ML15079A333

Letter Regarding Issuance of Draft Guidance

ML15079A333
Person / Time
Site:	Palisades
Issue date:	03/20/2015
From:	Lindell J NRC/OGC
To:	Gary Arnold, Hirons T, Ronald Spritzer Atomic Safety and Licensing Board Panel
SECY RAS
References
50-255-LA, ASLBP 15-936-03-LA-BD01, RAS 27402
Download: ML15079A333 (6)

Text

UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 March 20, 2015 Administrative Judge Administrative Judge Ronald M. Spritzer, Chair Dr. Gary S. Arnold Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, DC 20555-001 Washington, DC 20555-0001 Administrative Judge Dr. Thomas J. Hirons Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Palisades Nuclear Plant)

Docket No. 50-255-LA

Dear Administrative Judges:

The NRC Staff wishes to inform the Board that on March 6th, 2015, it issued two draft regulatory guidance documents for public comment: (1) Draft regulatory guide (DG), DG-1299, Regulatory Guidance on the Alternate Pressurized Thermal Shock Rule, and (2) Draft NUREG-2163, Technical Basis for Regulatory Guidance on the Alternate Pressurized Thermal Shock Rule. DG-1299 provides guidance for a method that the NRC Staff considers acceptable to permit use of the alternate fracture toughness requirements in 10 C.F.R. § 50.61a for protection against pressurized thermal shock events for pressurized water reactor (PWR) reactor pressure vessels. The draft NUREG provides the technical basis for DG-1299.

The Federal Register notice announcing the issuance of these documents, Draft Guidance Regarding the Alternate Pressurized Thermal Shock Rule, 80 Fed. Reg. 13,449 (Mar. 13, 2015), is attached. DG-1299 can be found in the Agencywide Documents and Access Management System (ADAMS) at Accession No. ML14056A011. NUREG-2163 can be found in ADAMS at Accession No. ML15058A677.

Respectfully submitted,

/Signed (electronically) by/

Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel

Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1474 E-mail: joseph.lindell@nrc.gov Date of signature: March 20, 2015

Enclosure:

As stated Cc w/Encl.: EIE

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13449 Submittal server for any proceeding in notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded which it is participating; and (2) advise document to the NRCs Office of the pursuant to an order of the Commission, the Secretary that the participant will be General Counsel and any others who or the presiding officer. Participants are submitting a request or petition for have advised the Office of the Secretary requested not to include personal hearing (even in instances in which the that they wish to participate in the privacy information, such as social participant, or its counsel or proceeding, so that the filer need not security numbers, home addresses, or representative, already holds an NRC- serve the documents on those home phone numbers in their filings, issued digital ID certificate). Based upon participants separately. Therefore, unless an NRC regulation or other law this information, the Secretary will applicants and other participants (or requires submission of such establish an electronic docket for the their counsel or representative) must information. However, a request to hearing in this proceeding if the apply for and receive a digital ID intervene will require including Secretary has not already established an certificate before a hearing request/ information on local residence in order electronic docket. petition to intervene is filed so that they to demonstrate a proximity assertion of Information about applying for a can obtain access to the document via interest in the proceeding. With respect digital ID certificate is available on the the E-Filing system. to copyrighted works, except for limited NRCs public Web site at http:// A person filing electronically using excerpts that serve the purpose of the www.nrc.gov/site-help/e-submittals/ the NRCs adjudicatory E-Filing system adjudicatory filings and would getting-started.html. System may seek assistance by contacting the constitute a Fair Use application, requirements for accessing the E- NRC Meta System Help Desk through participants are requested not to include Submittal server are detailed in the the Contact Us link located on the copyrighted materials in their NRCs Guidance for Electronic NRCs public Web site at http:// submission.

Submission, which is available on the www.nrc.gov/site-help/e-Dated at Arlington, Texas, this 27th day of agencys public Web site at http:// submittals.html, by email to February 2015.

www.nrc.gov/site-help/e- MSHD.Resource@nrc.gov, or by a toll-For the Nuclear Regulatory Commission.

submittals.html. Participants may free call at 1-866-672-7640. The NRC attempt to use other software not listed Meta System Help Desk is available Jack E. Whitten, on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern Chief, Nuclear Materials Safety Branch B, NRCs E-Filing system does not support Time, Monday through Friday, Division of Nuclear Materials Safety, Region IV Office.

unlisted software, and the NRC Meta excluding government holidays.

Participants who believe that they [FR Doc. 2015-05803 Filed 3-12-15; 8:45 am]

System Help Desk will not be able to offer assistance in using unlisted have a good cause for not submitting BILLING CODE 7590-01-P software. documents electronically must file an If a participant is electronically exemption request, in accordance with submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper NUCLEAR REGULATORY accordance with the E-Filing rule, the filing requesting authorization to COMMISSION participant must file the document continue to submit documents in paper RIN 3150-AI01 using the NRCs online, Web-based format. Such filings must be submitted

[NRC-2014-0137]

submission form. In order to serve by: (1) First class mail addressed to the documents through the Electronic Office of the Secretary of the Draft Guidance Regarding the Information Exchange System, users Commission, U.S. Nuclear Regulatory Alternate Pressurized Thermal Shock will be required to install a Web Commission, Washington, DC 20555- Rule browser plug-in from the NRCs Web 0001, Attention: Rulemaking and site. Further information on the Web- Adjudications Staff; or (2) courier, AGENCY: Nuclear Regulatory based submission form, including the express mail, or expedited delivery Commission.

installation of the Web browser plug-in, service to the Office of the Secretary, ACTION: Draft regulatory guide; draft is available on the NRCs public Web Sixteenth Floor, One White Flint North, NUREG; request for comment.

site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, submittals.html. Maryland, 20852, Attention:

SUMMARY

The U.S. Nuclear Regulatory Once a participant has obtained a Rulemaking and Adjudications Staff. Commission (NRC) is issuing for public digital ID certificate and a docket has Participants filing a document in this comment draft regulatory guide (DG),

been created, the participant can then manner are responsible for serving the DG-1299, Regulatory Guidance on the submit a request for hearing or petition document on all other participants. Alternate Pressurized Thermal Shock for leave to intervene. Submissions Filing is considered complete by first- Rule and accompanying draft NUREG-should be in Portable Document Format class mail as of the time of deposit in 2163, Technical Basis for Regulatory (PDF) in accordance with NRC guidance the mail, or by courier, express mail, or Guidance on the Alternate Pressurized available on the NRCs public Web site expedited delivery service upon Thermal Shock Rule. The DG provides at http://www.nrc.gov/site-help/e- depositing the document with the new guidance for a method that the NRC submittals.html. A filing is considered provider of the service. A presiding considers acceptable to permit use of complete at the time the documents are officer, having granted an exemption the alternate fracture toughness submitted through the NRCs E-Filing request from using E-Filing, may require requirements for protection against system. To be timely, an electronic a participant or party to use E-Filing if pressurized thermal shock (PTS) events filing must be submitted to the E-Filing the presiding officer subsequently for pressurized water reactor (PWR) system no later than 11:59 p.m. Eastern determines that the reason for granting reactor pressure vessels (RPVs). The Time on the due date. Upon receipt of the exemption from use of E-Filing no draft NUREG provides the technical a transmission, the E-Filing system longer exists. basis for DG-1299.

time-stamps the document and sends Documents submitted in adjudicatory DATES: Submit comments by May 12, the submitter an email notice proceedings will appear in the NRCs 2015. Comments received after this date confirming receipt of the document. The electronic hearing docket which is will be considered if it is practical to do E-Filing system also distributes an email available to the public at http:// so, but the NRC is able to ensure

13450 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices consideration only for comments document referenced in this document 2163, Technical Basis for Regulatory received on or before this date. (if that document is available in Guidance on the Alternate Pressurized ADDRESSES: You may submit comments ADAMS) is provided the first time that Thermal Shock Rule. This NUREG by any of the following methods (unless a document is referenced. Draft Guide- provides the technical basis for the this document describes a different 1299, Regulatory Guidance on the guidance recommended in DG-1299.

method for submitting comments on a Alternate Pressurized Thermal Shock The NRC is issuing the draft NUREG for specific subject): Rule, is available in ADAMS under public comment at the same time as the

• Federal Rulemaking Web site: Go to Accession No. ML14056A011. Draft DG to allow for common review of both http://www.regulations.gov and search NUREG-2163, Technical Basis for documents.

for Docket ID NRC-2014-0137. Address Regulatory Guidance on the Alternate The alternate PTS requirements are questions about NRC dockets to Carol Pressurized Thermal Shock Rule, is based on updated analysis methods, and Gallagher; telephone: 301-415-3463; available in ADAMS under Accession are desirable because the requirements email: Carol.Gallagher@nrc.gov. For No. ML15058A677. in 10 CFR 50.61a are based on overly technical questions, contact the

• NRCs PDR: You may examine and conservative probabilistic fracture individuals listed in the FOR FURTHER purchase copies of public documents at mechanics analyses.

INFORMATION CONTACT section of this the NRCs PDR, Room O1-F21, One III. Backfitting and Issue Finality document. White Flint North, 11555 Rockville

• Mail comments to: Cindy Bladey, Pike, Rockville, Maryland 20852. The DG, if finalized, would provide Office of Administration, Mail Stop: guidance on the methods acceptable to B. Submitting Comments the NRC for complying with the NRCs OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, Please include Docket ID NRC-2014- regulations associated with alternate DC 20555-0001. 0137 in the subject line of your fracture toughness requirements for For additional direction on obtaining comment submission. protection against PTS events for PWR information and submitting comments, The NRC cautions you not to include RPVs. The NUREG, if finalized, would see Obtaining Information and identifying or contact information that provide technical bases that support the Submitting Comments in the you do not want to be publicly DG. The DG would apply to certain SUPPLEMENTARY INFORMATION section of disclosed in your comment submission. current holders of power reactor this document. The NRC will post all comment licenses and construction permits under submissions at http:// 10 CFR part 50. The alternate PTS FOR FURTHER INFORMATION CONTACT: Gary www.regulations.gov as well as enter the requirements of 10 CFR 50.61a apply to Stevens, Office of Nuclear Reactor comment submissions into ADAMS. certain holders of operating licenses for Regulation, telephone: 301-415-3608; The NRC does not routinely edit a PWR whose construction permit was email: Gary.Stevens@nrc.gov; Mark comment submissions to remove issued before February 3, 2010; Kirk, Office of Nuclear Regulatory identifying or contact information. however, this DG also provides Research, telephone: 301-251-7631; If you are requesting or aggregating guidance for licensees whose email: Mark.Kirk@nrc.gov; or Steve comments from other persons for construction permits were issued after Burton, telephone: 301-415-7000; submission to the NRC, then you should February 3, 2010, but wish to utilize the email: Stephen.Burton@nrc.gov; U.S. inform those persons not to include alternate PTS criteria via exemption.

Nuclear Regulatory Commission, identifying or contact information that Therefore this guidance may also apply Washington, DC 20555-0001. they do not want to be publicly to future applicants for operating SUPPLEMENTARY INFORMATION: disclosed in their comment submission. licenses and construction permits under I. Obtaining Information and Your request should state that the NRC 10 CFR part 50, as well as certain Submitting Comments does not routinely edit comment current holders of and future applicants submissions to remove such information for power reactor licenses under 10 CFR A. Obtaining Information before making the comment part 52.

Please refer to Docket ID NRC-2014- submissions available to the public or Issuance of this DG and NUREG, if 0137 when contacting the NRC about entering the comment into ADAMS. finalized, would not constitute the availability of information for this backfitting under 10 CFR part 50 and II. Discussion would not otherwise be inconsistent action. You may obtain publicly-available information related to this The NRC is issuing for public with the issue finality provisions in 10 action by the following methods: comment a draft guide (DG) in the CFR part 52. As discussed in the

• Federal Rulemaking Web site: Go to NRCs Regulatory Guide series. The Implementation section of DG-1299, http://www.regulations.gov and search DG, titled Regulatory Guidance on the the NRC has no current intention to for Docket ID NRC-2014-0137. Alternate Pressurized Thermal Shock impose the DG, if finalized, on current

• NRCs Agencywide Documents Rule, is temporarily identified by its holders of 10 CFR part 50 operating Access and Management System task number, DG-1299. This DG licenses or 10 CFR part 52 combined (ADAMS): You may obtain publicly- provides new guidance for a method licenses. This DG, if finalized, could be available documents online in the that the NRC considers acceptable to applied to applications for certain 10 ADAMS Public Documents collection at permit use of the alternate fracture CFR part 50 operating licenses or http://www.nrc.gov/reading-rm/ toughness requirements for protection construction permits and 10 CFR part 52 adams.html. To begin the search, select against PTS events for PWR RPVs in combined licenses. Such action would ADAMS Public Documents and then part 50 of Title 10 of the Code of Federal not constitute backfitting as defined in select Begin Web-based ADAMS Regulations (10 CFR), Domestic 10 CFR 50.109 or be otherwise Search. For problems with ADAMS, Licensing of Production and Utilization inconsistent with the issue finality please contact the NRCs Public Facilities, 10 CFR 50.61a, Alternate provisions in 10 CFR part 52, inasmuch Document Room (PDR) reference staff at Fracture Toughness Requirements for as such applicants are not within the 1-800-397-4209, 301-415-4737, or by Protection against Pressurized Thermal scope of entities protected by 10 CFR email to pdr.resource@nrc.gov. The Shock Events (RIN 3150-AI01). DG- 50.109 or the issue finality provisions in ADAMS accession number for each 1299 is accompanied by draft NUREG- 10 CFR part 52.

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13451 Dated at Rockville, Maryland, this 6th day email: Carol.Gallagher@nrc.gov. For B. Submitting Comments of March 2015. technical questions, contact the Please include Docket ID NRC-2014-For the Nuclear Regulatory Commission. individuals listed in the FOR FURTHER 0080 in the subject line of your Thomas H. Boyce, INFORMATION CONTACT section of this comment submission.

Chief, Regulatory Guide and Generic Issues document. The NRC cautions you not to include Branch, Division of Engineering, Office of

• Mail comments to: Cindy Bladey, identifying or contact information that Nuclear Regulatory Research. Office of Administration, Mail Stop: you do not want to be publicly

[FR Doc. 2015-05754 Filed 3-12-15; 8:45 am] OWFN-12-H08, U.S. Nuclear disclosed in your comment submission.

BILLING CODE 7590-01-P Regulatory Commission, Washington, The NRC will post all comment DC 20555-0001. submissions at http://

For additional direction on obtaining www.regulations.gov as well as enter the NUCLEAR REGULATORY information and submitting comments, comment submissions into ADAMS.

COMMISSION see Obtaining Information and The NRC does not routinely edit

[NRC-2014-0080] Submitting Comments in the comment submissions to remove SUPPLEMENTARY INFORMATION section of identifying or contact information.

Low-Level Radioactive Waste this document. If you are requesting or aggregating Regulatory Program FOR FURTHER INFORMATION CONTACT: comments from other persons for Stephen Dembek, telephone: 301-415- submission to the NRC, then you should AGENCY: Nuclear Regulatory 2342, email: Stephen.Dembek@nrc.gov; inform those persons not to include Commission.

or Melanie C. Wong, telephone: 301- identifying or contact information that ACTION: Draft programmatic assessment 415-2432, email: Melanie.Wong@ they do not want to be publicly results; request for comment. nrc.gov, both are staff of the Office of disclosed in their comment submission.

Nuclear Material Safety and Safeguards, Your request should state that the NRC

SUMMARY

The U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission, does not routinely edit comment Commission (NRC) is requesting Washington, DC 20555-0001. submissions to remove such information comment on a draft list of prioritized SUPPLEMENTARY INFORMATION: before making the comment low-level radioactive waste (LLW) tasks submissions available to the public or based upon the assessment updates to I. Obtaining Information and entering the comment submissions into the strategic assessment (now called a Submitting Comments ADAMS.

programmatic assessment) performed in 2007. The objective of this updated A. Obtaining Information II. Background assessment remains the same as the Please refer to Docket ID NRC-2014- In 2007, due to developments in the 2007 assessment; that is, to identify and 0080 when contacting the NRC about national program for LLW disposal, as prioritize tasks that the NRC staff can the availability of information regarding well as changes in the regulatory undertake to ensure a stable, reliable, this document. You may obtain environment, the NRCs LLW program and adaptable regulatory framework for publicly-available information related to faced new challenges and issues. New effective LLW management, while also this document by any of the following technical issues related to protection of considering future needs and changes methods: public health and the environment and that may occur in the nations

• Federal Rulemaking Web site: Go to security emerged. These challenges and commercial LLW management system. http://www.regulations.gov and search issues included (1) the need for greater In 2014, through public meetings, for Docket ID NRC-2014-0080. flexibility and reliability in LLW webinars, and Federal Register notices,

• NRCs Agencywide Documents disposal options; (2) increased storage of the NRC staff solicited public comment Access and Management System Class B and Class C LLW because of the on what changes, if any, should be made (ADAMS): You may obtain publicly- potential closing of the Barnwell, South to the current LLW programs regulatory available documents online in the Carolina disposal facility to out-of-framework, as well as specific actions ADAMS Public Documents collection at compact waste generators; (3) the that the staff might undertake to http://www.nrc.gov/reading-rm/ potential need to dispose of large facilitate such changes. The NRC staff adams.html. To begin the search, select quantities of power plant considered the comments received, ADAMS Public Documents and then decommissioning waste, as well as performed an assessment of the select Begin Web-based ADAMS depleted uranium (DU) from enrichment comments, and developed a draft list of Search. For problems with ADAMS, facilities; (4) increased safety concerns; prioritized LLW tasks. please contact the NRCs Public (5) the need for greater LLW program DATES: Submit comments by April 13, Document Room (PDR) reference staff at resources than were available; (6) 2015. Comments received after this date 1-800-397-4209, 301-415-4737, or by increased security concerns related to will be considered if it is practical to do email to pdr.resource@nrc.gov. The storing LLW in general and sealed so, but the NRC is able to assure Strategic Assessment of Low-Level radioactive sources in particular; and (7) consideration only for comments Radioactive Waste Regulatory Program the potential for generation of new received on or before this date. and Transcript of Public Workshop on waste streams (for example, by the next ADDRESSES: You may submit comments Low-Level Radioactive Waste Disposal generation of nuclear reactors and the by any of the following methods (unless Rulemaking and Strategic Assessment of potential reemergence of nuclear fuel this document describes a different Low-Level Radioactive Waste are reprocessing in the United States).

method for submitting comments on a available in ADAMS under Accession Based on these challenges and issues, specific subject): Nos. ML071350291 and ML14086A540. the NRC staff conducted a Strategic

• Federal Rulemaking Web site: Go to

• NRCs PDR: You may examine and Assessment of the NRCs LLW http://www.regulations.gov and search purchase copies of public documents at regulatory program. Based on extensive for Docket ID NRC-2014-0080. Address the NRCs PDR, Room O1-F21, One stakeholder input during public questions about NRC dockets to Carol White Flint North, 11555 Rockville meetings, the NRC staff received a Gallagher; telephone: 301-415-3463; Pike, Rockville, Maryland 20852. variety of tasks to be included in the

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-255-LA

)

(Palisades Nuclear Plant) )

)

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305, I hereby certify that a copy of the foregoing letter regarding the Issuance of Technical Basis and Draft Regulatory Guidance on 10 C.F.R. § 50.61a for Public Comment, dated March 20, 2015, has been filed through the Electronic Information Exchange, the NRCs E-Filing System, in the above captioned proceeding, this 20th day of March, 2015:

/Signed (electronically) by/

Joseph A. Lindell Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1474 E-mail: joseph.lindell@nrc.gov Date of signature: March 20, 2015