81_FR_46260 81 FR 46124 - Florida Power & Light Company; St. Lucie Plant, Unit No. 2

81 FR 46124 - Florida Power & Light Company; St. Lucie Plant, Unit No. 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range46124-46125
FR Document2016-16763

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued a director's decision with regard to a petition dated March 10, 2014, as supplemented, filed by the Southern Alliance for Clean Energy (SACE, the petitioner), requesting that the NRC take action with regard to St. Lucie Plant, Unit No. 2 (SL-2). The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document.

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016) 
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46124-46125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16763]



[[Page 46124]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-389; NRC-2015-0235]


Florida Power & Light Company; St. Lucie Plant, Unit No. 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Director's decision under 10 CFR 2.206; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
has issued a director's decision with regard to a petition dated March 
10, 2014, as supplemented, filed by the Southern Alliance for Clean 
Energy (SACE, the petitioner), requesting that the NRC take action with 
regard to St. Lucie Plant, Unit No. 2 (SL-2). The petitioner's requests 
and the director's decision are included in the SUPPLEMENTARY 
INFORMATION section of this document.

ADDRESSES: Please refer to Docket ID NRC-2015-0235 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0235. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
     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 
ADAMS accession number for each document referenced (if it 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.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, 
Office of Nuclear Reactor Regulation, has issued director's decision 
DD-16-02 (ADAMS Accession No. ML16167A086) on a petition filed by the 
petitioner on March 10, 2014 (ADAMS Accession No. ML14071A431), as 
supplemented.\1\
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    \1\ Supplements (ADAMS Accession Nos. ML14115A457, ML14115A458, 
ML14125A514, ML14128A557, ML14143A412, ML14147A523, ML14310A811, and 
ML14337A792).
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    The petitioner requested a hearing on what the petitioner 
characterized as a de facto license amendment for the replacement of 
the steam generators (SGs) in 2007 at SL-2, under Sec.  50.59 of title 
10 of the Code of Federal Regulations (10 CFR), ``Changes, tests and 
experiments.'' SACE requested that the NRC revoke the de facto license 
amendment and stay the restart of SL-2 from the March 3, 2014, 
refueling outage pending resolution of the hearing request. As the 
basis for this request, the petitioner stated that Florida Power & 
Light Company (the licensee) misapplied 10 CFR 50.59 and that the SG 
replacement should have required a license amendment. The petitioner 
also expressed concerns (1) related to the inspection of the 
replacement SGs and (2) regarding the effects of the extended power 
uprate (EPU) on SG tube inservice inspection and flow-induced effects 
on the SG internals.
    The Commission, by a memorandum and order (CLI-14-04) dated April 
1, 2014 (ADAMS Accession No. ML14091B118), denied SACE's request to 
stay the restart of SL-2 from the March 3, 2014, refueling outage. 
Subsequently, by a memorandum and order (CLI-14-11) dated December 19, 
2014 (ADAMS Accession No. ML14353A114), the Commission denied SACE's 
hearing request, concluded that the NRC did not issue the licensee a de 
facto license amendment, and referred SACE's safety concerns regarding 
the replacement SGs at SL-2 to the NRC's Executive Director for 
Operations for disposition under 10 CFR 2.206, ``Requests for action 
under this subpart.'' Therefore, the staff treated these concerns in 
SACE's hearing request as a petition for enforcement action pursuant to 
10 CFR 2.206. On February 24, 2015, (ADAMS Accession No. ML15057A221) 
and August 5, 2015 (ADAMS Accession No. ML15217A443), SACE informed the 
NRC staff by telephone that it had decided not to request a meeting 
with the NRC's Petition Review Board with regard to its 10 CFR 2.206 
petition.
    By letter dated September 28, 2015 (ADAMS Accession No. 
ML15205A313), the NRC acknowledged receipt of SACE's 10 CFR 2.206 
petition and notified SACE of the NRC's acceptance of a portion of the 
petition (i.e., one of SACE's safety concerns) for review in the 10 CFR 
2.206 process. The portion of the petition that the NRC accepted for 
review under the 10 CFR 2.206 process addresses the licensee's 
application of 10 CFR 50.59 with respect to the change in a methodology 
for evaluating SGs, as described in the updated final safety analysis 
report (UFSAR). The letter also stated that the NRC staff was 
evaluating whether the licensee properly applied 10 CFR 50.59 when it 
changed the structural analysis codes as described in the UFSAR.
    The staff's September 28, 2015, letter explained why the NRC did 
not accept the remaining portion of the petition for review under the 
10 CFR 2.206 process. This portion of the petition raised safety 
concerns related to (1) inspection of the replacement SGs and (2) the 
effects of the EPU on SG tube inservice inspection and flow-induced 
effects on the SG internals. These concerns met the criteria for 
rejection in NRC Management Directive 8.11, ``Review Process for 10 CFR 
2.206 Petitions,'' dated October 25, 2000 (ADAMS Accession No. 
ML041770328), because the concerns had already been reviewed, 
evaluated, and resolved by the NRC staff.
    By letters to the petitioner and licensee dated May 24, 2016 (ADAMS 
Accession Nos. ML16055A311 and ML16055A330, respectively), the NRC 
issued the proposed director's decision (ADAMS Accession No. 
ML16055A284) for comment. The petitioner and the licensee were asked to 
provide comments within 15 days on any part of the proposed director's 
decision that was considered to be erroneous or any issues in the 
petition that were not addressed. The NRC staff did not receive any 
comments on the proposed director's decision.
    The Director of the Office of Nuclear Reactor Regulation has denied 
the petitioner's requested enforcement actions against the licensee. 
The reasons for this decision are explained in director's decision DD-
16-02 pursuant to 10 CFR 2.206 of the Commission's regulations.
    The NRC will file a copy of the director's decision with the 
Secretary of the Commission for the Commission's review in accordance 
with 10 CFR 2.206. As provided by this regulation, the director's 
decision will constitute the final action of the Commission 25 days 
after the date of the decision unless the Commission, on its own 
motion, institutes a review of the director's decision in that time.

    Rockville, Maryland, this 8th day of July 2016.


[[Page 46125]]


    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-16763 Filed 7-14-16; 8:45 am]
BILLING CODE 7590-01-P

46124 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices NUCLEAR REGULATORY 10, 2014 (ADAMS Accession No. of the petition that the NRC accepted for COMMISSION ML14071A431), as supplemented.1 review under the 10 CFR 2.206 process The petitioner requested a hearing on addresses the licensee’s application of [Docket No. 50–389; NRC–2015–0235] what the petitioner characterized as a de 10 CFR 50.59 with respect to the change facto license amendment for the in a methodology for evaluating SGs, as Florida Power & Light Company; St. replacement of the steam generators described in the updated final safety Lucie Plant, Unit No. 2 (SGs) in 2007 at SL–2, under § 50.59 of analysis report (UFSAR). The letter also title 10 of the Code of Federal stated that the NRC staff was evaluating AGENCY: Nuclear Regulatory Regulations (10 CFR), ‘‘Changes, tests whether the licensee properly applied Commission. and experiments.’’ SACE requested that 10 CFR 50.59 when it changed the ACTION: Director’s decision under 10 the NRC revoke the de facto license structural analysis codes as described in CFR 2.206; issuance. amendment and stay the restart of SL– the UFSAR. 2 from the March 3, 2014, refueling SUMMARY: The U.S. Nuclear Regulatory The staff’s September 28, 2015, letter outage pending resolution of the hearing Commission (NRC or the Commission) explained why the NRC did not accept request. As the basis for this request, the has issued a director’s decision with the remaining portion of the petition for petitioner stated that Florida Power & regard to a petition dated March 10, review under the 10 CFR 2.206 process. Light Company (the licensee) 2014, as supplemented, filed by the This portion of the petition raised safety misapplied 10 CFR 50.59 and that the Southern Alliance for Clean Energy concerns related to (1) inspection of the SG replacement should have required a (SACE, the petitioner), requesting that replacement SGs and (2) the effects of license amendment. The petitioner also the NRC take action with regard to St. the EPU on SG tube inservice inspection expressed concerns (1) related to the Lucie Plant, Unit No. 2 (SL–2). The inspection of the replacement SGs and and flow-induced effects on the SG petitioner’s requests and the director’s (2) regarding the effects of the extended internals. These concerns met the decision are included in the power uprate (EPU) on SG tube criteria for rejection in NRC SUPPLEMENTARY INFORMATION section of inservice inspection and flow-induced Management Directive 8.11, ‘‘Review this document. effects on the SG internals. Process for 10 CFR 2.206 Petitions,’’ ADDRESSES: Please refer to Docket ID The Commission, by a memorandum dated October 25, 2000 (ADAMS NRC–2015–0235 when contacting the and order (CLI–14–04) dated April 1, Accession No. ML041770328), because NRC about the availability of 2014 (ADAMS Accession No. the concerns had already been information regarding this document. ML14091B118), denied SACE’s request reviewed, evaluated, and resolved by You may obtain publicly-available to stay the restart of SL–2 from the the NRC staff. information related to this document March 3, 2014, refueling outage. By letters to the petitioner and using any of the following methods: Subsequently, by a memorandum and licensee dated May 24, 2016 (ADAMS • Federal Rulemaking Web site: Go to order (CLI–14–11) dated December 19, Accession Nos. ML16055A311 and http://www.regulations.gov and search 2014 (ADAMS Accession No. ML16055A330, respectively), the NRC for Docket ID NRC–2015–0235. Address ML14353A114), the Commission denied issued the proposed director’s decision questions about NRC dockets to Carol SACE’s hearing request, concluded that (ADAMS Accession No. ML16055A284) Gallagher; telephone: 301–415–3463; the NRC did not issue the licensee a de for comment. The petitioner and the email: Carol.Gallagher@nrc.gov. facto license amendment, and referred licensee were asked to provide • NRC’s Agencywide Documents SACE’s safety concerns regarding the comments within 15 days on any part of Access and Management System replacement SGs at SL–2 to the NRC’s the proposed director’s decision that (ADAMS): You may obtain publicly- Executive Director for Operations for was considered to be erroneous or any available documents online in the disposition under 10 CFR 2.206, issues in the petition that were not ADAMS Public Documents collection at ‘‘Requests for action under this addressed. The NRC staff did not http://www.nrc.gov/reading-rm/ subpart.’’ Therefore, the staff treated receive any comments on the proposed adams.html. To begin the search, select these concerns in SACE’s hearing director’s decision. ‘‘ADAMS Public Documents’’ and then request as a petition for enforcement select ‘‘Begin Web-based ADAMS The Director of the Office of Nuclear action pursuant to 10 CFR 2.206. On Search.’’ For problems with ADAMS, Reactor Regulation has denied the February 24, 2015, (ADAMS Accession please contact the NRC’s Public petitioner’s requested enforcement No. ML15057A221) and August 5, 2015 Document Room (PDR) reference staff at actions against the licensee. The reasons (ADAMS Accession No. ML15217A443), 1–800–397–4209, 301–415–4737, or by for this decision are explained in SACE informed the NRC staff by email to pdr.resource@nrc.gov. The director’s decision DD–16–02 pursuant telephone that it had decided not to ADAMS accession number for each to 10 CFR 2.206 of the Commission’s request a meeting with the NRC’s document referenced (if it is available in regulations. Petition Review Board with regard to its ADAMS) is provided the first time that 10 CFR 2.206 petition. The NRC will file a copy of the a document is referenced. By letter dated September 28, 2015 director’s decision with the Secretary of • NRC’s PDR: You may examine and (ADAMS Accession No. ML15205A313), the Commission for the Commission’s purchase copies of public documents at the NRC acknowledged receipt of review in accordance with 10 CFR the NRC’s PDR, Room O1–F21, One SACE’s 10 CFR 2.206 petition and 2.206. As provided by this regulation, White Flint North, 11555 Rockville notified SACE of the NRC’s acceptance the director’s decision will constitute sradovich on DSK3GMQ082PROD with NOTICES Pike, Rockville, Maryland 20852. of a portion of the petition (i.e., one of the final action of the Commission 25 SUPPLEMENTARY INFORMATION: Notice is SACE’s safety concerns) for review in days after the date of the decision unless hereby given that the Director, Office of the 10 CFR 2.206 process. The portion the Commission, on its own motion, Nuclear Reactor Regulation, has issued institutes a review of the director’s director’s decision DD–16–02 (ADAMS 1 Supplements (ADAMS Accession Nos. decision in that time. ML14115A457, ML14115A458, ML14125A514, Accession No. ML16167A086) on a ML14128A557, ML14143A412, ML14147A523, Rockville, Maryland, this 8th day of July petition filed by the petitioner on March ML14310A811, and ML14337A792). 2016. VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\15JYN1.SGM 15JYN1

Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46125 For the Nuclear Regulatory Commission. A. Self-Regulatory Organization’s submit to the Exchange (in a form and William M. Dean, Statement of the Purpose of, and manner determined by the Exchange) Director, Office of Nuclear Reactor Statutory Basis for, the Proposed Rule documentation and other evidence it Regulation. Change executed at least 1,000 contracts on [FR Doc. 2016–16763 Filed 7–14–16; 8:45 am] behalf of customers during ETH that 1. Purpose BILLING CODE 7590–01–P month. The Exchange proposes to amend its The Exchange believes this program Fees Schedule, effective July 1, 2016. will incentivize TPHs to conduct Specifically, the Exchange proposes to executing agent operations during ETH SECURITIES AND EXCHANGE adopt a program that offers a monthly to increase customer accessibility to the COMMISSION subsidy to Trading Permit Holders ETH trading session. The purpose of the [Release No. 34–78276; File No. SR–CBOE– (‘‘TPHs’’) with executing agent subsidy is to help TPHs offset the costs 2016–041] operations 3 during the Extended that accompany this type of operation Trading Hours (‘‘ETH’’) trading session. during ETH, including costs related to Self-Regulatory Organizations; To participate in the ETH Executing staffing and clearing. Chicago Board Options Exchange, Agent Subsidy Program, a TPH must be Incorporated; Notice of Filing and a designated ETH executing agent. To 2. Statutory Basis Immediate Effectiveness of a Proposed become a designated ETH executing The Exchange believes the proposed Rule Change To Amend the Fees agent, a TPH must submit a form to the rule change is consistent with the Act Schedule Exchange.4 The TPH must include on or and the rules and regulations July 11, 2016. with the form information thereunder applicable to the Exchange Pursuant to Section 19(b)(1) of the demonstrating it maintains an ETH and, in particular, the requirements of Securities Exchange Act of 1934 (the executing agent operation: (1) Physically Section 6(b) of the Act.6 Specifically, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 staffed throughout each entire ETH the Exchange believes the proposed rule notice is hereby given that on June 28, trading session 5 and (2) willing to change is consistent with the Section 2016, Chicago Board Options Exchange, accept and execute orders on behalf of 6(b)(5) 7 requirements that the rules of Incorporated (the ‘‘Exchange’’ or customers, including customers for an exchange be designed to prevent ‘‘CBOE’’) filed with the Securities and which the agent does not hold accounts. fraudulent and manipulative acts and Exchange Commission (the The designation will be effective the practices, to promote just and equitable ‘‘Commission’’) the proposed rule first business day of the following principles of trade, to foster cooperation change as described in Items I, II, and calendar month, subject to the and coordination with persons engaged III below, which Items have been Exchange’s confirmation the TPH’s ETH in regulating, clearing, settling, prepared by the Exchange. The executing agent operations satisfies [sic] processing information with respect to, Commission is publishing this notice to these two conditions, and will remain in and facilitating transactions in solicit comments on the proposed rule effect until the Exchange receives an securities, to remove impediments to change from interested persons. email from the TPH terminating its and perfect the mechanism of a free and designation or the Exchange determines open market and a national market I. Self-Regulatory Organization’s the TPH’s ETH executing agent system, and, in general, to protect Statement of the Terms of the Substance operation no longer satisfies these two investors and the public interest. of the Proposed Rule Change conditions. Additionally, the Exchange believes the The Exchange proposes to amend its A designated ETH executing agent proposed rule change is consistent with Fees Schedule. The text of the proposed will be eligible to receive a $5,000 the Section 6(b)(5) 8 requirement that rule change is available on the monthly subsidy if it executes at least the rules of an exchange not be designed Exchange’s Web site (http:// 1,000 contracts on behalf of customers to permit unfair discrimination between www.cboe.com/AboutCBOE/ (including public and broker-dealer customers, issuers, brokers, or dealers. CBOELegalRegulatoryHome.aspx), at customers) during ETH in a calendar The Exchange also believes the the Exchange’s Office of the Secretary, month (which is an average of 50 proposed rule change is consistent with and at the Commission’s Public contracts per ETH trading session, Section 6(b)(4) of the Act,9 which Reference Room. assuming a 20-trading day month). requires that Exchange rules provide for Within two business days following the the equitable allocation of reasonable II. Self-Regulatory Organization’s end of a calendar month, in order to Statement of the Purpose of, and dues, fees, and other charges among its receive the subsidy for that month, the Trading Permit Holders and other Statutory Basis for, the Proposed Rule designated ETH executing agent must Change persons using its facilities. In particular, the ETH Executing In its filing with the Commission, the 3 An executing agent operation is one that accepts Agent Subsidy Program is reasonable Exchange included statements orders from customers (who may be public or broker-dealer customers, and including customers because it incentivizes TPHs to conduct concerning the purpose of and basis for for which the agent does not hold accounts) and executing agent operations willing to the proposed rule change and discussed submits the orders for execution (either directly to accept orders from all customers during any comments it received on the the Exchange or through another TPH). ETH to increase customer accessibility proposed rule change. The text of these 4 The ETH Executing Agent Subsidy Registration to the ETH trading session, which statements may be examined at the Form may be submitted to Registration@cboe.com. A TPH must submit the form to the Exchange no removes impediments to and perfects sradovich on DSK3GMQ082PROD with NOTICES places specified in Item IV below. The later than 3:00 p.m. on the second to last business the mechanism of a free and open Exchange has prepared summaries, set day of a calendar month to be designated an ETH market and a national market system. By forth in sections A, B, and C below, of executing agent under the program, and thus encouraging TPHs to conduct this type the most significant aspects of such eligible for the subsidy, beginning the following calendar month. statements. 5 This generally means the TPH has persons 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). available during all hours of the ETH trading 1 15 U.S.C. 78s(b)(1). 8 Id. session to take orders (such as by telephone) from 2 17 CFR 240.19b–4. customers. 9 15 U.S.C. 78f(b)(4). VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\15JYN1.SGM 15JYN1


Document Created: 2016-07-15 02:53:34
Document Modified: 2016-07-15 02:53:34
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
ActionDirector's decision under 10 CFR 2.206; issuance.
FR Citation81 FR 46124 
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