80_FR_45709 80 FR 45563 - Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating, Unit No. 3

80 FR 45563 - Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating, Unit No. 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range45563-45564
FR Document2015-18730

The Nuclear Regulatory Commission (NRC) has granted the request of Entergy Nuclear Operations, Inc., to withdraw its application dated August 14, 2012, for a proposed amendment to Facility Operating License No. DPR-64 for Indian Point Nuclear Generating, Unit No. 3. The proposed change would have changed the licensing basis for the emergency diesel generator fuel oil storage tank requirements, revised Technical Specification (TS) 3.8.3, ``Diesel Fuel Oil, and Starting Air,'' and relocated the specific numerical values for fuel oil storage requirements from the TSs to the TS Bases in accordance with Technical Specification Task Force (TSTF) Traveler TSTF-501, Revision 1, ``Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control.''

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45563-45564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18730]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-286; NRC-2012-0236]


Entergy Nuclear Operations, Inc.; Indian Point Nuclear 
Generating, Unit No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; withdrawal by applicant.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) has granted the 
request of Entergy Nuclear Operations, Inc., to withdraw its 
application dated August 14, 2012, for a proposed amendment to Facility 
Operating License No. DPR-64 for Indian Point Nuclear Generating, Unit 
No. 3. The proposed change would have changed the licensing basis for 
the emergency diesel generator fuel oil storage tank requirements, 
revised Technical Specification (TS) 3.8.3, ``Diesel Fuel Oil, and 
Starting Air,'' and relocated the specific numerical values for fuel 
oil storage requirements from the TSs to the TS Bases in accordance 
with Technical Specification Task Force (TSTF) Traveler TSTF-501, 
Revision 1, ``Relocate Stored Fuel Oil and Lube Oil Volume Values to 
Licensee Control.''

ADDRESSES: Please refer to Docket ID NRC-2012-0236 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-2012-0236. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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

[[Page 45564]]

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 pdr.resource@nrc.gov. 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: Douglas V. Pickett, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1364, email: Douglas.Pickett@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC has granted the request of Entergy 
Nuclear Operations, Inc. (the licensee), to withdraw its application 
dated August 14, 2012 (ADAMS Accession No. ML12234A250), for a proposed 
amendment to Facility Operating License No. DPR-64 for Indian Point 
Nuclear Generating, Unit No. 3, located in Westchester County, New 
York.
    The proposed change would have changed the licensing basis for the 
emergency diesel generator fuel oil storage tank requirements, revised 
TS 3.8.3, ``Diesel Fuel Oil, and Starting Air,'' and relocated the 
specific numerical values for fuel oil storage requirements from the 
TSs to the TS Bases in accordance with TSTF-501, Revision 1, ``Relocate 
Stored Fuel Oil and Lube Oil Volume Values to Licensee Control'' (ADAMS 
Accession No. ML090510686).
    A Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing was published in the 
Federal Register on October 16, 2012 (77 FR 63350). The licensee's 
application dated August 14, 2012, was supplemented by letters dated 
April 15, 2013, July 23, 2013, and April 14, 2014 (ADAMS Accession Nos. 
ML13116A010, ML13211A167, and ML14112A477, respectively). The licensee 
withdrew the application by letter dated June 25, 2015 (ADAMS Accession 
No. ML15187A072).

    Dated at Rockville, Maryland, this 22nd day of July 2015.
    For the Nuclear Regulatory Commission.

Douglas V. Pickett,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-18730 Filed 7-29-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                                            Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices                                                 45563

                                             U.S. Nuclear Regulatory Commission,                      applicants or licensees are protected                   For the Nuclear Regulatory Commission.
                                             Washington, DC 20555–0001, telephone:                    under either the Backfit Rule or the                  Lawrence Burkhart,
                                             301–415–6992, email: Mark.Notich@                        issue finality provisions of 10 CFR part              Acting Chief, New Reactor Rulemaking and
                                             nrc.gov.                                                 52.                                                   Guidance Branch, Division of Advanced
                                                                                                                                                            Reactors and Rulemaking, Office of New
                                             SUPPLEMENTARY INFORMATION:                               2. Application of BTP 8–9 to Existing                 Reactors.
                                             I. Background                                            Licensees                                             [FR Doc. 2015–18634 Filed 7–29–15; 8:45 am]
                                                On June 5, 2014 (79 FR 32580), the                       The NRC staff may consider imposing                BILLING CODE 7590–01–P
                                             NRC published for public comment the                     the positions described in the BTP on
                                             proposed version of BTP 8–9, ‘‘Open                      existing licenses, the NRC staff will
                                             Phase Conditions in Electric Power                                                                             NUCLEAR REGULATORY
                                                                                                      address backfit considerations in any
                                             System,’’ in Chapter 8, ‘‘Electrical                                                                           COMMISSION
                                                                                                      plant-specific action it takes. If, in the
                                             Power,’’ of NUREG–0800. The staff                        future, the NRC staff seeks to impose a               [Docket No. 50–286; NRC–2012–0236]
                                             received many comments on the draft                      position in the BTP on holders of
                                             BTP. A summary of the comments and                       already issued licenses in a manner that              Entergy Nuclear Operations, Inc.;
                                             the staff’s disposition of the comments                  does not provide issue finality as                    Indian Point Nuclear Generating, Unit
                                             are available in a separate document,                    described in the applicable issue finality            No. 3
                                             ‘‘Response to Public Comments on Draft                   provision, then the staff must make the               AGENCY:  Nuclear Regulatory
                                             Standard Review Plan, BTP 8–9, Open                      showing as set forth in the Backfit Rule              Commission.
                                             Phase Conditions in Electric Power                       or address the criteria for avoiding issue
                                             System’’ (ADAMS Accession No.                                                                                  ACTION: License amendment application;
                                                                                                      finality as described in the applicable               withdrawal by applicant.
                                             ML15056A521). The BTP is guidance to                     issue finality provision.
                                             the NRC Staff for reviewing applications                                                                       SUMMARY:   The Nuclear Regulatory
                                             for licenses for nuclear power reactors                  3. Backfitting and Issue Finality Do
                                                                                                                                                            Commission (NRC) has granted the
                                             under 10 CFR parts 50 and 52 and                         Not—With Limited Exceptions Not
                                                                                                                                                            request of Entergy Nuclear Operations,
                                             amendments to licenses issued under                      Applicable Here—Protect Current or
                                                                                                                                                            Inc., to withdraw its application dated
                                             parts 50 and 52. The NRC Staff intends                   Future Applicants
                                                                                                                                                            August 14, 2012, for a proposed
                                             to reference the BTP in NUREG–0800                                                                             amendment to Facility Operating
                                             for the same purpose.                                       Applicants and potential applicants
                                                                                                      are not, with certain exceptions,                     License No. DPR–64 for Indian Point
                                             II. Backfitting and Issue Finality                       protected by either the Backfit Rule or               Nuclear Generating, Unit No. 3. The
                                                Branch Technical Position 8–9                         any issue finality provisions under 10                proposed change would have changed
                                             provides guidance to the staff for                       CFR part 52. Neither the Backfit Rule                 the licensing basis for the emergency
                                             reviewing applications for a                             nor the issue finality provisions under               diesel generator fuel oil storage tank
                                             construction permit and an operating                     10 CFR part 52—with certain                           requirements, revised Technical
                                             license under part 50 of Title 10 of the                 exclusions—were intended to apply to                  Specification (TS) 3.8.3, ‘‘Diesel Fuel
                                             Code of Federal Regulations (10 CFR),                    every NRC action that substantially                   Oil, and Starting Air,’’ and relocated the
                                             ‘‘Domestic Licensing of Production and                   changes the expectations of current and               specific numerical values for fuel oil
                                             Utilization Facilities,’’ with respect to                future applicants.                                    storage requirements from the TSs to the
                                             compliance with General Design Criteria                                                                        TS Bases in accordance with Technical
                                                                                                         The exceptions to the general
                                             17, ‘‘Electric Power Systems,’’ of                                                                             Specification Task Force (TSTF)
                                                                                                      principle are applicable whenever an
                                             Appendix A, ‘‘General Design Criteria                                                                          Traveler TSTF–501, Revision 1,
                                                                                                      applicant references a 10 CFR part 52
                                             for Nuclear Power Plants.’’ BTP 8–9 also                                                                       ‘‘Relocate Stored Fuel Oil and Lube Oil
                                                                                                      license (e.g., an early site permit) or
                                             provides guidance for reviewing an                                                                             Volume Values to Licensee Control.’’
                                                                                                      NRC regulatory approval (e.g., a design
                                             application for a standard design                                                                              ADDRESSES: Please refer to Docket ID
                                                                                                      certification rule) with specified issue
                                             approval, a standard design                              finality provisions. The NRC staff does               NRC–2012–0236 when contacting the
                                             certification, a combined license, and a                 not, at this time, intend to impose the               NRC about the availability of
                                             manufacturing license under 10 CFR                       positions represented in the SRP in a                 information regarding this document.
                                             part 52, ‘‘Licenses, Certifications, and                 manner that is inconsistent with any                  You may obtain publicly-available
                                             Approvals for Nuclear Power Plants,’’                    issue finality provisions. If, in the                 information related to this document
                                             with respect to those same subject                       future, the staff seeks to impose a                   using any of the following methods:
                                             matters.                                                                                                          • Federal Rulemaking Web site: Go to
                                                                                                      position in the BTP section in a manner
                                                Issuance of BTP 8–9 does not                                                                                http://www.regulations.gov and search
                                                                                                      that does not provide issue finality as
                                             constitute backfitting as defined in 10                                                                        for Docket ID NRC–2012–0236. Address
                                                                                                      described in the applicable issue finality
                                             CFR 50.109 (the Backfit Rule) nor is it                                                                        questions about NRC dockets to Carol
                                                                                                      provision, then the staff must address
                                             inconsistent with the issue finality                                                                           Gallagher; telephone: 301–415–3463;
                                                                                                      the criteria for avoiding issue finality as
                                             provisions in 10 CFR part 52. The NRC’s                                                                        email: Carol.Gallagher@nrc.gov. For
                                                                                                      described in the applicable issue finality
                                             position is based upon the following                                                                           technical questions, contact the
                                                                                                      provision.
                                             considerations.                                                                                                individual listed in the FOR FURTHER
                                                                                                      III. Congressional Review Act                         INFORMATION CONTACT section of this
                                             1. The BTP 8–9 Positions Would Not                                                                             document.
                                             Constitute Backfitting, Inasmuch as the                     This action is a rule as defined in the               • NRC’s Agencywide Documents
                                             SRP Is Internal Guidance to NRC Staff
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                                                                                                      Congressional Review Act (5 U.S.C.                    Access and Management System
                                                The BTP provides internal guidance                    801–808). However, the Office of                      (ADAMS): You may obtain publicly
                                             to the NRC staff on how to review an                     Management and Budget has not found                   available documents online in the
                                             application for NRC regulatory approval                  it to be a major rule as defined in the               ADAMS Public Documents collection at
                                             in the form of licensing. Changes in                     Congressional Review Act.                             http://www.nrc.gov/reading-rm/
                                             internal staff guidance are not matters                    Dated at Rockville, Maryland, this 22nd             adams.html. To begin the search, select
                                             for which either nuclear power plant                     day of July 2015.                                     ‘‘ADAMS Public Documents’’ and then


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                                             45564                          Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices

                                             select ‘‘Begin Web-based ADAMS                                For the Nuclear Regulatory Commission.            contract related to the proposed new
                                             Search.’’ For problems with ADAMS,                       Douglas V. Pickett,                                    product under 39 U.S.C. 3632(b)(3) and
                                             please contact the NRC’s Public                          Senior Project Manager, Plant Licensing                39 CFR 3015.5. Id. Attachment B.
                                             Document Room (PDR) reference staff at                   Branch I–1, Division of Operating Reactor                To support its Request, the Postal
                                             1–800–397–4209, 301–415–4737, or by                      Licensing, Office of Nuclear Reactor                   Service filed a copy of the contract, a
                                             email to pdr.resource@nrc.gov. The                       Regulation.
                                                                                                                                                             copy of the Governors’ Decision
                                             ADAMS accession number for each                          [FR Doc. 2015–18730 Filed 7–29–15; 8:45 am]
                                                                                                                                                             authorizing the product, proposed
                                             document referenced (if that document                    BILLING CODE 7590–01–P
                                                                                                                                                             changes to the Mail Classification
                                             is available in ADAMS) is provided the                                                                          Schedule, a Statement of Supporting
                                             first time that a document is referenced.                                                                       Justification, a certification of
                                                • NRC’s PDR: You may examine and                      POSTAL REGULATORY COMMISSION                           compliance with 39 U.S.C. 3633(a), and
                                             purchase copies of public documents at                   [Docket Nos. MC2015–69 and CP2015–107;                 an application for non-public treatment
                                             the NRC’s PDR, Room O1–F21, One                          Order No. 2610]                                        of certain materials. It also filed
                                             White Flint North, 11555 Rockville                                                                              supporting financial workpapers.
                                             Pike, Rockville, Maryland 20852.                         New Postal Product
                                                                                                                                                             II. Notice of Commission Action
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                      AGENCY: Postal Regulatory Commission.
                                             Douglas V. Pickett, Office of Nuclear                    ACTION: Notice.                                          The Commission establishes Docket
                                             Reactor Regulation, U.S. Nuclear                                                                                Nos. MC2015–69 and CP2015–107 to
                                                                                                      SUMMARY:   The Commission is noticing a
                                             Regulatory Commission, Washington,                                                                              consider the Request pertaining to the
                                                                                                      recent Postal Service filing concerning
                                             DC 20555–0001; telephone: 301–415–                                                                              proposed Priority Mail Express &
                                                                                                      the addition of Priority Mail Express &
                                             1364, email: Douglas.Pickett@nrc.gov.                                                                           Priority Mail Contract 19 product and
                                                                                                      Priority Mail Contract 19 negotiated
                                                                                                      service agreement to the competitive                   the related contract, respectively.
                                             SUPPLEMENTARY INFORMATION:      The NRC
                                                                                                      product list. This notice informs the                    The Commission invites comments on
                                             has granted the request of Entergy
                                                                                                      public of the filing, invites public                   whether the Postal Service’s filings in
                                             Nuclear Operations, Inc. (the licensee),
                                                                                                      comment, and takes other                               the captioned dockets are consistent
                                             to withdraw its application dated
                                                                                                      administrative steps.                                  with the policies of 39 U.S.C. 3632,
                                             August 14, 2012 (ADAMS Accession
                                                                                                      DATES: Comments are due: August 3,                     3633, or 3642, 39 CFR part 3015, and 39
                                             No. ML12234A250), for a proposed
                                                                                                      2015.                                                  CFR part 3020, subpart B. Comments are
                                             amendment to Facility Operating
                                                                                                      ADDRESSES: Submit comments                             due no later than August 3, 2015. The
                                             License No. DPR–64 for Indian Point
                                                                                                      electronically via the Commission’s                    public portions of these filings can be
                                             Nuclear Generating, Unit No. 3, located
                                                                                                      Filing Online system at http://                        accessed via the Commission’s Web site
                                             in Westchester County, New York.
                                                                                                      www.prc.gov. Those who cannot submit                   (http://www.prc.gov).
                                                The proposed change would have                        comments electronically should contact                   The Commission appoints Kenneth R.
                                             changed the licensing basis for the                      the person identified in the FOR FURTHER               Moeller to serve as Public
                                             emergency diesel generator fuel oil                      INFORMATION CONTACT section by                         Representative in these dockets.
                                             storage tank requirements, revised TS                    telephone for advice on filing
                                             3.8.3, ‘‘Diesel Fuel Oil, and Starting                   alternatives.                                          III. Ordering Paragraphs
                                             Air,’’ and relocated the specific
                                                                                                      FOR FURTHER INFORMATION CONTACT:                         It is ordered:
                                             numerical values for fuel oil storage
                                                                                                      David A. Trissell, General Counsel, at
                                             requirements from the TSs to the TS                                                                               1. The Commission establishes Docket
                                                                                                      202–789–6820.
                                             Bases in accordance with TSTF–501,                                                                              Nos. MC2015–69 and CP2015–107 to
                                                                                                      SUPPLEMENTARY INFORMATION:
                                             Revision 1, ‘‘Relocate Stored Fuel Oil                                                                          consider the matters raised in each
                                             and Lube Oil Volume Values to                            Table of Contents                                      docket.
                                             Licensee Control’’ (ADAMS Accession                      I. Introduction                                          2. Pursuant to 39 U.S.C. 505, Kenneth
                                             No. ML090510686).                                        II. Notice of Commission Action                        R. Moeller is appointed to serve as an
                                                A Notice of Consideration of Issuance                 III. Ordering Paragraphs                               officer of the Commission to represent
                                             of Amendment to Facility Operating                       I. Introduction                                        the interests of the general public in
                                             License, Proposed No Significant                                                                                these proceedings (Public
                                                                                                         In accordance with 39 U.S.C. 3642
                                             Hazards Consideration Determination,                                                                            Representative).
                                                                                                      and 39 CFR 3020.30 et seq., the Postal
                                             and Opportunity for a Hearing was                        Service filed a formal request and                       3. Comments are due no later than
                                             published in the Federal Register on                     associated supporting information to                   August 3, 2015.
                                             October 16, 2012 (77 FR 63350). The                      add Priority Mail Express & Priority                     4. The Secretary shall arrange for
                                             licensee’s application dated August 14,                  Mail Contract 19 to the competitive                    publication of this order in the Federal
                                             2012, was supplemented by letters                        product list.1                                         Register.
                                             dated April 15, 2013, July 23, 2013, and                    The Postal Service
                                             April 14, 2014 (ADAMS Accession Nos.                     contemporaneously filed a redacted                      By the Commission.
                                             ML13116A010, ML13211A167, and                                                                                   Ruth Ann Abrams,
                                             ML14112A477, respectively). The                            1 Request of the United States Postal Service to
                                                                                                                                                             Acting Secretary.
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                                             licensee withdrew the application by                     Add Priority Mail Express & Priority Mail Contract
                                                                                                                                                             [FR Doc. 2015–18706 Filed 7–29–15; 8:45 am]
                                                                                                      19 to Competitive Product List and Notice of Filing
                                             letter dated June 25, 2015 (ADAMS                        (Under Seal) of Unredacted Governors’ Decision,        BILLING CODE 7710–FW–P
                                             Accession No. ML15187A072).                              Contract, and Supporting Data, July 24, 2015
                                                                                                      (Request). The caption of the Request referenced an
                                               Dated at Rockville, Maryland, this 22nd                incorrect docket number, which the Postal Service
                                             day of July 2015.                                        corrected by errata. Notice of the United States
                                                                                                      Postal Service of Filing Errata to Request, July 27,
                                                                                                      2015.



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Document Created: 2018-02-23 09:30:10
Document Modified: 2018-02-23 09:30:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment application; withdrawal by applicant.
ContactDouglas V. Pickett, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1364, email: [email protected]
FR Citation80 FR 45563 

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