80 FR 38752 - Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range		38752-38755
FR Document		2015-16541
The U.S. Nuclear Regulatory Commission (NRC) has received an application from Tennessee Valley Authority (TVA), for amendment of Facility Operating License No. NPF-90, issued for the operation of Watts Bar Nuclear Plant, Unit 1, located in Rhea County, Tennessee. The proposed amendment would allow a change to the Technical Specifications (TSs) to revise the number of tritium producing burnable absorber rods (TPBARs) in the core.
Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38752-38755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16541]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390; NRC-2015-0162]


Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from Tennessee Valley Authority (TVA), for amendment of 
Facility Operating License No. NPF-90, issued for the operation of 
Watts Bar Nuclear Plant, Unit 1, located in Rhea County, Tennessee. The 
proposed amendment would allow a change to the Technical Specifications 
(TSs) to revise the number of tritium producing burnable absorber rods 
(TPBARs) in the core.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by September 8, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0162 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0162. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by

[[Page 38753]]

email to [email protected]. The ADAMS accession number for each 
document referenced (if that document is available in ADAMS) is 
provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jeanne Dion, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-
001, telephone 301-415-1349, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-90, issued to the TVA, for operation of the 
WBN, Unit 1, located in Rhea County, Tennessee.
    The NRC has received an application from the TVA for amendment of 
Facility Operating License No. NFP-90, which authorizes the operation 
of WBN, Unit 1. The amendment would allow a change to the WBN, Unit 1 
Technical Specification (TS) 4.2.1, ``Fuel Assemblies,'' to revise the 
maximum number of tritium producing burnable absorber rods (TPBARs) in 
the core. The proposed amendment would also revise TS 3.5.1, 
``Accumulators,'' Surveillance Requirement (SR) 3.5.1.4 and TS 3.5.4, 
``Refueling Water Storage Tank (RWST),'' SR 3.5.4.3 to delete outdated 
information related to the tritium production program. These proposed 
changes will support a planned increase in the TPBAR inventory in the 
WBN, Unit 1 reactor core to support national security needs.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The amendment will not be issued prior to a hearing unless the 
staff makes a determination that the amendment involves no significant 
hazards considerations. If a request for a hearing is received, the 
Commission's staff may issue the amendment after it completes its 
technical review and prior to the completion of any required hearing if 
it publishes a further notice for public comment of its proposed 
finding of no significant hazards consideration in accordance with 10 
CFR 50.91 and 10 CFR 50.92.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any persons whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for a hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for a hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure,'' in 10 CFR part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. The hearing request or petition must 
specifically explain the reasons why intervention should be permitted, 
with particular reference to the following general requirements: (1) 
The name, address, and telephone number of the requestor or petitioner; 
(2) the nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/petitioner's 
interest. The hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Hearing requests or petitions for leave to intervene must be filed 
no later than 60 days from the date of publication of this notice.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, then any hearing 
held would take place before the issuance of any amendment unless the 
Commission finds an imminent danger to the health or safety of the 
public, in which case it will issue an appropriate order or rule under 
10 CFR part 2.

[[Page 38754]]

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the following three 
factors in 10 CFR 2.309(c)(1)(i)-(iii).
    For further details with respect to this action, see the 
application for license

[[Page 38755]]

amendment dated March 31, 2015, as supplemented on May 27 and June 15, 
2015 (available in ADAMS under Accession Nos. ML15098A446, ML15147A611, 
and ML15167A359, respectively).
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
    NRC Branch Chief: Jessie Quichocho.

    Dated at Rockville, Maryland, this 26th day of June 2015.

    For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Watts Bar Special Projects Branch, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-16541 Filed 7-6-15; 8:45 am]
BILLING CODE 7590-01-P
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices 38753

email to pdr.resource@nrc.gov. The II. Opportunity To Request a Hearing intends to rely at the hearing, together
ADAMS accession number for each and Petition for Leave To Intervene with references to those specific sources
document referenced (if that document Within 60 days after the date of and documents. The hearing request or
is available in ADAMS) is provided the publication of this Federal Register petition must provide sufficient
first time that a document is referenced. notice, any persons whose interest may information to show that a genuine
dispute exists with the applicant on a
• NRC’s PDR: You may examine and be affected by this proceeding and who
desires to participate as a party in the material issue of law or fact, including
purchase copies of public documents at
proceeding must file a written request references to specific portions of the
the NRC’s PDR, Room O1–F21, One
for a hearing or a petition for leave to application for amendment that the
White Flint North, 11555 Rockville
intervene specifying the contentions petitioner disputes and the supporting
Pike, Rockville, Maryland 20852.
which the person seeks to have litigated reasons for each dispute. If the
FOR FURTHER INFORMATION CONTACT: in the hearing with respect to the requestor/petitioner believes that the
Jeanne Dion, Office of Nuclear Reactor application for amendment fails to
license amendment request. Requests
Regulation, U.S. Nuclear Regulatory contain information on a relevant matter
for a hearing and petitions for leave to
Commission, Washington DC 20555– as required by law, the requestor/
intervene shall be filed in accordance
001, telephone 301–415–1349, email: petitioner must identify each failure and
with the NRC’s ‘‘Agency Rules of
Jeannie.Dion@gmail.com. the supporting reasons for the
Practice and Procedure,’’ in 10 CFR part
requestor’s/petitioner’s belief. Each
SUPPLEMENTARY INFORMATION: 2. Interested person(s) should consult a
contention must be one which, if
current copy of 10 CFR 2.309, which is
I. Introduction proven, would entitle the requestor/
available at the NRC’s PDR. The NRC’s
petitioner to relief. A requestor/
regulations are accessible electronically
The NRC is considering issuance of an petitioner who does not satisfy these
from the NRC Library on the NRC’s requirements for at least one contention
amendment to Facility Operating
public Web site at http://www.nrc.gov/ will not be permitted to participate as a
License No. NPF–90, issued to the TVA,
reading-rm/doc-collections/cfr/. party.
for operation of the WBN, Unit 1, As required by 10 CFR 2.309, a
located in Rhea County, Tennessee. Those permitted to intervene become
request for hearing or petition for leave parties to the proceeding, subject to any
The NRC has received an application to intervene must set forth with limitations in the order granting leave to
from the TVA for amendment of Facility particularity the interest of the intervene, and have the opportunity to
Operating License No. NFP–90, which petitioner in the proceeding and how participate fully in the conduct of the
authorizes the operation of WBN, Unit that interest may be affected by the hearing with respect to resolution of
1. The amendment would allow a results of the proceeding. The hearing that person’s admitted contentions,
change to the WBN, Unit 1 Technical request or petition must specifically including the opportunity to present
Specification (TS) 4.2.1, ‘‘Fuel explain the reasons why intervention evidence and to submit a cross-
Assemblies,’’ to revise the maximum should be permitted, with particular examination plan for cross-examination
number of tritium producing burnable reference to the following general of witnesses, consistent with NRC
absorber rods (TPBARs) in the core. The requirements: (1) The name, address, regulations, policies, and procedures.
proposed amendment would also revise and telephone number of the requestor The Atomic Safety and Licensing Board
TS 3.5.1, ‘‘Accumulators,’’ Surveillance or petitioner; (2) the nature of the will set the time and place for any
Requirement (SR) 3.5.1.4 and TS 3.5.4, requestor’s/petitioner’s right under the prehearing conferences and evidentiary
‘‘Refueling Water Storage Tank Act to be made a party to the hearings, and the appropriate notices
(RWST),’’ SR 3.5.4.3 to delete outdated proceeding; (3) the nature and extent of will be provided.
information related to the tritium the requestor’s/petitioner’s property, Hearing requests or petitions for leave
production program. These proposed financial, or other interest in the to intervene must be filed no later than
changes will support a planned increase proceeding; and (4) the possible effect of 60 days from the date of publication of
in the TPBAR inventory in the WBN, any decision or order which may be this notice.
Unit 1 reactor core to support national entered in the proceeding on the If a hearing is requested, the
security needs. requestor’s/petitioner’s interest. The Commission will make a final
Before issuance of the proposed hearing request or petition must also determination on the issue of no
include the specific contentions that the significant hazards consideration. The
license amendment, the Commission
requestor/petitioner seeks to have final determination will serve to decide
will have made findings required by the
litigated at the proceeding. when the hearing is held. If the final
Atomic Energy Act of 1954, as amended
For each contention, the requestor/ determination is that the amendment
(the Act), and the Commission’s
petitioner must provide a specific request involves no significant hazards
regulations. statement of the issue of law or fact to consideration, the Commission may
The amendment will not be issued be raised or controverted, as well as a issue the amendment and make it
prior to a hearing unless the staff makes brief explanation of the basis for the immediately effective, notwithstanding
a determination that the amendment contention. Additionally, the requestor/ the request for a hearing. Any hearing
involves no significant hazards petitioner must demonstrate that the held would take place after issuance of
considerations. If a request for a hearing issue raised by each contention is the amendment. If the final
is received, the Commission’s staff may within the scope of the proceeding and determination is that the amendment
issue the amendment after it completes is material to the findings that the NRC request involves a significant hazards
tkelley on DSK3SPTVN1PROD with NOTICES

its technical review and prior to the must make to support the granting of a consideration, then any hearing held
completion of any required hearing if it license amendment in response to the would take place before the issuance of
publishes a further notice for public application. The hearing request or any amendment unless the Commission
comment of its proposed finding of no petition must also include a concise finds an imminent danger to the health
significant hazards consideration in statement of the alleged facts or expert or safety of the public, in which case it
accordance with 10 CFR 50.91 and 10 opinion that support the contention and will issue an appropriate order or rule
CFR 50.92. on which the requestor/petitioner under 10 CFR part 2.

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Document Created: 2015-12-15 13:26:53
Document Modified: 2015-12-15 13:26:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing or petition for leave to intervene must be filed by September 8, 2015.
Contact		Jeanne Dion, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555- 001, telephone 301-415-1349, email: [email protected]
FR Citation		80 FR 38752