[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Pages 61179-61181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28092]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301; NRC-2009-0160]
FPL Energy Point Beach, LLC; Notice of Consideration of Issuance
of Amendment to Renewed 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 Renewed Facility Operating
License Nos. DPR-24 and DPR-27 issued to FPL Energy Point Beach, LLC
(the licensee) for operation of the Point Beach Nuclear Plant, Units 1
and 2 located in Town of Two Creeks, Manitowoc County, Wisconsin.
On April 14, 2009, the Nuclear Regulatory Commission published a
Notice of Consideration of Issuance, Proposed No Significant Hazards
Consideration Determination, and Opportunity for Hearing in the Federal
Register (74 FR 17230) for a proposed amendment that would revise the
Point Beach Nuclear Plant (PBNP) Units 1 and 2 current licensing basis
to implement the alternate source term (AST) through reanalysis of the
radiological consequences of the Final Safety Analysis Report (FSAR)
Chapter 14 accidents.
On April 17, 2009, the licensee submitted a supplement which
expanded the original scope of work. The proposed revisions would add
Technical Specification (TS) 3.7.14, ``Primary Auxiliary Building
Ventilation (VNPAB),'' to the PBNP TS. The new TS is being proposed as
a result of the AST assumptions crediting the VNPAB exhaust function.
The proposed change also updates the Table of Contents of the TS to
incorporate the new TS.
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 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. The NRC staff's own analysis
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 proposed TS change reflects the plant configuration that is
required to implement the AST analyses. The operation of the VNPAB
exhaust is mitigating in nature and relied upon only after an
accident has been initiated to provide the AST LOCA ECCS equipment
leakage activity release location for the control room dose
calculation. The results of the LOCA radiological analysis
demonstrate that while operating the VNPAB exhaust system, as
supported by the proposed TS, the dose consequences of this limiting
event are within the regulatory limits and guidance provided by the
NRC in 10 CFR 50.67 and RG 1.183 (Reference 6.2). While the
operation of this system does change with the implementation of an
AST, the affected system in not an accident initiator.
Therefore, 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 accident previously
evaluated?
Response: No.
The proposed TS change reflects the plant configuration that is
required to implement the AST analyses, and no new or different
accidents result from utilizing the proposed changes. The LOCA
control room dose analysis assumes that the ECCS equipment leakage
activity release pathway X/Q to be at the location of the PAB vent
stack. Operation of the VNPAB exhaust fans assures this release
point. The VNPAB system operates during normal unit operation.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed TS reflects the plant configuration that is
required to implement the AST analyses. The operation of the VNPAB
exhaust is mitigating in nature and relied upon only after an
accident has been initiated. The VNPAB assures the proper X/Q for
airborne radiological protection for control room personnel, as
demonstrated by the control room dose analyses for the LOCA. The
proposed changes ensure that the dose consequences in the control
room due to the DBA LOCA are within the acceptance criteria
presented in 10 CFR 50.67.
Therefore, the proposed change does not involve a significant
reduction in 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.
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 60-
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 30-
day comment period should 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. 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 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.
Written comments may be submitted by mail to the Chief, Rulemaking
and Directives Branch (RDB), TWB-05-B01M, 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. Written comments may also
be faxed to the RDB at 301-492-3446. 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 O1 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
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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
O1F21, 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.gov/reading-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 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.
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 in the August 28, 2007, Federal Register notice (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 an exemption 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
should must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
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 counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID 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 Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing 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 digital ID 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 using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link
located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing Help Desk,
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday
through Friday, excluding government holidays. The toll-free help line
number is 1-866-
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672-7640. A person filing electronically may also seek assistance by
sending an e-mail to the NRC electronic filing Help Desk at
[email protected].
Participants who believe that they have a 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
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, the presiding
officer, or the Atomic Safety and Licensing Board that the request and/
or petition 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, home addresses,
or home 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 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 December 8, 2008,
which is available for public inspection at the Commission's PDR,
located at One White Flint North, Room O1 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 by e-
mail to [email protected].
Attorney for licensee: M. S. Ross, Vice President & Associate
General Counsel, Florida Power & Light Company, PO Box 14000, Juno
Beach, FL 33408-0420.
Dated at Rockville, Maryland, this 16th day of November 2009.
For the Nuclear Regulatory Commission.
Justin C. Poole,
Project Manager, Plant Licensing Branch III-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-28092 Filed 11-20-09; 8:45 am]
BILLING CODE 7590-01-P