ML110350248

License Amendment, Issuance of Amendment, the Proposed Amendment Would Modify Technical Specification 6.7.6.k, Steam Generator, and Technical Specification 6.8.1.7, Steam Generator Tube Inspection Report.

ML110350248
Person / Time
Site:	Seabrook
Issue date:	03/01/2011
From:	Geoffrey Miller Plant Licensing Branch 1
To:	Freeman P NextEra Energy Seabrook
Miller G, NRR/DORL/LPL1-2, 415-2481
Shared Package
ML110350241	List: ML110350248 ML110350252 NRC-2011-0044, Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, Opportunity for a Hearing, and Order Imposing Procedures for Document Access..
References
TAC ME5414
Download: ML110350248 (11)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 March 1, 2011 Mr. Paul Freeman Site Vice President c/o Michael O'Keefe Seabrook Station NextEra Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874 SEABROOK STATION, UNIT NO.1 -NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING AND ORDER IMPOSING PROCEDURES FOR DOCUMENT ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (TAC NO. ME5414)

Dear Mr. Freeman:

The U.S. Nuclear Regulatory Commission has forwarded the enclosed "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information," to the Office of the Federal Register for publication.

This notice relates to your application dated January 27, 2011 (Agencywide Documents Access and Management System Accession No. ML110330202), in which you requested to revise the Seabrook Station, Unit No.1 Technical Specifications (TSs) related to the Steam Generators (SGs). Specifically, the proposed amendment would modify TS 6.7.6.k, "Steam Generator," and TS 6.8.1.7, "Steam Generator Tube Inspection Report," to allow implementation of alternate repair criteria.

While your application does not, itself, contain Sensitive Unclassified Safeguards Information, it does reference and rely upon such information as part of the basis for the proposed change. If you have any questions, please contact me at 301-415-2481.

G. Edward Miller, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443

Enclosure:

Notice of Consideration cc w/encl: Distribution via Listserv

NUCLEAR REGULATORY NextEra Energy Seabrook, Seabrook Station Unit Docket No.

Notice of Consideration of Issuance of Amendment Facility Operating License, Proposed No Significant Consideration Determination, Opportunity for a Hearing, Order Imposing Procedures for Document Access to Sensitive Non-Safeguards AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request. opportunity to comment. opportunity to request a hearing. and Commission order. DATES: Submit comments by [INSERT DATE: 30 DAYS FROM DATE OF PUBLICATION].

A request for a hearing must be filed by [INSERT DATE: 60 DAYS FROM DATE OF PUBLICATION.]'

Any potential party as defined in 10 CFR 2.4 who believes access to Sensitive Unclassified Non-Safeguards Information and/or Safeguards Information is necessary to respond to this notice must request document access by [INSERT DATE: 10 DAYS FROM DATE OF PUBLICATION].

ADDRESSES:

Please include Docket ID NRC-2011-XXXX in the subject line of your comments.

Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site http://www.regulations.gov.

Because your comments will not be edited to remove any identifying or contact information.

the NRC cautions

-you against including any information in your submission that you do not want to be publicly disclosed.

The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed.

You may submit comments by anyone of the following methods. Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-2011-XXXX. Address questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail CaroI.Galiagher@nrc.gov.

Mail comments to: Chief, Rules, Announcements and Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01 M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to RADB at 301-492-3446.

You can access publicly available documents related to this notice using the following methods: NRC's Public Document Room (PDR): The public may examine, and have copied for a fee, publicly available documents at the NRC's PDR, Room 01 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. These documents may also be viewed electronically on the public computers located at the NRC's PDR at 11555 Rockville Pike, Rockville, Maryland 20852. NRC's Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html.

From this page, the public can gain entry into ADAMS, which provides text and image files of NRC's public

-3 documents.

If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's PDR reference staff at 415-4737, or bye-mail to pdr.resource@nrc.qov.

The application for amendment, dated January 27, 2011 is available electronically under ADAMS Accession No. ML110330202, however, the application for amendment, refers to and relies upon proprietary information previously submitted to the NRC and. accordingly, that information is withheld from public disclosure.

Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at http://www.requlations.qov by searching on Docket ID: NRC*2011*

XXXX. FOR FURTHER INFORMATION CONTACT: G. Edward Miller, Project Manager, Plant Licensing Branch 1-2, Division of Operating Reactor licenSing.

Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 415-2481; fax number: 301-415-2102; e-mail: ed.miller@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-86 issued to NextEra Energy Seabrook, LLC (NextEra or the licensee) for operation of the Seabrook Station, Unit No.1 located in Rockingham County, New Hampshire.

The proposed amendment would revise Technical Specifications (TSs) related to the Steam Generators (SGs). Specifically, the proposed amendment would modify TS 6.7.6.k,

-7 Prevention of Reactor Coolant Pressure Boundary," and GDC 32, "Inspection of Reactor Coolant Pressure Boundary," by reducing the probability and consequences of a SGTR. RG 1.121 concludes that by determining the limiting safe conditions for tube wall degradation, the probability and consequences of a SGTR are reduced. This RG uses safety factors on loads for tube burst that are consistent with the requirements of Section III of the American Society of Mechanical Engineers (ASME) Code. For axially oriented cracking located within the tubesheet, tube burst is precluded due to the presence of the tubesheet.

For circumferentially oriented cracking, Westinghouse WCAP-17071-P defines a length of degradation-free expanded tubing that provides the necessary resistance to tube pullout due to the pressure induced forces, with applicable safety factors applied. Application of the limited hot and cold leg tubesheet inspection criteria will preclude unacceptable to-secondary leakage during all plant conditions.

The methodology for determining leakage as described in WCAP-17071-P provides significant margin between the accident-induced leakage assumption and the technical specification leakage limit during normal operating conditions when the proposed limited tubesheet inspection depth criteria is implemented.

Therefore, the proposed change does not involve a significant reduction in any margin of safety. The NRC staff has reviewed the licensee's analysis, as modified above. 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 amendment request involves no significant hazards consideration.

The Commission is seeking public comments on this proposed determination.

Any comments received by [INSERT DATE: 30 DAYS FROM THE DATE OF PUBLICATION OF THIS FEDERAL REGISTER NOTICE] will be considered in making any final determination.

You may submit comments using any of the methods discussed under the ADDRESSES caption. Normally, the Commission will not issue the amendment until the expiration of 50 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 50-day period provided that its final determination is that 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 should 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.

Should the Commission take 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.

Should the Commission make 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.

II. Opportunity to Request a Hearing Requirements for hearing requests and petitions for leave to intervene are found in 10 CFR 2.309, "Hearing requests, petitions to intervene, requirements for standing, and contentions." Interested persons should consult 10 CFR Part 2, Section 2.309, which is available at the NRC's Public Document Room (PDR), located at 01 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 800-397-4209 or 4737). NRC regulations are also accessible electronically from the NRC's Electronic Reading Room on the NRC Web site at http://www.nrc.gov.

HI. Petitions for Leave to Intervene Any person whose interest may be affected by this proceeding and who wishes to partfcipate as a party in the proceeding must file a written petition for leave to intervene.

As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the requestor/petitioner in the proceeding and how that interest may be affected by the results of the proceeding.

The petition must provide the name, address, and telephone number of the requestor or petitioner and specifically explain the reasons why the intervention

-9 should be permitted with particular reference to the following factors: (1) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest The petition must also identify the specific contentions which the requestor/petitioner seeks to have litigated at the proceeding.

A petition for leave to intervene must also include a specification of the contentions that the petitioner seeks to have litigated in the hearing. For each contention, the requestor/petitioner must provide a specific statement of the issue of law or fact to be raised or controverted, as well as a brief explanation of the basis for the contention.

Additionally, the requestor/petitioner must demonstrate that the issue raised by each contention is within the scope of the proceeding and is material to the findings the NRC must make to support the granting of a license amendment in response to the application.

The petition must include a concise statement of the alleged facts or expert opinions which support the position of the requestor/petitioner and on which the requestor/petitioner intends to rely at hearing, together with references to the specific sources and documents on which the requestor/petitioner intends to rely. Finally, the petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact, including references to specific portions of the application for amendment that the requestor/petitioner disputes and the supporting reasons for each dispute, or, if the requestor/petitioner believes that the application for amendment fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requestor's/petitioner's belief. Each contention must be one which, if proven, would entitle the requestor/petitioner to relief.

requestor no later than 25 days after the requestor is granted access to that information.

However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.

G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff either after a determination on standing and need for access, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requestor may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318{a);

or (c) if another officer has been designated to rule on information access issues, with that officer. H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNS] whose release would harm that party's interest independent of the proceeding.

Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information.

The availability of ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding Day Eve ntf Activity o Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.

10 Deadline for submitting requests for access to Sensitive Unclassified Safeguards Information (SUNSI) with information:

supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.

60 Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention;

+7 requestor/petitioner reply). 20 Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.)

If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).

25 If NRC staff finds no "need" or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate).

If NRC staff finds "need" for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s).

40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit.

Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information Day Event! Activity (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A+3 Deadline for filing executed Non-Disclosure Affidavits.

Access provided to SUNSI consistent with decision issuing the protective order. A+28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.

A+ 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 Decision on contention admission.

March 1, 2011 Mr. Paul Freeman Site Vice President c/o Michael O'Keefe Seabrook Station NextEra Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874 SEABROOK STATION, UNIT NO.1 -NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING AND ORDER IMPOSING PROCEDURES FOR DOCUMENT ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (TAC NO. ME5414)

Dear Mr. Freeman:

The U.S. Nuclear Regulatory Commission has forwarded the enclosed "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information," to the Office of the Federal Register for publication.

This notice relates to your application dated January 27,2011 (Agencywide Documents Access and Management System Accession No. ML110330202), in which you requested to revise the Seabrook Station, Unit No.1 Technical Specifications (TSs) related to the Steam Generators (SGs). Specifically, the proposed amendment would modify TS 6.7.6.k, "Steam Generator," and TS 6.8.1.7, "Steam Generator Tube Inspection Report," to allow implementation of alternate repair criteria.

While your application does not, itself, contain Sensitive Unclassified Safeguards Information, it does reference and rely upon such information as part of the basis for the proposed change. If you have any questions, please contact me at 301-415-2481.

Sincerely, Ira! G. Edward Miller, Project Manager Plant licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443

Enclosure:

Notice of Consideration cc w/encl: Distribution via Listserv DISTRIBUTION:

RidsAcrsAcnw_MailCTR Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl1-2 Resource RidsNrrLAABaxter Resource RidsOgcRp Resource RidsNrrPMSeabrook Resource RidsRgn1 MailCenter Resource PUBLIC Branch Reading ADAMS Accession Nos.: PKG ML110350241 L TR ML110350248 FRN ML110350252 1-2/PM NRRlLPLI-2/LA NRR/LPLI-2/BC NRRlLPLI-2/PM ABaxter (SLittle for) MSpencer HChernoff GEMilier 2/16/11 1 2/18/11 3/1111 OFFICIAL