ML24270A075
| ML24270A075 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 09/30/2024 |
| From: | Audrey Klett Plant Licensing Branch 1 |
| To: | |
| Poole J | |
| Shared Package | |
| ML24270A080 | List: |
| References | |
| EPID L-2024-LLA-0134, NRC-2024-0177 | |
| Download: ML24270A075 (11) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2024-0177]
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
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 amendment would temporarily revise the technical
specifications (TS) for plant startup with the rod worth minimizer (RWM) system
inoperable. This allowance would expire December 31, 2024.
DATES: Submit comments by November 4, 2024. Comments received after this date
will be considered if it is practical to do so, but the NRC is able to ensure consideration
only for comments received on or before this date. Requests for a hearing or petition for
leave to intervene must be filed by December 2, 2024.
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-2024-0177. 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: Audrey Klett, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-0489; email: Audrey.Klett@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0177 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-2024-0177.
- 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 (P DR) reference staff at 1-800-397-4209, at
2 301-415-4737, or by email to PDR.Resour ce@nrc.gov. The license amendment request
is available in ADAMS under Accession No. ML24269A132.
- 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-
2024-0177 in your comment submission.
The NRC cautions you not to include identif ying or contact information that you
do not want to be publicly disclosed in y our comment submission. The NRC will post all
comment submissions at https://www.regulat ions.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 w ant 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.
II. Introduction
The NRC is considering issuance of amendment to Renewed Facility Operating
License No. DPR-59 (Docket No. 50-333) issued to Constellation Energy Generation,
3 LLC for operation of the James A. FitzPatrick Nuclear Power Plant, located in Scriba,
The proposed amendment would temporarily revise TS 3.3.2.1, Control Rod
Block Instrumentation. The proposed amendment would add a footnote to TS 3.3.2.1,
Condition C that permits reactor startup with the RWM system inoperable. This
allowance would expire on December 31, 2024. This temporarily allowance would
provide time for the licensee to perform RWM software enhancements and adequately
resolve an RWM software issue.
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
NRCs regulations.
The NRC has made a proposed determination that the license amendment
request involves no significant hazards consideration. Under the NRCs regulations in
section 50.92 of title 10 of the Code of Federal Regulations (10 CFR), Issuance of
amendment, this means that operation of t he 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 si gnificant 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.
4 The proposed RWM bypass allowance does not involve the modification of any
plant equipment or affect basic plant operation. The proposed allowances provide
additional time to correct problems associated with the RWM. In the event the RWM is
inoperable during reactor startup, the technical specification ensures that a licensed
operator or other qualified member of the technical staff enforce compliance with the
control rod position sequence developed using the banked position withdrawal sequence
(BPWS). Applicable compensatory measures will be implemented in the event the RWM
is inoperable.
The proposed change does not involve a change to the safety function of the
RWM. The proposed change involves no significant changes to the operations of any
systems or component in normal or accident operating conditions.
Therefore, the proposed amendment 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 accident previously evaluated?
Response: No.
The proposed RWM bypass allowance is not a precursor to any accident
previously evaluated. The proposed change provides additional time to rectify RWM
equipment issues to ensure that the system implements the control rod pattern
developed using BPWS methodology. The proposed change is not required to mitigate
the accident conditions. The proposed change does not change the safety function.
There is no alteration to the parameters within which the plant is normally operated. The
RWM bypass allowance for additional startups is not a precursor to a new or different
kind of accident and does not initiate new or different kinds of accidents. As a result, no
new failure modes are being introduced.
5 Therefore, the proposed amendment will not create the possibility of a new or
different accident from any accident previously evaluated.
- 3. Does the proposed amendment involve a significant reduction in a margin of
safety?
Response: No.
The margin of safety is established through the design of the plant structures,
systems, and components, and administrative controls within which the plant is
operated. The margin of safety to the consequences of a control rod drop accident is
maintained through the use of additional administrative controls described within the
current technical specification. The establishment for the control rod insertion and
withdrawal during the startups is manually controlled with independent verification by a
second licensed reactor operator or other qua lified member of the technical staff to
ensure compliance with BPWS, if RWM becomes inoperable for any reason. Therefore,
the proposed change does not impact the design basis accidents. The proposed change
does not change the requirements governing operation or availability of safety
equipment assumed to operate to preserve the margin of safety.
Therefore, the licensee stated that the proposed amendment does not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the licensees ana lysis 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
6 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 60-day not ice period if the Commission concludes
the amendment involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-day comment
period 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. 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. The Commission expects that the need to take
this action will occur very infrequently.
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 re spect 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
7 contentions that are filed after the deadline will not be entertained absent a
determination by the presiding officer t hat 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
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 effect ive, 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 go vernmental body, Federally recognized Indian
Tribe, or designated agency thereof may participate as a non-party under
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/webSear ch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
8 IV. Electronic Submissions and 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
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 S ubmissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public websit e 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 represent ative, 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-hel p/e-submittals/getting-started.html. After a
digital ID certificate is obtained and a docket created, the participant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
9 available on the NRCs public website at http s://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-sta mps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also distributes an email
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 hav e 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 re sponsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
10 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 previ ously described, click cancel when the link
requests certificates and you will be autom atically directed to the NRCs electronic
hearing docket where you will be able to acce ss 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 purpose 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 September 25, 2024 (ADAMS Accession No. ML24269A132).
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: September 30, 2024.
For the Nuclear Regulatory Commission.
/RA/
Audrey Klett, Senior Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
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