Text

Monthly (28-day) Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 22, 2022
	ML22061A045
Person / Time
Issue date:	03/10/2022
From:	Bo Pham; Division of Operating Reactor Licensing
To:	;
	Entz K
References
	87 FR 16249; March 22, 2022, NRC-2022-0065
	Download: ML22061A045 (19)
	v • d • e

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2022-0065]

Monthly Notice Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations AGENCY: Nuclear Regulatory Commission.

ACTION: Monthly notice

SUMMARY

Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular monthly 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 (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This monthly notice includes all amendments issued, or proposed to be issued, from February 4, 2022, to March 3, 2022. The last monthly notice was published on February 22, 2022.

DATES: Comments must be filed by April 21, 2022. A request for a hearing or petitions for leave to intervene must be filed by May 23, 2022.

ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:

Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0065. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.

Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.

For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kathleen Entz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-2464, email: Kathleen.Entz@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2022-0065, facility name, unit number(s), docket number(s), application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0065.

NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public 2

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.

NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2022-0065, facility name, unit number(s), docket number(s), application date, and subject, in your comment submission.

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 will post all comment submissions at https://www.regulations.gov as well as enter 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 3

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 into ADAMS.

II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination For the facility-specific amendment requests shown in this notice, the Commission finds that the licensees analyses provided, consistent with section 50.91 of title 10 of the Code of Federal Regulations (10 CFR), are sufficient to support the proposed determinations that these amendment requests involve NSHC. Under the Commissions regulations in 10 CFR 50.92, operation of the facilities in accordance with the proposed amendments 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 Commission is seeking public comments on these proposed determinations.

Any comments received within 30 days after the date of publication of this notice will be considered in making any final determinations.

Normally, the Commission will not issue the amendments until the expiration of 60 days after the date of publication of this notice. The Commission may issue any of these license amendments before expiration of the 60-day period provided that its final determination is that the amendment involves NSHC. In addition, the Commission may issue any of these amendments prior to the expiration of the 30-day comment period if 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. If the 4

Commission takes action on any of these amendments prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final NSHC determination for any of these amendments, any hearing will take place after issuance. The Commission expects that the need to take action on any amendment before 60 days have elapsed will occur very infrequently.

A. Opportunity to Request a Hearing and Petition for Leave to Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by any of these actions may file a request for a hearing and petition for leave to intervene (petition) with respect to that action. Petitions shall be filed in accordance with the Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRCs regulations are accessible electronically from the NRC Library on the NRCs website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.

As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) the name, address, and telephone number of the petitioner; (2) the nature of the petitioners right to be made a party to the proceeding; (3) the nature and extent of the petitioners 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 petitioners interest.

In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions that the petitioner seeks to have litigated in the proceeding. Each contention 5

must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion that support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one that, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) 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. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that partys admitted contentions, including the opportunity to present evidence, consistent with the NRCs regulations, policies, and procedures.

Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the 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) through (iii). The petition must be filed in accordance with the filing instructions in the Electronic Submissions (E-Filing) section of this document.

If a hearing is requested, and the Commission has not made a final determination on the issue of NSHC, the Commission will make a final determination on 6

the issue of NSHC. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves NSHC, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing 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 the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

A State, local governmental body, Federally recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioners interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the Electronic Submissions (E-Filing) section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries.

Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

If a petition is submitted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written 7

statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including documents filed by an interested State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method, as discussed in this notice, is granted. Detailed guidance on electronic submissions is located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html.

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 (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (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 8

docket for the proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRCs public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on submissions is available on the NRCs public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRCs 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 timestamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email that provides access to the document to the NRCs 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 adjudicatory documents are filed to obtain access to the documents via the E-Filing system.

A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m.,

Eastern Time, Monday through Friday, excluding government holidays.

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Participants who believe that they have 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 stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-issued digital ID certificate as previously described, click cancel when the link requests certificates and you will be automatically directed to the NRCs electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses, or personal 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 should not include copyrighted materials in their submission.

The following table provides the plant name, docket number, date of application, ADAMS accession number, and location in the application of the licensees proposed NSHC determinations. For further details with respect to these license amendment applications, see the applications for amendment, which are available for public 10

inspection in ADAMS. For additional direction on accessing information related to this document, see the Obtaining Information and Submitting Comments section of this document.

License Amendment Request(s)

Omaha Public Power District; Fort Calhoun Station Unit, No. 1; Washington County, NE Docket No(s). 50-285 August 3, 2021, as supplemented by letter dated Application date January 13, 2022 ADAMS Accession No. ML21271A178 (Package), ML22034A559 Location in Application of NSHC Enclosure 1 - pages 11-13 The proposed amendment would approve the License Termination Plan (LTP) and add a Brief Description of Amendment(s) license condition that establishes the criteria for determining when changes to the LTP require prior NRC approval.

Proposed Determination NSHC Stephen M. Bruckner, Attorney, Fraser Stryker Name of Attorney for Licensee, PC LLO, 500 Energy Plaza, 409 South 17th Mailing Address Street, Omaha, NE 68102 NRC Project Manager, Telephone Jack Parrott, 301-415-6634 Number Constellation Energy Generation, LLC; Braidwood Station, Unit 2; Will County, IL Docket No(s). 50-456, 50-457 Application date December 9, 2021 ADAMS Accession No. ML21343A427 Location in Application of NSHC Attachment 1, Pages 6-8 The proposed amendment revises the Renewed Facility Operating License (RFOL) for Braidwood Station, Unit 2, to remove License Condition 2.C.(12)(d). The license condition, which requires repair of reactor head closure stud hole location No. 35, is no longer applicable because Brief Description of Amendment(s) the Pressure Temperature and Limits Curves have been updated for the Period of Extended Operations. The RFOL for Braidwood Station, Unit 1, amendment number is incremented to keep Unit 1 and Unit 2 amendment numbers the same. No other changes are proposed for Unit 1.

Proposed Determination NSHC 11

Tamra Domeyer Associate General Counsel Name of Attorney for Licensee, Constellation Energy Generation, LLC 4300 Mailing Address Winfield Road Warrenville, IL 60565 NRC Project Manager, Telephone Joel Wiebe, 301-415-6606 Number Duke Energy Florida, LLC; Crystal River Unit 3 Nuclear Generating Station; Citrus County, FL Docket No(s). 50-302 Application date January 26, 2022 ADAMS Accession No. ML22026A433 Location in Application of NSHC Enclosure - page 3 The proposed amendment would remove Appendix B, Environmental Protection Plan (Non-Radiological) Technical Specifications from the Crystal River Unit 3 (CR3) Operating License.

Brief Description of Amendment(s) Some of the requirements are duplicated in the plant compliance procedure and others are no longer needed as CR3 has permanently ceased operation eliminating those non-radiological environmental effects.

Proposed Determination NSHC Gregory Di Carlo, Vice President / General Name of Attorney for Licensee, Counsel, NorthStar Group Services, Inc., 2760 Mailing Address South Falkenburg Rd., Riverview, FL 33578 NRC Project Manager, Telephone Jack Parrott, 301-415-6634 Number Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power Station, Unit No. 1; Ottawa County, OH Docket No(s). 50-346 Application date January 3, 2022 ADAMS Accession No. ML22003A147 Location in Application of NSHC Enclosure - pages 7-8 The amendment would change the design basis for the facility to allow laminar concrete cracking Brief Description of Amendment(s) of a limited width in the outer reinforcement layer of the shield building containment structure.

Proposed Determination NSHC Rick Giannantonio, General Counsel, Energy Name of Attorney for Licensee, Harbor Nuclear Corp.,168 E. Market Street Mailing Address Akron, OH 44308-2014 NRC Project Manager, Telephone Blake Purnell, 301-415-1380 Number Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power Station, Unit No. 1; Ottawa County, OH Docket No(s). 50-346 Application date January 19, 2022 12

ADAMS Accession No. ML22019A236 Location in Application of NSHC Enclosure - pages 32-34 The proposed amendment would revise the emergency plan for Davis-Besse Nuclear Power Brief Description of Amendment(s)

Station, Unit No. 1, by changing the emergency response organization staffing requirements.

Proposed Determination NSHC Rick Giannantonio, General Counsel, Energy Name of Attorney for Licensee, Harbor Nuclear Corp.,168 E. Market Street Mailing Address Akron, OH 44308-2014 NRC Project Manager, Telephone Blake Purnell, 301-415-1380 Number Southern Nuclear Operating Company, Inc.; Edwin I. Hatch Nuclear Plant, Units 1 and 2; Appling County, GA Docket No(s). 50-321, 50-366 Application date February 4, 2022 ADAMS Accession No. ML22038A205 Location in Application of NSHC Pages E E-3 of Enclosure Southern Nuclear Operating Company requests adoption of TSTF-580, "Provide Exception from Entering Mode 4 With No Operable RHR

[Residual Heat Removal] Shutdown Cooling."

Brief Description of Amendment(s)

The proposed change provides a technical specification exception to entering Mode 4 if both required RHR shutdown cooling subsystems are inoperable.

Proposed Determination NSHC Millicent Ronnlund, Vice President and General Name of Attorney for Licensee, Counsel, Southern Nuclear Operating Co., Inc.,

Mailing Address P. O. Box 1295, Birmingham, AL 35201-1295 NRC Project Manager, Telephone Dawnmathews Kalathiveettil, 301-415-5905 Number Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 2, and 3; Limestone County, AL; Tennessee Valley Authority; Sequoyah Nuclear Plant, Units 1 and 2; Hamilton County, TN; Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Rhea County, TN 50-259, 50-260, 50-296, 50-327, 50-328, 50-390, Docket No(s).

50-391 Application date January 27, 2022 ADAMS Accession No. ML22027A835 Location in Application of NSHC Pages E1-6 and E1-7 of the Enclosure The proposed amendments would revise the Tennessee Valley Authority Radiological Brief Description of Amendment(s) Emergency Plan to make an exception in Initiating the Condition HU2 Emergency Action Level to provide an additional method to declare 13

the event if the operating basis earthquake alarm is out of service.

Proposed Determination NSHC David Fountain, Executive VP and General Name of Attorney for Licensee, Counsel, Tennessee Valley Authority, 400 West Mailing Address Summit Hill Drive, WT 6A, Knoxville, TN 37902 NRC Project Manager, Telephone Kimberly Green, 301-415-1627 Number III. Notice of Issuance of Amendments to Facility Operating Licenses and Combined Licenses During the period since publication of the last monthly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations. The Commission has made appropriate findings as required by the Act and the Commissions rules and regulations in 10 CFR chapter I, which are set forth in the license amendment.

A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed NSHC determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register as indicated in the safety evaluation for each amendment.

Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.22(b) and has made a determination based on that assessment, it is so indicated in the safety evaluation for the amendment.

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For further details with respect to each action, see the amendment and associated documents such as the Commissions letter and safety evaluation, which may be obtained using the ADAMS accession numbers indicated in the following table.

The safety evaluation will provide the ADAMS accession numbers for the application for amendment and the Federal Register citation for any environmental assessment. All of these items can be accessed as described in the Obtaining Information and Submitting Comments section of this document.

License Amendment Issuance(s)

Constellation Energy Generation, LLC; LaSalle County Station, Units 1 and 2; LaSalle County, IL Docket No(s). 50-373, 50-374 Amendment Date February 4, 2022 ADAMS Accession No. ML21362A721 Amendment No(s). 255 (Unit 1) and 241 (Unit 2)

The amendments revised LaSalle's technical specifications (TSs) to incorporate licensing topical report, GNF CRDA Application Methodology, NEDE-33885P-A, Revision 1, by modifying TS Sections 3.1.3, "Control Rod Brief Description of Amendment(s)

Operability," 3.1.6, "Rod Pattern Control," and 3.3.2.1, "Control Rod Block Instrumentation," to allow for greater flexibility in rod control operations during various stages of reactor power operation at LaSalle.