ML090210535: Difference between revisions

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| number = ML090210535
| number = ML090210535
| issue date = 01/22/2009
| issue date = 01/22/2009
| title = Catawba Nuclear Station, Unit 2 - Individual Notice of Consideration of Issuance of Amendment to Facility Operating License Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing
| title = Individual Notice of Consideration of Issuance of Amendment to Facility Operating License Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing
| author name = Martin R E
| author name = Martin R
| author affiliation = NRC/NRR/DORL/LPLII-1
| author affiliation = NRC/NRR/DORL/LPLII-1
| addressee name = Morris J R
| addressee name = Morris J
| addressee affiliation = Duke Energy Carolinas, LLC
| addressee affiliation = Duke Energy Carolinas, LLC
| docket = 05000414
| docket = 05000414
Line 14: Line 14:
| page count = 10
| page count = 10
| project = TAC:ME0403
| project = TAC:ME0403
| stage = Approval
| stage = Other
}}
}}


=Text=
=Text=
{{#Wiki_filter:UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 January 22, 2009 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745 CATAWBA NUCLEAR STATION, UNIT 2 -INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403)  
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 22, 2009 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745 SUB"IECT:      CATAWBA NUCLEAR STATION, UNIT 2 - INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403)


==Dear Mr. Morris:==
==Dear Mr. Morris:==
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," to the Office of the Federal Register for publication.
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," to the Office of the Federal Register for publication.
This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.
This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.
If you have any questions, please contact me at 301-415-1119.
If you have any questions, please contact me at 301-415-1119.
Sincerely, Y Robert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No.
Sincerely,
Notice of cc w/encl: Distribution via
                                            ./:wJ*IJ/~
YRobert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-414
 
==Enclosure:==
 
Notice of Consideration cc w/encl: Distribution via Listserv


UNITED STATES NUCLEAR REGULATORY DUKE ENERGY CAROLINAS, DOCKET NO. NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-52 issued to Duke Energy Carolinas, LLC (the licensee) for operation of the Catawba Nuclear Station, Unit 2, located in York County, South Carolina.
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE ENERGY CAROLINAS, LLC DOCKET NO. 50-414 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-52 issued to Duke Energy Carolinas, LLC (the licensee) for operation of the Catawba Nuclear Station, Unit 2, located in York County, South Carolina.
The proposed amendment would allow a one-time limited duration extension of the Technical Specification (TS) Surveillance (SR) 3.3.1.4 frequency.
The proposed amendment would allow a one-time limited duration extension of the Technical Specification (TS) Surveillance (SR) 3.3.1.4 frequency. SR 3.3.1.4 is a Trip Actuating Device Operational Test (TADOT) of the reactor trip breakers (RTBs) and reactor trip bypass breakers.
SR 3.3.1.4 is a Trip Actuating Device Operational Test (TADOT) of the reactor trip breakers (RTBs) and reactor trip bypass breakers.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 50.92, 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
Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 50.92, 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
 
-2 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 below: Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
                                              -2 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 below:
Response:
: 1.      Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
No. The Reactor Trip System (RTS) serves as accident mitigation equipment and is not required to function unless an accident occurs. The reactor trip bypass breakers are utilized to support testing of the reactor trip breakers (RTBs) while at power. This equipment does not affect any accident initiators or precursors.
Response: No.
The proposed extension of the Technical Specification (TS) Surveillance Requirement (SR) 3.3.1.4 Frequency for RTBs does not affect its interaction with any system whose failure or malfunction could initiate an accident. Therefore, the probability of an accident previously evaluated is not significantly increased.
The Reactor Trip System (RTS) serves as accident mitigation equipment and is not required to function unless an accident occurs. The reactor trip bypass breakers are utilized to support testing of the reactor trip breakers (RTBs) while at power. This equipment does not affect any accident initiators or precursors. The proposed extension of the Technical Specification (TS)
The risk evaluation performed in support of this amendment request demonstrates that the consequences of an accident are not significantly increased.
Surveillance Requirement (SR) 3.3.1.4 Frequency for RTBs does not affect its interaction with any system whose failure or malfunction could initiate an accident. Therefore, the probability of an accident previously evaluated is not significantly increased.
As such, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Does the proposed amendment create the possibility of a new or different kind of accident from any previously evaluated?
The risk evaluation performed in support of this amendment request demonstrates that the consequences of an accident are not significantly increased. As such, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
Response:
: 2.      Does the proposed amendment create the possibility of a new or different kind of accident from any previously evaluated?
No. This change does not create the possibility of a new or different kind of accident from any accident previously evaluated.
Response: No.
No new accident causal mechanisms are created as a result of the NRC granting of this proposed change. No changes are being made to the plant which will introduce any new or different accident causal mechanisms. Does the proposed amendment involve a significant reduction in the margin of safety? Response:
This change does not create the possibility of a new or different kind of accident from any accident previously evaluated. No new accident causal mechanisms are created as a result of the NRC granting of this proposed change. No changes are being made to the plant which will introduce any new or different accident causal mechanisms.
No. Based on the availability of the RTS equipment and the low probability of an accident, Catawba concludes that the proposed extension of the surveillance test interval does not result in a significant reduction in the margin of safety.
: 3.      Does the proposed amendment involve a significant reduction in the margin of safety?
-3 The margin of safety is related to the confidence in the ability of the fission product barriers to perform their design functions during and following an accident situation.
Response: No.
These barriers include the fuel cladding, the reactor coolant system, and the containment system. The performance of these fission product barriers will not be significantly impacted by the proposed change. The risk implications of this request were evaluated and found to be acceptable.
Based on the availability of the RTS equipment and the low probability of an accident, Catawba concludes that the proposed extension of the surveillance test interval does not result in a significant reduction in the margin of safety.
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 amendment request involves no significant hazards consideration.
                                                -3 The margin of safety is related to the confidence in the ability of the fission product barriers to perform their design functions during and following an accident situation. These barriers include the fuel cladding, the reactor coolant system, and the containment system. The performance of these fission product barriers will not be significantly impacted by the proposed change. The risk implications of this request were evaluated and found to be acceptable.
The Commission is seeking public comments on this proposed determination.
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 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.
The Commission is seeking public comments on this proposed determination. 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 50-day period provided that its final determination is that the amendment involves no significant hazards consideration.
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 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 3D-day comment period should circumstances change during the 3D-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 Signi"ficant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.
In addition, the Commission may issue the amendment prior to the expiration of the 3D-day comment period should circumstances change during the 3D-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility.
Written comments may be submitted by mail to the Chief, Rulemaking, Directives
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 Signi"ficant Hazards Consideration Determination, any hearing will take place after issuance.
                                                  -4 and Editing Branch, TWB-05-B01 M, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice.
The Commission expects that the need to take this action will occur very infrequently.
Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Written comments may be submitted by mail to the Chief, Rulemaking, Directives
Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license.
-4 and Editing Branch, TWB-05-B01 M, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.qov/readinq-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.
Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.qov/readinq-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be
If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be
 
-5 affected by the results of the proceeding.
                                                -5 affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; 3) the nature and extent of the requestor's/petitioner's 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 requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.
The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.
: 1) the name, address and telephone number of the requestor or petitioner;  
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing.
: 2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;  
 
: 3) the nature and extent of the requestor's/petitioner's 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 requestor's/petitioner's interest.
                                                -6 If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide 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 held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents "filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28,2007 (72 FR 49139). 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.
Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted.
Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below.
In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration.
To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/ requestor must contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digitallD certificate, which allows the participant (or its counselor representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counselor representative) already holds an NRC-issued digital ID
The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements 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, and have the opportunity to participate fully in the conduct of the hearing.
 
-6 If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration.
                                                -7 certificate). Each petitioner/ requestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system.
The final determination will serve to decide 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 held would take place after issuance of the amendment.
The Workplace Forms Viewer' is free and is available at http://www.nrc.qov/site-help/e-submittals/install-viewer.html. Information about applying for a digitallD certificate is available on NRC's public website at http://www/nrc.gov/site-help/e-submittals/apply-certificates.html.
If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Once a petitioner/requestor has obtained a digitallD certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/e-submittals.htmI.Afiling is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11 :59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digitallD certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents "filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28,2007 (72 FR 49139). 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. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/
A person filing electronically may seek assistance through the "Contact Us" link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.htmlor by calling
requestor must contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digitallD certificate, which allows the participant (or its counselor representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counselor representative) already holds an NRC-issued digital ID
 
-7 certificate).
                                              -8 the NRC electronic filing Help Desk, which is available between 8:00 a.m. and 8:00 p.m.,
Each petitioner/
Eastern Time, Monday through Friday. The electronic filing Help Desk can be contacted by telephone at 1-866-672-7640 or bye-mail at MSHD.Resource@nrc.gov.
requestor will need to download the Workplace Forms ViewerŽ to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerŽ is free and is available at http://www.nrc.qov/site-help/e-submittals/install-viewer.html.
Information about applying for a digitallD certificate is available on NRC's public website at http://www/nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digitallD certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene.
Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/e-submittals.htmI.Afiling is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11 :59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document.
The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately.
Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digitallD certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the "Contact Us" link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.htmlor by calling
-8 the NRC electronic filing Help Desk, which is available between 8:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday. The electronic filing Help Desk can be contacted by telephone at 1-866-672-7640 or bye-mail at MSHD.Resource@nrc.gov.
Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants.
Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.
Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR § 2.309(c)(1  
Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR § 2.309(c)(1 )(i)-(viii).
)(i)-(viii).
Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers,
Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers,
 
-9 home addresses, or home phone numbers in their filings. 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 are requested not to include copyrighted materials in their submissions.
                                                  -9 home addresses, or home phone numbers in their filings. 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 are requested not to include copyrighted materials in their submissions.
For further details with respect to this license amendment application, see the application for amendment dated January 20,2009, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
For further details with respect to this license amendment application, see the application for amendment dated January 20,2009, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or bye-mail to pdr.resource@nrc.gov.
Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html.
Dated at Rockville, Maryland," this :2'.2. day of January 2009.
Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or bye-mail to pdr.resource@nrc.gov.
FOR THE NUCLEAR REGULATORY COMMISSION
Dated at Rockville, Maryland," this :2'.2. day of January 2009. FOR THE NUCLEAR REGULATORY COMMISSION  
                                        /"?     //zrJ!?~
/"? Senior Project Manager v' Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation January 22, 2009 1\t1r. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745 CATAWBA NUCLEAR STATION, UNIT 2 -INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403 )  
                                      /~Martin,            Senior Project Manager v' Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
 
January 22, 2009 1\t1r. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745
 
==SUBJECT:==
CATAWBA NUCLEAR STATION, UNIT 2 -INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403 )


==Dear Mr. Morris:==
==Dear Mr. Morris:==
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," to the Office of the Federal Register for publication.
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," to the Office of the Federal Register for publication.
This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.
This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.
If you have any questions, please contact me at 301-415-1119.
If you have any questions, please contact me at 301-415-1119.
Sincerely, IRA! Robert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-414  
Sincerely, IRA!
Robert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-414


==Enclosure:==
==Enclosure:==


Notice of Consideration cc w/encl: Distribution via Listserv DISTRIBUTION:
Notice of Consideration cc w/encl: Distribution via Listserv DISTRIBUTION:
PUBLIC LPL2-1 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl2-1 Resource RidsNrrLAMO'Brien Resource RidsNrrPMJonThompson Resource RidsOgcRp Resource RidsRgn2MailCenter Resource RidsNrrPMJohnStang Resource ADAMS Accession Nos.: ML09021 0535 ADM-012 OFFICE NRR/LPL2-1 NRR/LPL2-1 NRR/LPL2-1 NRR/LPL2-1 NAME JThompson MO'Brien MWong RMartin DATE 01/22/09 01121/09 01/22/09 01/22/09 OFFICIAL AGENCY RECORD}}
PUBLIC                                 LPL2-1 Reading RidsAcrsAcnw_MailCTR Resource           RidsNrrDorlDpr Resource RidsNrrDorlLpl2-1 Resource             RidsNrrLAMO'Brien Resource RidsNrrPMJonThompson Resource           RidsOgcRp Resource RidsRgn2MailCenter Resource             RidsNrrPMJohnStang Resource ADAMS Accession Nos.: ML090210535                                            ADM-012 NRR/LPL2-1           NRR/LPL2-1             NRR/LPL2-1           NRR/LPL2-1 OFFICE NAME       JThompson           MO'Brien               MWong               RMartin DATE       01/22/09           01121/09                 01/22/09             01/22/09 OFFICIAL AGENCY RECORD}}

Latest revision as of 09:47, 14 November 2019

Individual Notice of Consideration of Issuance of Amendment to Facility Operating License Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing
ML090210535
Person / Time
Site: Catawba Duke Energy icon.png
Issue date: 01/22/2009
From: Martin R
Plant Licensing Branch II
To: Morris J
Duke Energy Carolinas
Thompson, Jon 415-1119
References
TAC ME0403
Download: ML090210535 (10)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 22, 2009 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745 SUB"IECT: CATAWBA NUCLEAR STATION, UNIT 2 - INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403)

Dear Mr. Morris:

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," to the Office of the Federal Register for publication.

This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.

If you have any questions, please contact me at 301-415-1119.

Sincerely,

./:wJ*IJ/~

YRobert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-414

Enclosure:

Notice of Consideration cc w/encl: Distribution via Listserv

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE ENERGY CAROLINAS, LLC DOCKET NO. 50-414 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-52 issued to Duke Energy Carolinas, LLC (the licensee) for operation of the Catawba Nuclear Station, Unit 2, located in York County, South Carolina.

The proposed amendment would allow a one-time limited duration extension of the Technical Specification (TS) Surveillance (SR) 3.3.1.4 frequency. SR 3.3.1.4 is a Trip Actuating Device Operational Test (TADOT) of the reactor trip breakers (RTBs) and reactor trip bypass breakers.

Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.

The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS (10 CFR), Section 50.92, 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

-2 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 below:

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The Reactor Trip System (RTS) serves as accident mitigation equipment and is not required to function unless an accident occurs. The reactor trip bypass breakers are utilized to support testing of the reactor trip breakers (RTBs) while at power. This equipment does not affect any accident initiators or precursors. The proposed extension of the Technical Specification (TS)

Surveillance Requirement (SR) 3.3.1.4 Frequency for RTBs does not affect its interaction with any system whose failure or malfunction could initiate an accident. Therefore, the probability of an accident previously evaluated is not significantly increased.

The risk evaluation performed in support of this amendment request demonstrates that the consequences of an accident are not significantly increased. As such, 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 previously evaluated?

Response: No.

This change does not create the possibility of a new or different kind of accident from any accident previously evaluated. No new accident causal mechanisms are created as a result of the NRC granting of this proposed change. No changes are being made to the plant which will introduce any new or different accident causal mechanisms.

3. Does the proposed amendment involve a significant reduction in the margin of safety?

Response: No.

Based on the availability of the RTS equipment and the low probability of an accident, Catawba concludes that the proposed extension of the surveillance test interval does not result in a significant reduction in the margin of safety.

-3 The margin of safety is related to the confidence in the ability of the fission product barriers to perform their design functions during and following an accident situation. These barriers include the fuel cladding, the reactor coolant system, and the containment system. The performance of these fission product barriers will not be significantly impacted by the proposed change. The risk implications of this request were evaluated and found to be acceptable.

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 amendment request involves no significant hazards consideration.

The Commission is seeking public comments on this proposed determination. 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 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 3D-day comment period should circumstances change during the 3D-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 Signi"ficant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

Written comments may be submitted by mail to the Chief, Rulemaking, Directives

-4 and Editing Branch, TWB-05-B01 M, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice.

Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license.

Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.qov/readinq-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

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

-5 affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; 3) the nature and extent of the requestor's/petitioner's 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 requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.

Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements 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, and have the opportunity to participate fully in the conduct of the hearing.

-6 If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide 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 held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents "filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28,2007 (72 FR 49139). 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.

Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/ requestor must contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a digitallD certificate, which allows the participant (or its counselor representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counselor representative) already holds an NRC-issued digital ID

-7 certificate). Each petitioner/ requestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system.

The Workplace Forms Viewer' is free and is available at http://www.nrc.qov/site-help/e-submittals/install-viewer.html. Information about applying for a digitallD certificate is available on NRC's public website at http://www/nrc.gov/site-help/e-submittals/apply-certificates.html.

Once a petitioner/requestor has obtained a digitallD certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/e-submittals.htmI.Afiling is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11 :59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digitallD certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

A person filing electronically may seek assistance through the "Contact Us" link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.htmlor by calling

-8 the NRC electronic filing Help Desk, which is available between 8:00 a.m. and 8:00 p.m.,

Eastern Time, Monday through Friday. The electronic filing Help Desk can be contacted by telephone at 1-866-672-7640 or bye-mail at MSHD.Resource@nrc.gov.

Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:

Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff.

Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.

Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR § 2.309(c)(1 )(i)-(viii).

Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers,

-9 home addresses, or home phone numbers in their filings. 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 are requested not to include copyrighted materials in their submissions.

For further details with respect to this license amendment application, see the application for amendment dated January 20,2009, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or bye-mail to pdr.resource@nrc.gov.

Dated at Rockville, Maryland," this :2'.2. day of January 2009.

FOR THE NUCLEAR REGULATORY COMMISSION

/"? //zrJ!?~

/~Martin, Senior Project Manager v' Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

January 22, 2009 1\t1r. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745

SUBJECT:

CATAWBA NUCLEAR STATION, UNIT 2 -INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR HEARING (TAC NO. ME0403 )

Dear Mr. Morris:

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," to the Office of the Federal Register for publication.

This notice relates to your application dated January 20, 2009, in which you request a one-time exigent limited duration extension of Technical Specification Surveillance Requirement 3.3.1.4 Frequency.

If you have any questions, please contact me at 301-415-1119.

Sincerely, IRA!

Robert E. Martin, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-414

Enclosure:

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

PUBLIC LPL2-1 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl2-1 Resource RidsNrrLAMO'Brien Resource RidsNrrPMJonThompson Resource RidsOgcRp Resource RidsRgn2MailCenter Resource RidsNrrPMJohnStang Resource ADAMS Accession Nos.: ML090210535 ADM-012 NRR/LPL2-1 NRR/LPL2-1 NRR/LPL2-1 NRR/LPL2-1 OFFICE NAME JThompson MO'Brien MWong RMartin DATE 01/22/09 01121/09 01/22/09 01/22/09 OFFICIAL AGENCY RECORD

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