submitted through the NRCs E-Filing administrative steps.

using E-Filing, may require a participant system. To be timely, an electronic DATES: Comments are due: July 31, or party to use E-Filing if the presiding filing must be submitted to the E-Filing officer subsequently determines that the 2014.

system no later than 11:59 p.m. Eastern reason for granting the exemption from Time on the due date. Upon receipt of ADDRESSES: Submit comments use of E-Filing no longer exists. electronically via the Commissions a transmission, the E-Filing system Documents submitted in adjudicatory time-stamps the document and sends Filing Online system at http://

proceedings will appear in the NRCs www.prc.gov. Those who cannot submit the submitter an email notice electronic hearing docket which is confirming receipt of the document. The comments electronically should contact available to the public at http:// the person identified in the FOR FURTHER E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded notice that provides access to the INFORMATION CONTACT section by pursuant to an order of the Commission, telephone for advice on filing document to the NRCs Office of the or the presiding officer. Participants are General Counsel and any others who alternatives.

requested not to include personal have advised the Office of the Secretary privacy information, such as social FOR FURTHER INFORMATION CONTACT:

that they wish to participate in the security numbers, home addresses, or David A. Trissell, General Counsel, at proceeding, so that the filer need not home phone numbers in their filings, 202-789-6820.

serve the documents on those unless an NRC regulation or other law SUPPLEMENTARY INFORMATION:

participants separately. Therefore, requires submission of such applicants and other participants (or information. However, a request to Table of Contents their counsel or representative) must intervene will require including I. Introduction apply for and receive a digital ID information on local residence in order II. Notice of Commission Action certificate before a hearing request/ to demonstrate a proximity assertion of III. Ordering Paragraphs petition to intervene is filed so that they interest in the proceeding. With respect I. Introduction can obtain access to the document via to copyrighted works, except for limited the E-Filing system. excerpts that serve the purpose of the In accordance with 39 U.S.C. 3642 A person filing electronically using adjudicatory filings and would and 39 CFR 3020.30 et seq., the Postal the NRCs adjudicatory E-Filing system constitute a Fair Use application, Service filed a formal request and may seek assistance by contacting the participants are requested not to include associated supporting information to NRC Meta System Help Desk through copyrighted materials in their add Priority Mail Contract 87 to the competitive product list.1 mstockstill on DSK4VPTVN1PROD with NOTICES the Contact Us link located on the submission.

NRCs public Web site at http:// For further details with respect to this The Postal Service www.nrc.gov/site-help/e- action, see the application for license contemporaneously filed a redacted submittals.html, by email to amendment dated July 10, 2014, as 1 Request of the United States Postal Service to MSHD.Resource@nrc.gov, or by a toll- supplemented on July 17, and July 22, Add Priority Mail Contract 87 to Competitive free call at 1-866-672-7640. The NRC 2014. Product List and Notice of Filing (Under Seal) of Meta System Help Desk is available Attorney for licensee: William S. Unredacted Governors Decision, Contract, and between 8 a.m. and 8 p.m., Eastern Blair, Managing AttorneyNuclear, Supporting Data, July 23, 2014 (Request).

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