ML24208A049
| ML24208A049 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 07/30/2024 |
| From: | James Kim Plant Licensing Branch 1 |
| To: | Rhoades D Constellation Energy Generation, Constellation Nuclear |
| Poole J | |
| References | |
| EPID L-2023-LLA-0109 | |
| Download: ML24208A049 (1) | |
Text
July 30, 2024
Mr. David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO RENEWED FACILITY OPERATING LICENSES, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING (EPID L-2023-LLA-0109)
Dear David Rhoades:
The U.S. Nuclear Regulatory Commission has forwarded the enclosed notice of consideration of issuance of amendment to renewed facility operating licenses, 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 August 3, 2023, as supplemented by letters dated August 31, 2023, February 28, 2024, March 25, 2024, and July 29, 2024 (Agencywide Documents Access and Management System Accession Nos. ML23215A012, ML23243A946, ML24059A130, ML24085A233, and ML24211A122, respectively), in which you requested to revise the technical specifications based on the updated fuel handling accident analysis.
D. Rhoades
If you have any questions, please contact me at 301-415-4125.
Sincerely,
/RA/
James S. Kim, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Docket No. 50-333
Enclosure:
Notice of Consideration
cc: Listserv
ENCLOSURE
FEDERAL REGISTER NOTICE
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2024-0137]
Constellation Energy Generation, LLC;
James A. FitzPatrick Nuclear Power Plant ;
License Amendment Request
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to comment, request a hearing, and petition for leave to intervene.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of
an amendment to Renewed Facility Operating License No. DPR-59, issued to
Constellation Energy Generation, LLC (Constellation, the licensee), for operation of the
James A. FitzPatrick Nuclear Power Plant. The proposed amendment would revise the
technical specifications based on the updated fuel handling accident analysis.
DATES: Submit comments by [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will
be considered if it is practical to do so, but the NRC is able to ensure consideration only
of comments received on or before this date. Requests for a hearing or petition for leave
to intervene must be filed by [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: You may submit comments by any of the following methods; however,
the NRC encourages electronic comment submission through the Federal rulemaking
website.
- Federal rulemaking website: Go to https://www.regulations.gov and search
for Docket ID NRC-2024-0137. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact
section of this document.
- Mail comments to: Office of Administration, Mail Stop: TWFN-7 -A60M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program
Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting comments, see
Obtaining Information and Submitting Comments in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: James Kim, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-4125; email: James.Kim @nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0137 when contacting the NRC about the
availability of information for this action. You may obtain publicly available information
related to this action by any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024-013 7.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800 -397-4209, at
2 301-415-4737, or by email to PDR.Resource@nrc.gov. The license amendment request
and supplements are available in ADAMS under Accession Nos. ML23215A012,
ML23243A946, ML24059A130, ML24085A233 (package), and ML24211A122.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800 -397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the Federal
rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-
2024-0137 in your comment submission.
The NRC cautions you not to include identifying or contact information that you
do not want to be publicly disclosed in your comment submission. The NRC will post all
comment submissions at https://www.regulations.gov as well as enter the comment
submissions into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons for
submission to the NRC, then you should inform those persons not to include identifying
or contact information that they do not want to be publicly disclosed in their comment
submission. Your request should state that the NRC does not routinely edit comment
submissions to remove such information before making the comment submissions
available to the public or entering the comment into ADAMS.
3 II. Introduction
The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. DPR-59, issued to Constellation Energy Generation, LLC, for
operation of the James A. FitzPatrick Nuclear Power Plant, located in Scriba, New York.
The proposed amendment would revise the technical specifications based on the
updated fuel handling accident analysis.
Before issuance of the proposed license amendment, the NRC will need to make
the findings required by the Atomic Energy Act of 1954, as amended (the Act), and
NRC s regulations.
The NRC has made a proposed determination that the license amendment
request involves no significant hazards consideration. Under the NRC s regulations in
section 50.92 of title 10 of the Code of Federal Regulations (10 CFR), Issuance of
amendment, this means that operation of the facility in accordance with the proposed
amendment would not (1) involve a significant increase in the probability or
consequences of an accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated; or (3) involve a
significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee
has provided its analysis of the issue of no significant hazards consideration, which is
presented as follows:
- 1. Does the proposed amendment involve a significant increase in the probability
or consequences of an accident previously evaluated?
Response: No.
The proposed amendment does not change any behavior or operation of the
Fuel Handling Equipment due to transition from Refuel Bridge Mast NF-400 to NF-500
and time definition for Recently Irradiated Fuel.
4 The proposed change results in an increase in the Fuel Handling Accident (FHA)
analysis radiological dose to a Control Room occupant. However, the resultant FHA
Control Room dose consequences remain within the acceptance criteria provided by the
NRC for use with the Alternative Source Term. These criteria are presented in 10 CFR
50.67 and Regulatory Guide 1.183. Therefore, the proposed change does not involve a
significant increase in the consequences of an accident previously evaluated.
The proposed amendment does not result in a significant increase in the
probability or consequences of any previously evaluated accident.
- 2. Does the proposed amendment create the possibility of a new or different kind
of accident from any accident previously evaluated?
Response: No.
The NF-500 mast is similar enough in design and function to the NF-400 mast to
not create the possibility of a new or different kind of accident. The proposed change
does not significantly alter the Fuel Handling system design, create new failure modes,
or change any modes of operation. Consequently, there are no new initiators that could
result in a new or different kind of accident.
Therefore, the proposed change does not create the possibility of a new or
different kind of accident from any previously evaluated.
- 3. Does the proposed amendment involve a significant reduction in a margin of
safety?
Response: No.
The change preserves the original design requirements and ensures adequate
validation to confirm continued design capability. The margin of safety is considered to
be that provided by meeting the applicable regulatory limits. The change to the FHA
modeling results in an increase in Control Room dose following the FHA; however, since
5 the Control Room dose following the design basis accident remains within the regulatory
limits, there is not a significant reduction in a margin of safety.
Based on the above, Constellation concludes that the proposed change to the
Fuel Handling Accident analysis does not involve a significant hazards consideration
under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no
significant hazards consideration is justified.
The NRC staff has reviewed the licensee s analysis and, based on this review, it
appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC
staff proposes to determine that the license amendment request involves no significant
hazards consideration.
The NRC is seeking public comments on this proposed determination that the
license amendment request involves no significant hazards consideration. Any
comments received within 30 days after the date of publication of this notice will be
considered in making any final determination. The licensees supplement dated
July 29, 2024, requested that the amendment be processed under exigent
circumstances, in accordance with the provisions in 10 CFR 50.91(a)(6). Processing an
amendment under exigent circumstances allows a reduced period for public comment on
the proposed no significant hazards consideration determination, other than the normal
30-day comment period. However, the N RC staff has determined that exigent
circumstances does not apply to this amendment. As such, the amendment is not being
processed as an exigent amendment.
Normally, the Commission will not issue an amendment until 60 days after the
date of publication of the notice providing an opportunity for hearing. However, the
Commission may issue the license amendment before expiration of the 60 -day notice
period if the Commission concludes the amendment involves no significant hazards
6 consideration. In addition, the Commission may issue the amendment prior to the
expiration of the 30-day comment period if circumstances change during the 30-day
comment period such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. A final no significant hazards consideration
determination, if made, will consider all public and State comments received. If the
Commission takes action prior to the expiration of either the comment period or the
notice period, it will publish in the Federal Register a notice of issuance. If the
Commission makes a final no significant hazards consideration determination, any
hearing will take place after issuance.
III. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 60 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by this action may file a request for a hearing and
petition for leave to intervene (petition) with respect to the action. Petitions shall be filed
in accordance with the Commissions Agency Rules of Practice and Procedure in
10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the
presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than 60 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E -Filing)
section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
If a hearing is requested and the Commission has not made a final determination
on the issue of no significant hazards consideration, the Commission will make a final
7 determination on the issue of no significant hazards consideration, which will serve to
establish when the hearing is held. If the final determination is that the amendment
request involves no significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the request for a
hearing. Any hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant hazards
consideration, then any hearing held would take place before the issuance of the
amendment unless the Commission finds an imminent danger to the health or safety of
the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federally recognized Indian
Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at https://www.nrc.gov/about-
nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed
by an interested State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. The E -Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in some cases, to mail
8 copies on electronic storage media, unless an exemption permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html.
To comply with the procedural requirements of E -Filing, at least 10 days prior to
the filing deadline, the participant should contact the Office of the Secretary by email at
Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E -Filing system for any
proceeding in which it is participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (even in instances in which
the participant, or its counsel or representative, already holds an NRC -issued digital ID
certificate). Based upon this information, the Secretary will establish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs
public website at https://www.nrc.gov/site-help/e -submittals/getting-started.html. After a
digital ID certificate is obtained and a docket created, the participant must submi t
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at https://www.nrc.gov/site-help/electronic -sub-ref-
mat.html. A filing is considered complete at the time the document is submitted through
the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the
E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends the submitter an
email confirming receipt of the document. The E -Filing system also distributes an email
9 that provides access to the document to the NRCs Office of the General Counsel and
any others who have advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate before adjudicatory
documents are filed to obtain access to the documents via the E -Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may
seek assistance by contacting the NRCs Electronic Filing Help Desk through the
Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll -free call at
1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and
6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not submitting documents
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with
their initial paper filing stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper format. Such filings
must be submitted in accordance with 10 CFR 2.302(b) -(d). Participants filing
adjudicatory documents in this manner are responsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the presiding officer. If you do not have an NRC -
issued digital ID certificate as previously described, click cancel when the link requests
10 certificates and you will be automatically directed to the NRCs electronic hearing docket
where you will be able to access any publicly available documents in a particular hearing
docket. Participants are requested not to include personal privacy information such as
social security numbers, home addresses, or personal phone numbers in their filings
unless an NRC regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve the pur pose of the
adjudicatory filings and would constitute a Fair Use application, participants should not
include copyrighted materials in their submission.
For further details with respect to this action, see the application for license
amendment dated August 3, 2023 (ADAMS Accession No. ML23215A012), as
supplemented by letters dated August 31, 2023, February 28, 2024, March 25, 2024,
and July 29, 2024 (ADAMS Accession Nos. ML23243A946, ML24059A130,
ML24085A233 (package), and ML24211A122, respectively).
Attorney for licensee: Jason Zorn, Associate General Counsel, Constellation
Energy Generation, LLC, 101 Constitution Ave., NW, Suite 400 East, Washington, DC
20001.
NRC Branch Chief: Hipolito Gonzalez.
Dated: July 30, 2024.
For the Nuclear Regulatory Commission.
/RA/
James S. Kim, Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
11
Package ML24208A051 LTR (NRR-106) ML24208A049 FRN (ADM-012) ML24208A048 OFFICE DORL/LPL1/PM DORL/LPL1/LA OGC - NLO DORL/LPL1/BC DORL/LPL1/PM
NAME JKim KZeleznock MSpencer HGonzález (RGuzman for) JKim
DATE 07/26/2024 07/26/2024 07/29/2024 07/30/2024 07/30/2024