ML11196A022

July 26, 2011 Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations

ML11196A022
Person / Time
Site:	Palo Verde, Point Beach, Byron, Braidwood, North Anna, River Bend
Issue date:	07/15/2011
From:	Giitter J Division of Operating Reactor Licensing
To:
Clayton B
References
76FR44614, NRC20110167
Download: ML11196A022 (21)

Text

44614 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices fixtures, and electronic equipment. For costing $10,000 or less used in and their comments that they do not want many of these incidental items, U.S. incorporated into the project. With this publicly disclosed.

manufactured alternatives are not exemption, the agency hereby You may submit comments by any always readily or reasonably available. establishes a $1.5M ceiling for the total one of the following methods.

The miscellaneous character of these allowable value of de minimis

• Federal Rulemaking Web site: Go to manufactured goods, together with their exemptions used on this project. http://www.regulations.gov and search low individual cost, characterize them for documents filed under Docket ID Dated: July 7, 2011.

as items incidental to the project. NRC-NRC-2011-0167. Address Lawrence Rudolph, Requiring individual exemptions for questions about NRC dockets to Carol General Counsel. Gallagher 301-492-3668; e-mail low cost, incidental items would be time prohibitive and overly burdensome [FR Doc. 2011-18643 Filed 7-25-11; 8:45 am] Carol.Gallagher@nrc.gov.

for the awardee (University of Alaska, BILLING CODE 7555-01-P

• Mail comments to: Chief, Rules, Fairbanks), subcontractor (shipyard) and Announcements, and Directives Branch for NSF. Such a de minimis exemption (RADB), Office of Administration, Mail allows the award recipients to focus NUCLEAR REGULATORY Stop: TWB-05-B01M, U.S. Nuclear their efforts on the major manufactured COMMISSION Regulatory Commission, Washington, goods within the ARRV project. The DC 20555-0001.

[NRC-2011-0167]

terms and conditions of the award still

• Fax comments to: RADB at 301-require UAF to Buy American to the Biweekly Notice; Applications and 492-3446.

extent practicable for items less than Amendments to Facility Operating You can access publicly available

$10,000. Therefore, a limited project- Licenses Involving No Significant documents related to this notice using specific de minimis exemption for any Hazards Considerations the following methods:

such incidental item costing $10,000 or

• NRCs Public Document Room less used in and incorporated into the Background (PDR): The public may examine and ARRV project is justified in the public have copied, for a fee, publicly available Pursuant to Section 189a. (2) of the interest. The Department of Energy has documents at the NRCs PDR, Room O1-Atomic Energy Act of 1954, as amended issued a similar type of de minimis F21, One White Flint North, 11555 (the Act), the U.S. Nuclear Regulatory exemption, relating to its Office of Rockville Pike, Rockville, Maryland Commission (the Commission or NRC)

Energy Efficiency and Renewable 20852.

is publishing this regular biweekly

• NRCs Agencywide Documents Energy [75 FR 35447 (June 22, 2010)]. notice. The Act requires the At this phase in the ARRV project, it Access and Management System Commission publish notice of any (ADAMS): Publicly available documents is estimated that only $750,000 of amendments issued, or proposed to be incidental items will require use of the created or received at the NRC are issued and grants the Commission the accessible electronically through de minimis exemption. To ensure authority to issue and make proper oversight with regard to use of ADAMS in the NRC Library at http://

immediately effective any amendment www.nrc.gov/reading-rm/adams.html.

this exemption within the project, the to an operating license upon a agency hereby establishes an allowable From this page, the public can gain determination by the Commission that entry into ADAMS, which provides text ceiling of $1.5M for the application of such amendment involves no significant and image files of the NRCs public this de minimis exemption; this hazards consideration, notwithstanding documents. If you do not have access to represents approximately 2.5% of the the pendency before the Commission of ADAMS or if there are problems in total value of materials used in the a request for a hearing from any person. accessing the documents located in vessel. (Since the previously-granted This biweekly notice includes all ADAMS, contact the NRCs PDR exemptions for the purchase of ARRV notices of amendments issued, or reference staff at 1-800-397-4209, 301-equipment were not granted on this de proposed to be issued from June 30, 415-4737, or by e-mail to minimis basis, but instead because there 2011 to July 13, 2011. The last biweekly pdr.resource@nrc.gov.

was not a domestic manufacturer of the notice was published on July 12, 2011

• Federal Rulemaking Web site:

qualifying equipment, those purchases (76 FR 40937). Public comments and supporting do not fall within the $1.5M ceiling for the use of this de minimis exemption.) ADDRESSES: Please include Docket ID materials related to this notice can be Issuance of this limited project- NRC-2011-0167 in the subject line of found at http://www.regulations.gov by specific exemption recognizes NSFs your comments. Comments submitted in searching on Docket ID: NRC-2011-commitment to expeditious spending of writing or in electronic form will be 0167.

Recovery Act dollars balanced against posted on the NRC Web site and on the Federal rulemaking Web site http:// Notice of Consideration of Issuance of the need for efficient implementation of www.regulations.gov. Because your Amendments to Facility Operating the Recovery Act provision while still comments will not be edited to remove Licenses, Proposed No Significant maintaining the Buy American any identifying or contact information, Hazards Consideration Determination, requirements for manufactured goods the NRC cautions you against including and Opportunity for a Hearing that are greater than the de minimis amount of $10,000. any information in your submission that The Commission has made a you do not want to be publicly proposed determination that the III. Exemption disclosed. following amendment requests involve On July 6, 2011, and under the The NRC requests that any party no significant hazards consideration.

sroberts on DSK5SPTVN1PROD with NOTICES authority of section 1605(b)(1) of the soliciting or aggregating comments Under the Commissions regulations in Public Law 111-5 and delegation order received from other persons for Title 10 of the Code of Federal dated 27 May 2010, with respect to the submission to the NRC inform those Regulations (10 CFR), 50.92, this means Alaska Region Research Vessel Project persons that the NRC will not edit their that operation of the facility in funded by NSF, the NSF Chief Financial comments to remove any identifying or accordance with the proposed Officer granted a limited project contact information, and therefore, they amendment would not (1) Involve a exemption for any incidental item should not include any information in significant increase in the probability or VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 44615 consequences of an accident previously Chief Administrative Judge of the If a hearing is requested, the evaluated; or (2) create the possibility of Atomic Safety and Licensing Board Commission will make a final a new or different kind of accident from Panel, will rule on the request and/or determination on the issue of no any accident previously evaluated; or petition; and the Secretary or the Chief significant hazards consideration. The (3) involve a significant reduction in a Administrative Judge of the Atomic final determination will serve to decide margin of safety. The basis for this Safety and Licensing Board will issue a when the hearing is held. If the final proposed determination for each notice of a hearing or an appropriate determination is that the amendment amendment request is shown below. order. request involves no significant hazards The Commission is seeking public As required by 10 CFR 2.309, a consideration, the Commission may comments on this proposed petition for leave to intervene shall set issue the amendment and make it determination. Any comments received forth with particularity the interest of immediately effective, notwithstanding within 30 days after the date of the petitioner in the proceeding, and the request for a hearing. Any hearing publication of this notice will be how that interest may be affected by the held would take place after issuance of considered in making any final results of the proceeding. The petition the amendment. If the final determination. should specifically explain the reasons determination is that the amendment Normally, the Commission will not why intervention should be permitted request involves a significant hazards issue the amendment until the with particular reference to the consideration, then any hearing held expiration of 60 days after the date of following general requirements: (1) The would take place before the issuance of publication of this notice. The name, address, and telephone number of any amendment.

Commission may issue the license the requestor or petitioner; (2) the All documents filed in NRC amendment before expiration of the 60- nature of the requestors/petitioners adjudicatory proceedings, including a day period provided that its final right under the Act to be made a party request for hearing, a petition for leave determination is that the amendment to the proceeding; (3) the nature and to intervene, any motion or other involves no significant hazards extent of the requestors/petitioners document filed in the proceeding prior consideration. In addition, the property, financial, or other interest in to the submission of a request for Commission may issue the amendment the proceeding; and (4) the possible hearing or petition to intervene, and prior to the expiration of the 30-day effect of any decision or order which documents filed by interested comment period should circumstances may be entered in the proceeding on the governmental entities participating change during the 30-day comment requestors/petitioners interest. The under 10 CFR 2.315(c), must be filed in period such that failure to act in a petition must also identify the specific accordance with the NRC E-Filing rule timely way would result, for example in contentions which the requestor/ (72 FR 49139, August 28, 2007). The E-derating or shutdown of the facility. petitioner seeks to have litigated at the Filing process requires participants to Should the Commission take action proceeding. submit and serve all adjudicatory prior to the expiration of either the Each contention must consist of a documents over the internet, or in some comment period or the notice period, it specific statement of the issue of law or cases to mail copies on electronic will publish in the Federal Register a fact to be raised or controverted. In storage media. Participants may not notice of issuance. Should the addition, the requestor/petitioner shall submit paper copies of their filings Commission make a final No Significant provide a brief explanation of the bases unless they seek an exemption in Hazards Consideration Determination, for the contention and a concise accordance with the procedures any hearing will take place after statement of the alleged facts or expert described below.

issuance. The Commission expects that opinion which support the contention To comply with the procedural the need to take this action will occur and on which the requestor/petitioner requirements of E-Filing, at least 10 very infrequently. intends to rely in proving the contention days prior to the filing deadline, the Within 60 days after the date of at the hearing. The requestor/petitioner participant should contact the Office of publication of this notice, any person(s) must also provide references to those the Secretary by e-mail at whose interest may be affected by this specific sources and documents of hearing.docket@nrc.gov, or by telephone action may file a request for a hearing which the petitioner is aware and on at 301-415-1677, to request (1) a digital and a petition to intervene with respect which the requestor/petitioner intends identification (ID) certificate, which to issuance of the amendment to the to rely to establish those facts or expert allows the participant (or its counsel or subject facility operating license. opinion. The petition must include representative) to digitally sign Requests for a hearing and a petition for sufficient information to show that a documents and access the E-Submittal leave to intervene shall be filed in genuine dispute exists with the server for any proceeding in which it is accordance with the Commissions applicant on a material issue of law or participating; and (2) advise the Rules of Practice for Domestic fact. Contentions shall be limited to Secretary that the participant will be Licensing Proceedings in 10 CFR part matters within the scope of the submitting a request or petition for

2. Interested person(s) should consult a amendment under consideration. The hearing (even in instances in which the current copy of 10 CFR 2.309, which is contention must be one which, if participant, or its counsel or available at the NRCs PDR, located at proven, would entitle the requestor/ representative, already holds an NRC-One White Flint North, Room O1-F21, petitioner to relief. A requestor/ issued digital ID certificate). Based upon 11555 Rockville Pike (first floor), petitioner who fails to satisfy these this information, the Secretary will Rockville, Maryland 20852. NRC requirements with respect to at least one establish an electronic docket for the regulations are accessible electronically contention will not be permitted to hearing in this proceeding if the sroberts on DSK5SPTVN1PROD with NOTICES from the NRC Library on the NRC Web participate as a party. Secretary has not already established an site at http://www.nrc.gov/reading-rm/ Those permitted to intervene become electronic docket.

doc-collections/cfr/. If a request for a parties to the proceeding, subject to any Information about applying for a hearing or petition for leave to intervene limitations in the order granting leave to digital ID certificate is available on is filed by the above date, the intervene, and have the opportunity to NRCs public Web site at http://

Commission or a presiding officer participate fully in the conduct of the www.nrc.gov/site-help/e-submittals/

designated by the Commission or by the hearing. apply-certificates.html. System VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

44616 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices requirements for accessing the E- Desk through the Contact Us link timely filings will not be entertained Submittal server are detailed in NRCs located on the NRC Web site at http:// absent a determination by the presiding Guidance for Electronic Submission, www.nrc.gov/site-help/e- officer that the petition or request which is available on the agencys submittals.html, by e-mail at should be granted or the contentions public Web site at http://www.nrc.gov/ MSHD.Resource@nrc.gov, or by a toll- should be admitted, based on a site-help/e-submittals.html. Participants free call at 1-866-672-7640. The NRC balancing of the factors specified in 10 may attempt to use other software not Meta System Help Desk is available CFR 2.309(c)(1)(i)-(viii).

listed on the Web site, but should note between 8 a.m. and 8 p.m., Eastern For further details with respect to this that the NRCs E-Filing system does not Time, Monday through Friday, license amendment application, see the support unlisted software, and the NRC excluding government holidays. application for amendment which is Meta System Help Desk will not be able Participants who believe that they available for public inspection at the to offer assistance in using unlisted have a good cause for not submitting NRCs PDR, located at One White Flint software. documents electronically must file an North, Room O1-F21, 11555 Rockville If a participant is electronically exemption request, in accordance with Pike (first floor), Rockville, Maryland submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper 20852. Publicly available documents accordance with the E-Filing rule, the filing requesting authorization to created or received at the NRC are participant must file the document continue to submit documents in paper accessible electronically through using the NRCs online, Web-based format. Such filings must be submitted ADAMS in the NRC Library at http://

submission form. In order to serve by: (1) first class mail addressed to the www.nrc.gov/reading-rm/adams.html.

documents through the Electronic Office of the Secretary of the Persons who do not have access to Information Exchange System, users Commission, U.S. Nuclear Regulatory ADAMS or who encounter problems in will be required to install a Web Commission, Washington, DC 20555- accessing the documents located in browser plug-in from the NRC Web site. 0001, Attention: Rulemaking and ADAMS, should contact the NRC PDR Further information on the Web-based Adjudications Staff; or (2) courier, Reference staff at 1-800-397-4209, 301-submission form, including the express mail, or expedited delivery 415-4737, or by e-mail to installation of the Web browser plug-in, service to the Office of the Secretary, pdr.resource@nrc.gov.

is available on the NRCs public Web Sixteenth Floor, One White Flint North, site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, Entergy Gulf States Louisiana, LLC, and submittals.html. Maryland 20852, Attention: Rulemaking Entergy Operations, Inc., Docket No.

Once a participant has obtained a and Adjudications Staff. Participants 50-458, River Bend Station, Unit 1, digital ID certificate and a docket has filing a document in this manner are West Feliciana Parish, Louisiana been created, the participant can then responsible for serving the document on Date of amendment request: June 10, submit a request for hearing or petition all other participants. Filing is 2011.

for leave to intervene. Submissions considered complete by first-class mail should be in Portable Document Format Description of amendment request:

as of the time of deposit in the mail, or (PDF) in accordance with NRC guidance The proposed amendment would revise by courier, express mail, or expedited available on the NRC public Web site at delivery service upon depositing the the Technical Specifications (TSs) to http://www.nrc.gov/site-help/e- document with the provider of the add a new limiting condition for submittals.html. A filing is considered service. A presiding officer, having operation (LCO) Applicability complete at the time the documents are granted an exemption request from requirement, LCO 3.0.9, and its submitted through the NRCs E-Filing using E-Filing, may require a participant associated Bases, relating to the system. To be timely, an electronic or party to use E-Filing if the presiding modification of requirements regarding filing must be submitted to the E-Filing officer subsequently determines that the the impact of unavailable barriers, not system no later than 11:59 p.m. Eastern reason for granting the exemption from explicitly addressed in TSs, but Time on the due date. Upon receipt of use of E-Filing no longer exists. required for operability of supported a transmission, the E-Filing system Documents submitted in adjudicatory systems in TSs. This change is time-stamps the document and sends proceedings will appear in NRCs consistent with NRC-approved the submitter an e-mail notice electronic hearing docket which is Technical Specification Task Force confirming receipt of the document. The available to the public at http:// (TSTF) Improved Standard Technical E-Filing system also distributes an e- ehd1.nrc.gov/EHD/, unless excluded Specification Change Traveler, TSTF-mail notice that provides access to the pursuant to an order of the Commission, 427, Revision 2, Allowance for Non document to the NRC Office of the or the presiding officer. Participants are Technical Specification Barrier General Counsel and any others who requested not to include personal Degradation on Supported System have advised the Office of the Secretary privacy information, such as social OPERABILITY.

that they wish to participate in the security numbers, home addresses, or The NRC staff issued a Notice of proceeding, so that the filer need not home phone numbers in their filings, Opportunity to Comment in the Federal serve the documents on those unless an NRC regulation or other law Register on June 2, 2006 (71 FR 32145),

participants separately. Therefore, requires submission of such on possible amendments to revise the applicants and other participants (or information. With respect to plant-specific TSs, including a model their counsel or representative) must copyrighted works, except for limited safety evaluation and model no apply for and receive a digital ID excerpts that serve the purpose of the significant hazards consideration certificate before a hearing request/ adjudicatory filings and would determination using the consolidated sroberts on DSK5SPTVN1PROD with NOTICES petition to intervene is filed so that they constitute a Fair Use application, line item improvement process. The can obtain access to the document via participants are requested not to include NRC staff subsequently issued a Notice the E-Filing system. copyrighted materials in their of Availability of this TS improvement A person filing electronically using submission. in the Federal Register on October 3, the agencys adjudicatory E-Filing Petitions for leave to intervene must 2006 (71 FR 58444). The licensee system may seek assistance by be filed no later than 60 days from the affirmed the applicability of the model contacting the NRC Meta System Help date of publication of this notice. Non- no significant hazards consideration VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 44617 determination in its application dated Criterion 3The Proposed Change Does maintenance and issuance of updates to June 10, 2011. Not Involve a Significant Reduction in the TOCs will transfer from the U.S.

Basis for proposed no significant the Margin of Safety Nuclear Regulatory Commission (NRC) hazards consideration determination: to the licensee. The TOCs will no longer The proposed change allows a delay As required by 10 CFR 50.91(a), an be included in the TSs and, as such, time for entering a supported system TS analysis of the issue of no significant will no longer be part of Appendix A to when the inoperability is due solely to hazards consideration is presented the Operating License.

an unavailable barrier, if risk is assessed below: Basis for proposed no significant and managed. The postulated initiating Criterion 1The Proposed Change Does hazards consideration determination:

events which may require a functional Not Involve a Significant Increase in the As required by 10 CFR 50.91(a), the barrier are limited to those with low Probability or Consequences of an licensee has provided its analysis of the frequencies of occurrence, and the Accident Previously Evaluated issue of no significant hazards overall TS system safety function would consideration, which is presented The proposed change allows a delay still be available for the majority of below:

time for entering a supported system anticipated challenges. The risk impact technical specification (TS) when the of the proposed TS changes was 1. Does the proposed amendment involve assessed following the three-tiered a significant increase in the probability or inoperability is due solely to an consequences of an accident previously unavailable barrier if risk is assessed approach recommended in [NRC evaluated?

and managed. The postulated initiating Regulatory Guide (RG) 1.177, An Response: No.

events which may require a functional Approach for Plant-Specific, Risk- The proposed amendment is barrier are limited to those with low Informed Decisionmaking: Technical administrative and affects control of a frequencies of occurrence, and the Specifications]. A bounding risk document, the TOCs, listing the overall TS system safety function would assessment was performed to justify the specifications in the plant TSs. Transferring still be available for the majority of proposed TS changes. This application control from the NRC to NextEra does not of LCO 3.0.9 is predicated upon the affect the operation, physical configuration, anticipated challenges. Therefore, the licensees performance of a risk or function of plant equipment or systems.

probability of an accident previously The proposed amendment does not impact evaluated is not significantly increased, assessment and the management of the initiators or assumptions of analyzed if at all. The consequences of an plant risk. The net change to the margin events, nor does it impact the mitigation of accident while relying on the allowance of safety is insignificant as indicated by accidents or transient events.

provided by proposed LCO 3.0.9 are no the anticipated low levels of associated Therefore, the proposed amendment does different than the consequences of an risk (ICCDP [incremental conditional not involve a significant increase in the accident while relying on the TS core damage probability] and ICLERP probability or consequences of an accident required actions in effect without the [incremental conditional large early previously evaluated.

allowance provided by proposed LCO release probability]) as shown in Table 2. Does the proposed amendment create 1 of Section 3.1.1 in the Safety the possibility of a new or different kind of 3.0.9. Therefore, the consequences of an accident from any accident previously accident previously evaluated are not Evaluation. Therefore, this change does evaluated?

significantly affected by this change. not involve a significant reduction in a Response: No.

The addition of a requirement to assess margin of safety. The proposed amendment is and manage the risk introduced by this The NRC staff has reviewed the administrative and does not alter plant change will further minimize possible analysis and, based on this review, it configuration, require installation of new concerns. Therefore, this change does appears that the three standards of 10 equipment, alter assumptions about not involve a significant increase in the CFR 50.92(c) are satisfied. Therefore, the previously analyzed accidents, or impact probability or consequences of an NRC staff proposes to determine that the operation or function of plant equipment or amendment request involves no systems.

accident previously evaluated.

Therefore, this proposed amendment does significant hazards consideration. not create the possibility of a new or different Criterion 2The Proposed Change Does Attorney for licensee: Joseph A. kind of accident from any accident Not Create the Possibility of a New or Aluise, Associate General Council previously evaluated.

Different Kind of Accident From any Nuclear, Entergy Services, Inc., 639 3. Does the proposed amendment involve Previously Evaluated Loyola Avenue, New Orleans, Louisiana a significant reduction in a margin of safety?

The proposed change does not 70113. Response: No.

involve a physical alteration of the plant NRC Branch Chief: Michael T. The proposed amendment is (no new or different type of equipment Markley. administrative. The TOCs is not required by will be installed). Allowing delay times regulation to be in the TSs. Removal does not for entering supported system TS when NextEra Energy Point Beach, LLC impact any safety assumptions or have the inoperability is due solely to an (NextEra, the Licensee), Docket Nos. potential to reduce a margin of safety. The 50-266 and 50-301, Point Beach proposed amendment involves a transfer of unavailable barrier, if risk is assessed control of the TOCs from the NRC to NextEra.

and managed, will not introduce new Nuclear Plant, Units 1 and 2, Town of Two Creeks, Manitowac County, No change in the technical content of the TSs failure modes or effects and will not, in is involved. Consequently, transfer from the the absence of other unrelated failures, Wisconsin NRC to NextEra has no impact on the margin lead to an accident whose consequences Date of amendment request: June 23, of safety.

exceed the consequences of accidents 2011. Therefore, the proposed amendment does previously evaluated. The addition of a Description of amendment request: not involve a significant reduction in a sroberts on DSK5SPTVN1PROD with NOTICES requirement to assess and manage the The proposed amendment will remove margin of safety.

risk introduced by this change will the Table of Contents from the The NRC staff has reviewed the further minimize possible concerns. Technical Specifications and place it licensees analysis and, based on this Thus, this change does not create the under licensee control. The Table of review, it appears that the three possibility of a new or different kind of Contents (TOCs) for the Technical standards of 10 CFR 50.92(c) are accident from an accident previously Specifications (TSs) is not being satisfied. Therefore, the NRC staff evaluated. eliminated. The responsibility for proposes to determine that the VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

44618 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices amendment request involves no DIWRB-2M and VIPRE-DIW-3 code/ standards of 50.92(c) are satisfied.

significant hazards consideration. correlation pairs to perform licensing Therefore, the NRC staff proposes to Attorney for licensee: William Blair, calculations of Westinghouse RFA-2 fuel in determine that the amendment request Senior Attorney, NextEra Energy Point North Anna cores will not result in a measurable impact on normal operating plant involves no significant hazards Beach, LLC, P.O. Box 14000, Juno releases and will not increase the predicted consideration.

Beach, FL 33408-0420. radiological consequences of accidents Attorney for licensee: Lillian M.

NRC Branch Chief: Robert J. postulated in the UFSAR [Updated Final Cuoco, Senior Counsel, Dominion Pascarelli. Safety Analysis Report]. Resources Services, Inc., 120 Tredegar Therefore, neither the probability of Street, RS-2, Richmond, VA 23219.

Virginia Electric and Power Company, occurrence nor the consequences of any NRC Branch Chief: Gloria Kulesa.

Docket Nos. 50-338 and 50-339, North accident previously evaluated is significantly Anna Power Station, Unit 1 and 2, increased. Previously Published Notices of Louisa County, Virginia 2. Does the change create the possibility of Consideration of Issuance of a new or different kind of accident from any Amendments to Facility Operating Date of amendment request: July 19, accident previously evaluated? Licenses, Proposed No Significant 2010, as supplemented September 9, Response: No.

2010, January 26, May 16, and June 23, Hazards Consideration Determination, The proposed change does not involve a 2011. physical alteration of the plant (no new or and Opportunity for a Hearing Description of amendment request: different type of equipment will be installed). The following notices were previously Changes are proposed to the Technical The use of VIPRE-D/WRB-2M and the published as separate individual Specifications to include an analytical VIPRE-D/W-3 code/correlation pairs and the notices. The notice content was the methodology for the critical heat flux applicable fuel design limits for DNBR does same as above. They were published as correlation. not impact any of the applicable design criteria and the licensing basis criteria will individual notices either because time Basis for proposed no significant did not allow the Commission to wait continue to be met. Demonstrated adherence hazards consideration determination: to these standards and criteria precludes new for this biweekly notice or because the As required by 10 CFR 50.91(a), the challenges to components and systems that action involved exigent circumstances.

licensee has provided its analysis of the could introduce a new type of accident. They are repeated here because the issue of no significant hazards Setpoint safety analysis evaluations have biweekly notice lists all amendments consideration, which is presented demonstrated that the use of VIPRE-D/WRB- issued or proposed to be issued below: 2M and VIPRE-D/W3 is acceptable. Design involving no significant hazards and performance criteria will continue to be

1. Does the change involve a significant met and no new single failure mechanisms consideration.

increase in the probability or consequences will be created. The use of the VIPRE-D/ For details, see the individual notice of an accident previously evaluated? WRB-2M and VIPRE-D/W-3 code/ in the Federal Register on the day and Response: No. correlation pairs and the Statistical DNBR page cited. This notice does not extend Approval of the proposed changes will Evaluation Methodology does not involve the notice period of the original notice.

allow Dominion to use the VIPRE [Versatile any alteration to plant equipment or Internals and Components Program for procedures that would introduce any new or Arizona Public Service Company, et al.,

ReactorsEPRI]-DIWRB-2M and VIPRE- unique operational modes or accident Docket Nos. STN 50-528, STN 50-529, DIW-3 code/correlation pairs to perform precursors. Thus, this change does not create and STN 50-530, Palo Verde Nuclear licensing calculations of Westinghouse RFA- the possibility of a new or different kind of Generating Station, Units 1, 2, and 3, 2 fuel in North Anna Cores, using the DDLs accident from any accident previously

[deterministic design limits] documented in Maricopa County, Arizona evaluated.

Appendix C of the DOM-NAF-2-A Fleet 3. Does this change involve a significant Date of amendment request: August Report and the SDL [statistical design limit] reduction in a margin of safety? 27, 2010, as supplemented by letters documented herein. Neither the code/ Response: No. dated February 11 and May 25, 2011.

correlation pair nor the Statistical Departure Approval of the proposed changes will Brief description of amendment from Nucleate Boiling Ratio (DNBR) allow Dominion to use the VIPRE-D/WRB- request: The proposed amendment Evaluation Methodology affect accident 2M and VIPRE-D/W-3 code/correlation pairs initiators and thus cannot increase the would revise the feedwater line break to perform licensing calculations of with loss of offsite power and single probability of any accident. Further, since Westinghouse RFA-2 fuel in North Anna both the deterministic and statistical DNBR failure (FWLB/LOP/SF) analysis cores, using the DDLs documented in limits meet the required design basis of Appendix C of the DOM-NAF-2-A Fleet summarized in the Palo Verde Nuclear avoiding Departure from Nucleate Boiling Report and the SDL documented herein. The Generating Station Updated Safety (DNB) with 95% probability at a 95% SDL has been developed in accordance with Analysis Report. The revision would confidence level, the use of the new code/ the Statistical DNBR Evaluation change the credited operator action to correlation and Statistical DNBR Evaluation Methodology. North Anna TS 2.1, Safety 20 minutes from 30 minutes to control Methodology do not increase the potential Limits, specifies that any DNBR limit consequences of any accident. Finally, the the pressurizer level. The revision established by any code/correlation must would also revise the rate of reactor full core DNB design limit provides increased provide at least 95% non-DNB probability at assurance that the consequences of a coolant pump (RCP) bleed-off to the a 95% confidence level. The DNBR limits postulated accident which includes meet the design basis of avoiding DNB with reactor drain tank from three gallons per radioactive release would be minimized 95% probability at a 95% confidence level. minute to zero.

because the overall number of rods in DNB The required DNBR margin of safety for Date of publication of individual would not exceed the 0.1% level. The North Anna Power Station, which in this notice in Federal Register: June 28, pertinent evaluations to be performed as part case is the margin between the 95/95 DNBR 2011 (76 FR 37853).

of the cycle specific reload safety analysis to limit and clad failure, is therefore not Expiration date of individual notice:

sroberts on DSK5SPTVN1PROD with NOTICES confirm that the existing safety analyses reduced.

remain applicable have been performed and July 28, 2011, for comments and August Therefore, the proposed TS change does 29, 2011, for hearings.

determined to be acceptable. The use of a not involve a significant reduction in a different code/correlation pair will not margin of safety. Notice of Issuance of Amendments to increase the probability of an accident Facility Operating Licenses because plant systems will not be operated in The NRC staff has reviewed the a different manner, and system interfaces licensees analysis and, based on this During the period since publication of will not change. The use of the VIPRE- review, it appears that the three the last biweekly notice, the VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 44619 Commission has issued the following Brief description of amendment: The This Confirmatory Order is the result amendments. The Commission has license amendments revise Technical of an agreement reached during an determined for each of these Specifications (TS) Section 3.4.12, Low alternative dispute resolution (ADR) amendments that the application Temperature Overpressure Protection mediation session conducted on May complies with the standards and (LTOP) System, to correct an 25, 2011, at the NRC Region IV offices requirements of the Atomic Energy Act inconsistency between the TS, and in Arlington, Texas.

of 1954, as amended (the Act), and the implementation of procedures and II Commissions rules and regulations. administrative controls for Safety The Commission has made appropriate Injection pumps required to mitigate a On January 27, 2010, the NRC findings as required by the Act and the postulated loss of decay heat removal conducted a routine unannounced Commissions rules and regulations in during mid-loop operation as discussed inspection of the Bozeman Deaconess 10 CFR Chapter I, which are set forth in in NRC Generic Letter 88-17, Loss of Hospital facility to evaluate radiation the license amendment. Decay Heat Removal. safety and security, as well as Notice of Consideration of Issuance of Date of issuance: June 29, 2011. compliance with Commission rules and Amendment to Facility Operating Effective date: As of the date of regulations and the conditions of the License, Proposed No Significant issuance and shall be implemented license. During the inspection, it was Hazards Consideration Determination, within 60 days. determined that an employee of and Opportunity for A Hearing in Amendment Nos.: 167, 167, 174, 174. Bozeman Deaconess Hospital failed to connection with these actions was Facility Operating License Nos. NPF- secure radioactive materials from published in the Federal Register as 72, NPF-77, NPF-37, and NPF-66: The unauthorized access or removal from amendments revise the TSs and license. the facilitys nuclear medicine indicated.

Date of initial notice in Federal laboratory (hot lab). On March 8, 2010, Unless otherwise indicated, the the NRC Office of Investigations (OI),

Commission has determined that these Register: October 5, 2010 (75 FR 61526).

The August 24, 2010, and January 13, Region IV, began an investigation (OI amendments satisfy the criteria for Case No. 4-2010-033) to determine categorical exclusion in accordance 2011, supplements contained clarifying information and did not change the NRC whether employees from Bozeman with 10 CFR 51.22. Therefore, pursuant Deaconess Hospital willfully failed to to 10 CFR 51.22(b), no environmental staffs initial proposed finding of no significant hazards consideration. secure radioactive material during impact statement or environmental periods when authorized personnel assessment need be prepared for these The Commissions related evaluation of the amendments is contained in a were absent from the hot lab. Based on amendments. If the Commission has the results of the inspection and the prepared an environmental assessment safety evaluation dated June 29, 2011.

No significant hazards consideration evidence developed during the under the special circumstances investigation, the NRC identified two provision in 10 CFR 51.22(b) and has comments received: No.

apparent violations. The first apparent made a determination based on that Dated at Rockville, Maryland, this 15th day violation involved a willful failure to assessment, it is so indicated. of July 2011.

secure licensed materials from For further details with respect to the For the Nuclear Regulatory Commission.

unauthorized removal or access as action see (1) The applications for Joseph G. Giitter, required by 10 CFR 20.1801. The second amendment, (2) the amendment, and (3) Director, Division of Operating Reactor violation involved a failure to control the Commissions related letter, Safety Licensing, Office of Nuclear Reactor and maintain constant surveillance of Evaluation and/or Environmental Regulation. licensed material as required by 10 CFR Assessment as indicated. All of these [FR Doc. 2011-18525 Filed 7-25-11; 8:45 am] 20.1802.

items are available for public inspection BILLING CODE 7590-01-P By letter dated April 12, 2011, the at the NRCs Public Document Room NRC transmitted the results of the (PDR), located at One White Flint North, inspection and a factual summary of Room O1-F21, 11555 Rockville Pike NUCLEAR REGULATORY OIs Investigation Report 4-2010-033 to (first floor), Rockville, Maryland 20852. COMMISSION Bozeman Deaconess Hospital. In the Publicly available documents created or [ Docket No. 030-33305; License No. 25- April 12 letter, the NRC informed the received at the NRC are accessible 10994-04; EA-10-258; NRC-2011-0163] Licensee that the NRC was considering electronically through the Agencywide escalated enforcement action for the Documents Access and Management In the Matter of Bozeman Deaconess apparent violations. The NRC offered System (ADAMS) in the NRC Library at Foundation, dba Bozeman Deaconess the Licensee the opportunity to request http://www.nrc.gov/reading-rm/ Hospital, Bozeman, MT; Confirmatory a predecisional enforcement conference adams.html. If you do not have access Order Modifying License; (Effective or request ADR with the NRC in an to ADAMS or if there are problems in Immediately) attempt to resolve issues associated with accessing the documents located in this matter. In response, on April 21, ADAMS, contact the PDR Reference I 2011, Bozeman Deaconess Hospital staff at 1-800-397-4209, 301-415-4737 Bozeman Deaconess Hospital requested ADR to resolve this matter or by email to pdr.resource@nrc.gov. (Licensee) is the holder of Materials with the NRC.

License No. 25-10994-04 issued by the On May 25, 2011, the NRC and Exelon Generation Company, LLC, Nuclear Regulatory Commission (NRC Licensee representatives met in an ADR Docket Nos. STN 50-456 and STN 50-or the Commission) pursuant to Title 10 session with a professional mediator, sroberts on DSK5SPTVN1PROD with NOTICES 457, Braidwood Station, Units 1 and 2, of the Code of Federal Regulations (10 arranged through the Cornell University Will County, Illinois; Docket Nos. STN CFR) parts 30 and 35. The license Institute on Conflict Resolution. ADR is 50-454 and STN 50-455, Byron Station, authorizes the operation of the a process in which a neutral mediator Unit 1 and 2, Ogle County, Illinois Licensees facility in accordance with with no decision-making authority Date of application for amendment: the conditions specified therein, at 915 assists the parties in reaching an June 29, 2010, as supplemented on Highland Boulevard, Bozeman, agreement on resolving any differences August 24, 2010, and January 13, 2011. Montana. regarding the dispute. This VerDate Mar<15>2010 16:12 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1