80 FR 42554 - Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range		42554-42558
FR Document		2015-17645
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-90, issued to the Tennessee Valley Authority, for operation of the Watts Bar Nuclear Plant (WBN), Unit 1. The proposed amendment modifies the technical specifications to define support systems needed in the first 48 hours after a unit shutdown when steam generators are not available for heat removal. The proposed change is required to support dual unit operation of WBN (a licensing decision for WBN, Unit 2 is currently expected to be made in the fall of 2015). The proposed amendment also requests changes consistent with Technical Specification Task Force (TSTF) Traveler TSTF-273-A, Revision 2, to provide clarifications related to the requirements of the Safety Function Determination Program (SFDP).
Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42554-42558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17645]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390; NRC-2015-0170]


Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. NPF-90, 
issued to the Tennessee Valley Authority, for operation of the Watts 
Bar Nuclear Plant (WBN), Unit 1. The proposed amendment modifies the 
technical specifications to define support systems needed in the first 
48 hours after a unit shutdown when steam generators are not available 
for heat removal. The proposed change is required to support dual unit 
operation of WBN (a licensing decision for WBN, Unit 2 is currently 
expected to be made in the fall of 2015).

[[Page 42555]]

The proposed amendment also requests changes consistent with Technical 
Specification Task Force (TSTF) Traveler TSTF-273-A, Revision 2, to 
provide clarifications related to the requirements of the Safety 
Function Determination Program (SFDP).

DATES: Submit comments by August 17, 2015. Requests for a hearing or 
petition for leave to intervene must be filed by September 15, 2015.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0170. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jeanne Dion, Office of Nuclear Reactor 
Regulation, telephone: 301-415-1349, email: [email protected], and 
Robert Schaaf, Office of Nuclear Reactor Regulation, telephone: 301-
415-6020, email: [email protected]. Both are staff of the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0170 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0170.
     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 email to [email protected]. The 
Application to Revise the Technical Specifications for Component 
Cooling Water and Essential Raw Cooling Water to Support Dual Unit 
Operations is available in ADAMS under Accession No. ML15170A474.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2015-0170 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-90, issued to the Tennessee Valley Authority, 
for operation of WBN, Unit 1, located in Rhea County, Tennessee.
    The proposed amendment modifies the technical specifications to 
define support systems needed in the first 48 hours after a unit 
shutdown when steam generators are not available for heat removal. The 
proposed change is required to support dual unit operation of WBN (a 
licensing decision for WBN Unit 2 is currently expected to be made in 
the fall of 2015). The proposed amendment also requests changes 
consistent with TSTF-273-A, Revision 2, to provide clarifications 
related to the requirements of the SFDP.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in Sec.  50.92 of Title 10 of the Code of Federal 
Regulations (10 CFR), this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The likelihood of a malfunction of any systems, structures or 
components (SSCs) supported by containment cooling system (CCS) and 
essential raw cooling water (ERCW) is not significantly increased by 
adding new technical specification (TS) for ERCW and CCS that 
require alternate CCS and ERCW system alignments during the first 48 
hours after shut down of a unit when the steam generators are not 
available for heat removal. CCS and ERCW provide the means for 
transferring residual and decay heat to the Residual Heat Removal 
(RHR) System for process and operating heat from safety related 
components during a transient or accident, as well as during normal 
operation. Although the proposed change includes a design change to 
allow two ERCW pumps to be powered from one diesel generator (DG), 
the additional ERCW pump is only aligned to the DG on a non-accident 
unit during a design basis event on the other unit, and does not 
result in overloading the DG due to the reduced loading on the non-
accident DG. The CCS and ERCW are not initiators of any analyzed 
accident. All equipment supported by CCS and ERCW has been evaluated 
to demonstrate that their performance and operation remains as 
described in the FSAR with no increase in probability of failure or 
malfunction.
    The SSCs credited to mitigate the consequences of postulated 
design basis accidents remain capable of performing their design 
basis function. The change in CCS and ERCW system alignments has 
been evaluated to ensure the RHR System remains capable of removing 
normal operating and post-accident heat. Additionally, all the CCS 
and ERCW supported equipment, credited in the accident analysis to 
mitigate an accident, has

[[Page 42556]]

been shown to continue to perform their design function as described 
in the FSAR.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed TS changes add explanatory text to the programmatic 
description of the Safety Function Determination Program (SFDP) in 
TS 5.7.2.18 to clarify the requirements that consideration does not 
have to be made for a loss of power in determining loss of function. 
The Bases for LCO 3.0.6 is revised to provide clarification of the 
``appropriate LCO for loss of function,'' and that consideration 
does not have to be made for a loss of power in determining loss of 
function. The changes are editorial and administrative in nature, 
and therefore do not increase the probability of any accident 
previously evaluated. No physical or operational changes are made to 
the plant. The proposed changes do not change how the plant would 
mitigate an accident previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated. 
The proposed change does not introduce any new modes of plant 
operation, change the design function of any SSC, or change the mode 
of operation of any SSC. There are no new equipment failure modes or 
malfunctions created as the affected SSCs continue to operate in the 
same manner as previously evaluated and have been evaluated to 
perform their safety functions when in the alternate alignments as 
assumed in the accident analysis. Additionally, accident initiators 
remain as described in the FSAR and no new accident initiators are 
postulated as a result of the alternate CCS and ERCW alignments.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    The proposed changes [to TS 5.7.2.18] are editorial and 
administrative in nature and do not result in a change in the manner 
in which the plant operates. The loss of function of any specific 
component will continue to be addressed in its specific TS LCO, and 
plant configuration will be governed by the required actions of 
those LCOs. The proposed changes are clarifications that do not 
degrade the availability or capability of safety related equipment, 
and therefore do not create the possibility of a new or different 
kind of accident from any accident previously evaluated. There are 
no design changes associated with the proposed changes, and the 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed). The changes 
do not alter assumptions made in the safety analysis, and are 
consistent with the safety analysis assumptions and current plant 
operating practice. Due to the administrative nature of the changes, 
they cannot be an accident initiator.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change continues to ensure that the cooling 
capability of RHR during normal operation and during the mitigation 
of a design basis event remains within the evaluated equipment 
limits and capabilities assumed in the accident analysis. The 
proposed change does not result in any changes to plant equipment 
functions, including setpoints and actuations. The proposed change 
does not alter existing limiting conditions for operation, limiting 
safety system settings, or safety limits specified in the Technical 
Specifications. The proposed change to add a new TS for ERCW and CCS 
assures the ability of these systems to support post-accident 
residual heat removal.
    Therefore, since there is no adverse impact of this change on 
the Watts Bar Nuclear Plant safety analysis, there is no significant 
reduction in the margin of safety of the plant.
    The proposed changes to TS 5.7.2.18 are clarifications and are 
editorial and administrative in nature. No changes are made to the 
LCOs for plant equipment, the time required for the TS Required 
Actions to be completed, or the out of service time for the 
components involved. The proposed changes do not affect the safety 
analysis acceptance criteria for any analyzed event, nor is there a 
change to any safety analysis limit. The proposed changes do not 
alter the manner in which safety limits, limiting safety system 
settings or limiting conditions for operation are determined, nor is 
there any adverse effect on those plant systems necessary to assure 
the accomplishment of protection functions. The proposed changes 
will not result in plant operation in a configuration outside the 
design basis.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a No Significant Hazards 
Consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period should circumstances change during the 30-day comment period 
such that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. Should the Commission take action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
Should the Commission make a final No Significant Hazards Consideration 
Determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

III. 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 person 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 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 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 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

[[Page 42557]]

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. 
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 three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    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.

IV. 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 
ten 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

[[Page 42558]]

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.
    For further details with respect to this action, see the 
application for license amendment dated June 17, 2015.
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
    NRC Branch Chief: Jessie F. Quichocho.

    Dated at Rockville, Maryland, this 10th day of July 2015.

    For the Nuclear Regulatory Commission.
Jeanne Dion,
Project Manager, Watts Bar Special Projects Branch, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-17645 Filed 7-16-15; 8:45 am]
 BILLING CODE 7590-01-P
42554 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

Members of the public and media are Regulatory Commission, Washington, of contamination of the potable water. Based
welcome to attend and observe the DC 20555–0001. on this potential communication between the
evidentiary hearing, which will involve Fax: (301) 415–5599 (verification aquifers, the EA’s environmental justice
(301) 415–4128). analysis, including analysis of cumulative
technical, scientific, and legal questions effects, should be expanded to consider
and testimony. Participation in the Email: Nicholas.Sciretta@nrc.gov &
potential impacts on the aquifer which
hearing will be limited to the parties, Sachin.Desai@nrc.gov. provides drinking water to the Pine Ridge
their lawyers, and witnesses. Please be V. Availability of Documentary Indian Reservation.
aware that security measures will be Information Regarding the Proceeding Contention F: Failure to include recent
employed at the entrance to the facility, research.
including searches of hand-carried Documents relating to Crow Butte’s Contention 1 (Merged Contentions 1 & 2):
items such as briefcases or backpacks. License Renewal Application are Whether the cultural surveys performed and
available on the NRC Web site at http:// incorporated into the EA formed a sufficient
No signs, banners, posters, or other basis on which to renew Crow Butte’s permit.
displays will be permitted in the www.nrc.gov/info-finder/materials/
Contention 6: The Final EA violates the
facility.20 No firearms or other weapons uranium/licensed-facilities/crow-
National Environmental Policy Act in
will be allowed in the facility.21 butte.html. These and other documents concluding that the short-term impacts from
related to this proceeding are available consumptive ground water use during aquifer
IV. Submitting Written Limited for public inspection at the restoration are MODERATE.
Appearance Statements Commission’s Public Document Room, Contention 9: The Final EA violates 10
As provided in 10 CFR 2.315(a), any located in One White Flint North, 11555 CFR 51.10, 51.70 and 51.71, and the National
Rockville Pike (first floor), Rockville, Environmental Policy Act and implementing
person (other than a party or the regulations by failing to include the required
representative of a party to this Maryland 20852 or electronically from
discussion of ground water restoration
proceeding) may submit a written the publicly available records
mitigation measures.
statement setting forth his or her component of the NRC’s document Contention 12: The Final EA omits a
position on matters of concern related to system (ADAMS). ADAMS is accessible discussion of the impact of tornadoes on the
this proceeding, known as a limited from the NRC Web site at http:// license renewal area, and inadequately
appearance statement. Although these www.nrc.gov/reading-rm/adams.html.22 discusses the potential impacts from land
statements do not constitute testimony Persons who do not have access to application of ISL mining wastewater.
ADAMS or who encounter problems in Contention 14: The Final EA violates the
or evidence, and are not treated as National Environmental Policy Act in its
statements made under oath, they accessing the documents located in
failure to provide an analysis of the impacts
nonetheless may assist the Board or the ADAMS should contact the NRC Public
on the project from earthquakes; especially as
parties in their consideration of the Document Room reference staff by it concerns secondary porosity and adequate
issues in this proceeding. Anyone who telephone between 8:00 a.m. and 4:00 confinement. These failings violate 10 CFR
is considering submitting a limited p.m. Eastern Time, Monday through 51.10, 51.70 and 51.71, and the National
appearance statement, however, should Friday except federal holidays at (800) Environmental Policy Act, and implementing
be aware that the jurisdiction of this 397–4209 or (301) 415–4737, or by regulations.
Board and the scope of this proceeding sending an email to pdr.resource@ [FR Doc. 2015–17593 Filed 7–16–15; 8:45 am]
are limited to the Crow Butte License nrc.gov. BILLING CODE 7590–01–P
Renewal Application, and, more It is so ordered.
particularly, to the nine admitted For The Atomic Safety and Licensing
contentions in Appendix A. Board. NUCLEAR REGULATORY
Written limited appearance Rockville, Maryland, July 13, 2015. COMMISSION
statements may be submitted by August Michael M. Gibson, [Docket No. 50–390; NRC–2015–0170]
28, 2015, and should be sent by mail, Chair, Administrative Judge.
fax, or email both to the Office of the Tennessee Valley Authority, Watts Bar
Appendix A
Secretary and the Chairman of this Nuclear Plant, Unit 1
Licensing Board: Contentions To Be Heard at the Evidentiary
Hearing AGENCY: Nuclear Regulatory
Office of the Secretary Commission.
Contention A: There is no evidence based
science for the NRC Staff’s conclusion that ACTION: License amendment application;
Mail: Office of the Secretary,
Rulemakings and Adjudications Staff, ISL mining has ‘‘no non radiological health opportunity to comment, request a
U.S. Nuclear Regulatory Commission, impacts,’’ or that non radiological impacts for hearing, and petition for leave to
possible excursions or spills are ‘‘small.’’ intervene.
Washington, DC 20555–0001. Contention C: The NRC Staff’s
Fax: (301) 415–1101 (verification characterization that the impact of surface SUMMARY: The U.S. Nuclear Regulatory
(301) 415–1966). waters from an accident is ‘‘minimal since Commission (NRC) is considering
Email: hearingdocket@nrc.gov. there are no nearby surface water features,’’ issuance of an amendment to Facility
does not accurately address the potential for Operating License No. NPF–90, issued
Chairman of the Licensing Board environmental harm to the White River.
Contention D (merged with EA Contention
to the Tennessee Valley Authority, for
Mail: Administrative Judge Michael operation of the Watts Bar Nuclear Plant
3 & 10): The NRC Staff incorrectly states
M. Gibson, Chairman, c/o Nicholas there is no communication among the (WBN), Unit 1. The proposed
Sciretta & Sachin Desai, Law Clerks, aquifers, when in fact, the Basal Chadron amendment modifies the technical
Atomic Safety and Licensing Board aquifer, where mining occurs, and the specifications to define support systems
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Panel, Mail Stop T–3F23, U.S. Nuclear aquifer, which provides drinking water to the needed in the first 48 hours after a unit
Pine Ridge Indian Reservation, communicate shutdown when steam generators are
20 See Procedures for Providing Security Support with each other, resulting in the possibility not available for heat removal. The
for NRC Public Meetings/Hearings, 66 FR 31,719 proposed change is required to support
(June 12, 2001). 22 Documents which are determined to contain
21 A Notice prohibiting the use of weapons at sensitive or proprietary information may only be
dual unit operation of WBN (a licensing
Atomic Safety and Licensing Board proceedings in available in redacted form. All non-sensitive decision for WBN, Unit 2 is currently
Nebraska will be issued shortly. documents are available in their complete form. expected to be made in the fall of 2015).

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42556 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

been shown to continue to perform their the safety analysis assumptions and current Commission may issue the license
design function as described in the FSAR. plant operating practice. Due to the amendment before expiration of the 60-
Therefore, the proposed change does not administrative nature of the changes, they day notice period if the Commission
involve a significant increase in the cannot be an accident initiator.
concludes the amendment involves no
probability or consequences of an accident Therefore, the proposed changes do not
previously evaluated. create the possibility of a new or different significant hazards consideration. In
The proposed TS changes add explanatory kind of accident from any accident addition, the Commission may issue the
text to the programmatic description of the previously evaluated. amendment prior to the expiration of
Safety Function Determination Program 3. Does the proposed change involve a the 30-day comment period should
(SFDP) in TS 5.7.2.18 to clarify the significant reduction in a margin of safety? circumstances change during the 30-day
requirements that consideration does not Response: No. comment period such that failure to act
have to be made for a loss of power in The proposed change continues to ensure in a timely way would result, for
determining loss of function. The Bases for that the cooling capability of RHR during example, in derating or shutdown of the
LCO 3.0.6 is revised to provide clarification normal operation and during the mitigation
of a design basis event remains within the
facility. Should the Commission take
of the ‘‘appropriate LCO for loss of function,’’
and that consideration does not have to be evaluated equipment limits and capabilities action prior to the expiration of either
made for a loss of power in determining loss assumed in the accident analysis. The the comment period or the notice
of function. The changes are editorial and proposed change does not result in any period, it will publish in the Federal
administrative in nature, and therefore do not changes to plant equipment functions, Register a notice of issuance. Should the
increase the probability of any accident including setpoints and actuations. The Commission make a final No Significant
previously evaluated. No physical or proposed change does not alter existing Hazards Consideration Determination,
operational changes are made to the plant. limiting conditions for operation, limiting any hearing will take place after
The proposed changes do not change how the safety system settings, or safety limits issuance. The Commission expects that
plant would mitigate an accident previously specified in the Technical Specifications.
The proposed change to add a new TS for
the need to take this action will occur
evaluated.
Therefore, the proposed change does not ERCW and CCS assures the ability of these very infrequently.
involve a significant increase in the systems to support post-accident residual III. Opportunity To Request a Hearing
probability or consequences of an accident heat removal. and Petition for Leave To Intervene
previously evaluated. Therefore, since there is no adverse impact
2. Does the proposed change create the of this change on the Watts Bar Nuclear Plant Within 60 days after the date of
possibility of a new or different kind of safety analysis, there is no significant publication of this Federal Register
accident from any accident previously reduction in the margin of safety of the plant. notice, any person whose interest may
evaluated? The proposed changes to TS 5.7.2.18 are be affected by this proceeding and who
Response: No. clarifications and are editorial and desires to participate as a party in the
The proposed change does not create the administrative in nature. No changes are
proceeding must file a written request
possibility of a new or different kind of made to the LCOs for plant equipment, the
time required for the TS Required Actions to for hearing or a petition for leave to
accident from any accident previously
be completed, or the out of service time for intervene specifying the contentions
evaluated. The proposed change does not
introduce any new modes of plant operation, the components involved. The proposed which the person seeks to have litigated
change the design function of any SSC, or changes do not affect the safety analysis in the hearing with respect to the
change the mode of operation of any SSC. acceptance criteria for any analyzed event, license amendment request. Requests
There are no new equipment failure modes nor is there a change to any safety analysis for hearing and petitions for leave to
or malfunctions created as the affected SSCs limit. The proposed changes do not alter the intervene shall be filed in accordance
continue to operate in the same manner as manner in which safety limits, limiting safety with the NRC’s ‘‘Agency Rules of
previously evaluated and have been system settings or limiting conditions for
Practice and Procedure’’ in 10 CFR part
evaluated to perform their safety functions operation are determined, nor is there any
adverse effect on those plant systems 2. Interested person(s) should consult a
when in the alternate alignments as assumed current copy of 10 CFR 2.309, which is
in the accident analysis. Additionally, necessary to assure the accomplishment of
protection functions. The proposed changes available at the NRC’s PDR. The NRC’s
accident initiators remain as described in the
FSAR and no new accident initiators are will not result in plant operation in a regulations are accessible electronically
postulated as a result of the alternate CCS configuration outside the design basis. from the NRC Library on the NRC’s Web
and ERCW alignments. Therefore, the proposed changes do not site at http://www.nrc.gov/reading-rm/
Therefore, the proposed change does not involve a significant reduction in a margin of doc-collections/cfr/.
create the possibility of a new or different safety. As required by 10 CFR 2.309, a
kind of accident from any accident The NRC staff has reviewed the request for hearing or petition for leave
previously evaluated. licensee’s analysis and, based on this to intervene must set forth with
The proposed changes [to TS 5.7.2.18] are review, it appears that the three particularity the interest of the
editorial and administrative in nature and do standards of 10 CFR 50.92(c) are petitioner in the proceeding and how
not result in a change in the manner in which that interest may be affected by the
the plant operates. The loss of function of
satisfied. Therefore, the NRC staff
proposes to determine that the license results of the proceeding. The hearing
any specific component will continue to be
addressed in its specific TS LCO, and plant amendment request involves a No request or petition must specifically
configuration will be governed by the Significant Hazards Consideration. explain the reasons why intervention
required actions of those LCOs. The proposed The NRC is seeking public comments should be permitted, with particular
changes are clarifications that do not degrade on this proposed determination that the reference to the following general
the availability or capability of safety related license amendment request involves no requirements: (1) The name, address,
equipment, and therefore do not create the significant hazards consideration. Any and telephone number of the requestor
possibility of a new or different kind of comments received within 30 days after or petitioner; (2) the nature of the
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accident from any accident previously the date of publication of this notice requestor’s/petitioner’s right under the
evaluated. There are no design changes
will be considered in making any final Act to be made a party to the
associated with the proposed changes, and
the changes do not involve a physical determination. proceeding; (3) the nature and extent of
alteration of the plant (i.e., no new or Normally, the Commission will not the requestor’s/petitioner’s property,
different type of equipment will be installed). issue the amendment until the financial, or other interest in the
The changes do not alter assumptions made expiration of 60 days after the date of proceeding; and (4) the possible effect of
in the safety analysis, and are consistent with publication of this notice. The any decision or order which may be

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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42557

entered in the proceeding on the petitions for leave to intervene, and submitting a request or petition for
requestor’s/petitioner’s interest. The motions for leave to file new or hearing (even in instances in which the
hearing request or petition must also amended contentions that are filed after participant, or its counsel or
include the specific contentions that the the 60-day deadline will not be representative, already holds an NRC-
requestor/petitioner seeks to have entertained absent a determination by issued digital ID certificate). Based upon
litigated at the proceeding. the presiding officer that the filing this information, the Secretary will
For each contention, the requestor/ demonstrates good cause by satisfying establish an electronic docket for the
petitioner must provide a specific the three factors in 10 CFR hearing in this proceeding if the
statement of the issue of law or fact to 2.309(c)(1)(i)–(iii). Secretary has not already established an
be raised or controverted, as well as a If a hearing is requested, the electronic docket.
brief explanation of the basis for the Commission will make a final Information about applying for a
contention. Additionally, the requestor/ determination on the issue of no digital ID certificate is available on the
petitioner must demonstrate that the significant hazards consideration. The NRC’s public Web site at http://
issue raised by each contention is final determination will serve to decide www.nrc.gov/site-help/e-submittals/
within the scope of the proceeding and when the hearing is held. If the final getting-started.html. System
is material to the findings that the NRC determination is that the amendment requirements for accessing the E-
must make to support the granting of a request involves no significant hazards Submittal server are detailed in the
license amendment in response to the consideration, the Commission may NRC’s ‘‘Guidance for Electronic
application. The hearing request or issue the amendment and make it Submission,’’ which is available on the
petition must also include a concise immediately effective, notwithstanding agency’s public Web site at http://
statement of the alleged facts or expert the request for a hearing. Any hearing www.nrc.gov/site-help/e-
opinion that support the contention and held would take place after issuance of submittals.html. Participants may
on which the requestor/petitioner the amendment. If the final attempt to use other software not listed
intends to rely at the hearing, together determination is that the amendment on the Web site, but should note that the
with references to those specific sources request involves a significant hazards NRC’s E-Filing system does not support
and documents. The hearing request or consideration, then any hearing held unlisted software, and the NRC Meta
petition must provide sufficient would take place before the issuance of System Help Desk will not be able to
information to show that a genuine any amendment unless the Commission offer assistance in using unlisted
dispute exists with the applicant on a finds an imminent danger to the health software.
material issue of law or fact, including or safety of the public, in which case it If a participant is electronically
references to specific portions of the will issue an appropriate order or rule submitting a document to the NRC in
application for amendment that the under 10 CFR part 2. accordance with the E-Filing rule, the
petitioner disputes and the supporting participant must file the document
IV. Electronic Submissions (E-Filing) using the NRC’s online, Web-based
reasons for each dispute. If the
requestor/petitioner believes that the All documents filed in NRC submission form. In order to serve
application for amendment fails to adjudicatory proceedings, including a documents through the Electronic
contain information on a relevant matter request for hearing, a petition for leave Information Exchange System, users
as required by law, the requestor/ to intervene, any motion or other will be required to install a Web
petitioner must identify each failure and document filed in the proceeding prior browser plug-in from the NRC’s Web
the supporting reasons for the to the submission of a request for site. Further information on the Web-
requestor’s/petitioner’s belief. Each hearing or petition to intervene, and based submission form, including the
contention must be one which, if documents filed by interested installation of the Web browser plug-in,
proven, would entitle the requestor/ governmental entities participating is available on the NRC’s public Web
petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e-
petitioner who does not satisfy these accordance with the NRC’s E-Filing rule submittals.html.
requirements for at least one contention (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a
will not be permitted to participate as a Filing process requires participants to digital ID certificate and a docket has
party. submit and serve all adjudicatory been created, the participant can then
Those permitted to intervene become documents over the internet, or in some submit a request for hearing or petition
parties to the proceeding, subject to any cases to mail copies on electronic for leave to intervene. Submissions
limitations in the order granting leave to storage media. Participants may not should be in Portable Document Format
intervene, and have the opportunity to submit paper copies of their filings (PDF) in accordance with NRC guidance
participate fully in the conduct of the unless they seek an exemption in available on the NRC’s public Web site
hearing with respect to resolution of accordance with the procedures at http://www.nrc.gov/site-help/e-
that person’s admitted contentions, described below. submittals.html. A filing is considered
including the opportunity to present To comply with the procedural complete at the time the documents are
evidence and to submit a cross- requirements of E-Filing, at least ten 10 submitted through the NRC’s E-Filing
examination plan for cross-examination days prior to the filing deadline, the system. To be timely, an electronic
of witnesses, consistent with NRC participant should contact the Office of filing must be submitted to the E-Filing
regulations, policies, and procedures. the Secretary by email at system no later than 11:59 p.m. Eastern
The Atomic Safety and Licensing Board hearing.docket@nrc.gov, or by telephone Time on the due date. Upon receipt of
will set the time and place for any at 301–415–1677, to request (1) a digital a transmission, the E-Filing system
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prehearing conferences and evidentiary identification (ID) certificate, which time-stamps the document and sends
hearings, and the appropriate notices allows the participant (or its counsel or the submitter an email notice
will be provided. representative) to digitally sign confirming receipt of the document. The
Hearing requests or petitions for leave documents and access the E-Submittal E-Filing system also distributes an email
to intervene must be filed no later than server for any proceeding in which it is notice that provides access to the
60 days from the date of publication of participating; and (2) advise the document to the NRC’s Office of the
this notice. Requests for hearing, Secretary that the participant will be General Counsel and any others who

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Document Created: 2018-02-23 09:21:50
Document Modified: 2018-02-23 09:21:50
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 comment, request a hearing, and petition for leave to intervene.
Dates		Submit comments by August 17, 2015. Requests for a hearing or petition for leave to intervene must be filed by September 15, 2015.
Contact		Jeanne Dion, Office of Nuclear Reactor Regulation, telephone: 301-415-1349, email: [email protected], and Robert Schaaf, Office of Nuclear Reactor Regulation, telephone: 301- 415-6020, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		80 FR 42554