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Federal Register / Vol. 72, No.

1 / Wednesday, January 3, 2007 / Notices 147

Contact person for more information: the pendency before the Commission of will publish in the Federal Register a
Michelle Schroll, (301) 415–1662. a request for a hearing from any person. notice of issuance. Should the
* * * * * This biweekly notice includes all Commission make a final No Significant
The NRC Commission Meeting notices of amendments issued, or Hazards Consideration Determination,
Schedule can be found on the Internet proposed to be issued from December 8, any hearing will take place after
at: http://www.nrc.gov/what-we-do/ 2006 to December 21, 2006. The last issuance. The Commission expects that
policy-making/schedule.html. biweekly notice was published on the need to take this action will occur
December 19, 2006 (71 FR 75987). very infrequently.
* * * * * Written comments may be submitted
The NRC provides reasonable Notice of Consideration of Issuance of
by mail to the Chief, Rulemaking,
accommodation to individuals with Amendments to Facility Operating
Directives and Editing Branch, Division
disabilities where appropriate. If you Licenses, Proposed No Significant
of Administrative Services, Office of
need a reasonable accommodation to Hazard Consideration Determination,
Administration, U.S. Nuclear Regulatory
participate in these public meetings, or and Opportunity for a Hearing
Commission, Washington, DC 20555–
need this meeting notice or the The Commission has made a 0001, and should cite the publication
transcript or other information from the proposed determination that the date and page number of this Federal
public meetings in another format (e.g. following amendment requests involve Register notice. Written comments may
braille, large print), please notify the no significant hazards consideration. also be delivered to Room 6D22, Two
NRC’s Disability Program Coordinator, Under the Commission’s regulations in White Flint North, 11545 Rockville
Deborah Chan, at 301–415–7041, TDD: 10 CFR 50.92, this means that operation Pike, Rockville, Maryland, from 7:30
301–415–2100, or by e-mail at of the facility in accordance with the a.m. to 4:15 p.m. Federal workdays.
DLC@nrc.gov. Determinations on proposed amendment would not (1) Copies of written comments received
requests for reasonable accommodation involve a significant increase in the may be examined at the Commission’s
will be made on a case-by-case basis. probability or consequences of an Public Document Room (PDR), located
* * * * * accident previously evaluated; or (2) at One White Flint North, Public File
This notice is distributed by mail to create the possibility of a new or Area 01F21, 11555 Rockville Pike (first
several hundred subscribers; if you no different kind of accident from any floor), Rockville, Maryland. The filing of
longer wish to receive it, or would like accident previously evaluated; or (3) requests for a hearing and petitions for
to be added to the distribution, please involve a significant reduction in a leave to intervene is discussed below.
contact the Office of the Secretary, margin of safety. The basis for this Within 60 days after the date of
Washington, DC 20555 (301–415–1969). proposed determination for each publication of this notice, the licensee
In addition, distribution of this meeting amendment request is shown below. may file a request for a hearing with
notice over the Internet system is The Commission is seeking public respect to issuance of the amendment to
available. If you are interested in comments on this proposed the subject facility operating license and
determination. Any comments received any person whose interest may be
receiving this Commission meeting
within 30 days after the date of affected by this proceeding and who
schedule electronically, please send an
publication of this notice will be wishes to participate as a party in the
electronic message to dkw@nrc.gov.
considered in making any final proceeding must file a written request
Dated: December 26, 2006. determination. Within 60 days after the for a hearing and a petition for leave to
R. Michelle Schroll, date of publication of this notice, the intervene. Requests for a hearing and a
Office of the Secretary. licensee may file a request for a hearing petition for leave to intervene shall be
[FR Doc. 06–9965 Filed 12–28–06; 9:43 am] with respect to issuance of the filed in accordance with the
BILLING CODE 7590–01–P amendment to the subject facility Commission’s ‘‘Rules of Practice for
operating license and any person whose Domestic Licensing Proceedings’’ in 10
interest may be affected by this CFR Part 2. Interested persons should
NUCLEAR REGULATORY proceeding and who wishes to consult a current copy of 10 CFR 2.309,
COMMISSION participate as a party in the proceeding which is available at the Commission’s
must file a written request for a hearing PDR, located at One White Flint North,
Biweekly Notice; Applications and and a petition for leave to intervene. Public File Area 01F21, 11555 Rockville
Amendments to Facility Operating Normally, the Commission will not Pike (first floor), Rockville, Maryland.
Licenses Involving No Significant issue the amendment until the Publicly available records will be
Hazards Considerations expiration of 60 days after the date of accessible from the Agencywide
publication of this notice. The Documents Access and Management
I. Background
Commission may issue the license System’s (ADAMS) Public Electronic
Pursuant to section 189a. (2) of the amendment before expiration of the 60- Reading Room on the Internet at the
Atomic Energy Act of 1954, as amended day period provided that its final NRC Web site, http://www.nrc.gov/
(the Act), the U.S. Nuclear Regulatory determination is that the amendment reading-rm/doc-collections/cfr/. If a
Commission (the Commission or NRC involves no significant hazards request for a hearing or petition for
staff) is publishing this regular biweekly consideration. In addition, the leave to intervene is filed within 60
notice. The Act requires the Commission may issue the amendment days, the Commission or a presiding
Commission publish notice of any prior to the expiration of the 30-day officer designated by the Commission or
amendments issued, or proposed to be comment period should circumstances by the Chief Administrative Judge of the
issued and grants the Commission the change during the 30-day comment Atomic Safety and Licensing Board
authority to issue and make period such that failure to act in a Panel, will rule on the request and/or
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immediately effective any amendment timely way would result, for example in petition; and the Secretary or the Chief
to an operating license upon a derating or shutdown of the facility. Administrative Judge of the Atomic
determination by the Commission that Should the Commission take action Safety and Licensing Board will issue a
such amendment involves no significant prior to the expiration of either the notice of a hearing or an appropriate
hazards consideration, notwithstanding comment period or the notice period, it order.

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148 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

As required by 10 CFR 2.309, a when the hearing is held. If the final www.nrc.gov/reading-rm/adams.html. If
petition for leave to intervene shall set determination is that the amendment you do not have access to ADAMS or if
forth with particularity the interest of request involves no significant hazards there are problems in accessing the
the petitioner in the proceeding, and consideration, the Commission may documents located in ADAMS, contact
how that interest may be affected by the issue the amendment and make it the PDR Reference staff at 1 (800) 397–
results of the proceeding. The petition immediately effective, notwithstanding 4209, (301) 415–4737 or by e-mail to
should specifically explain the reasons the request for a hearing. Any hearing pdr@nrc.gov.
why intervention should be permitted held would take place after issuance of
Carolina Power & Light Company,
with particular reference to the the amendment. If the final
Docket Nos. 50–325 and 50–324,
following general requirements: (1) The determination is that the amendment
Brunswick Steam Electric Plant, Units 1
name, address, and telephone number of request involves a significant hazards
and 2, Brunswick County, North
the requestor or petitioner; (2) the consideration, any hearing held would
nature of the requestor’s/petitioner’s take place before the issuance of any Carolina
right under the Act to be made a party amendment. Date of amendments request:
to the proceeding; (3) the nature and A request for a hearing or a petition September 28, 2006.
extent of the requestor’s/petitioner’s for leave to intervene must be filed by: Description of amendment request:
property, financial, or other interest in (1) First class mail addressed to the The proposed amendment would
the proceeding; and (4) the possible Office of the Secretary of the modify technical specification (TS)
effect of any decision or order which Commission, U.S. Nuclear Regulatory requirements of TS 3.8.3, ‘‘Diesel Fuel
may be entered in the proceeding on the Commission, Washington, DC 20555– Oil,’’ to include a new Condition A with
requestor’s/petitioner’s interest. The 0001, Attention: Rulemaking and associated Required Action and
petition must also set forth the specific Adjudications Staff; (2) courier, express Completion Time. The proposed
contentions which the petitioner/ mail, and expedited delivery services: Condition A allows the main fuel oil
requestor seeks to have litigated at the Office of the Secretary, Sixteenth Floor, storage tank to be inoperable for up to
proceeding. One White Flint North, 11555 Rockville 14 days for the purpose of performing
Each contention must consist of a Pike, Rockville, Maryland, 20852, inspection, cleaning, or repair activities.
specific statement of the issue of law or Attention: Rulemaking and Basis for proposed no significant
fact to be raised or controverted. In Adjudications Staff; (3) E-mail hazards consideration determination:
addition, the petitioner/requestor shall addressed to the Office of the Secretary, As required by 10 CFR 50.91(a), the
provide a brief explanation of the bases U.S. Nuclear Regulatory Commission, licensee has provided its analysis of the
for the contention and a concise HearingDocket@nrc.gov; or (4) facsimile issue of no significant hazards
statement of the alleged facts or expert transmission addressed to the Office of consideration, which is presented
opinion which support the contention the Secretary, U.S. Nuclear Regulatory below:
and on which the petitioner/requestor Commission, Washington, DC, 1. Does the proposed change involve a
intends to rely in proving the contention Attention: Rulemakings and significant increase in the probability or
at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, consequences of an accident previously
must also provide references to those verification number is (301) 415–1966. evaluated?
specific sources and documents of A copy of the request for hearing and Response: No.
which the petitioner is aware and on petition for leave to intervene should The proposed change does not alter the
which the petitioner/requestor intends also be sent to the Office of the General assumption of the accident analyses or the
Technical Specification Bases. The inclusion
to rely to establish those facts or expert Counsel, U.S. Nuclear Regulatory of provisions to permit internal inspection of
opinion. The petition must include Commission, Washington, DC 20555– the main fuel oil storage tank during plant
sufficient information to show that a 0001, and it is requested that copies be operation does not impact the availability of
genuine dispute exists with the transmitted either by means of facsimile the EDGs to perform their intended safety
applicant on a material issue of law or transmission to (301) 415–3725 or by e- function. Furthermore, while the main fuel
fact. Contentions shall be limited to mail to OGCMailCenter@nrc.gov. A copy oil storage tank is out of service, the
matters within the scope of the of the request for hearing and petition availability of on-site and off-site fuel oil
amendment under consideration. The for leave to intervene should also be sources ensures that an adequate supply of
fuel oil remains available. Therefore, the
contention must be one which, if sent to the attorney for the licensee. proposed change does not involve a
proven, would entitle the petitioner/ Nontimely requests and/or petitions significant increase in the probability or
requestor to relief. A petitioner/ and contentions will not be entertained consequences of an accident previously
requestor who fails to satisfy these absent a determination by the evaluated.
requirements with respect to at least one Commission or the presiding officer of 2. Does the proposed change create the
contention will not be permitted to the Atomic Safety and Licensing Board possibility of a new or different kind of
participate as a party. that the petition, request and/or the accident from any accident previously
Those permitted to intervene become contentions should be granted based on evaluated?
Response: No.
parties to the proceeding, subject to any a balancing of the factors specified in 10
The proposed change does not involve a
limitations in the order granting leave to CFR 2.309(a)(1)(i)–(viii). physical change to the design of the Diesel
intervene, and have the opportunity to For further details with respect to this Fuel Oil System, nor does it alter the
participate fully in the conduct of the action, see the application for assumptions of the accident analyses. The
hearing. amendment which is available for inclusion of provisions to permit internal
If a hearing is requested, and the public inspection at the Commission’s inspection and cleaning of the main fuel oil
Commission has not made a final PDR, located at One White Flint North, storage tank during plant operation does not
determination on the issue of no Public File Area 01F21, 11555 Rockville introduce any new failure modes. Therefore,
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significant hazards consideration, the Pike (first floor), Rockville, Maryland. the proposed change does not create the
possibility of a new or different kind of
Commission will make a final Publicly available records will be accident from any accident previously
determination on the issue of no accessible from the ADAMS Public evaluated.
significant hazards consideration. The Electronic Reading Room on the Internet 3. Does the proposed change involve a
final determination will serve to decide at the NRC Web site, http:// significant reduction in a margin of safety?

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 149

Response: No. addition to storage tanks has been expanded the provisions of 10 CFR 50.59. This
The proposed change alters the method of to recognize more rigorous testing of water approach provides an effective level of
operation of the Diesel Fuel Oil System. and sediment content. Relocating the specific regulatory control and ensures that diesel
However, the availability of the EDGs to ASTM standard references from the TS to a fuel oil testing is conducted such that there
perform their intended safety function is not licensee-controlled document and allowing a is no significant reduction in a margin of
impacted and the assumptions of the water and sediment content test to be
safety.
accident analyses are not altered. Therefore, performed to establish the acceptability of
new fuel oil will not affect nor degrade the The ‘‘clear and bright’’ test used to
the proposed change does not involve a
significant reduction in a margin of safety. ability of the emergency diesel generators establish the acceptability of new fuel oil for
(DGs) to perform their specified safety use prior to addition to storage tanks has
The NRC staff has reviewed the function. Fuel oil quality will continue to been expanded to allow a water and
licensee’s analysis and, based on this meet ASTM requirements. sediment content test to be performed to
review, it appears that the three The proposed changes do not adversely establish the acceptability of new fuel oil.
standards of 10 CFR 50.92(c) are affect accident initiators or precursors nor The margin of safety provided by the DGs is
satisfied. Therefore, the NRC staff alter the design assumptions, conditions, and unaffected by the proposed changes since
proposes to determine that the configuration of the facility or the manner in there continue to be TS requirements to
amendment request involves no which the plant is operated and maintained.
ensure fuel oil is of the appropriate quality
The proposed changes do not adversely affect
significant hazards consideration. for emergency DG use. The proposed changes
the ability of structures, systems, and
Attorney for licensee: David T. components (SSCs) to perform their intended provide the flexibility needed to improve fuel
Conley, Associate General Counsel II— safety function to mitigate the consequences oil sampling and analysis methodologies
Legal Department, Progress Energy of an initiating event within the assumed while maintaining sufficient controls to
Service Company, LLC, Post Office Box acceptance limits. The proposed changes do preserve the current margins of safety.
1551, Raleigh, North Carolina 27602. not affect the source term, containment
NRC Acting Branch Chief: D. Pickett. isolation, or radiological release assumptions The NRC staff has reviewed the
used in evaluating the radiological licensee’s analysis and, based on this
Detroit Edison Company, Docket No. consequences of any accident previously review, it appears that the three
50–341, Fermi 2, Monroe County, evaluated. Further, the proposed changes do standards of 10 CFR 50.92(c) are
Michigan not increase the types and amounts of satisfied. Therefore, the NRC staff
Date of amendment request: radioactive effluent that may be released
offsite, nor significantly increase individual
proposes to determine that the
November 27, 2006. or cumulative occupational/public radiation amendment request involves no
Description of amendment request: exposures. significant hazards consideration.
The proposed amendment would Therefore, the changes do not involve a Attorney for licensee: David G.
modify the Technical Specifications significant increase in the probability or Pettinari, Legal Department, 688 WCB,
(TSs) by relocating references to specific consequences of any accident previously
Detroit Edison Company, 2000 2nd
American Society for Testing and evaluated.
2. Does the proposed change create the Avenue, Detroit, Michigan 48226–1279.
Materials (ASTM) standards for fuel oil
testing to licensee-controlled documents possibility of a new or different kind of NRC Branch Chief: L. Raghavan.
and adding alternate criteria to the accident from any accident previously
evaluated? Duke Power Company LLC, Docket Nos.
‘‘clear and bright’’ acceptance test for 50–269, 50–270, and 50–287, Oconee
Response: No.
new fuel oil. The proposed changes relocate the specific Nuclear Station, Units 1, 2, and 3,
Basis for proposed no significant ASTM standard references from the Oconee County, South Carolina
hazards consideration determination: Administrative Controls Section of TS to a
As required by 10 CFR 50.91(a), the licensee-controlled document. In addition, Date of amendment request: April 11,
licensee has provided its analysis of the the ‘‘clear and bright’’ test used to establish 2006.
issue of no significant hazards the acceptability of new fuel oil for use prior
to addition to storage tanks has been Description of amendment request:
consideration by a reference to a generic
expanded to allow a water and sediment The proposed amendments would (Item
analysis published in the Federal
content test to be performed to establish the 1) revise the Technical Specifications
Register on February 22, 2006 (71 FR
acceptability of new fuel oil. The changes do (TSs) and delete the license conditions
9179), which is presented below: not involve a physical alteration of the plant related to steam generator (SG) tube
1. Does the proposed change involve a (i.e., no new or different type of equipment integrity and (Item 2) revise an
significant increase in the probability or will be installed) or a change in the methods organizational description in TS 5.2.1
consequences of any accident previously governing normal plant operation. The that is solely administrative in nature
evaluated? requirements retained in the TS continue to
Response: No. require testing of the diesel fuel oil to ensure
and unrelated to the SG tube integrity
The proposed changes relocate the specific the proper functioning of the DGs. TSs.
ASTM standard references from the Therefore, the changes do not create the The changes related to SG tube
Administrative Controls Section of TS to a possibility of a new or different kind of integrity are consistent with the
licensee-controlled document. Requirements accident from any accident previously consolidated line-item improvement
to perform testing in accordance with evaluated. process (CLIIP), Nuclear Regulatory
applicable ASTM standards are retained in 3. Does the proposed change involve a
the TS as are requirements to perform significant reduction in a margin of safety?
Commission-approved Revision 4 to
surveillances of both new and stored diesel Response: No. Technical Specification Task Force
fuel oil. Future changes to the licensee- The proposed changes relocate the specific (TSTF) Standard TS Change Traveler,
controlled document will be evaluated ASTM standard references from the TSTF–449, ‘‘Steam Generator Tube
pursuant to the requirements of 10 CFR Administrative Controls Section of TS to a Integrity.’’
50.59, ‘‘Changes, tests and experiments,’’ to licensee-controlled document. Instituting the Basis for proposed no significant
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ensure that such changes do not result in proposed changes will continue to ensure the
more than a minimal increase in the use of applicable ASTM standards to
hazards consideration determination:
probability or consequences of an accident evaluate the quality of both new and stored As required by 10 CFR 50.91(a), an
previously evaluated. In addition, the ‘‘clear fuel oil designated for use in the emergency analysis of the issue of no significant
and bright’’ test used to establish the DGs. Changes to the licensee-controlled hazards consideration is presented
acceptability of new fuel oil for use prior to document are performed in accordance with below:

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150 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

Criterion 1—The Proposed Change Does The consequences of design basis potential tube degradation. The result of
Not Involve a Significant Increase in the accidents are, in part, functions of the the implementation of the SG Program
Probability or Consequences of an DOSE EQUIVALENT 1–131 in the will be an enhancement of SG tube
Accident Previously Evaluated primary coolant and the primary to performance. Primary to secondary
(Item 1) SG Tube Integrity secondary LEAKAGE rates resulting LEAKAGE that may be experienced
from an accident. Therefore, limits are during all plant conditions will be
The proposed change requires a SG included in the plant technical monitored to ensure it remains within
Program that includes performance specifications for operational leakage current accident analysis assumptions.
criteria that will provide reasonable and for DOSE EQUIVALENT 1–131 in The proposed change does not affect
assurance that the SG tubing will retain primary coolant to ensure the plant is the design of the SGs, their method of
integrity over the full range of operating operated within its analyzed condition. operation, or primary or secondary
conditions (including startup, operation The typical analysis of the limiting coolant chemistry controls. In addition,
in the power range, hot standby, design basis accident assumes that the proposed change does not impact
cooldown and all anticipated transients primary to secondary leak rate after the any other plant system or component.
included in the design specification). accident is 0.27 gallons per minute with The change enhances SG inspection
The SG performance criteria are based no more than 135 gallons per day in any requirements.
on tube structural integrity, accident one SG, and that the reactor coolant Therefore, the proposed change does
induced leakage, and operational activity levels of DOSE EQUIVALENT not create the possibility of a new or
LEAKAGE. 1–131 are at the TS values before the different type of accident from any
A (steam generator tube rupture) accident. accident previously evaluated.
SGTR event is one of the design basis The proposed change does not affect
(Item 2) Organization Description
accidents that are analyzed as part of a the design of the SGs, their method of
Revision in TS 5.2.1
plant’s licensing basis. In the analysis of operation, or primary coolant chemistry
a SGTR event, a bounding primary to controls. The proposed approach There are no new accident causal
secondary LEAKAGE rate equal to the updates the current TSs and enhances mechanisms created as a result of this
operational LEAKAGE rate limits in the the requirements for SG inspections. proposed change. No changes are being
licensing basis plus the LEAKAGE rate The proposed change does not adversely made to the plant that will introduce
associated with a double-ended rupture impact any other previously evaluated any new accident causal mechanisms.
of a single tube is assumed. design basis accident and is an This change is solely administrative in
For other design basis accidents such improvement over the current TSs. nature and does not impact any plant
as MSLB, rod ejection, and reactor Therefore, the proposed change does systems that are accident initiators;
coolant pump locked rotor the tubes are not affect the consequences of a SGTR therefore, no new accident types are
assumed to retain their structural accident and the probability of such an being created.
integrity (i.e., they are assumed not to accident is reduced. In addition, the Criterion 3—The Proposed Change Does
rupture). These analyses typically proposed changes do not affect the Not Involve a Significant Reduction in
assume that primary to secondary consequences of an MSLB (main the Margin of Safety
LEAKAGE for all SGs is 1 gallon per steamline break), rod ejection, or a
minute or increases to 1 gallon per reactor coolant pump locked rotor (Item 1) SG Tube Integrity
minute as a result of accident induced event, or other previously evaluated The SG tubes in pressurized water
stresses. The accident induced leakage accident. reactors are an integral part of the
criterion introduced by the proposed (Item 2) Organization Description reactor coolant pressure boundary and,
changes accounts for tubes that may Revision in TS 5.2.1 as such, are relied upon to maintain the
leak during design basis accidents. The primary system’s pressure and
accident induced leakage criterion The proposed change revises an inventory. As part of the reactor coolant
limits this leakage to no more than the organizational description in TS 5.2.1 to pressure boundary, the SG tubes are
value assumed in the accident analysis. conform to an application for consent to unique in that they are also relied upon
The SG performance criteria proposed the indirect transfer of control of the as a heat transfer surface between the
change to the TS identify the standards renewed facility operating licenses. The primary and secondary systems such
against which tube integrity is to be proposed change does not affect the that residual heat can be removed from
measured. Meeting the performance operation of any equipment, and is the primary system. In addition, the SG
criteria provides reasonable assurance solely administrative in nature; tubes isolate the radioactive fission
that the SG tubing will remain capable therefore, the proposed change has no products in the primary coolant from
of fulfilling its specific safety function impact on any accident probabilities or the secondary system. In summary, the
of maintaining reactor coolant pressure consequences. safety function of an SG is maintained
boundary integrity throughout each Criterion 2—The Proposed Change Does by ensuring the integrity of its tubes.
operating cycle and in the unlikely Not Create the Possibility of a New or Steam generator tube integrity is a
event of a design basis accident. The Different Kind of Accident From Any function of the design, environment,
performance criteria are only a part of Previously Evaluated and the physical condition of the tube.
the SG Program required by the The proposed change does not affect
proposed change to the TS. The (Item 1) SG Tube Integrity tube design or operating environment.
program, defined by NEI 97–06, Steam The proposed performance based The proposed change is expected to
Generator Program Guidelines, includes requirements are an improvement over result in an improvement in the tube
a framework that incorporates a balance the requirements imposed by the integrity by implementing the SG
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of prevention, inspection, evaluation, current technical specifications. Program to manage SG tube inspection,
repair, and leakage monitoring. The Implementation of the proposed SG assessment, repair, and plugging. The
proposed changes do not, therefore, Program will not introduce any adverse requirements established by the SG
significantly increase the probability of changes to the plant design basis or Program are consistent with those in the
an accident previously evaluated. postulated accidents resulting from applicable design codes and standards

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 151

and are an improvement over the (2) Does the proposed change create the The NRC staff issued a notice of
requirements in the current TSs. possibility of a new or different kind of availability of a model safety evaluation
For the above reasons, the margin of accident from any accident previously and model no significant hazards
safety is not changed and overall plant evaluated?
No. This LAR proposes the use of a
consideration (NSHC) determination for
safety will be enhanced by the proposed realistic seismic evaluation of the Auxiliary referencing in license amendment
change to the TS. Building sprinkler system (high pressure applications in the Federal Register on
(Item 2) Organization Description service water) piping which demonstrate that November 24, 2004 (69 FR 68412).
these non-Category I (non-seismic) self- Basis for proposed no significant
Revision in TS 5.2.1 actuating sprinkler systems will not fail hazards consideration determination:
Margin of safety is related to during a MHE and clarifies Duke’s As required by 10 CFR 50.91(a), an
confidence in the ability of the fission commitment toward Auxiliary Building flood analysis of the issue of no significant
product barriers to perform their design protection measures in the UFSAR.
Operation in accordance with this proposed
hazards consideration is presented
functions during and following an amendment will not result in a change in the below:
accident situation. This proposed parameters governing plant operation and Criterion 1—The Proposed Change Does Not
change is solely administrative in nature will not generate any new accident initiators. Involve a Significant Increase in the
and does not affect the performance of Therefore, the proposed change does not Probability or Consequences of an Accident
the barriers. Consequently, no safety create the possibility of a new or different Previously Evaluated
margins will be impacted. kind of accident from any previously The proposed change allows a delay time
Attorney for licensee: Lisa F. Vaughn, evaluated. for entering a supported system technical
Associate General Counsel and (3) Does the proposed change involve a specification (TS) when the inoperability is
significant reduction in a margin of safety?
Managing Attorney, Duke Energy No. This LAR proposes the use of a
due solely to an inoperable snubber if risk is
Carolinas, LLC, 526 South Church Street assessed and managed. The postulated
realistic seismic evaluation of the Auxiliary
EC07H, Charlotte, NC 28202. seismic event requiring snubbers is a low-
Building sprinkler system (high pressure
NRC Branch Chief: Evangelos C. probability occurrence and the overall TS
service water) piping, which demonstrates
system safety function would still be
Marinos. that these non-Category I (non-seismic) self-
available for the vast majority of anticipated
actuating sprinkler systems will not fail
Duke Power Company LLC, Docket Nos. challenges. Therefore, the probability of an
during a MHE and clarifies Duke’s
50–269, 50–270, and 50–287, Oconee accident previously evaluated is not
commitment toward Auxiliary Building flood
Nuclear Station, Units 1, 2, and 3, protection measures in the UFSAR. significantly increased, if at all. The
Operation in accordance with this proposed consequences of an accident while relying on
Oconee County, South Carolina allowance provided by proposed LCO 3.0.8
amendment will not result in a change in the
Date of amendment request: parameters governing plant operation and are no different than the consequences of an
November 16, 2006. will not affect any Chapter 15 accident accident while relying on the TS required
Description of amendment request: analyses. Therefore, the proposed change actions in effect without the allowance
The proposed amendments would does not involve a significant reduction in a provided by proposed LCO 3.0.8. Therefore,
margin of safety. the consequences of an accident previously
authorize revision to revise the Updated
evaluated are not significantly affected by
Final Safety Analysis Report (UFSAR) to The NRC staff has reviewed the this change. The addition of a requirement to
describe the flood protection measures licensee’s analysis and, based on this assess and manage the risk introduced by this
for the auxiliary building. review, it appears that the three change will further minimize possible
Basis for proposed no significant standards of 10 CFR 50.92(c) are concerns. Therefore, this change does not
hazards consideration determination: satisfied. Therefore, the NRC staff involve a significant increase in the
As required by 10 CFR 50.91(a), the proposes to determine that the probability or consequences of an accident
licensee has provided its analysis of the previously evaluated.
amendment request involves no
issue of no significant hazards significant hazards consideration. Criterion 2—The Proposed Change Does Not
consideration, which is presented Attorney for licensee: Ms. Lisa F. Create the Possibility of a New or Different
below: Kind of Accident From Any Previously
Vaughn, Associate General Counsel and
Evaluated
(1) Does the proposed change involve a Managing Attorney, Duke Energy
significant increase in the probability or Carolinas, LLC, 526 South Church The proposed change does not involve a
physical alteration of the plant (no new or
consequences of an accident previously Street, Charlotte, NC 28202. different type of equipment will be installed).
evaluated? NRC Branch Chief: Evangelos C. Allowing delay times for entering supported
No. This License Amendment Request Marinos. system TS when inoperability is due solely
(LAR) proposes the use of a realistic seismic
Duke Power Company LLC, et al., to inoperable snubbers, if risk is assessed and
evaluation of the Auxiliary Building
Docket Nos. 50–269, 50–270, and 50– managed, will not introduce new failure
sprinkler system (high pressure service
modes or effects and will not, in the absence
water) piping which demonstrates that these 287, Oconee Nuclear Station, Units 1, 2, of other unrelated failures, lead to an
non-Category I (non-seismic) self-actuating and 3, Oconee County, South Carolina accident whose consequences exceed the
sprinkler systems will not fail during a
Date of amendment request: April 11, consequences of accidents previously
Maximum Hypothetical Earthquake (MHE)
2006. evaluated. The addition of a requirement to
and clarifies Duke’s commitment toward assess and manage the risk introduced by this
Auxiliary Building flood protection measures Description of amendment request:
change will further minimize possible
in the Updated Final Safety Analysis Report The proposed amendment would add
concerns. Thus, this change does not create
(UFSAR). The proposed change does not Technical Specification (TS) Limiting the possibility of a new or different kind of
affect any Chapter 15 accident analyses. Condition for Operation (LCO) 3.0.8 to accident from an accident previously
Operation in accordance with the allow a delay time for entering a evaluated.
amendment authorizing this change would supported system TS when the
not involve any accident initiation sequences Criterion 3—The Proposed Change Does Not
inoperability is due solely to an Involve a Significant Reduction in the Margin
rwilkins on PROD1PC63 with NOTICES

or change the consequences of any accident


analyzed.
inoperable snubber. The proposed of Safety
Therefore, the proposed change does not changes are consistent with approval of The proposed change allows a delay time
involve a significant increase in the TS Task Force (TSTF) change TSTF– for entering a supported system TS when the
probability or consequences of an accident 372, Revision 4, ‘‘Addition of LCO 3.0.8, inoperability is due solely to an inoperable
previously evaluated. Inoperability of Snubbers.’’ snubber, if risk is assessed and managed. The

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152 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

postulated seismic event requiring snubbers applicable design criteria. EGC [Exelon result, the administrative change does not
is a low-probability occurrence and the Generation Company, LLC] will use the NRC- create any new or different kind of accident.
overall TS system safety function would still approved standard reload design models and Based on this evaluation, the proposed
be available for the vast majority of methods to demonstrate that all applicable change does not create the possibility of a
anticipated challenges. The risk impact of the design criteria will be met. Evaluations will new or different kind of accident from any
proposed TS changes was assessed following be performed as part of the cycle specific accident previously evaluated.
the three-tiered approach recommended in reload safety analysis for the operation of the 3. The proposed TS change does not
Regulatory Guide 1.177. A bounding risk AREVA Advanced Mark-BW(A) fuel to involve a significant reduction in a margin of
assessment was performed to justify the confirm that the acceptance criteria of the safety.
proposed TS changes. This application of existing safety analyses continue to be met. Operation of Braidwood Station, Unit [No.]
LCO 3.0.8 is predicated upon the licensee’s Operation of the AREVA Advanced Mark- 1 with up to eight AREVA Advanced Mark-
performance of a risk assessment and the BW(A) fuel will not significantly increase the BW(A) fuel assemblies in nonlimiting core
management of plant risk. The net change to predicted radiological consequences of regions (i.e., locations) does not change the
the margin of safety is insignificant. accidents postulated in the Updated Final performance requirements on any system or
Therefore, this change does not involve a Safety Analysis Report. component such that any design criteria will
significant reduction in a margin of safety. The proposed change regarding removal of be exceeded. The normal limits on core
all references in TS to the Joseph Oat spent operation defined in the Braidwood Station
The NRC staff proposes to determine fuel racks is administrative and deletes TS will remain applicable for the use of up
that the amendment request involves no unnecessary wording relating to equipment to eight AREVA Advanced Mark-BW(A) fuel
significant hazards consideration. that is physically removed from the assemblies during Cycles 14, 15, and 16. The
Attorney for licensee: Lisa F. Vaughn, Braidwood Station spent fuel pool and reload core designs for the cycles in which
Associate General Counsel and therefore does not alter the design, the AREVA Advanced Mark-BW(A) fuel will
Managing Attorney, Duke Energy configuration, operation, or function of any operate will specifically evaluate any
Carolinas, LLC, 526 South Church plant system, structure or component. As a pertinent differences, including both
result, the administrative change does not mechanical design differences and the past
Street, EC07H, Charlotte, NC 28202. affect the outcome of any previously
NRC Branch Chief: Evangelos C. irradiation history, between the AREVA
evaluated accidents. Advanced Mark-BW(A) fuel product, and the
Marinos. Based on the above discussion, the Westinghouse fuel product that will be co-
Exelon Generation Company, LLC, proposed changes do not involve a resident in the core. The use of up to eight
significant increase in the probability or AREVA Advanced Mark-BW(A) fuel
Docket Nos. STN 50–456 and STN 50– consequences of an accident previously
457, Braidwood Station, Unit Nos. 1 and assemblies will be specifically evaluated
evaluated. during the reload design process using reload
2, Will County, Illinois 2. The proposed TS change does not create design models and methods as approved by
Date of amendment request: the possibility of a new or different kind of the NRC.
September 26, 2006. accident from any accident previously The proposed change regarding removal of
evaluated. all references in TS to Joseph Oat spent fuel
Description of amendment request: The AREVA Advanced Mark-BW(A) fuel is
The proposed amendment would allow racks is administrative and deletes
similar in design to the Westinghouse fuel unnecessary wording relating to equipment
up to eight AREVA NP Inc. Modified that will be co-resident in the core. The that is physically removed from the
Advanced Mark-BW(A) fuel assemblies Advanced Mark-BW(A) fuel assemblies are Braidwood Station spent fuel pool and
containing M5 alloy to be placed in also similar in design to the Advanced Mark- therefore does not alter the design,
nonlimitng Braidwood Station, Unit No. BW assemblies using M5 alloy material for configuration, operation, or function of an
1 core regions for evaluation during the cladding, structural tubing, and grids plant system, structure or component. As a
Cycle 14, 15, and 16. The proposed generically approved for use in Westinghouse result, the administrative change does not
amendment would also remove all 3- and 4-loop designed pressurized water affect the ability of any operable structure,
reactors with 17 x 17 fuel rod arrays. The system, or component to perform its
references to Joseph Oat spent fuel Braidwood Station, Unit [No.] 1 cores in
storage racks that have been physically designated safety function.
which the fuel operates will be designed to Based on this evaluation, the proposed
removed from the spent fuel pool. meet all applicable design criteria and ensure change does not involve a significant
Basis for proposed no significant that all pertinent licensing basis criteria are reduction in a margin of safety.
hazards consideration determination: met. Demonstrated adherence to these
As required by 10 CFR 50.91(a), the standards and criteria precludes new The NRC staff has reviewed the
licensee has provided its analysis of the challenges to components and systems that licensee’s analysis and, based on this
issue of no significant hazards could introduce a new type of accident. The review, it appears that the three
consideration, which is presented reload core designs for the cycles in which standards of 10 CFR 50.92(c) are
the AREVA Advanced Mark-BW(A) fuel will satisfied. Therefore, the NRC staff
below: operate will demonstrate that the use of up proposes to determine that the
1. The proposed TS [technical to eight AREVA Advanced Mark-BW(A) fuel requested amendments involve no
specification] change does not involve a assemblies in nonlimiting core regions (i.e.,
significant increase in the probability or locations) is acceptable. The relevant design
significant hazards consideration.
consequences of an accident previously and performance criteria will continue to be Attorney for licensee: Mr. Bradley J.
evaluated. met and no new single failure mechanisms Fewell, Assistant General Counsel,
The AREVA Advanced Mark-BW(A) fuel is will be created. The use of AREVA Advanced Exelon Generation Company, LLC, 200
similar in design to the Westinghouse fuel Mark-BW(A) fuel does not involve any Exelon Way, Kennett Square, PA 19348.
that will be co-resident in the core. The alteration to plant equipment or procedures NRC Branch Chief: Michael L.
Advanced Mark-BW(A) fuel assemblies are that would introduce any new or unique Marshall, Jr.
also similar in design to the Advanced Mark- operational modes or accident precursors.
BW assemblies using M5 alloy material for The proposed change regarding removal of Florida Power and Light Company, et
the cladding, structural tubing, and grids all references in TS to Joseph Oat spent fuel al., Docket Nos. 50–335 and 50–389, St.
generically approved for use in Westinghouse racks is administrative and deletes Lucie Plant, Unit Nos. 1 and 2, St. Lucie
rwilkins on PROD1PC63 with NOTICES

3- and 4-loop designed pressurized water unnecessary wording relating to equipment County, Florida
reactors with 17 × 17 fuel rod arrays. The that is physically removed from the
AREVA Advanced Mark-BW(A) fuel Braidwood Station spent fuel pool and Date of amendment request: October
assemblies will be placed in nonlimiting therefore does not alter the design, 19, 2006.
regions (i.e., locations) of the core. The Cycle configuration, operation, or function of an Description of amendment request:
14, 15, and 16 reload designs will meet all plant system, structure or component. As a The proposed amendments would

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 153

revise Technical Specification 4.6.2.1.d review, it appears that the three administrative errors or incorporate changes
to allow the frequency of air or smoke standards of 50.92(c) are satisfied. that have been justified by previously
flow testing of the containment spray Therefore, the NRC staff proposes to approved license amendments and should
have been made as part of those submittals.
nozzles to be reduced from 10 years to determine that the amendment request
Therefore, operation of the facility in
an activity-related frequency following involves no significant hazards accordance with the proposed amendments
maintenance that could cause a consideration. would not create the possibility of a new or
blockage. Attorney for licensee: M.S. Ross, different kind of accident from any accident
Basis for proposed no significant Attorney, Florida Power & Light, P.O. previously evaluated.
hazards consideration determination: Box 14000, Juno Beach, Florida 33408– (3) Operation of the facility in accordance
As required by 10 CFR 50.91(a), the 0420. with the proposed amendment would not
licensee has provided its analysis of the NRC Branch Chief: Douglas V. Pickett involve a significant reduction in a margin of
issue of no significant hazards (Acting). safety.
consideration, which is presented The TS corrections proposed by these
Florida Power and Light Company, et license amendments are administrative in
below: al., Docket Nos. 50–335 and 50–389, St. nature in that they either correct
1. Does the change involve a significant Lucie Plant, Unit Nos. 1 and 2, St. Lucie typographical errors (e.g., letter dates and
increase in the probability or consequences County, Florida transient limits) or are justified by previous
of an accident previously evaluated? license amendments (i.e., relocation of
No. The proposed change revises the Date of amendment request: October administrative programs to the TQAR, the
surveillance frequency from once per 10 19, 2006. implementation of TSTF–51 for recently
years to following activities that could result Description of amendment request: irradiated fuel, and correct inconsistencies
in nozzle blockage. The containment spray The proposed amendments would introduced by AFAS trip and bypass
system nozzles are passive components and revise various Technical Specifications requirements). Therefore, operation of the
are not considered as an initiator of any (TSs) to address requirements that facility in accordance with the proposed
analyzed event. The proposed change will amendment would not involve a significant
should have been changed as part of
not impact the ability of the containment reduction in a margin of safety.
spray system to mitigate the consequences of previously approved amendments.
an accident. Industry experience indicates These amendments included TS The NRC staff has reviewed the
that containment spray systems of similar changes regarding relocation of licensee’s analysis and, based on this
design are highly reliable and not susceptible administrative requirements to licensee review, it appears that the three
to plugging due to the open design of the controlled programs such as the Topical standards of 50.92(c) are satisfied.
nozzles, the location of the nozzles high in Quality Assurance Report (TQAR), Therefore, the NRC staff proposes to
the containment dome, and the corrosion handling of recently irradiated fuel in
resistant materials used for construction of determine that the amendment request
accordance with TS Task Force change involves no significant hazards
the system. The alternative frequency of this
surveillance has no impact on the probability traveler TSTF–51, and Auxiliary consideration.
of failure of associated active systems. Feedwater Actuation System (AFAS) Attorney for licensee: M.S. Ross,
Therefore, there is no significant increase in trip and bypass requirements. The Attorney, Florida Power & Light, P.O.
the probability or consequences of previously proposed amendments also correct some Box 14000, Juno Beach, Florida 33408–
evaluated accidents due to the extended typographical errors. 0420.
surveillance frequency. Basis for proposed no significant
2. Does the change create the possibility of NRC Branch Chief: Douglas V. Pickett
hazards consideration determination:
a new or different kind of accident from any (Acting).
As required by 10 CFR 50.91(a), the
accident previously evaluated?
licensee has provided its analysis of the Indiana Michigan Power Company
No. The proposed amendment provides an
alternative frequency for performance of the issue of no significant hazards (I&M), Docket Nos. 50–315 and 50–316,
spray nozzle surveillance test. The consideration, which is presented Donald C. Cook Nuclear Plant, Unit 1
containment spray nozzles are used for below: and 2, Berrien County, Michigan
accident mitigation only. Potential (1) Operation of the facility in accordance
unidentified blockage of the containment
Date of amendment request:
with the proposed amendment would not November 3, 2006.
spray nozzles will not result in the initiation involve a significant increase in the
of an accident. The change does not involve probability or consequences of an accident
Description of amendment request:
a physical alteration of the plant nor does it previously evaluated. The proposed amendment would
result in an operational condition different These proposed license amendments modify the Technical Specifications
from that which has already been considered require no plant hardware or operational (TS) to reflect a proposed plant
in the accident analyses. Therefore, the modifications. The proposed changes either modification that will replace the
change does not create the possibility of a correct various administrative errors or
new or different kind of accident or
reactor coolant system resistance
incorporate changes that have been justified temperature detectors (RTDs) and
malfunction from any accident previously by previously approved license amendments
evaluated. bypass piping with fast response
and should have been made as part of those thermowell detectors mounted directly
3. Does this change involve a significant submittals. Therefore, operation of the
reduction in margin of safety?
facility in accordance with the proposed
in the primary loop piping. The specific
No. The alternative frequency of spray TS requirements affected include the
amendments would not involve a significant
nozzle testing has no significant impact on notes in Unit 2 TS surveillance
increase in the probability or consequences
the consequences of any analyzed accident requirement for channel calibration of
of an accident previously evaluated.
and does not significantly change the failure
probability of any equipment that provides
(2) Operation of the facility in accordance the overtemperature differential
with the proposed amendment would not temperature (OTDT) and overpower
protection for the health and safety of the
create the possibility of a new or different differential temperature (OPDT) reactor
public. The containment spray system will
kind of accident from any accident trip system functions. The proposed
continue to be capable of maintaining
rwilkins on PROD1PC63 with NOTICES

previously evaluated. change also affects the Unit 1 and Unit


containment temperature and pressure below
design values. Therefore, there is no No modifications to either plant hardware
or operational procedures are required to
2 TS allowable values for OTDT and
significant reduction in the margin of safety. OPDT reactor trip systems functions.
support these proposed license amendments;
The NRC staff has reviewed the hence, no new failure modes are created. The Basis for proposed no significant
licensee’s analysis and, based on this proposed changes either correct various hazards consideration determination:

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154 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

As required by 10 CFR 50.91(a), the Attorney for licensee: Kimberly Response: No.
licensee has provided its analysis of the Harshaw, Esquire, One Cook Place, The proposed change deletes a reporting
issue of no significant hazards Bridgman, MI 49106. requirement. The change does not affect
consideration, which is presented NRC Branch Chief: L. Raghavan. plant equipment or operating practices and
below: therefore does not involve a significant
Pacific Gas and Electric Company, reduction in a margin of safety.
1. Does the proposed change involve a Docket Nos. 50–275 and 50–323, Diablo
significant increase in the probability of Canyon Nuclear Power Plant, Unit Nos. The NRC staff proposes to determine
occurrence or consequences of an accident 1 and 2, San Luis Obispo County, that the amendment request involves no
previously evaluated?
Response: No. California significant hazards consideration.
The resistance temperature detectors (RTD) Date of amendment requests: Attorney for licensee: Antonio
bypass system is the hardware associated December 14, 2006. Fernandez, Esq., Pacific Gas and Electric
with Reactor Coolant System instrumentation Description of amendment requests: Company, P.O. Box 7442, San
having control, indication, and protection The proposed amendments would Francisco, California 94120.
functions. The RTD bypass system is not
considered a precursor to any previously
delete Section 2.G of the Diablo Canyon NRC Branch Chief: David Terao.
analyzed accident. The system is relied upon Power Plant Facility Operating Licenses,
to mitigate the consequences of some which requires reporting of violations of Wolf Creek Nuclear Operating
accidents. The new system replacing the RTD the requirements in Sections 2.C, 2.E, Corporation, Docket No. 50–482, Wolf
bypass system will perform the same control, and 2.F of the Facility Operating Creek Generating Station, Coffey
indication, and protection functions, and, License. County, Kansas
similarly, will not be considered a precursor The NRC staff issued a notice of
to any accident. The capability of the system opportunity to comment in the Federal Date of amendment request:
to mitigate the consequences of the December 15, 2006.
previously analyzed accidents will not be
Register on August 29, 2005 (70 FR
significantly affected. Therefore, replacement 51098), on possible amendments to Description of amendment request:
of the existing RTD bypass system with the eliminate the license condition The amendment request would revise
new system will not increase the probability involving reporting of violations of the Technical Specifications (TSs) to
of occurrence of an accident, and will not other requirements (typically in License adopt NRC-approved Revision 4 to
increase consequences of an accident Condition 2.C) in the operating license, Technical Specification Task Force
previously evaluated. including a model safety evaluation and (TSTF) Standard Technical
2. Does the proposed change create the
possibility of a new or different kind of
model no significant hazards Specification Change Traveler TSTF–
accident from any accident previously consideration (NSHC) determination, 372, ‘‘Addition of LCO [Limiting
evaluated? using the consolidated line item Condition for Operation] 3.0.8,
Response: No. improvement process. The NRC staff Inoperability of Snubbers.’’ The
The replacement of the existing RTD subsequently issued a notice of amendment would add (1) a new LCO
bypass with the new system would not create availability of the model for referencing 3.0.8 addressing when one or more
new failure modes, and the replacement in license amendment applications in required snubbers are unable to perform
system is not an initiator of any new or the Federal Register on November 4, their associated support function(s) (i.e.,
different kind of accident. The proposed
deletion of the note in Technical 2005 (70 FR 67202). The licensee the snubber is inoperable) and (2) a
Specification (TS) Surveillance Requirement affirmed the applicability of the NSHC reference to LCO 3.0.8 in LCO 3.0.1 on
3.3.1.15, and proposed changes to Allowable determination in its application dated when LCOs shall be met.
Values in TS Table 3.3.1–1 do not affect the December 14, 2006. The NRC staff issued a notice of
interaction of the replacement system with Basis for proposed no significant opportunity for comment in the Federal
any system whose failure or malfunction can hazards consideration determination:
initiate an accident. Therefore, the proposed Register on November 24, 2004 (69 FR
As required by 10 CFR 50.91(a), an 68412), on possible license amendments
change does not create the possibility of a analysis of the issue of no significant
new [or] different kind of accident from any adopting TSTF–372 using the NRC’s
previously evaluated. hazards consideration is presented consolidated line item improvement
3. Does the proposed change involve a below: process (CLIIP) for amending licensee’s
significant reduction in a margin of safety? 1. Does the change involve a significant TSs, which included a model safety
Response: No. increase in the probability or consequences evaluation (SE) and model no
Margins of safety are established in the of an accident previously evaluated?
design of components, the configuration of significant hazards consideration
Response: No.
components to meet certain performance The proposed change involves the deletion
(NSHC) determination. The NRC staff
parameters, and in the models and associated of a reporting requirement. The change does subsequently issued a notice of
assumptions used to analyze the system’s not affect plant equipment or operating availability of the models for referencing
performance. The replacement system will practices and therefore does not significantly in license amendment applications in
continue to perform the same temperature increase the probability or consequences of the Federal Register on May 4, 2005 (70
detection function to the same level of an accident previously evaluated. FR 23252), which included the
reliability as defined in the Donald C. Cook 2. Does the change create the possibility of
Nuclear Plant Updated Final Safety Analysis
resolution of public comments on the
a new or different kind of accident from any model SE. The May 4, 2005, notice of
Report. Therefore, the proposed amendment accident previously evaluated?
does not involve a significant reduction in a Response: No.
availability referenced the November 24,
margin of safety. The proposed change is administrative in 2004, notice. The licensee has affirmed
The Nuclear Regulatory Commission that it deletes a reporting requirement. The the applicability of the following NSHC
(NRC) staff has reviewed the licensee’s change does not add new plant equipment, determination in its application.
analysis and, based on this review, it change existing plant equipment, or affect the Basis for proposed no significant
rwilkins on PROD1PC63 with NOTICES

operating practices of the facility. Therefore,


appears that the three standards of 10 the change does not create the possibility of
hazards consideration determination:
CFR 50.92(c) are satisfied. Therefore, the a new or different kind of accident from any As required by 10 CFR 50.91(a), an
NRC staff proposes to determine that the accident previously evaluated. analysis of the issue of no significant
amendment requests involve no 3. Does the proposed change involve a hazards consideration is presented
significant hazards consideration. significant reduction in a margin of safety? below:

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 155

Criterion 1—The Proposed Change Does Not is insignificant. Therefore, this change does have access to ADAMS or if there are
Involve a Significant Increase in the not involve a significant reduction in a problems in accessing the documents
Probability or Consequences of an Accident margin of safety. located in ADAMS, contact the PDR
Previously Evaluated The NRC staff proposes to determine Reference staff at 1 (800) 397–4209,
The proposed change allows a delay time that the amendment request involves no (301) 415–4737 or by e-mail to
for entering a supported system technical significant hazards consideration. pdr@nrc.gov.
specification (TS) when the inoperability is Attorney for licensee: Jay Silberg, Esq.,
due solely to an inoperable snubber if risk is Carolina Power & Light Company,
assessed and managed. The postulated
Pillsbury Winthrop Shaw Pittman LLP,
2300 N Street, NW., Washington, DC Docket No. 50–261, H. B. Robinson
seismic event requiring snubbers is a low- Steam Electric Plant, Unit No. 2
probability occurrence and the overall TS 20037.
system safety function would still be NRC Branch Chief: David Terao. (HBRSEP2), Darlington County, South
available for the vast majority of anticipated Carolina
Notice of Issuance of Amendments to
challenges. Therefore, the probability of an Date of application for amendment:
accident previously evaluated is not Facility Operating Licenses
April 11, 2006, as supplemented by
significantly increased, if at all. The During the period since publication of letter dated November 9, 2006.
consequences of an accident while relying on the last biweekly notice, the
allowance provided by proposed LCO 3.0.8
Brief description of amendment: The
Commission has issued the following amendment modifies Technical
are no different than the consequences of an
amendments. The Commission has Specification (TS) 5.6.5, ‘‘Core
accident while relying on the TS required
actions in effect without the allowance determined for each of these Operating Limits Report (COLR),’’ to
provided by proposed LCO 3.0.8. Therefore, amendments that the application add a U.S. Nuclear Regulatory
the consequences of an accident previously complies with the standards and Commission-approved topical report to
evaluated are not significantly affected by requirements of the Atomic Energy Act the listing of analytical methods in TS
this change. The addition of a requirement to of 1954, as amended (the Act), and the 5.6.5.b. This change will allow for the
assess and manage the risk introduced by this Commission’s rules and regulations.
change will further minimize possible
use of the S–RELAP5 thermal-hydraulic
The Commission has made appropriate analysis code for the non-loss-of-coolant
concerns. Therefore, this change does not findings as required by the Act and the
involve a significant increase in the accident analyses at HBRSEP2.
Commission’s rules and regulations in Date of issuance: November 29, 2006.
probability or consequences of an accident
previously evaluated. 10 CFR Chapter I, which are set forth in Effective date: Effective as of the date
the license amendment. of its issuance and shall be
Criterion 2—The Proposed Change Does Not Notice of Consideration of Issuance of
Create the Possibility of a New or Different implemented within 60 days.
Kind of Accident From Any Accident
Amendment to Facility Operating Amendment No. 211.
Previously Evaluated License, Proposed No Significant Renewed Facility Operating License
Hazards Consideration Determination, No. DPR–23. Amendment revises the
The proposed change does not involve a
physical alteration of the plant (no new or
and Opportunity for a Hearing in Technical Specifications.
different type of equipment will be installed). connection with these actions was Date of initial notice in Federal
Allowing delay times for entering [a] published in the Federal Register as Register: August 29, 2006 (71 FR
supported system TS when inoperability is indicated. 51224).
due solely to inoperable snubbers, if risk is Unless otherwise indicated, the The supplemental letter dated
assessed and managed, will not introduce Commission has determined that these November 9, 2006, provided clarifying
new failure modes or effects and will not, in amendments satisfy the criteria for information that did not change the
the absence of other unrelated failures, lead categorical exclusion in accordance
to an accident whose consequences exceed initial proposed no significant hazards
with 10 CFR 51.22. Therefore, pursuant consideration determination or expand
the consequences of accidents previously
evaluated. The addition of a requirement to to 10 CFR 51.22(b), no environmental the scope of the initial application.
assess and manage the risk introduced by this impact statement or environmental The Commission’s related evaluation
change will further minimize possible assessment need be prepared for these of the amendment is contained in a
concerns. Thus, this change does not create amendments. If the Commission has Safety Evaluation dated November 29,
the possibility of a new or different kind of prepared an environmental assessment 2006.
accident from an accident previously under the special circumstances No significant hazards consideration
evaluated. provision in 10 CFR 51.12(b) and has comments received: No.
Criterion 3—The Proposed Change Does Not made a determination based on that
Involve a Significant Reduction in a Margin assessment, it is so indicated. Entergy Nuclear Operations, Inc.,
of Safety For further details with respect to the Docket Nos. 50–247 and 50–286, Indian
The proposed change allows a delay time action, see (1) the applications for Point Nuclear Generating Unit Nos. 2
for entering a supported system TS when the amendment, (2) the amendment, and (3) and 3 (IP2 and IP3), Westchester
inoperability is due solely to an inoperable the Commission’s related letter, Safety County, New York
snubber, if risk is assessed and managed. The Evaluation and/or Environmental
postulated seismic event requiring snubbers
Date of application for amendment:
is a low-probability occurrence and the
Assessment as indicated. All of these December 27, 2005, as supplemented by
overall TS system safety function would still items are available for public inspection letter dated August 22, 2006.
be available for the vast majority of at the Commission’s Public Document Brief description of amendment: The
anticipated challenges. The risk impact of the Room (PDR), located at One White Flint amendment changes consist of the
proposed TS changes was assessed following North, Public File Area 01F21, 11555 following changes to the plant
the three-tiered approach recommended in Rockville Pike (first floor), Rockville, Technical Specifications (TSs):
[NRC] RG [Regulatory Guide] 1.177. A Maryland. Publicly available records • Adoption of Technical
bounding risk assessment was performed to will be accessible from the Agencywide Specification Task Force (TSTF)–258,
rwilkins on PROD1PC63 with NOTICES

justify the proposed TS changes. This


application of LCO 3.0.8 is predicated upon
Documents Access and Management Revision 4; regarding changes to TS
the licensee’s performance of a risk Systems (ADAMS) Public Electronic Section 5.0, Administrative Controls.
assessment and the management of plant Reading Room on the Internet at the • Adoption of TSTF–308, Revision 1;
risk[, which is required by the proposed LCO NRC Web site, http://www.nrc.gov/ regarding the determination of
3.0.8]. The net change to the margin of safety reading-rm/adams.html. If you do not cumulative and projected dose

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156 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

contributions in the Radioactive Exelon Generation Company, LLC, Brief description of amendments: The
Effluents Control Program (RECP). Docket Nos. STN 50–454 and STN 50– amendments revised Technical
• Revision of the IP2 definition for 455, Byron Station, Unit Nos. 1 and 2, Specification (TS) 3.7.3, ‘‘Intake Cooling
dose equivalent iodine-131 based on Ogle County, Illinois Water System,’’ Action a, to increase the
Docket Nos. STN 50–456 and STN 50– allowed outage time for one inoperable
NUREG–1431, Revision 3.
intake cooling water pump from 7 days
• Revision of the IP2 RECP 457, Braidwood Station, Unit Nos. 1 and
to 14 days.
requirements based on NUREG–1431, 2, Will County, Illinois
Date of issuance: December 12, 2006.
Revision 3. Date of application for amendment: Effective date: December 12, 2006.
January 12, 2006. Amendment Nos.: 232 and 227.
• Revision of the IP3 Explosive Gas
Brief description of amendment: The Renewed Facility Operating License
and Storage Tank Radioactivity Nos. DPR–31 and DPR–41: Amendments
amendments revised Technical
Monitoring Program requirements based revised the TSs.
Specification 3.6.6, ‘‘Containment Spray
on NUREG–1431. and Cooling Systems,’’ Surveillance Date of initial notice in Federal
Date of issuance: December 13, 2006. Requirement 3.6.6.3, governing Register: September 12, 2006 (71 FR
Effective date: As of the date of containment cooling train cooling water 53717). The December 12, 2006,
flow rate, from ‘‘ >2660 gallons per Supplement did not affect the original
issuance, and shall be implemented
minute (gpm) to each train’’ to ‘‘ >2660 proposed no significant hazards
within 30 days.
gpm to each cooler,’’ to accurately determination, or expand the scope of
Entergy Operations, Inc., Docket No. 50– reflect the plant design. the request as noticed in the Federal
368, Arkansas Nuclear One, Unit No. 2, Date of issuance: December 6, 2006. Register.
Pope County, Arkansas Effective date: As of the date of The Commission’s related evaluation
issuance and shall be implemented of the amendments is contained in a
Date of application for amendment: within 30 days. Safety Evaluation dated December 12,
February 14, 2006. Amendment Nos.: 149, 149, 143 and 2006.
Brief description of amendment: The 143. No significant hazards consideration
Facility Operating License Nos. NPF– comments received: No.
amendment eliminated the requirement
to verify containment isolation valves 37, NPF–66, NPF–72 and NPF–77: The FPL Energy Duane Arnold, LLC, Docket
that are maintained locked, sealed, or amendments revised the Technical No. 50–331, Duane Arnold Energy
otherwise secured closed from the Specifications and License. Center, Linn County, Iowa
monthly position verification. A new Date of initial notice in Federal
Date of application for amendment:
surveillance requirement, (SR) 4.6.1.1.d, Register: April 25, 2006 (71 FR 23954)
The Commission’s related evaluation April 28, 2006.
was also added to replace the existing Brief description of amendment: The
of the amendments is contained in a
note and reflects the SR for similar amendment modifies the Technical
Safety Evaluation dated December 6,
devices located inside containment. In Specification (TS) requirements for
2006.
addition, a new note was included to inoperable snubbers by adding Limiting
No significant hazards consideration
allow verification by use of Condition for Operation 3.0.8. This
comments received: No.
administrative means of the valves and Amendment No.: 250 and 232 change is based on the NRC-approved
blind flanges that are located in high- Facility Operating License Nos. DPR– Technical Specification Task Force
radiation areas. In this regard, the 26 and DPR–64: The amendment (TSTF) standard TS change TSTF–372,
amendment adopts TS Task Force revised the License and the Technical Revision 4. A notice of availability for
(TSTF) Improved Standard TS Change Specifications. this TS improvement using the
Traveler No. 45 (TSTF–45–A), ‘‘Exempt Date of initial notice in Federal consolidated line item improvement
Verification of Containment Isolation Register: February 14, 2006 (71 FR process was published in the Federal
7807). Register on May 4, 2005 (70 FR 23252).
Valves that are Not Locked, Sealed, or
The letter dated August 22, 2006, Date of issuance: December 14, 2006.
Otherwise Secured.’’ Effective date: As of the date of
supplement provided additional
Date of issuance: December 18, 2006. issuance and shall be implemented
information that clarified the
Effective date: As of the date of within 180 days.
application, did not expand the scope of Amendment No.: 263.
issuance and shall be implemented the application as originally noticed, Facility Operating License No. DPR–
within 60 days from the date of and did not change the NRC staff’s 49: The amendment revises the TSs.
issuance. original proposed no significant hazards Date of initial notice in Federal
Amendment No.: 269. consideration determination as Register: (71 FR 43534) August 1, 2006.
published in the Federal Register. The Commission’s related evaluation
Renewed Facility Operating License The Commission’s related evaluation
No. NPF–6: Amendment revised the of the amendment is contained in a
of the amendment is contained in a Safety Evaluation dated December 14,
Operating License and Technical Safety Evaluation dated December 13, 2006.
Specifications. 2006. No significant hazards consideration
Date of initial notice in Federal No significant hazards consideration comments received: No.
Register: April 11, 2006 (71 FR 18373). comments received: No.
Nine Mile Point Nuclear Station, LLC,
The Commission’s related evaluation Florida Power and Light Company, Docket No. 50–410, Nine Mile Point
of the amendment is contained in a Docket Nos. 50–250 and 50–251, Turkey Nuclear Station, Unit 2 (NMP2), Oswego
rwilkins on PROD1PC63 with NOTICES

Safety Evaluation dated December 18, Point Plant, Units 3 and 4, Miami-Dade County, New York
2006. County, Florida Date of application for amendment:
No significant hazards consideration Date of amendment request: June 21, May 11, 2006.
comments received: No. 2006, as supplemented December 12, Brief description of amendment: The
2006. amendment revised NMP2 Technical

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 157

Specification (TS) 3.1.7, ‘‘Standby Pacific Gas and Electric Company, Date of initial notice in Federal
Liquid Control (SLC) System,’’ (SLCS) Docket No. 50–323, Diablo Canyon Register: May 9, 2006 (71 FR 27004).
by increasing the minimum required Nuclear Power Plant, Unit No. 2, San The supplement dated July 6, 2006,
NMP2 SLCS pump test discharge Luis Obispo County, California provided additional information that
pressure specified in TS Surveillance Date of application for amendment: clarified the application, did not expand
Requirement 3.1.7.7 from 1235 psig to January 13, 2006, as supplemented by the scope of the application as originally
1320 psig. letter dated September 29, 2006. noticed, and did not change the staff’s
Date of issuance: December 14, 2006. Brief description of amendment: The original proposed no significant hazards
amendment revised TS 5.6.5, ‘‘Core consideration determination. The
Effective date: As of the date of Commission’s related evaluation of the
issuance to be implemented within 60 Operating Limits Report (COLR),’’ by
adding Westinghouse Topical Report amendments is contained in a Safety
days. Evaluation dated December 12, 2006.
WCAP–16009–P–A, ‘‘Realistic Large-
Amendment No.: 117. Break LOCA [Loss-of-Coolant Accident] No significant hazards consideration
Facility Operating License No. NPF– Evaluation Methodology Using the comments received: No.
69: Amendment revised the License and Automated Statistical Treatment of Tennessee Valley Authority, Docket No.
Technical Specifications. Uncertainty Method (ASTRUM),’’ dated 50–390, Watts Bar Nuclear Plant, Unit 1,
Date of initial notice in Federal January 2005, as an approved analytical Rhea County, Tennessee
Register: September 26, 2006 (71 FR method for determining the core Date of application for amendment:
56192). operating limits for Diablo Canyon December 15, 2005, as supplemented by
Power Plant, Unit No. 2. letters dated June 12 and September 8,
The staff’s related evaluation of the
Date of issuance: December 20, 2006. 2006 (TS–05–10).
amendment is contained in a Safety
Effective date: As of its date of Brief description of amendment: The
Evaluation dated December 14, 2006.
issuance, and shall be implemented amendment revises the existing steam
No significant hazards consideration within 90 days of issuance. generator tube surveillance program and
comments received: No. Amendment No.: 192. was modeled after the U.S. Nuclear
Nuclear Management Company, Docket Facility Operating License No. DPR– Regulatory Commission’s approved
No. 50–263, Monticello Nuclear 82: The amendment revised the Facility Technical Specification Task Force
Generating Plant (MNGP), Wright Operating License and the Technical (TSTF) Standard Technical
County, Minnesota Specifications. Specification Change Traveler, TSTF–
Date of initial notice in Federal 449, ‘‘Steam Generator Tube Integrity,’’
Date of application for amendment: Register: February 28, 2006 (71 FR Revision 4. TSTF–449 is part of the
September 15, 2005, as supplemented 10076). consolidated line item improvement
on April 13, August 21, and August 22, The September 29, 2006, process.
2006. supplemental letter provided additional Date of issuance: November 3, 2006.
Brief description of amendment: The information that clarified the Effective date: As of the date of
amendment revised the MNGP licensing application, did not expand the scope of issuance and shall be implemented
basis by implementing the full-scope the application as originally noticed and prior to entering Mode 4 during startup
alternative source term methodology, did not change the staff’s original from the Unit 1 Cycle 7 refueling outage.
resulting in revision of portions of the proposed no significant hazards Amendment No.: 65.
Technical Specifications to reflect this consideration determination. The Facility Operating License No. NPF–
licensing basis change. Commission’s related evaluation of the 90: Amendment revises the Technical
amendment is contained in a Safety Specifications.
Date of issuance: December 7, 2006. Evaluation dated December 20, 2006. Date of initial notice in Federal
Effective date: As of the date of No significant hazards consideration Register: March 28, 2006 (71 FR
issuance and shall be implemented comments received: No. 15489 ). The supplemental letters
within 60 days of issuance. provided clarifying information that was
Southern Nuclear Operating Company,
Amendment No: 148. Inc., Docket Nos. 50–424 and 50–425, within the scope of the initial notice
Vogtle Electric Generating Plant, Units 1 and did not change the initial proposed
Facility Operating License No. DPR–
and 2, Burke County, Georgia no significant hazards consideration
22: Amendment revised the Facility
determination.
Operating License and Technical Date of application for amendments: The Commission’s related evaluation
Specifications. March 29, 2006, as supplemented July 6, of the amendment is contained in a
The supplemental letters contained 2006. Safety Evaluation dated: November 3,
clarifying information and did not Brief description of amendments: The 2006.
change the initial no significant hazards amendments revised the Technical No significant hazards consideration
consideration determination, and did Specifications for containment tendon comments received: No. 65.
not expand the scope of the original surveillance to provide consistency with
Federal Register notice. the requirements of the regulations. Tennessee Valley Authority, Docket
Date of issuance: December 12, 2006. Nos. 50–327 and 50–328, Sequoyah
Date of initial notice in Federal Nuclear Plant, Units 1 and 2, Hamilton
Register: February 14, 2006 (71 FR Effective date: As of the date of
issuance and shall be implemented County, Tennessee
7808).
within 90 days from the date of Date of application for amendments:
The Commission’s related evaluation issuance. July 6, 2006 (TS–06–04).
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of the amendments is contained in a Amendment Nos.: 147, 127. Brief description of amendments: The
Safety Evaluation dated December 7, Facility Operating License Nos. NPF– amendment revises Technical
2006. 68 and NPF–81: Amendments revised Specification 3.1.3.2, ‘‘Position
No significant hazards consideration the licenses and the technical Indication Systems—Operating,’’ for the
comments received: No. specifications. Sequoyah Nuclear Plant, Units 1 and 2,

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158 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

to allow for the use of an alternate Tennessee Valley Authority, Docket No. Dose Equivalent I–131 in TS 1.1 is
means other than movable incore 50–390, Watts Bar Nuclear Plant, Unit 1, revised to allow alternate NRC-approved
detectors to monitor the position of a Rhea County, Tennessee thyroid dose conversion factors.
control or shutdown rod should Date of application for amendment: Date of issuance: December 18, 2006.
problems occur with the analog rod June 16, 2006. Effective date: As of its date of
position indication system. The use of Brief description of amendment: The issuance, and shall be implemented
this alternate method will reduce the amendment revises TS Section 5.7.2.11, within 90 days of the date of issuance.
frequency of flux mapping using ‘‘Inservice Testing Program’’, consistent
movable incore detectors to determine Amendment No.: 178.
with Technical Specification Task Force
the position of the non-indicating rod. Facility Operating License No. NPF–
(TSTF) Traveler 479, Revision 0,
This will reduce the wear on the 30: The amendment revised the
‘‘Changes to Reflect Revision of 10 CFR
movable incore detector system that is Operating License and Technical
50.55a’’ and TSTF 279, Revision 0,
also used to complete other required TS Specifications.
‘‘Remove ‘applicable supports’ from
surveillances. Inservice Testing Program.’’ The Date of initial notice in Federal
Date of issuance: December 11, 2006. changes replace references to Section XI Register: June 20, 2006 (71 FR 35461).
Effective date: As of the date of The Commission’s related evaluation
of the ASME Boiler and Pressure Vessel
issuance and shall be implemented of the amendment is contained in a
Code with the ASME Operation and
within 45 days. Safety Evaluation dated December 18,
Maintenance Code for inservice testing
Amendment Nos.: 315 and 304. 2006.
Facility Operating License Nos. DPR– (IST) activities and removes reference to
77 and DPR–79: Amendments revised ‘‘applicable supports’’ from the IST No significant hazards consideration
the technical specifications. program. In addition, the changes limit comments received: No.
Date of initial notice in Federal the applicability of Surveillance
Requirement 3.0.2 provisions to other Union Electric Company, Docket No.
Register: August 15, 2006 (71 FR 50–483, Callaway Plant, Unit 1,
46938). The Commission’s related normal and accelerated frequencies
specified as two years or less in the IST Callaway County, Missouri
evaluation of the amendments is
contained in a Safety Evaluation dated program. Date of application for amendment:
No significant hazards consideration Date of issuance: December 18, 2006. May 9, 2006.
comments received: No. Effective date: As of the date of Brief description of amendment: The
issuance and shall be implemented no amendment revised Technical
Tennessee Valley Authority, Docket later than the start of the second 10-year
Nos. 50–327 and 50–328, Sequoyah Specifications (TS) 1.1, ‘‘Definitions,’’
IST interval. and TS 3.4.16, ‘‘RCS [Reactor Coolant
Nuclear Plant, Units 1 and 2, Hamilton Amendment No. 66.
County, Tennessee System] Specific Activity.’’ The
Facility Operating License No. NPF– revisions replaced the current Limiting
Date of application for amendments: 90: Amendment revises the technical Condition for Operation (LCO) 3.4.16
May 1, 2006 (TS–05–10). specifications. limit on RCS gross-specific activity with
Brief description of amendments: The Date of initial notice in Federal
limits on RCS Dose Equivalent I–131
amendments modify the Technical Register: August 15, 2006 (71 FR
and Dose Equivalent Xe–133 (DEX). The
Specification (TS) Section 6.0, 46939). The Commission’s related
conditions and required actions for LCO
‘‘Administrative Controls,’’ to adopt a evaluation of the amendment is
3.4.16 not being met, as well as
Nuclear Regulatory Commission- contained in a Safety Evaluation dated
surveillance requirements for LCO
approved topical report that extends the December 18, 2006.
3.4.16, are revised. The modes of
burnup limit of the Mark-BW fuel No significant hazards consideration
applicability for LCO 3.4.16 are
design with M5 alloy. These comments received: No.
extended. The current definition of
amendments also incorporate Technical Union Electric Company, Docket No. Ē—Average Disintegration Energy in TS
Specification Task Force Traveler 50–483, Callaway Plant, Unit 1, 1.1 is replaced by the definition of DEX.
(TSTF) 363, Revision 0, ‘‘Revised Callaway County, Missouri In addition, the current definition of
Topical Report References in Improved Dose Equivalent I–131 in TS 1.1 is
Technical Specification 5.6.5, Core Date of application for amendment:
May 9, 2006. revised to allow alternate NRC-approved
Operating Limits Report.’’ TSTF–363 thyroid dose conversion factors.
makes administrative changes to the Brief description of amendment: The
amendment revised Technical Date of issuance: December 18, 2006.
format of referenced topical reports in
the TSs. Specifications (TS) 1.1, ‘‘Definitions,’’ Effective date: As of its date of
Date of issuance: November 16, 2006. and TS 3.4.16, ‘‘RCS [Reactor Coolant issuance, and shall be implemented
Effective date: As of the date of System] Specific Activity.’’ The within 90 days of the date of issuance.
issuance and shall be implemented revisions replaced the current Limiting Amendment No.: 178.
within 45 days. Condition for Operation (LCO) 3.4.16 Facility Operating License No. NPF–
Amendment Nos. 314 and 303. limit on RCS gross-specific activity with 30: The amendment revised the
Facility Operating License Nos. DPR– limits on RCS Dose Equivalent I–131 Operating License and Technical
77 and DPR–79: Amendments revised and Dose Equivalent Xe–133 (DEX). The Specifications.
the technical specifications. conditions and required actions for LCO
3.4.16 not being met, as well as Date of initial notice in Federal
Date of initial notice in Federal
surveillance requirements for LCO Register: June 20, 2006 (71 FR 35461).
Register: June 20, 2006 (71 FR 35459).
The Commission’s related evaluation 3.4.16, are revised. The modes of The Commission’s related evaluation
rwilkins on PROD1PC63 with NOTICES

of the amendments is contained in a applicability for LCO 3.4.16 are of the amendment is contained in a
Safety Evaluation dated November 16, extended. The current definition of Safety Evaluation dated December 18,
2006. Ē—Average Disintegration Energy in TS 2006.
No significant hazards consideration 1.1 is replaced by the definition of DEX. No significant hazards consideration
comments received: No. In addition, the current definition of comments received: No.

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 159

Wolf Creek Nuclear Operating NUCLEAR REGULATORY available the appropriate


Corporation, Docket No. 50–482, Wolf COMMISSION documentation), have satisfied the
Creek Generating Station, Coffey EPAct fingerprinting requirement and
[EA–06–264]
County, Kansas need not be fingerprinted again.
In the Matter of Louisiana Energy Therefore, in accordance with Section
Date of amendment request: February 149 of the AEA, as amended by the
Services, L.P. National Enrichment
1, 2006, as supplemented by letter dated Facility and All Other persons Who EPAct, the Commission is imposing
May 24, 2006. Seek or Obtain Access to Safeguards additional requirements for access to
Brief description of amendment: The Information Described Herein; Order SGI, as set forth by this Order, so that
amendment revised the Inservice Imposing Fingerprinting and Criminal affected licensees can obtain and grant
Testing Program in Section 5.5.8 of the History Check Requirements for access to SGI. This Order also imposes
Technical Specifications, Access to Safeguards Information requirements for access to SGI by any
‘‘Administrative Controls, Programs and (Effective Immediately) person,2 from any person, whether or
Manuals,’’ to adopt the Commission- not they are a licensee, applicant, or
I certificate holder of the Commission or
approved Technical Specification Task
Louisiana Energy Services, L.P. (LES) an Agreement States.
Force (TSTF)–479, Revision 0, ‘‘Changes
holds a license, issued in accordance Subsequent to the terrorist events of
to Reflect Revision of 10CFR50.55a.’’ September 11, 2001, the NRC issued
with the Atomic Energy Act (AEA) of
Date of issuance: November 15, 2006. 1954, by the U.S. Nuclear Regulatory Orders requiring certain entities to
Effective date: Effective as of its date Commission (NRC), authorizing it to implement Additional Security
of issuance and shall be implemented construct and operate a uranium Measures (ASMs) or Interim
within 90 days of the date of issuance. enrichment facility in Lea County, New Compensatory Measures (ICMs) for
Mexico. On August 8, 2005, the Energy certain radioactive materials. The
Amendment No.: 172. Policy Act of 2005 (EPAct) was enacted. requirements imposed by these Orders,
Facility Operating License No. NPF– Section 652 of the EPAct amended and certain measures that licensees have
42. The amendment revised the Section 149 of the AEA to require developed to comply with the Orders,
Technical Specifications. fingerprinting and a Federal Bureau of were designated by the NRC as SGI. For
Date of initial notice in Federal Investigation (FBI) identification and some materials licensees, the storage
Register: February 28, 2006 (71 FR criminal history records check of any and handling requirements for the SGI
10079). person who is to be permitted to have have been modified from the existing 10
access to Safeguards Information (SGI).1 CFR Part 73 SGI requirements for
The supplemental letter dated May The NRC’s implementation of this reactors and fuel cycle facilities that
24, 2006, provided additional requirement cannot await the require a higher level of protection; such
information that clarified the completion of the SGI rulemaking, SGI is designated as Safeguards
application, did not expand the scope of which is underway, because the EPAct Information-Modified Handling (SGI–
the application as originally noticed, fingerprinting and criminal history M). However, the information subject to
and did not change the NRC staff’s check requirements for access to SGI the SGI–M handling and protection
original proposed no significant hazards were immediately effective on requirements is SGI, and licensees and
consideration determination published enactment of the EPAct. The EPAct other persons who seek or obtain access
in the Federal Register. permits the Commission, by rule, to to such SGI are subject to this Order.
The Commission’s related evaluation except certain categories of individuals
from the fingerprinting requirement, II
of the amendment is contained in a
which the Commission has done [see 10 The Commission has broad statutory
Safety Evaluation dated November 15,
CFR 73.59, 71 Federal Register 33989 authority to protect and prohibit the
2006. (June 13, 2006)]. unauthorized disclosure of SGI. Section
No significant hazards consideration Individuals relieved from 147 of the AEA grants the Commission
comments received: No. fingerprinting and criminal history explicit authority to issue such Orders,
Dated at Rockville, Maryland, this checks under the relief rule include: as necessary, to prohibit the
December 26, 2006. Federal, State, and local officials and unauthorized disclosure of SGI.
law enforcement personnel; Agreement Furthermore, Section 652 of the EPAct
For the Nuclear Regulatory Commission.
State Inspectors who conduct security amended Section 149 of the AEA to
Timothy J. McGinty, inspections on behalf of the NRC; require fingerprinting and an FBI
Acting Director, Division of Operating Reactor members of Congress and certain identification and a criminal history
Licensing, Office of Nuclear Reactor employees of members of Congress or records check of each individual who
Regulation. Congressional Committees; and seeks access to SGI. In addition, as
[FR Doc. E6–22492 Filed 12–29–06; 8:45 am] representatives of the International required by existing Orders, which
BILLING CODE 7590–01–P Atomic Energy Agency or certain
foreign government organizations. In 2 Person means (1) any individual, corporation,

addition, individuals who have a partnership, firm, association, trust, estate, public
or private institution, group, government agency
favorably-decided U.S. Government other than the Commission or the Department of
criminal history check within the last Energy, except that the Department of Energy shall
five (5) years, and individuals who have be considered a person with respect to those
active federal security clearances facilities of the Department of Energy specified in
rwilkins on PROD1PC63 with NOTICES

Section 202 of the Energy Reorganization Act of


(provided in either case that they make 1974 (88 Stat. 1244), any State or any political
subdivision of, or any political entity within a State,
1 Safeguards Information is a form of sensitive, any foreign government or nation or any political
unclassified, security-related information that the subdivision of any such government or nation, or
Commission has the authority to designate and other entity; and (2) any legal successor,
protect under Section 147 of the AEA. representative, agent, or agency of the foregoing.

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