ML25307A199
| ML25307A199 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 11/20/2025 |
| From: | David Wrona NRC/NRR/DORL/LPL2-2 |
| To: | |
| References | |
| NRC-2025-1699, 90FR53003 | |
| Download: ML25307A199 (12) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346; NRC-2025-1699]
Vistra Operations Company LLC; Davis-Besse Nuclear Power Station, Unit No. 1; License Amendment Request AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to comment, request a hearing and to petition for leave to intervene.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License (RFOL) No. NPF-3, issued to Vistra Operations Company LLC (Vistra OpCo, the licensee) for Davis-Besse Nuclear Power Station, Unit No. 1. (DBNPS). The proposed license amendment would extend the completion time (CT) to 15 days for Technical Specification 3.8.1, AC [alternating current] Sources-Operating, Action A.3 for one time only during Cycle 24. For this amendment request, the NRC proposes to determine that it involves no significant hazards consideration.
DATES: Submit comments by December 24, 2025. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Requests for a hearing or petition for leave to intervene must be filed by January 23, 2026.
ADDRESSES: You may submit comments by any of the following methods however, the NRC encourages electronic comment submission through the Federal rulemaking website.
2 Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-1699. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301-415-1003; email: Bridget.Curran@nrc.gov. For technical questions, contact the individual(s) 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: Robert Kuntz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3733; email: Robert.Kuntz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I.
Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2025-1699 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-2025-1699.
NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
3 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, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The amendment request is available at ML25295A487.
NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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 a.m. and 4 p.m. eastern time (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-2025-1699 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 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.
Introduction
4 The NRC is considering issuance of an amendment to RFOL No. NPF-3 for Davis-Besse Nuclear Power Station, Unit No. 1, located in Ottawa County, Ohio.
The amendment would allow a one-time extension of the CT for Technical Specification 3.8.1, Action A.3, as described in their submittal dated October 22, 2025.
Before 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 amendment request involves no significant hazards consideration. Under the NRC's 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 proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented as follows:
- 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
The startup transformers are standby equipment that are not normally used during power operations until after the initiation of an accident scenario, so extending the time the startup transformer X02 is allowed to be out of service does not increase the probability of an accident previously evaluated in the Updated Final Safety Analysis Report (UFSAR).
5 There is no significant increase in the consequences of an accident during the repairs to startup transformer X02. A risk assessment has been performed for plant configuration during the proposed CT change. The Probabilistic Risk Assessment (PRA) analysis supports this CT change to TS 3.8.1. The Incremental Conditional Core Damage Probability and the Incremental Conditional Large Early Release Probability both remain below the acceptance criterion described in Regulatory Guide 1.177. The increase in risk can be mitigated by the measures described in section 3.2 above, specifically protecting important equipment such as the Emergency Diesel Generators (EDGs), Station Blackout Diesel Generator (SBODG), and Emergency Feedwater System (EFW). The risk assessment recommends that these systems be maintained available and protected throughout the duration of the extended CT to mitigate the increased risk of a loss of offsite power and to mitigate the increased fire and seismic risk.
There is no change in the station response to a Loss of Offsite Power (LOOP) or Station Blackout (SBO) as a result of the CT change because X02 is not included in the designated equipment used in the LOOP and SBO coping strategies.
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 evaluated?
Response: No.
The proposed amendment involves repairs to startup transformer X02. This work is to be performed with the plant online. During normal online operations, startup transformer X02 is in a standby condition with plant loads being provided by auxiliary transformer X11. The proposed change does not alter the design, physical configuration,
6 or mode of operation of any other plant structure, system, or component. The proposed extended X02 inoperability is bounded by the LOOP analysis. No physical changes are being made to any other portion of the plant (i.e., no new or different type of equipment will be installed) or a change in the method governing normal plant operation; therefore, no new accident scenarios, failure mechanisms, or limiting single failures are introduced as a result of this change. The proposed change to the CT to allow repairs of startup transformer X02 does not result in any new mechanisms that could initiate damage to the reactor or its principal safety barriers since all design and performance criteria will continue to be met and DBNPS will continue to be operated within the limits of its licensing basis. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.
- 3. Does the proposed amendment involve a significant reduction in a margin of safety?
Response: No.
The proposed amendment to extend the TS 3.8.1 Action A.3 CT does not significantly reduce the margin of safety for accident mitigation. During the proposed maintenance, both trains of emergency power will be supplied by auxiliary transformer X11 which is the normal configuration when the main generator is in service. Both EDGs will be maintained operable and the SBODG will be maintained functional and protected in the event of a LOOP. Compensatory measures will be implemented to minimize nuclear safety and generation risk.
To support a scheduled 13-day maintenance period, Vistra OpCo requests a CT of 15 days. PRA analysis (attachment 5 [of the application]) has determined a CT of 18 days remains within the Regulatory Guide 1.177 criterion. Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.
7 The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves no significant hazards consideration.
The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.
Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period 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 Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.
III.
Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by this action may file a request 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 and Procedure in
8 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 Electronic Submissions (E-Filing) section of this document. 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).
If a hearing is requested and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration, which will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing 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 designated agency thereof, may submit a petition to the Commission 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, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
9 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?AccessionNumber=ML20340A053) and on the NRCs public website (https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate).
IV.
Electronic Submissions and 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 further discussed, 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 NRCs public website (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
10 upon this information, the Secretary will establish 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 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 is created, the participant must submit adjudicatory documents in the 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. ET on the due date. Upon 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 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 in order 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., ET, Monday through Friday, except Federal holidays.
11 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 otherwise 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 docket 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.
For further details with respect to this action, see the application for license amendment dated October 22, 2025 (ADAMS Accession No. ML25295A487).
12 Attorney for licensee: Roland Blackhaus, Senior Lead Counsel-Nuclear, Vistra Corp., 325 7th Street NW, Suite 520, Washington, DC 20004.
NRC Branch Chief: Ilka Berrios.
Dated: November 20, 2025.
For the Nuclear Regulatory Commission.
/RA/
David Wrona, Chief, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.