ML24018A080
| ML24018A080 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 01/22/2024 |
| From: | Samson Lee Plant Licensing Branch IV |
| To: | Wolf Creek |
| Lee S, 301-415-3168 | |
| Shared Package | |
| ML24018A083 | List: |
| References | |
| EPID L-2024-LLA-0007, NRC-2024-0028 | |
| Download: ML24018A080 (11) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482; NRC-2024-0028]
Wolf Creek Nuclear Operating Corporation;
Wolf Creek Generating Station, Unit 1;
License Amendment Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to comment, request a hearing, and petition for le ave to intervene.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering iss uance of
an amendment to Renewed Facility Operating License No. NPF-42, issued to Wolf
Creek Nuclear Operating Corporation, for operation of the Wolf Creek Generating
Station, Unit 1. The proposed am endment would modify the implementation date of
License Amendment No. 238 for Wolf Creek Generating Station, Un it 1.
DATES: Submit comments by February 26, 2024. Request for a hearing or petitions for
leave to intervene must be filed by March 26, 2024.
ADDRESSES: You may submit comments by any of the following methods; howev er,
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-2024-0028. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schuma nn@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 submittin g comments, see
Obtaining Information and Submitting Comments in the SUPPLEME NTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Samson Lee, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-3168; email: Samson.Lee@nrc.gov
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0028 when contacting the NRC about the
availability of information for this action. You may obtain pub licly 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-2024-0028.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAM S Public
Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the
search, select Begin Web-based ADAMS Search. For problems wit h ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The license amendment request
to modify the implementation date of License Amendment No. 238 is available in
ADAMS under Accession No. ML24018A248.
2
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appoint ment 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 a.m. and 4 p.m. eastern time (ET), Monday throu gh 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-
2024-0028 in your comment submission.
The NRC cautions you not to include identifying or contact info rmation 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 e nter 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 person s 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 dis closed in their comment
submission. Your request should state that the NRC does not rou tinely edit comment
submissions to remove such information before making the commen t submissions
available to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Renewed Faci lity
Operating License No. NPF-42, issued to Wolf Creek Nuclear Oper ating Corporation, for
operation of the Wolf Creek Generating Station, Unit 1, located in Coffey County,
3 By letter dated August 31, 2023 (ADAMS Accession No. ML23165A25 0), the
NRC issued Amendment No. 237 to Renewed Facility Operating Lice nse No. NPF-42 for
the Wolf Creek Generating Station, Unit 1. The amendment revise d License Condition
2.C.(5), Fire Protection (Section 9.5.1, SER [Safety Evaluatio n Report], Section 9.5.1.8,
SSER [Supplement to SER] #5), and the Updated Safety Analysis Report to allow the
use of hard hat mounted portable lights as the primary emergenc y lighting means in
certain fire areas for illuminating safe shutdown equipment, an d access and egress
routes to the equipment. By letter dated October 19, 2023 (ADAM S Accession No.
ML23292A357), Wolf Creek Nuclear Operating Corporation requeste d correction of the
NRC staff safety evaluation (SE) for Amendment No. 237. Wolf Cr eek Nuclear Operating
Corporation stated that it could not implement the amendment as described in the SE,
and requested modification of the implementation date for Amend ment No. 237. By letter
dated November 29, 2023 (ADAMS Accession No. ML23299A266), the NRC issued
Amendment No. 238 to extend the implementation date for Amendme nt No. 237 to
February 27, 2024, as requested. By letter dated January 18, 20 24 (ADAMS Accession
No. ML24018A248), Wolf Creek Nuclear Operating Corporation stat ed that additional
time is necessary to implement Amendment No. 237, and requested modification of the
implementation date from February 27, 2024, to February 27, 202 5.
Before any issuance of the proposed license amendment, the NRC will need to
make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and
NRC's regulations.
The NRC has made a proposed determination that the license amen dment
request involves no significant hazards consideration (NSHC). U nder the NRCs
regulations in section 50.92 of title 10 of the Code of Federal Regulations (10 CFR), this
means that operation of the facility in accordance with the pro posed amendment would
4 not (1) involve a significant increase in the probability or co nsequences 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 signif icant reduction in a margin
of safety. As required by 10 CFR 50.91(a), the licensee has pro vided its analysis of the
issue of NSHC, which is presented as follows:
- 1. Does the proposed amendment involve a significant increase i n the probability or consequences of an accident previously evaluated?
Response: No.
The proposed modification to provide an additional year for implementation for License Amendment Number 237 does not involve a significant increase in the probability or consequenc es of an accident previously evaluated. The existing Fire Protection Program will remain in effect during the modified implementatio n period.
The current Fire Protection program and associated post-fire operator manual actions for a fire outside the control room wil l continue to remain feasible and reliable, demonstrating that th e plant can be safely shutdown in the event of a fire. The use of the existing Fire Protection Program will not adversely affect the performance of operator manual actions in support of applicable procedures.
Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluat ed?
Response: No.
The proposed modification to provide an additional year for implementation for License Amendment Number 237 does not create the possibility of a new or different kind of accident f rom any accident previously evaluated. The existing Fire Protection Program will remain in effect during the modified implementatio n period. Considering the current Fire Protection remains in plac e, no physical alteration of the plant will occur and does not res ult in the installation of any new or different kind of equipment.
5 Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previousl y evaluated.
- 3. Does the proposed amendment involve a significant reduction in a margin of safety?
Response: No.
The proposed modification to provide an additional year for implementation for License Amendment Number 237 is not a reduction in a margin of safety. The existing Fire Protection Program will remain in effect during the modified implementatio n period and has an acceptable margin of safety and has been approved by the NRC.
Therefore, the proposed change does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based o n this review, it
appears that the three standards of 10 CFR 50.92(c) are satisfi ed. Therefore, the NRC
staff proposes to determine that the license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determinati on that the
license amendment request involves NSHC. 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 notice p eriod). However, if
circumstances change during the notice period, such that failur e to act in a timely way
would result, for example, in derating or shutdown of the facil ity, the Commission may
issue the license amendment before the expiration of the notice period, provided that its
final determination is that the amendment involves NSHC. The fi nal determination will
consider all public and State comments received. If the Commiss ion takes action prior to
the expiration of either the comment period or the notice perio d, it will publish in the
6 Federal Register a notice of issuance. The Commission expects that the need to take
this action will occur very infrequently.
III. Opportunity to Request a Hearing and Petition for Leave t o Intervene
Within 60 days after the date of publication of this notice, an y person (petitioner)
whose interest may be affected by this action may file a reques t for a hearing and
petition for leave to intervene (petition) with respect to the action. Petitions shall be filed
in accordance with the Commissions Agency Rules of Practice a nd Procedure in
10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the
presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than 60 days from the date of publication of this
notice in accordance with the filing instructions in the Elect ronic Submissions (E-Filing)
section of this document. Petitions and motions for leave to fi le new or amended
contentions that are filed after the deadline will not be enter tained absent a
determination by the presiding officer that the filing demonstr ates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through ( iii).
If a hearing is requested and the Commission has not made a fin al determination
on the issue of NSHC, the Commission will make a final determin ation on the issue of
NSHC, which will serve to establish when the hearing is held. I f 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 th e final determination is
that the amendment request involves a significant hazards consi deration, then any
hearing held would take place before the issuance of the amendm ent unless the
7 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 T ribe, or
designated agency thereof, may submit a petition to the Commiss ion to participate as a
party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federa lly recognized Indian
Tribe, or agency thereof may participate as a non-party under 1 0 CFR 2.315(c).
For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionN umber=ML20340A
053) and on the NRCs public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.h tml#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed
by an interested State, local governmental body, Federally reco gnized 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 req uires 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 permitt ing an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for El ectronic Submissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html.
To comply with the procedural requirements of E-Filing, at leas t 10 days prior to
the filing deadline, the participant should contact the Office of the Secretary by email at
8 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 Sec retary that the participant
will be submitting a petition or other adjudicatory document (e ven in instances in which
the participant, or its counsel or representative, already hold s an NRC-issued digital ID
certificate). Based upon this information, the Secretary will e stablish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is avai lable on the NRCs
public website at https://www.nrc.gov/site-help/e-submittals/ge tting-started.html. After a
digital ID certificate is obtained and a docket created, the pa rticipant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at https://www.nrc.gov/si te-help/electronic-sub-ref-
mat.html. A filing is considered complete at the time the docum ent is submitted through
the NRCs E-Filing system. To be timely, an electronic filing m ust be submitted to the
E-Filing system no later than 11:59 p.m. ET on the due date. Up on receipt of a
transmission, the E-Filing system time-stamps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system a lso 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 th ey wish to participate in
the proceeding, so that the filer need not serve the document o n those participants
separately. Therefore, applicants and other participants (or th eir 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.
9 A person filing electronically u sing 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 availabl e between 9 a.m. and
6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not subm itting documents
electronically must file an exemption request, in accordance wi th 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 pap er format. Such filings
must be submitted in accordance with 10 CFR 2.302(b)-(d). Parti cipants filing
adjudicatory documents in this manner are responsible for servi ng 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 2.30 2(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 c ancel when the link requests
certificates and you will be automatically directed to the NRC s 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 perso nal privacy information
such as social security numbers, home addresses, or personal ph one numbers in their
filings unless an NRC regulation or other law requires submissi on of such information.
With respect to copyrighted works, except for limited excerpts that serve the purpose of
10 the adjudicatory filings and would constitute a Fair Use applic ation, participants should
not include copyrighted materials in their submission.
For further details with respect to this action, see the applic ation for license
amendment dated January 18, 2024 (ADAMS Accession No. ML24018A2 48).
Attorney for licensee : Chris Johnson, Corporate Counsel Directory, Evergy, One Kansa s
City Place, 1KC - Missouri HQ 16, 1200 Main Street, Kansas City, MO 64105.
NRC Branch Chief: Jennivine K. Rankin.
Dated: January 22, 2024.
For the Nuclear Regulatory Commission.
/RA/
Samson Lee, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
11