80 FR 53581 - Watts Bar Nuclear Plant, Unit 1; Application and Amendment to Facility Operating License Involving Proposed No Significant Hazards Consideration Determination

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range		53581-53584
FR Document		2015-21935

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of a license amend request for the Watts Bar Nuclear Plant (WBN), Unit 1. The proposed amendment would revise a current License Condition (Section 2.F) regarding the Fire Protection Program and propose a new License Condition (Section 2.I) regarding a fire protection requirement for WBN, Unit 1. The NRC proposes to determine that this request involve no significant hazards consideration.

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53581-53584]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-21935]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-390; NRC-2015-0206]

Watts Bar Nuclear Plant, Unit 1; Application and Amendment to
Facility Operating License Involving Proposed No Significant Hazards
Consideration Determination

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of a license amend request for the Watts Bar
Nuclear Plant (WBN), Unit 1. The proposed amendment would revise a
current License Condition (Section 2.F) regarding the Fire Protection
Program and propose a new License Condition (Section 2.I) regarding a
fire protection requirement for WBN, Unit 1. The NRC proposes to
determine that this request involve no significant hazards
consideration.

DATES: Comments must be filed by October 5, 2015. A request for a
hearing must be filed by November 3, 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-2015-0206. 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.
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 A. Dion, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1349; email: Jeanne.Dion@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2015-0206 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-2015-0206.
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 pdr.resource@nrc.gov. The
application for amendment, dated August 13, 2015, is available in ADAMS
under Accession No. ML15225A344.
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-2015-0206 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 posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.

[[Page 53582]]

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 submissions into ADAMS.

II. Introduction

The NRC is considering issuance of an amendment to Facility
Operating License No. NFP-90, issued to Tennessee Valley Authority (the
licensee), for operation of the Watts Bar Nuclear Plant (WBN), Unit 1
located in Spring City, Tennessee.
The proposed amendment would revise a current License Condition
(Section 2.F) regarding the Fire Protection Program and propose a new
License Condition (Section 2.I) regarding a fire protection requirement
for WBN, Unit 1. Section 2.F is the license condition associated with
fire protection and defines the basis for the NRC's approval of the
Fire Protection Program that is applicable to the operation of WBN,
Unit 1. The proposed amendment would update the fire protection license
condition, Section 2.F, to reflect dual-unit operation and the Fire
Protection Program that would be in effect should WBN, Unit 2 receive
an operating license (OL). Section 2.I is a new License Condition
associated with fire protection requirements to ensure the fire
detection monitoring panel in the main control room (MCR) meets the
designated standards or is tested and found suitable for the specified
purpose.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission' 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 overall effect of the licensing of WBN Unit 2, on the safe
operation of WBN Unit 1, is being assessed by the reviews the
Nuclear Regulatory Commission (NRC) documents in Supplemental Safety
Evaluation Reports (SSERs). This proposed change is limited in scope
and will align the OLs for WBN Unit 1 and WBN Unit 2, so that the
Fire Protection Program may be managed by a common document, the WBN
Unit 1/Unit 2 Fire Protection Report (FPR). Because this proposed
change is administrative in nature, no accident analysis conclusions
made in the WBN Unit 1 UFSAR [Updated Final Safety Analysis Report]
are affected. The proposed change revised the WBN Fire Hazards
Analysis (FHA) but did not result in any adverse effects or any
adverse effects on any component required for a fire safe shutdown.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
The proposed change adds a requirement to ensure the fire
detection monitoring panel in the MCR meets appropriate design
standards or is tested and found suitable while not effecting any
plant structures, systems, or components (SSCs). The change does not
affect plant operations, any design function or an analysis that
verifies the capability of an SSC to perform a design function.
Because no plant equipment or method of evaluation are affected by
this change, the proposed amendment does not change any of the
previously evaluated accidents in the updated final safety analysis
report (UFSAR).
No accident analysis conclusions made in the WBN Unit 1 UFSAR
are affected. The proposed change does not revise or affect the Fire
Hazards Analysis (FHA) or any component required for a fire safe
shutdown.
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 overall effect of the licensing of WBN Unit 2, on the safe
operation of WBN Unit 1, is being assessed by the reviews the NRC
documents in SSERs. This proposed change is limited in scope and
does not result in any adverse effects on the FHA or any component
required for a fire safe shutdown. In addition, no accident analysis
conclusions made in the WBN Unit 1 UFSAR are affected. Based on
this, the proposed amendment will not alter the requirements or
function for systems required during accident conditions.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
The proposed change adds a requirement to ensure the fire
detection monitoring panel in the MCR meets appropriate design
standards or is tested and found suitable and does not change any
design function, operation of an SSC, performance of testing or
maintenance of an SSC. This proposed change is limited in scope and
does not revise or affect the FHA or any component required for a
fire safe shutdown. In addition, no accident analysis conclusions
made in the WBN Unit 1 UFSAR are affected. Based on this, the
proposed amendment will not alter the requirements or function for
systems required during accident conditions.
Therefore, the proposed change does 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
the margin of safety?
Response: No.
This proposed change is associated with the implementation of
WBN's Fire Protection Program for two-unit operation as approved in
NRC SSERs. Because the proposed amendment is administrative in
nature (updates a condition of the WBN Unit 1 OL), implementation of
the amendment will not affect the manner in which safety limits or
limiting safety system settings are determined nor will there be any
effect on those plant systems necessary to assure the accomplishment
of protection functions.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
This proposed change adds a requirement to ensure that the fire
detection monitoring panel in the MCR either meets the appropriate
designated standards or has been tested and found suitable for the
specified purpose. Implementation of the amendment (the addition of
a license condition to the WBN Unit 1 OL) will not affect the manner
in which safety limits or limiting safety system settings are
determined nor will there be any effect on those plant systems
necessary to assure the accomplishment of protection functions.
Therefore, the proposed change does 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
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the

[[Page 53583]]

expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.

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 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 Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed by the above date, the Commission or a presiding officer
designated by the Commission or by the Chief Administrative Judge of
the Atomic Safety and Licensing Board Panel, will rule on the request
and/or petition; and the Secretary or the Chief Administrative Judge of
the Atomic Safety and License Board will issue a notice of a hearing or
an appropriate order.
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.
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

[[Page 53584]]

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 hearing.docket@nrc.gov, 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 NRC'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
MSHD.Resource@nrc.gov, or by a toll-free call to 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
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, 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 amendment request, see the
application for amendment dated August 13, 2015, which is available for
public inspection at the NRC's PDR, located at One White Flint North,
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland
20852. Publicly available documents created or received at the NRC are
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the PDR's Reference
staff at 1-800-397-4209, 301-415-4737, or by email to
pdr.resource@nrc.gov.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie F. Quichocho.

Dated at Rockville, Maryland, this 24th day of August 2015.

For the Nuclear Regulatory Commission.
Jeanne A. Dion,
Project Manager, Watts Bar Special Projects Branch, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-21935 Filed 9-3-15; 8:45 am]
BILLING CODE 7590-01-P

53582 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

If you are requesting or aggregating involve a significant reduction in a Therefore, the proposed changes do not
comments from other persons for margin of safety. As required by 10 CFR create the possibility of a new or different
submission to the NRC, then you should 50.91(a), the licensee has provided its kind of accident from any accident
previously evaluated.
inform those persons not to include analysis of the issue of no significant
The proposed change adds a requirement
identifying or contact information that hazards consideration, which is to ensure the fire detection monitoring panel
they do not want to be publicly presented below: in the MCR meets appropriate design
disclosed in their comment submission. 1. Does the proposed change involve a standards or is tested and found suitable and
Your request should state that the NRC significant increase in the probability or does not change any design function,
does not routinely edit comment consequences of an accident previously operation of an SSC, performance of testing
submissions to remove such information evaluated? or maintenance of an SSC. This proposed
before making the comment Response: No. change is limited in scope and does not
submissions available to the public or The overall effect of the licensing of WBN revise or affect the FHA or any component
Unit 2, on the safe operation of WBN Unit required for a fire safe shutdown. In addition,
entering the comment submissions into
1, is being assessed by the reviews the no accident analysis conclusions made in the
ADAMS. Nuclear Regulatory Commission (NRC) WBN Unit 1 UFSAR are affected. Based on
II. Introduction documents in Supplemental Safety this, the proposed amendment will not alter
Evaluation Reports (SSERs). This proposed the requirements or function for systems
The NRC is considering issuance of an change is limited in scope and will align the required during accident conditions.
amendment to Facility Operating OLs for WBN Unit 1 and WBN Unit 2, so that Therefore, the proposed change does not
License No. NFP–90, issued to the Fire Protection Program may be managed create the possibility of a new or different
Tennessee Valley Authority (the by a common document, the WBN Unit 1/ kind of accident from any accident
licensee), for operation of the Watts Bar Unit 2 Fire Protection Report (FPR). Because previously evaluated.
Nuclear Plant (WBN), Unit 1 located in this proposed change is administrative in 3. Does the proposed change involve a
Spring City, Tennessee. nature, no accident analysis conclusions significant reduction in the margin of safety?
made in the WBN Unit 1 UFSAR [Updated Response: No.
The proposed amendment would
Final Safety Analysis Report] are affected. This proposed change is associated with
revise a current License Condition The proposed change revised the WBN Fire the implementation of WBN’s Fire Protection
(Section 2.F) regarding the Fire Hazards Analysis (FHA) but did not result in Program for two-unit operation as approved
Protection Program and propose a new any adverse effects or any adverse effects on in NRC SSERs. Because the proposed
License Condition (Section 2.I) any component required for a fire safe amendment is administrative in nature
regarding a fire protection requirement shutdown. (updates a condition of the WBN Unit 1 OL),
for WBN, Unit 1. Section 2.F is the Therefore, the proposed change does not implementation of the amendment will not
license condition associated with fire involve a significant increase in the affect the manner in which safety limits or
probability or consequences of an accident limiting safety system settings are
protection and defines the basis for the
previously evaluated. determined nor will there be any effect on
NRC’s approval of the Fire Protection The proposed change adds a requirement those plant systems necessary to assure the
Program that is applicable to the to ensure the fire detection monitoring panel accomplishment of protection functions.
operation of WBN, Unit 1. The proposed in the MCR meets appropriate design Therefore, the proposed changes do not
amendment would update the fire standards or is tested and found suitable involve a significant reduction in a margin of
protection license condition, Section while not effecting any plant structures, safety.
2.F, to reflect dual-unit operation and systems, or components (SSCs). The change This proposed change adds a requirement
the Fire Protection Program that would does not affect plant operations, any design to ensure that the fire detection monitoring
function or an analysis that verifies the
be in effect should WBN, Unit 2 receive panel in the MCR either meets the
capability of an SSC to perform a design appropriate designated standards or has been
an operating license (OL). Section 2.I is function. Because no plant equipment or
a new License Condition associated tested and found suitable for the specified
method of evaluation are affected by this
with fire protection requirements to purpose. Implementation of the amendment
change, the proposed amendment does not
(the addition of a license condition to the
ensure the fire detection monitoring change any of the previously evaluated
WBN Unit 1 OL) will not affect the manner
panel in the main control room (MCR) accidents in the updated final safety analysis
report (UFSAR). in which safety limits or limiting safety
meets the designated standards or is system settings are determined nor will there
tested and found suitable for the No accident analysis conclusions made in
the WBN Unit 1 UFSAR are affected. The be any effect on those plant systems
specified purpose. proposed change does not revise or affect the necessary to assure the accomplishment of
Before issuance of the proposed Fire Hazards Analysis (FHA) or any protection functions.
license amendment, the Commission component required for a fire safe shutdown. Therefore, the proposed change does not
will have made findings required by the Therefore, the proposed change does not involve a significant reduction in a margin of
Atomic Energy Act of 1954, as amended involve a significant increase in the safety.
(the Act), and the Commission’s probability or consequences of an accident The NRC staff has reviewed the
regulations. previously evaluated. licensee’s analysis and, based on this
The Commission has made a 2. Does the proposed change create the
review, it appears that the three
proposed determination that the possibility of a new or different kind of
accident from any accident previously standards of 10 CFR 50.92(c) are
amendment request involves no evaluated? satisfied. Therefore, the NRC staff
significant hazards consideration. Under Response: No. proposes to determine that the
the Commission’ regulations in § 50.92 The overall effect of the licensing of WBN amendment request involves no
of Title 10 of the Code of Federal Unit 2, on the safe operation of WBN Unit significant hazards consideration.
Regulations (10 CFR), this means that 1, is being assessed by the reviews the NRC The Commission is seeking public
mstockstill on DSK4VPTVN1PROD with NOTICES

operation of the facility in accordance documents in SSERs. This proposed change comments on this proposed
with the proposed amendment would is limited in scope and does not result in any determination. Any comments received
not (1) involve a significant increase in adverse effects on the FHA or any component
within 30 days after the date of
required for a fire safe shutdown. In addition,
the probability or consequences of an no accident analysis conclusions made in the publication of this notice will be
accident previously evaluated; or (2) WBN Unit 1 UFSAR are affected. Based on considered in making any final
create the possibility of a new or this, the proposed amendment will not alter determination.
different kind of accident from any the requirements or function for systems Normally, the Commission will not
accident previously evaluated; or (3) required during accident conditions. issue the amendment until the

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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 53583

expiration of 60 days after the date of results of the proceeding. The hearing that person’s admitted contentions,
publication of this notice. The request or petition must specifically including the opportunity to present
Commission may issue the license explain the reasons why intervention evidence and to submit a cross-
amendment before expiration of the 60- should be permitted, with particular examination plan for cross-examination
day period provided that its final reference to the following general of witnesses, consistent with NRC
determination is that the amendment requirements: (1) The name, address, regulations, policies, and procedures.
involves no significant hazards and telephone number of the requestor The Atomic Safety and Licensing Board
consideration. In addition, the or petitioner; (2) the nature of the will set the time and place for any
Commission may issue the amendment requestor’s/petitioner’s right under the prehearing conferences and evidentiary
prior to the expiration of the 30-day Act to be made a party to the hearings, and the appropriate notices
comment period should circumstances proceeding; (3) the nature and extent of will be provided.
change during the 30-day comment the requestor’s/petitioner’s property, Hearing requests or petitions for leave
period such that failure to act in a financial, or other interest in the to intervene must be filed no later than
timely way would result, for example, proceeding; and (4) the possible effect of 60 days from the date of publication of
in derating or shutdown of the facility. any decision or order which may be this notice. Requests for hearing,
Should the Commission take action entered in the proceeding on the petitions for leave to intervene, and
prior to the expiration of either the requestor’s/petitioner’s interest. The motions for leave to file new or
comment period or the notice period, it hearing request or petition must also amended contentions that are filed after
will publish in the Federal Register a include the specific contentions that the the 60-day deadline will not be
notice of issuance. Should the requestor/petitioner seeks to have entertained absent a determination by
Commission make a final No Significant litigated at the proceeding. the presiding officer that the filing
Hazards Consideration Determination, For each contention, the requestor/ demonstrates good cause by satisfying
any hearing will take place after petitioner must provide a specific the three factors in 10 CFR
issuance. The Commission expects that statement of the issue of law or fact to 2.309(c)(1)(i)–(iii).
the need to take this action will occur be raised or controverted, as well as a
If a hearing is requested, the
very infrequently. brief explanation of the basis for the
Commission will make a final
contention. Additionally, the requestor/
III. Opportunity To Request a Hearing determination on the issue of no
petitioner must demonstrate that the
and Petition for Leave to Intervene significant hazards consideration. The
issue raised by each contention is
Within 60 days after the date of within the scope of the proceeding and final determination will serve to decide
publication of this Federal Register is material to the findings that the NRC when the hearing is held. If the final
notice, any person whose interest may must make to support the granting of a determination is that the amendment
be affected by this proceeding and who license amendment in response to the request involves no significant hazards
desires to participate as a party in the application. The hearing request or consideration, the Commission may
proceeding must file a written request petition must also include a concise issue the amendment and make it
for hearing or a petition for leave to statement of the alleged facts or expert immediately effective, notwithstanding
intervene specifying the contentions opinion that support the contention and the request for a hearing. Any hearing
which the person seeks to have litigated on which the requestor/petitioner held would take place after issuance of
in the hearing with respect to the intends to rely at the hearing, together the amendment. If the final
license amendment request. Requests with references to those specific sources determination is that the amendment
for a hearing and petitions for leave to and documents. The hearing request or request involves a significant hazards
intervene shall be filed in accordance petition must provide sufficient consideration, then any hearing held
with the NRC’s ‘‘Agency Rules of information to show that a genuine would take place before the issuance of
Practice and Procedure’’ in 10 CFR part dispute exists with the applicant on a any amendment unless the Commission
2. Interested person(s) should consult a material issue of law or fact, including finds an imminent danger to the health
current copy of 10 CFR 2.309, which is references to specific portions of the or safety of the public, in which case it
available at the NRC’s PDR. The NRC’s application for amendment that the will issue an appropriate order or rule
regulations are accessible electronically petitioner disputes and the supporting under 10 CFR part 2.
from the NRC Library on the NRC’s Web reasons for each dispute. If the IV. Electronic Submissions (E-Filing)
site at http://www.nrc.gov/reading-rm/ requestor/petitioner believes that the
doc-collections/cfr/. If a request for a application for amendment fails to All documents filed in NRC
hearing or petition for leave to intervene contain information on a relevant matter adjudicatory proceedings, including a
is filed by the above date, the as required by law, the requestor/ request for hearing, a petition for leave
Commission or a presiding officer petitioner must identify each failure and to intervene, any motion or other
designated by the Commission or by the the supporting reasons for the document filed in the proceeding prior
Chief Administrative Judge of the requestor’s/petitioner’s belief. Each to the submission of a request for
Atomic Safety and Licensing Board contention must be one which, if hearing or petition to intervene, and
Panel, will rule on the request and/or proven, would entitle the requestor/ documents filed by interested
petition; and the Secretary or the Chief petitioner to relief. A requestor/ governmental entities participating
Administrative Judge of the Atomic petitioner who does not satisfy these under 10 CFR 2.315(c), must be filed in
Safety and License Board will issue a requirements for at least one contention accordance with the NRC’s E-Filing rule
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notice of a hearing or an appropriate will not be permitted to participate as a (72 FR 49139; August 28, 2007). The E-
order. party. Filing process requires participants to
As required by 10 CFR 2.309, a Those permitted to intervene become submit and serve all adjudicatory
request for hearing or petition for leave parties to the proceeding, subject to any documents over the internet, or in some
to intervene must set forth with limitations in the order granting leave to cases to mail copies on electronic
particularity the interest of the intervene, and have the opportunity to storage media. Participants may not
petitioner in the proceeding and how participate fully in the conduct of the submit paper copies of their filings
that interest may be affected by the hearing with respect to resolution of unless they seek an exemption in

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Document Created: 2015-12-15 09:58:33
Document Modified: 2015-12-15 09:58:33

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 request; opportunity to comment, request a hearing and petition for leave to intervene.
Dates		Comments must be filed by October 5, 2015. A request for a hearing must be filed by November 3, 2015.
Contact		Jeanne A. Dion, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1349; email: [email protected]
FR Citation		80 FR 53581