[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63209-63212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25879]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 AND 50-316; NRC-2010-0323]
Indiana Michigan Power Company; Notice of Consideration of
Issuance of Amendment to Facility Operating License, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-58 and DPR-74 issued to Indiana Michigan Power Company (the
licensee) for operation of the Donald C. Cook Nuclear Plant, Units 1
and 2, respectively, located in Berrien County, Michigan.
The proposed amendment would delete the Technical Specification
(TS) requirements for the containment hydrogen recombiners and hydrogen
monitors. The proposed TS changes support implementation of the
revision to Title 10 of the Code of Federal Regulations (10 CFR),
Section 50.44, ``Standards for Combustible Gas Control System in Light-
Water-Cooled Power Reactors,'' that became effective on October 16,
2003. The proposed changes are consistent with Revision 1 of the NRC-
approved Industry/Technical Specification Task Force (TSTF) Standard
Technical Specification Change Traveler, TSTF-447, ``Elimination of
Hydrogen Recombiners and Change to Hydrogen and Oxygen Monitors.'' In
addition to the changes related to requirements for the hydrogen
recombiners and monitors, the amendment application includes other
administrative changes directly resulting from deletion of the
aforementioned TS requirements.
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 10 CFR 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
[[Page 63210]]
50.91(a), the licensee has provided its analysis of the issue of no
significant hazards consideration, which is presented below:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The revised 10 CFR 50.44 no longer defines a design-basis loss-
of-coolant accident (LOCA) hydrogen release, and eliminates
requirements for hydrogen control systems to mitigate such a
release. The installation of hydrogen recombiners and/or vent and
purge systems required by 10 CFR 50.44(b)(3) was intended to address
the limited quantity and rate of hydrogen generation that was
postulated from a design-basis LOCA. The Commission has found that
this hydrogen release is not risk-significant because the design-
basis LOCA hydrogen release does not contribute to the conditional
probability of a large release up to approximately 24 hours after
the onset of core damage. In addition, these systems were
ineffective at mitigating hydrogen releases from risk-significant
accident sequences that could threaten containment integrity.
With the elimination of the design-basis LOCA hydrogen release,
hydrogen monitors are no longer required to mitigate design-basis
accidents and, therefore, the hydrogen monitors do not meet the
definition of a safety-related component as defined in 10 CFR 50.2.
RG [Regulatory Guide] 1.97 Category 1 is intended for key variables
that most directly indicate the accomplishment of a safety function
for design-basis accident events. The hydrogen monitors no longer
meet the definition of Category 1 in RG 1.97. As part of the
rulemaking to revise 10 CFR 50.44 the Commission found that Category
3, as defined in RG 1.97, is an appropriate categorization for the
hydrogen monitors because the monitors are required to diagnose the
course of beyond design-basis accidents.
The regulatory requirements for the hydrogen monitors can be
relaxed without degrading the plant emergency response. The
emergency response, in this sense, refers to the methodologies used
in ascertaining the condition of the reactor core, mitigating the
consequences of an accident, assessing and projecting offsite
releases of radioactivity, and establishing protective action
recommendations to be communicated to offsite authorities.
Classification of the hydrogen monitors as Category 3 and removal of
the hydrogen monitors from TS will not prevent an accident
management strategy through the use of the SAMGs [severe accident
management guidelines], the emergency plan (EP), the emergency
operating procedures (EOP), and site survey monitoring that support
modification of emergency plan protective action recommendations
(PARs).
Therefore, the elimination of the hydrogen recombiner
requirements and relaxation of the hydrogen monitor requirements,
including removal of these requirements from TS, does not involve a
significant increase in the probability or the consequences of any
accident previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident from Any Previously Evaluated
The elimination of the hydrogen recombiner requirements and
relaxation of the hydrogen monitor requirements, including removal
of these requirements from TS, will not result in any failure mode
not previously analyzed. The hydrogen recombiner and hydrogen
monitor equipment was intended to mitigate a design-basis hydrogen
release. The hydrogen recombiner and hydrogen monitor equipment are
not considered accident precursors, nor does their existence or
elimination have any adverse impact on the pre-accident state of the
reactor core or post accident confinement of radionuclides within
the containment building.
Therefore, this change does not create the possibility of a new
or different kind of accident from any previously evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety
The elimination of the hydrogen recombiner requirements and
relaxation of the hydrogen monitor requirements, including removal
of these requirements from TS, in light of existing plant equipment,
instrumentation, procedures, and programs that provide effective
mitigation of and recovery from reactor accidents, results in a
neutral impact to the margin of safety.
The installation of hydrogen recombiners and/or vent and purge
systems required by 10 CFR 50.44(b)(3) was intended to address the
limited quantity and rate of hydrogen generation that was postulated
from a design-basis LOCA. The Commission has found that this
hydrogen release is not risk-significant because the design-basis
LOCA hydrogen release does not contribute to the conditional
probability of a large release up to approximately 24 hours after
the onset of core damage.
Category 3 hydrogen monitors are adequate to provide rapid
assessment of current reactor core conditions and the direction of
degradation while effectively responding to the event in order to
mitigate the consequences of the accident. The intent of the
requirements established as a result of the [Three Mile Island] TMI,
Unit 2 accident can be adequately met without reliance on safety-
related hydrogen monitors.
Therefore, this change does not involve a significant reduction
in the margin of safety. Removal of hydrogen monitoring from TS will
not result in a significant reduction in their functionality,
reliability, and availability.
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, Rules,
Announcements and Directives Branch (RADB), 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 RADB 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 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 O1 F21, 11555 Rockville Pike
[[Page 63211]]
(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 requestor/petitioner
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
requestor/petitioner 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
requestor/petitioner 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 requestor/petitioner
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 (72 FR 49139,
August 28, 2007). 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 participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (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 hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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
[[Page 63212]]
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 by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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 submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
For further details with respect to this license amendment
application, see the application for amendment dated September 8, 2010,
which is available for public inspection at the Commission's PDR,
located at One White Flint North, File Public Area 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: James M. Petro, Jr., Senior Nuclear Counsel,
Indiana Michigan Power Company, One Cook Place, Bridgman, MI 49106.
Dated at Rockville, Maryland, this 28th day of September 2010.
For the Nuclear Regulatory Commission.
Terry A. Beltz,
Senior Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-25879 Filed 10-13-10; 8:45 am]
BILLING CODE 7590-01-P