81_FR_88198 81 FR 87964 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations

81 FR 87964 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87964-87978
FR Document2016-28990

Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued, from November 8 to November 21, 2016. The last biweekly notice was published on November 22, 2016.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87964-87978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28990]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0245]


Biweekly Notice; Applications and Amendments to Facility 
Operating Licenses and Combined Licenses Involving No Significant 
Hazards Considerations

AGENCY: Nuclear Regulatory Commission.

ACTION: Biweekly notice.

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SUMMARY: Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, 
as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is 
publishing this regular biweekly notice. The Act requires the 
Commission to publish notice of any amendments issued, or proposed to 
be issued, and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This biweekly notice includes all notices of amendments issued, or 
proposed to be issued, from November 8 to November 21, 2016. The last 
biweekly notice was published on November 22, 2016.

DATES: Comments must be filed by January 5, 2017. A request for a 
hearing must be filed by February 6, 2017.

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-2016-0245. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384, email: [email protected].

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0245, facility name, unit 
number(s), plant docket number, application date, and subject 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-2016-0245.
     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/

[[Page 87965]]

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 it is mentioned in this 
document.
     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-2016-0245, facility name, unit 
number(s), plant docket number, application date, and subject 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.
    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. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses and Proposed No Significant 
Hazards Consideration Determination

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in Sec.  50.92 of title 10 of the Code of 
Federal Regulations (10 CFR), this means that operation of the facility 
in accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated, or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    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 
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 if 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. If the Commission 
takes 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. If the Commission makes 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.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to the action. Petitions shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested persons should consult a current copy of 10 CFR 
2.309, which is available at the NRC's PDR, located at One White Flint 
North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852. 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 petition is filed within 60 days, 
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 petition; and the Secretary or the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition shall 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 
petition should 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 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner seeks 
to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner shall provide a brief explanation of the bases for the 
contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion to support 
its position on the issue. The petition must include sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the proceeding. The contention must be one 
which, if proven, would entitle the petitioner to relief. A petitioner 
who fails to satisfy these requirements with respect to 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 consistent with the NRC's regulations, policies, and 
procedures.
    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

[[Page 87966]]

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) 
through (iii).
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, 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.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1).
    The petition should state the nature and extent of the petitioner's 
interest in the proceeding. The petition should be submitted to the 
Commission by February 6, 2017. The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

B. 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 (hereinafter 
``petition''), 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, as amended at 77 
FR 46562, August 3, 2012). The E-Filing process requires participants 
to submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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:

[[Page 87967]]

Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing a document in this manner are 
responsible for serving the document on all other participants. Filing 
is considered complete by first-class mail as of the time of deposit in 
the mail, or by courier, express mail, or expedited delivery service 
upon depositing the document with the provider of the service. A 
presiding officer, having granted an exemption request from using E-
Filing, may require a participant or party to use E-Filing if the 
presiding officer subsequently determines that the reason for granting 
the exemption from use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as Social Security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a petition 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to these license amendment 
applications, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on accessing information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.

Duke Energy Progress, Inc., Docket Nos. 50-325 and 50-324, Brunswick 
Steam Electric Plant, Units 1 and 2, Brunswick County, North Carolina

    Date of amendment request: August 29, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16252A220.
    Description of amendment request: The amendments would revise the 
Technical Specifications (TSs) to eliminate Section 5.5, ``lnservice 
Testing Program.'' A new defined term, ``lnservice Testing Program,'' 
is added to the TS Definitions section. This request is consistent with 
Technical Specification Task Force Traveler TSTF-545, Revision 3, ``TS 
lnservice Testing Program Removal & Clarify SR [Surveillance 
Requirement] Usage Rule Application to Section 5.5 Testing'' (ADAMS 
Accession No. ML15314A305).
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change revises TS Chapter 5, ``Administrative 
Controls,'' Section 5.5, ``Programs and Manuals,'' by eliminating 
the ``Inservice Testing Program'' specification. Most requirements 
in the Inservice Testing Program are removed, as they are 
duplicative of requirements in the ASME [American Society of 
Mechanical Engineers] OM [Operations and Maintenance] Code, as 
clarified by Code Case OMN-20, ``Inservice Test Frequency.'' The 
remaining requirements in the Section 5.5 IST [Inservice Testing] 
Program are eliminated because the NRC has determined their 
inclusion in the TS is contrary to regulations. A new defined term, 
``Inservice Testing Program,'' is added to the TS, which references 
the requirements of 10 CFR 50.55a(f).
    Performance of inservice testing is not an initiator to any 
accident previously evaluated. As a result, the probability of 
occurrence of an accident is not significantly affected by the 
proposed change. Inservice test frequencies under Code Case OMN-20 
are equivalent to the current testing period allowed by the TS with 
the exception that testing frequencies greater than 2 years may be 
extended by up to 6 months to facilitate test scheduling and 
consideration of plant operating conditions that may not be suitable 
for performance of the required testing. The testing frequency 
extension will not affect the ability of the components to mitigate 
any accident previously evaluated as the components are required to 
be operable during the testing period extension. Performance of 
inservice tests utilizing the allowances in OMN-20 will not 
significantly affect the reliability of the tested components. As a 
result, the availability of the affected components, as well as 
their ability to mitigate the consequences of accidents previously 
evaluated, is not affected.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed change does not alter the design or configuration 
of the plant. The proposed change does not involve a physical 
alteration of the plant; no new or different kind of equipment will 
be installed. The proposed change does not alter the types of 
inservice testing performed. In most cases, the frequency of 
inservice testing is unchanged. However, the frequency of testing 
would not result in a new or different kind of accident from any 
previously evaluated since the testing methods are not altered.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed change eliminates some requirements from the TS in 
lieu of requirements in the ASME Code, as modified by use of Code 
Case OMN-20. Compliance with the ASME Code is required by 10 CFR 
50.55a. The proposed change also allows inservice tests with 
frequencies greater than 2 years to be extended by 6 months to 
facilitate test scheduling and consideration of plant operating 
conditions that may not be suitable for performance of the required 
testing. The testing frequency extension will not affect the ability 
of the components to respond to an accident as the components are 
required to be operable during the testing period extension. The 
proposed change will eliminate the existing TS SR 3.0.3 allowance to 
defer performance of missed inservice tests up to the duration of 
the specified testing frequency, and instead will require an 
assessment of the missed test on equipment operability. This 
assessment will consider the effect on margin of safety (equipment 
operability). Should the component be inoperable, the Technical 
Specifications provide actions to ensure that the margin of safety 
is protected. The proposed change also eliminates a statement that 
nothing in the ASME Code should be construed to supersede the 
requirements of any TS. The NRC has determined that statement to be 
incorrect. However, elimination of the statement will have no effect 
on plant operation or safety.
    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

[[Page 87968]]

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.
    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 
550 South Tryon Street, M/C DEC45A, Charlotte, NC 28202.
    Acting NRC Branch Chief: Jeanne A. Dion.

Duke Energy Progress, Inc., Docket Nos. 50-325 and 50-324, Brunswick 
Steam Electric Plant, Units 1 and 2, Brunswick County, North Carolina

    Date of amendment request: September 28, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16287A415.
    Description of amendment request: The amendments would revise the 
Technical Specifications (TSs) to be consistent with Technical 
Specification Task Force Traveler TSTF-423, Revision 1, to allow, for 
some systems, entry into hot shutdown rather than cold shutdown to 
repair equipment, if risk is assessed and managed consistent with the 
program in place for complying with the requirements of 10 CFR 
50.65(a)(4). Changes proposed in TSTF-423 will be made to the Units' 
TSs for selected Required Action end states.
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change allows a change to certain required end 
states when the TS Completion Times for remaining in power operation 
will be exceeded. Most of the requested TS changes are to permit an 
end state of hot shutdown (Mode 3) rather than an end state of cold 
shutdown (Mode 4) contained in the current TS. The request was 
limited to: (1) those end states where entry into the shutdown mode 
is for a short interval, (2) entry is initiated by inoperability of 
a single train of equipment or a restriction on a plant operational 
parameter, unless otherwise stated in the applicable TS, and (3) the 
primary purpose is to correct the initiating condition and return to 
power operation as soon as is practical. Risk insights from both the 
qualitative and quantitative risk assessments were used in specific 
TS assessments. Such assessments are documented in Section 6 of 
topical report NEDC-32988-A, Revision 2, ``Technical Justification 
to Support Risk-Informed Modification to Selected Required Action 
End States for BWR [Boiling-Water Reactor] Plants.'' They provide an 
integrated discussion of deterministic and probabilistic issues, 
focusing on specific TSs, which are used to support the proposed TS 
end state and associated restrictions. The NRC staff finds that the 
risk insights support the conclusions of the specific TS 
assessments. Therefore, the probability of an accident previously 
evaluated is not significantly increased, if at all. The 
consequences of an accident after adopting TSTF-423 are no different 
than the consequences of an accident prior to adopting TSTF-423. 
Therefore, the consequences of an accident previously evaluated are 
not significantly affected by this change. The addition of a 
requirement to assess and manage the risk introduced by this change 
will further minimize possible concerns.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed change does not involve a physical alteration of 
the plant (i.e., no new or different type of equipment will be 
installed). If risk is assessed and managed, allowing a change to 
certain required end states when the TS Completion Times for 
remaining in power operation are exceeded (i.e., entry into hot 
shutdown rather than cold shutdown to repair equipment) will not 
introduce new failure modes or effects and will not, in the absence 
of other unrelated failures, lead to an accident whose consequences 
exceed the consequences of accidents previously evaluated. The 
addition of a requirement to assess and manage the risk introduced 
by this change and the commitment by the licensee to adhere to the 
guidance in TSTF-IG-05-02, ``Implementation Guidance for TSTF-423, 
Revision 1, `Technical Specifications End States, NEDC-32988-A,''' 
will further minimize possible concerns.
    Thus, based on the above, this change does not create the 
possibility of a new or different kind of accident from an accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed change allows, for some systems, entry into hot 
shutdown rather than cold shutdown to repair equipment, if risk is 
assessed and managed. The BWROG's [BWR Owner Group's] risk 
assessment approach is comprehensive and follows NRC staff guidance 
as documented in Regulatory Guides (RG) 1.174 and 1.177. In 
addition, the analyses show that the criteria of the three-tiered 
approach for allowing TS changes are met. The risk impact of the 
proposed TS changes was assessed following the three-tiered approach 
recommended in RG 1.177. A risk assessment was performed to justify 
the proposed TS changes. The net change to the margin of safety is 
insignificant.
    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.
    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 
550 South Tryon Street, M/C DEC45A, Charlotte, NC 28202.
    Acting NRC Branch Chief: Jeanne A. Dion.

Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington

    Date of amendment request: August 30, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16245A273.
    Description of amendment request: The amendment would reclassify 
reactor water cleanup (RWCU) piping, valves, pumps and mechanical 
modules located outside of primary and secondary containment in the 
radwaste building from Quality Group C to Quality Group D.
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment does not result in a significant increase 
in the probability of an accident because Quality Group D standards 
are considered appropriate for water containing components which are 
not part of the reactor coolant pressure boundary but may contain 
radioactive materials. The probability of a line break is not 
increased since the materials, design, and fabrication of Quality 
Group C components is comparable to Quality Group D components. 
Differences between the two quality groups are limited primarily to 
quality assurance requirements. The use of Quality Group D 
components for portions of RWCU located in the radwaste building 
provides an adequate level of quality, commensurate with the 
importance of the functions to be performed by that portion of the 
system, and ensures that the facility can be operated without undue 
risk to the health and safety of the public.
    All safety related equipment required to mitigate accidents is 
either significantly remote from, or separated by protective 
barriers from the reclassified portions of the system. The 
consequences of breaks considered in the portion of the RWCU system 
affected by this activity are calculated to not exceed regulatory 
limits for dose to control room personnel or the public.

[[Page 87969]]

Calculated results are not significantly different than those 
reported for the existing instrument line break analysis in [the 
Final Safety Analysis Report (FSAR)] Chapter 15.
    [Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.]
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    A postulated failure in the RWCU system piping would result in a 
high-energy line break (HELB) accident. High energy line breaks are 
already postulated and analyzed at various locations for portions of 
the RWCU system located in the reactor building. The existing 
instrument line break analysis was determined to bound a postulated 
worst case RWCU HELB. Since the offsite and onsite consequences of a 
postulated break in the reclassified portion of the RWCU is bounded 
by the existing instrument line break analyses, a new or different 
accident has not been created.
    [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 amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed amendment does not involve a significant reduction 
in a margin of safety. As noted in the technical and regulatory 
evaluation above, the reclassified portions of the system perform no 
active safety functions and will not result in radiological safety 
impact beyond that already assumed within the existing plant safety 
analyses.
    [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.
    Attorney for licensee: William A. Horin, Esq., Winston & Strawn, 
1700 K Street NW., Washington, DC 20006-3817.
    NRC Branch Chief: Robert J. Pascarelli.

Exelon Generation Company, LLC, Docket Nos. STN 50-454 and STN 50-455, 
Byron Station, Unit Nos. 1 and 2, Ogle County, Illinois

    Date of amendment request: October 7, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16281A174.
    Description of amendment request: The amendments would revise the 
Byron Station licensing basis for protection from tornado-generated 
missiles. Specifically, the Updated Final Safety Analysis Report 
(UFSAR) would be revised to identify the TORMIS Computer Code as the 
methodology used for assessing tornado-generated missile protection of 
unprotected plant structures, systems, and components (SSCs) and to 
describe the results of the Byron Station site-specific tornado hazard 
analysis.
    Basis for proposed no significant hazards consideration 
determination: 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 NRC TORMIS Safety Evaluation Report states the following:

    ``The current Licensing criteria governing tornado missile 
protection are contained in [NUREG-0800] Standard Review Plan (SRP) 
Section 3.5.1.4, [Missiles Generated by Natural Phenomena] and 3.5.2 
[Structures, Systems and Components to be Protected from Externally 
Generated Missiles]. These criteria generally specify that safety-
related systems be provided positive tornado missile protection 
(barriers) from the maximum credible tornado threat. However, SRP 
Section 3.5.1.4 includes acceptance criteria permitting relaxation 
of the above deterministic guidance, if it can be demonstrated that 
the probability of damage to unprotected essential safety-related 
features is sufficiently small.''

    As permitted by these SRP sections, the combined probability 
will be maintained below an allowable level, i.e., an acceptance 
criterion threshold, which reflects an extremely low probability of 
occurrence. SRP Section 2.2.3, ``Evaluation of Potential 
Accidents,'' established this threshold as approximately 1.0E-06 per 
year if, when combined with reasonable qualitative arguments, the 
realistic probability can be shown to be lower. The Byron Station 
analysis approach assumes that if the sum of the individual 
probabilities calculated for tornado missiles striking and damaging 
portions of safety-significant SSCs is greater than or equal to 
1.0E-06 per year per unit, then installation of tornado missile 
protection barriers would be required for certain components to 
lower the total cumulative damage probability below the acceptance 
criterion of 1.0E-06 per year per unit. Conversely, if the total 
cumulative damage probability remains below the acceptance criterion 
of 1.0E-06 per year per unit, no additional tornado missile 
protection barriers would be required for any of the unprotected 
safety-significant components.
    With respect to the probability of occurrence or the 
consequences of an accident previously evaluated in the UFSAR, the 
possibility of a tornado impacting the Byron Station site and 
causing damage to plant SSCs is a licensing basis event currently 
addressed in the UFSAR. The change being proposed (i.e., the use of 
the TORMIS methodology for assessing tornado-generated missile 
protection of unprotected plant SSCs), does not affect the 
probability of a tornado strike on the site; however, from a 
licensing basis perspective, the proposed change does affect the 
probability that missiles generated by a tornado will strike and 
damage certain safety-significant plant SSCs. There are a defined 
number of safety-significant components that could theoretically be 
struck and damaged by tornado-generated missiles. The probability of 
tornado-generated missile hits on these ``important'' systems and 
components is calculated using the TORMIS probabilistic methodology. 
The combined probability of damage for unprotected safety-
significant equipment will be maintained below the acceptance 
criterion of 1.0E-06 per year per unit to ensure adequate equipment 
remains available to safely shutdown the reactors, and maintain 
overall plant safety, should a tornado strike occur. Consequently, 
the proposed change does not constitute a significant increase in 
the probability of occurrence or the consequences of an accident 
based on the extremely low probability of damage caused by tornado-
generated missiles and the commensurate extremely low probability of 
a radiological release.
    Finally, the use of the TORMIS methodology will have no impact 
on accident initiators or precursors; does not alter the accident 
analysis assumptions or the manner in which the plant is operated or 
maintained; and does not affect the probability of operator error.
    Based on the above discussion, 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 impact of a tornado strike on the Byron Station site is a 
licensing basis event that is explicitly addressed in the UFSAR. The 
proposed change simply involves recognition of the acceptability of 
using an analysis tool (i.e., the TORMIS methodology) to perform 
probabilistic tornado missile damage calculations in accordance with 
approved regulatory guidance. The proposed change does not result in 
the creation of any new accident precursors; does not result in 
changes to any existing accident scenarios; and does not introduce 
any operational changes or mechanisms that would create the 
possibility of a new or different kind of accident.
    Therefore, the proposed change will not create the possibility 
of a new or different kind of accident than those previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The existing Byron Station licensing basis regarding tornado 
missile protection of safety-significant SSCs assumes that missile 
protection barriers are provided for safety-

[[Page 87970]]

significant SSCs; or the unprotected component is assumed to be 
unavailable post-tornado. The results of the Byron Station TORMIS 
analysis have demonstrated that there is an extremely low 
probability, below an established regulatory acceptance limit, that 
these ``important'' SSCs could be struck and subsequently damaged by 
tornado-generated missiles. The change in licensing basis from 
protecting safety-significant SSCs from tornado missiles, to 
demonstrating that there is an extremely low probability that 
safety-significant SSCs will be struck and damaged by tornado-
generated missiles, does not constitute a significant decrease in 
the margin of safety.
    Therefore, the proposed change to use the TORMIS methodology 
does not involve a significant reduction in the 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 
requested amendments involve no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    Acting NRC Branch Chief: G. Edward Miller.

Exelon Generation Company, LLC, Docket No. 50-461, Clinton Power 
Station (CPS), Unit 1, DeWitt County, Illinois

    Date of amendment request: August 11, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16229A278.
    Description of amendment request: The proposed change would 
eliminate the on-shift positions not needed for storage of the spent 
fuel in the spent fuel pool during the initial decommissioning period 
and the emergency response organization (ERO) positions not needed to 
respond to credible events. Additionally the licensee is proposing to 
revise the emergency action levels (EALs) to reflect those conditions 
applicable when the unit is in a permanently defueled condition.
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes to the CPS Emergency Plan do not impact the 
function of plant Structures, Systems, or Components (SSCs). The 
proposed changes do not involve the modification of any plant 
equipment or affect plant operation. The proposed changes do not 
affect accident initiators or precursors, nor do the proposed 
changes alter design assumptions. The proposed changes do not 
prevent the ability of the on-shift staff and ERO to perform their 
intended functions to mitigate the consequences of any accident or 
event that will be credible in the permanently defueled condition. 
The proposed changes only remove positions and remove certain EALs 
that will no longer be needed or credited in the Emergency Plan in 
the permanently defueled condition.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes reduce the number of on-shift and ERO 
positions commensurate with the hazards associated with a 
permanently shutdown and defueled facility. The proposed changes 
also remove EALs which are no longer applicable to CPS in a 
permanently defueled condition. The proposed changes do not involve 
installation of new equipment or modification of existing equipment, 
so that no new equipment failure modes are introduced. Also, the 
proposed changes do not result in a change to the way that the 
equipment or facility is operated so that no new accident initiators 
are created.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Margin of safety is associated with confidence in the ability of 
the fission product barriers (i.e., fuel cladding, reactor coolant 
system pressure boundary, and containment structure) to limit the 
level of radiation dose to the public. The proposed changes do not 
adversely affect existing plant safety margins or the reliability of 
the equipment assumed to operate in the safety analyses. There are 
no changes being made to safety analysis assumptions, safety limits, 
or limiting safety system settings that would adversely affect plant 
safety as a result of the proposed changes. The proposed changes are 
associated with the Emergency Plan and staffing and EAL schemes and 
do not impact operation of the plant or its response to transients 
or accidents.
    The proposed changes do not affect the Technical Specifications. 
The proposed changes do not involve a change in the method of plant 
operation, and no accident analyses will be affected by the proposed 
changes. Safety analysis acceptance criteria are not affected by the 
proposed changes and margins of safety are maintained. The revised 
Emergency Plan will continue to provide the necessary response staff 
with the proposed changes.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    Acting NRC Branch Chief: G. Edward Miller.

Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad 
Cities Nuclear Power Station (QCNPS), Units 1 and 2, Rock Island 
County, Illinois

    Date of amendment request: October 20, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16294A203.
    Description of amendment request: The proposed amendment request 
supports the deletion, modification, and addition to the organization, 
staffing, and training requirements contained in Sections 1.0 and 5.0 
of the Technical Specifications (TSs) after the license no longer 
authorizes operation of the reactor or placement or retention of fuel 
in the reactor pressure vessel. This proposed amendment also supports 
implementation of the Certified Fuel Handler training program.
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes would not take effect until QCNPS has 
permanently ceased operation and entered a permanently defueled 
condition. The proposed changes would revise the QCNPS TS by 
deleting or modifying certain portions of the TS administrative 
controls described in Section 5.0 of the TS that are no longer 
applicable to a permanently shutdown and defueled facility.
    The proposed changes do not involve any physical changes to 
plant structures, systems, and components (SSCs) or the manner in 
which SSCs are operated, maintained, modified, tested, or inspected. 
The proposed changes do not involve a change to any safety limits, 
limiting safety system settings, limiting control settings, limiting 
conditions for operation, surveillance requirements, or design 
features.
    The deletion and modification of provisions of the facility 
administrative

[[Page 87971]]

controls do not affect the design of SSCs necessary for safe storage 
of spent irradiated fuel or the methods used for handling and 
storage of such fuel in the Spent Fuel Pool (SFP). The proposed 
changes are administrative in nature and do not affect any accidents 
applicable to the safe management of spent irradiated fuel or the 
permanently shutdown and defueled condition of the reactor.
    In a permanently defueled condition, the only credible accidents 
are the Design Basis Fuel Handling Accidents Inside Containment (the 
specific concern is dropping a fuel bundle over the Spent Fuel Pool; 
not the Reactor Vessel) and Spent Fuel Storage Buildings and 
Postulated Liquid Releases Due to Liquid Tank Failures. Other 
accidents such as Loss of Coolant Accident, Loss of Feedwater, and 
Reactivity and Power Distribution Anomalies will no longer be 
applicable to a permanently defueled reactor plant.
    The probability of occurrence of previously evaluated accidents 
is not increased, since extended operation in a permanently defueled 
condition will be the only operation allowed, and therefore, bounded 
by the existing analyses. Additionally, the occurrence of postulated 
accidents associated with reactor operation is no longer credible in 
a permanently defueled reactor. This significantly reduces the scope 
of applicable accidents.
    The proposed changes in the administrative controls do not 
affect the ability to successfully respond to previously evaluated 
accidents and do not affect radiological assumptions used in the 
evaluations. The proposed changes narrow the focus of nuclear safety 
concerns to those associated with safely maintaining spent nuclear 
fuel. These changes remove the implication that QCNPS can return to 
operation once the final certification required by 10 CFR 
50.82(a)(1)(ii) is submitted to the NRC. Any event involving safe 
storage of spent irradiated fuel or the methods used for handling 
and storage of such fuel in the SFP would evolve slowly enough that 
no immediate response would be required to protect the health and 
safety of the public or station personnel. Adequate communications 
capability is provided to allow facility personnel to safely manage 
storage and handling of irradiated fuel. As a result, no changes to 
radiological release parameters are involved. There is no effect on 
the type or amount of radiation released, and there is no effect on 
predicted offsite doses in the event of an accident.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequence of an accident previously 
evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes to delete and/or modify certain TS 
administrative controls have no impact on facility SSCs affecting 
the safe storage of spent irradiated fuel, or on the methods of 
operation of such SSCs, or on the handling and storage of spent 
irradiated fuel itself. The proposed changes do not result in 
different or more adverse failure modes or accidents than previously 
evaluated because the reactor will be permanently shut down and 
defueled and QCNPS will no longer be authorized to operate the 
reactor. The proposed changes will continue to require proper 
control and monitoring of safety significant parameters and 
activities.
    The proposed changes do not result in any new mechanisms that 
could initiate damage to the remaining relevant safety barriers in 
support of maintaining the plant in a permanently shutdown and 
defueled condition (e.g., fuel cladding and SFP cooling). Since 
extended operation in a defueled condition will be the only 
operation allowed, and therefore bounded by the existing analyses, 
such a condition does not create the possibility of a new or 
different kind of accident.
    The proposed changes do not alter the protection system design 
or create new failure modes. The proposed changes do not involve a 
physical alteration of the plant, and no new or different kind of 
equipment will be installed. Consequently, there are no new 
initiators that could result in a new or different kind of accident.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes involve deleting and/or modifying certain 
TS administrative controls once the QCNPS facility has been 
permanently shutdown and defueled. As specified in 10 CFR 
50.82(a)(2), the 10 CFR 50 license for QCNPS will no longer 
authorize operation of the reactor or emplacement or retention of 
fuel into the reactor vessel following submittal of the 
certifications required by 10 CFR 50.82(a)(1). As a result, the 
occurrence of certain design basis postulated accidents are no 
longer considered credible when the reactor is permanently defueled.
    The only remaining credible accidents are the Design Basis Fuel 
Handling Accidents Inside Containment and Spent Fuel Storage 
Buildings (the specific concern is dropping a fuel bundle over the 
Spent Fuel Pool; not the Reactor Vessel) and the Postulated Liquid 
Releases Due to Liquid Tank Failures. The proposed changes do not 
adversely affect the inputs or assumptions of any of the design 
basis analyses that impact the Design Basis Fuel Handling Accidents.
    The proposed changes are limited to those portions of the TS 
administrative controls that are not related to the safe storage and 
maintenance of spent irradiated fuel.
    These proposed changes do not directly involve any physical 
equipment limits or parameters. The requirements that are proposed 
to be revised and/or deleted from the QCNPS TS are not credited in 
the existing accident analysis for the remaining applicable 
postulated accidents; therefore, they do not contribute to the 
margin of safety associated with the accident analysis. Certain 
postulated DBAs [design-basis accidents] involving the reactor are 
no longer possible because the reactor will be permanently shut down 
and defueled and QCNPS will no longer be authorized to operate the 
reactor.
    Therefore, the proposed changes do not involve a significant 
reduction in the 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 
requested amendments involve no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    Acting NRC Branch Chief: G. Edward Miller.

Florida Power & Light Company, Docket Nos. 50-250 and 50-251, Turkey 
Point Nuclear Generating Unit Nos. 3 and 4, Miami-Dade County, Florida

    Date of amendment request: April 4, 2016, as supplemented by 
letters dated September 1, 2016, and November 10, 2016. Publicly-
available versions are in ADAMS under Accession Nos. ML16110A266, 
ML16260A399, and ML16323A313, respectively.
    Description of amendment request: The amendments would revise the 
Technical Specification (TS) requirements for snubbers and add a new TS 
to the Administrative Controls section of the TSs describing the 
licensee's Snubber Testing Program. The amendments would revise the 
snubber TS surveillance requirements (SRs) by deleting specific 
requirements from the TS SRs and replacing them with a requirement to 
demonstrate snubber operability in accordance with the licensee-
controlled Snubber Testing Program. The proposed changes include 
additions to, deletions from, and conforming administrative changes to 
the TSs.
    The license amendment request was originally noticed in the Federal 
Register (FR) on July 5, 2016 (81 FR 43652). The notice is being 
reissued in its entirety because the licensee's supplement dated 
November 10, 2016, expanded the scope of the application by proposing 
to delete a portion of the snubber SR that requires inspections per 
another TS that is no longer applicable to snubbers.
    Basis for proposed no significant hazards consideration 
determination: 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:


[[Page 87972]]


    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes would revise TS SR 4.7.6 to conform the TS 
to the revised surveillance program for snubbers. Snubber 
examination, testing and service life monitoring will continue to 
meet the requirements of 10 CFR 50.55a(g).
    Snubber examination, testing and service life monitoring is not 
an initiator of any accident previously evaluated. Therefore, the 
probability of an accident previously evaluated is not significantly 
increased.
    Snubbers will continue to be demonstrated OPERABLE by 
performance of a program for examination, testing and service life 
monitoring in compliance with 10 CFR 50.55a or authorized 
alternatives. The proposed change to the TS 3.7.6 Action for 
inoperable snubbers is administrative in nature and is required for 
consistency with the proposed change to TS SR 4.7.6. The proposed 
change does not adversely affect plant operations, design functions 
or analyses that verify the capability of systems, structures, and 
components to perform their design functions[;] therefore, the 
consequences of accidents previously evaluated are not significantly 
increased.
    Therefore, it is concluded that this change does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes do not involve any physical alteration of 
plant equipment. The proposed changes do not alter the method by 
which any safety-related system performs its function. As such, no 
new or different types of equipment will be installed, and the basic 
operation of installed equipment is unchanged. The methods governing 
plant operation and testing remain consistent with current safety 
analysis assumptions.
    Therefore, it is concluded that this 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 a 
margin of safety?
    Response: No.
    The proposed changes ensure snubber examination, testing and 
service life monitoring will continue to meet the requirements of 10 
CFR 50.55a(g). Snubbers will continue to be demonstrated OPERABLE by 
performance of a program for examination, testing and service life 
monitoring in compliance with 10 CFR 50.55a or authorized 
alternatives.
    The proposed change to the TS 3.7.6 Action for inoperable 
snubbers is administrative in nature and is required for consistency 
with the proposed change to TS SR 4.7.6.
    Therefore, it is concluded that 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.
    Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light Company, 700 Universe Blvd., MS LAW/JB, 
Juno Beach, FL 33408-0420.
    Acting NRC Branch Chief: Jeanne A. Dion.

Florida Power & Light Company, et al., Docket Nos. 50-335 and 50-389, 
St. Lucie Plant, Unit Nos. 1 and 2, St. Lucie County, Florida

    Date of amendment request: September 16, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16271A181.
    Description of amendment request: The amendments would revise the 
Unit 1 and Unit 2 Technical Specifications (TSs) by removing certain 
process radiation monitors and placing their requirements in a 
licensee-controlled manual. The amendments would also change the Unit 2 
containment particulate radiation monitor range.
    Basis for proposed no significant hazards consideration 
determination: 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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The effluent radiation monitors are not event initiators, nor 
are they credited in the mitigation of any event or credited in the 
PRA [Probabilistic Risk Assessment]. Relocating the monitors to the 
ODCM [Offsite Dose Calculation Manual] does not adversely impact the 
monitor function, and does not affect the accident analyses in any 
manner.
    The Unit 2 containment atmosphere particulate radiation monitor 
is credited in the Leak-Before-Break analyses, where it states that 
``the leakage detection systems are capable of detecting the 
specified leak rate'' and that the leakage detection systems ``are 
consistent with Regulatory Guide 1.45.'' Correcting the TS 
instrument range for the monitor does not adversely impact the 
monitor function, i.e., its capability to detect leakage. This 
change does not affect the accident analyses in any manner.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any previously evaluated?
    Response: No.
    The proposed changes correct a legacy error in the Unit 2 TS, 
and the TS removal of effluent monitors and their subsequent 
relocation to the ODCM do not change the function or capabilities of 
any equipment, and do not involve the addition or modification of 
any plant equipment. Also, the proposed change does not alter the 
design, configuration, or method of operation of the plant. The 
subject monitors remain capable of performing their design 
functions.
    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 amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes remove select effluent monitors from the 
TSs and relocate their requirements to the ODCM and correct a legacy 
error in the Unit 2 TSs, and do not involve the addition or 
modification of any plant equipment. The changes do not modify the 
plant or plant equipment, and do not change the manner in which 
structures, systems or components are design[ed] or evaluated.
    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 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light Company, 700 Universe Boulevard, MS LAW/
JB, Juno Beach, FL 33408-0420.
    Acting NRC Branch Chief: Jeanne A. Dion.

Indiana Michigan Power Company (I&M), Docket Nos. 50-315 and 50-316, 
Donald C. Cook Nuclear Plant, Units 1 and 2, Berrien County, Michigan

    Date of amendment request: October 18, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16294A257.
    Description of amendment request: The proposed changes would revise 
Technical Specification 5.5.14, ``Containment Leakage Rate Testing 
Program,'' to clarify the containment leak rate testing pressure 
criteria.
    Basis for proposed no significant hazards consideration 
determination: 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 of

[[Page 87973]]

occurrence or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes do not involve changes to the installed 
structures, systems or components of the facility. The proposed 
change is consistent with Westinghouse Owners Group Standard 
Technical Specification language for the Containment Leak Rate 
Program.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not introduce a new mode of plant 
operation and does not involve physical modification to the plant. 
The change does not introduce new accident initiators or impact 
assumptions made in the safety analysis. Testing requirements 
continue to demonstrate that the Limiting Conditions for Operation 
are met and the system components are functional.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change does not exceed or alter a design basis or 
safety limit, so there is no significant reduction in the margin of 
safety.
    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.
    Attorney for licensee: Robert B. Haemer, Senior Nuclear Counsel, 
One Cook Place, Bridgman, MI 49106.
    NRC Branch Chief: David J. Wrona.

Pacific Gas and Electric Company, Docket Nos. 50-275 and 50-323, Diablo 
Canyon Nuclear Power Plant, Units 1 and 2 (DCPP), San Luis Obispo 
County, California

    Date of amendment request: October 25, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16315A184.
    Description of amendment request: The proposed amendments would 
revise the Emergency Plan (E-Plan) for DCPP to adopt the Nuclear Energy 
Institute's (NEI's) revised Emergency Action Level (EAL) scheme 
described in NEI 99-01, Revision 6, ``Development of Emergency Action 
Levels for Non-Passive Reactors,'' November 2012 (ADAMS Accession No. 
ML12326A805). NEI-99-01, Revision 6, has been endorsed by the NRC by 
letter dated March 28, 2013 (ADAMS Accession No. ML12346A463). 
Currently approved E-Plan EAL schemes for DCPP are based on the 
guidance established in NEI 99-01, Revision 4, ``Methodology for 
Development of Emergency Action Levels,'' January 2003 (ADAMS Accession 
No. ML030230250), except for security-related EALs, which are based on 
the guidance established in NEI 99-01, Revision 5, ``Methodology for 
Development of Emergency Action Levels,'' February 2008 (ADAMS 
Accession No. ML080450149).
    Basis for proposed no significant hazards consideration 
determination: 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 proposed changes to the Diablo Canyon Power Plant (DCPP) 
emergency action levels (EALs) do not impact the physical function 
of plant structures, systems, or components (SSCs) or the manner in 
which SSCs perform their design function. The proposed changes 
neither adversely affect accident initiators or precursors, nor 
alter design assumptions. The proposed changes do not alter or 
prevent the ability of SSCs to perform their intended function to 
mitigate the consequences of an initiating event within assumed 
acceptance limits. No operating procedures or administrative 
controls that function to prevent or mitigate accidents are affected 
by the proposed changes.
    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 accident from any accident previously evaluated?
    Response: No.
    The proposed changes do not involve a physical alteration of the 
plant (i.e., no new or different type of equipment will be installed 
or removed) or a change in the method of plant operation. The 
proposed changes will not introduce failure modes that could result 
in a new accident, and the change does not alter assumptions made in 
the safety analysis. The proposed changes to the DCPP EALs are not 
initiators of any accidents.
    Therefore, the proposed change does not create the possibility 
of a new or different accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Margin of safety is associated with the ability of the fission 
product barriers (i.e., fuel cladding, reactor coolant system 
pressure boundary, and containment structure) to limit the level of 
radiation dose to the public.
    The proposed changes do not impact operation of the plant or its 
response to transients or accidents. The proposed changes do not 
affect the Technical Specifications or the Operating License. The 
proposed changes do not involve a change in the method of plant 
operation, and no accident analyses will be affected by the proposed 
changes. Additionally, the proposed changes will not relax any 
criteria used to establish safety limits and will not relax any 
safety system settings. The safety analysis acceptance criteria are 
not affected by these changes. The proposed changes will not result 
in plant operation in a configuration outside the design basis. The 
proposed changes do not adversely affect systems that respond to 
safely shut down the plant and to maintain the plant in a safe 
shutdown condition. The E-Plan will continue to activate an 
emergency response commensurate with the extent of degradation of 
plant safety.
    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 requests involve no significant hazards consideration.
    Attorney for licensee: Jennifer Post, Esq., Pacific Gas and 
Electric Company, P.O. Box 7442, San Francisco, California 94120.
    NRC Branch Chief: Robert J. Pascarelli.

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2, Houston 
County, Alabama

    Date of amendment request: October 11, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16285A351.
    Description of amendment request: The amendment would add Technical 
Specification (TS) requirements for unavailable barriers by adding 
Limiting Condition for Operation (LCO) 3.0.9, consistent with NRC-
approved Technical Specification Task Force (TSTF) Improved Standard 
Technical Specifications Change Traveler TSTF-427, Revision 2, 
``Allowance for Non-Technical Specification Barrier Degradation on 
Supported System OPERABILITY.'' The availability of this TS improvement 
was published in the Federal Register on October 3, 2006 (71 FR 58444), 
as part of the consolidated line item improvement process (CLIIP).

[[Page 87974]]

    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration by confirming the applicability of the Farley, Units 1 
and 2, to the model proposed no significant hazards consideration 
published on October 3, 2006, as part of the CLIIP, as referenced 
below:

Criterion 1--The Proposed Change Does Not Involve a Significant 
Increase in the Probability or Consequences of an Accident Previously 
Evaluated

    The proposed change allows a delay time for entering a supported 
system technical specification (TS) when the inoperability is due 
solely to an unavailable barrier if risk is assessed and managed. 
The postulated initiating events which may require a functional 
barrier are limited to those with low frequencies of occurrence, and 
the overall TS system safety function would still be available for 
the majority of anticipated challenges. Therefore, the probability 
of an accident previously evaluated is not significantly increased, 
if at all. The consequences of an accident while relying on the 
allowance provided by proposed LCO 3.0.9 are no different than the 
consequences of an accident while relying on the TS required actions 
in effect without the allowance provided by proposed LCO 3.0.9. 
Therefore, the consequences of an accident previously evaluated are 
not significantly affected by this change. The addition of a 
requirement to assess and manage the risk introduced by this change 
will further minimize possible concerns. Therefore, this change does 
not involve a significant increase in the probability or 
consequences of an accident previously evaluated.

Criterion 2--The Proposed Change Does Not Create the Possibility of a 
New or Different Kind of Accident From any Previously Evaluated

    The proposed change does not involve a physical alteration of 
the plant (no new or different type of equipment will be installed). 
Allowing delay times for entering supported system TS when 
inoperability is due solely to an unavailable barrier, if risk is 
assessed and managed, will not introduce new failure modes or 
effects and will not, in the absence of other unrelated failures, 
lead to an accident whose consequences exceed the consequences of 
accidents previously evaluated. The addition of a requirement to 
assess and manage the risk introduced by this change will further 
minimize possible concerns. Thus, this change does not create the 
possibility of a new or different kind of accident from an accident 
previously evaluated.

Criterion 3--The Proposed Change Does Not Involve a Significant 
Reduction in the Margin of Safety

    The proposed change allows a delay time for entering a supported 
system TS when the inoperability is due solely to an unavailable 
barrier, if risk is assessed and managed. The postulated initiating 
events which may require a functional barrier are limited to those 
with low frequencies of occurrence, and the overall TS system safety 
function would still be available for the majority of anticipated 
challenges. The risk impact of the proposed TS changes was assessed 
following the three-tiered approach recommended in RG [Regulatory 
Guide] 1.177. A bounding risk assessment was performed to justify 
the proposed TS changes. This application of LCO 3.0.9 is predicated 
upon the licensee's performance of a risk assessment and the 
management of plant risk. The net change to the margin of safety is 
insignificant as indicated by the anticipated low levels of 
associated risk (ICCDP [incremental conditional core damage 
probability] and ICLERP [incremental conditional large early release 
probability]) as shown in Table 1 of Section 3.1.1 in the Safety 
Evaluation. Therefore, this 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.
    Attorney for licensee: Jennifer M. Buettner, Associate General 
Counsel, Southern Nuclear Operating Company, 40 Inverness Center 
Parkway, Birmingham, AL 35201.
    NRC Branch Chief: Michael T. Markley.

Wolf Creek Nuclear Operating Corporation (WCNOC), Docket No. 50-482, 
Wolf Creek Generating Station (WCGS), Coffey County, Kansas

    Date of amendment request: September 30, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16279A377.
    Description of amendment request: The amendment would revise the 
emergency action level (EAL) scheme used at WCGS. The currently 
approved EAL scheme is based on Nuclear Management and Resources 
Council/National Environmental Studies Project (NUMARC/NESP)-007, 
Revision 2, ``Methodology for Development of Emergency Action Levels,'' 
January 1992 (ADAMS Accession No. ML041120174). The proposed change 
would allow WCNOC to adopt an EAL scheme which is based on the guidance 
established in Nuclear Energy Institute (NEI) 99-01, Revision 6, 
``Development of Emergency Action levels for Non-Passive Reactors,'' 
November 2012 (ADAMS Accession No. ML12326A805). NEI 99-01, Revision 6 
has been endorsed by the NRC by letter dated March 28, 2013 (ADAMS 
Accession No. ML12346A463).
    Basis for proposed no significant hazards consideration 
determination: 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 proposed changes to the WCGS EALs do not impact the physical 
function of plant structures, systems or components [(SSCs)] or the 
manner in which SSCs perform their design function. The proposed 
changes neither adversely affect accident initiators or precursors, 
nor alter design assumptions. The proposed changes do not alter or 
prevent the ability of SSCs to perform their intended function to 
mitigate the consequences of an initiating event within assumed 
acceptance limits. No operating procedures or administrative 
controls that function to prevent or mitigate accidents are affected 
by the proposed changes.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes do not involve a physical alteration of the 
plant (i.e., no new or different types of equipment will be 
installed or removed) or a change in the method of plant operation. 
The proposed changes will not introduce failure modes that could 
result in a new accident, and the changes do not alter assumptions 
made in the safety analysis. The proposed changes to the WCGS EALs 
are not initiators of any accidents.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Margin of safety is associated with the ability of the fission 
product barriers (i.e., fuel cladding, reactor coolant system 
pressure boundary, and containment structure) to limit the level of 
radiation dose to the public. The proposed changes do not impact 
operation of the plant or its response to transients or accidents. 
The changes do not affect the Technical Specifications or the 
operating license. The proposed changes do not involve a change in 
the method of plant operation, and no accident analyses will be 
affected by the proposed changes. Additionally, the proposed changes 
will not relax any criteria used to establish safety limits and will 
not relax any safety system settings. The safety analysis acceptance 
criteria are not affected by these changes. The proposed changes 
will not result in plant operation in a configuration outside the 
design basis. The proposed changes do not adversely affect systems 
that respond to safely shut down the plant and to maintain

[[Page 87975]]

the plant in a safe shutdown condition. The emergency plan will 
continue to activate an emergency response commensurate with the 
extent of degradation of plant safety.
    [Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.]

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Jay Silberg, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
    NRC Branch Chief: Robert J. Pascarelli.

III. Notice of Issuance of Amendments to Facility Operating Licenses 
and Combined Licenses

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application complies 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended (the Act), and the Commission's rules and regulations. The 
Commission has made appropriate findings as required by the Act and the 
Commission's rules and regulations in 10 CFR Chapter I, which are set 
forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.22(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
applications for amendment, (2) the amendment, and (3) the Commission's 
related letter, Safety Evaluation and/or Environmental Assessment as 
indicated. All of these items can be accessed as described in the 
``Obtaining Information and Submitting Comments'' section of this 
document.

Entergy Nuclear Operations, Inc., Docket Nos. 50-247 and 50-286, Indian 
Point Nuclear Generating Unit Nos. 2 and 3, Westchester County, New 
York

    Date of amendment request: December 10, 2015, as supplemented by 
letters dated March 2, July 7, and October 6, 2016.
    Brief description of amendments: The amendments revised Technical 
Specification (TS) 3.1.3, ``Moderator Temperature Coefficient (MTC),'' 
and TS 5.6.5, ``Core Operating Limits Report (COLR),'' to allow 
exemption from the normally required near end-of-life MTC measurement 
by placing a set of conditions on reactor core operation. If these 
conditions are met, the MTC measurement could be replaced by a 
calculated value.
    Date of issuance: November 15, 2016.
    Effective date: As of the date of issuance, and shall be 
implemented within 30 days.
    Amendment Nos.: Unit 2-285; Unit 3-261. A publicly-available 
version is in ADAMS under Accession No. ML16215A243; documents related 
to these amendments are listed in the Safety Evaluation enclosed with 
the amendments.
    Facility Operating License Nos. DPR-26 and DPR-64: The amendments 
revised the Facility Operating Licenses and the TSs.
    Date of initial notice in Federal Register: April 5, 2016 (81 FR 
19647). The supplemental letters dated March 2, July 7, and October 6, 
2016, provided additional information that clarified the application, 
did not expand the scope of the application as originally noticed, and 
did not change the NRC staff's original proposed no significant hazards 
consideration determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated November 15, 2016.
    No significant hazards consideration comments received: No.

Exelon Generation Company, LLC and PSEG Nuclear LLC, Docket Nos. 50-277 
and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York and 
Lancaster Counties, Pennsylvania

    Date of amendment request: December 3, 2015, as supplemented by 
letters dated June 9, 2016, August 2, 2016, and November 8, 2016.
    Brief description of amendments: The amendments revised the 
technical specification (TS) surveillance requirements associated with 
the emergency diesel generator (EDG) fuel oil transfer system. 
Specifically, the amendments allow for the crediting of manual actions, 
in lieu of automatic actions, without having to declare the EDGs 
inoperable.
    Date of issuance: November 16, 2016.
    Effective date: As of the date of issuance and shall be implemented 
within 120 days of issuance.
    Amendments Nos.: Unit 2-311; Unit 3-315. A publicly-available 
version is in ADAMS under Accession No. ML16292A188; documents related 
to these amendments are listed in the Safety Evaluation enclosed with 
the amendments.
    Renewed Facility Operating License Nos. DPR-44 and DPR-56: The 
amendments revised the Renewed Facility Operating Licenses and TSs.
    Date of initial notice in Federal Register: February 2, 2016 (81 FR 
5498). The supplemental letters dated June 9, 2016, August 2, 2016, and 
November 8, 2016, provided additional information that clarified the 
application, did not expand the scope of the application as originally 
noticed, and did not change the staff's original proposed no 
significant hazards consideration determination as published in the 
Federal Register.
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated November 16, 2016.
    No significant hazards consideration comments received: No.

Southern Nuclear Operating Company, Docket Nos. 50-348 and 50-364, 
Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, Alabama

    Date of amendment request: November 20, 2015, as supplemented by 
letters dated January 12, April 11, and June 30, 2016.
    Brief description of amendments: The amendments revised the 
setpoint requirements in Technical Specification (TS) 3.3.5, ``Loss of 
Power (LOP) Diesel Generator (DG) Start Instrumentation.'' The change 
was requested to fulfill a license condition to eliminate the manual 
actions in lieu of automatic degraded voltage protection to assure 
adequate voltage to safety-related equipment during design-basis 
events.
    Date of issuance: November 17, 2016.
    Effective date: As of the date of issuance and shall be implemented 
within 90 days of issuance.
    Amendment Nos.: Unit 1-206; Unit 2-202. A publicly-available 
version is in ADAMS under Accession No. ML16196A161; documents related 
to

[[Page 87976]]

these amendments are listed in the Safety Evaluation enclosed with the 
amendments.
    Renewed Facility Operating License Nos. NPF-2 and NPF-8: The 
amendments revised the Renewed Facility Operating Licenses and TSs.
    Date of initial notice in Federal Register: February 16, 2016 (81 
FR 7842). The supplemental letters dated April 11, 2016, and June 30, 
2016, provided additional information that clarified the application, 
did not expand the scope of the application as originally noticed, and 
did not change the staff's original proposed no significant hazards 
consideration determination as published in the Federal Register.
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated November 17, 2016.
    No significant hazards consideration comments received: No.

IV. Notice of Issuance of Amendments to Facility Operating Licenses and 
Combined Licenses and Final Determination of No Significant Hazards 
Consideration and Opportunity for a Hearing (Exigent Public 
Announcement or Emergency Circumstances)

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application for the 
amendment complies with the standards and requirements of the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's rules 
and regulations. The Commission has made appropriate findings as 
required by the Act and the Commission's rules and regulations in 10 
CFR Chapter I, which are set forth in the license amendment.
    Because of exigent or emergency circumstances associated with the 
date the amendment was needed, there was not time for the Commission to 
publish, for public comment before issuance, its usual notice of 
consideration of issuance of amendment, proposed no significant hazards 
consideration determination, and opportunity for a hearing.
    For exigent circumstances, the Commission has either issued a 
Federal Register notice providing opportunity for public comment or has 
used local media to provide notice to the public in the area 
surrounding a licensee's facility of the licensee's application and of 
the Commission's proposed determination of no significant hazards 
consideration. The Commission has provided a reasonable opportunity for 
the public to comment, using its best efforts to make available to the 
public means of communication for the public to respond quickly, and in 
the case of telephone comments, the comments have been recorded or 
transcribed as appropriate and the licensee has been informed of the 
public comments.
    In circumstances where failure to act in a timely way would have 
resulted, for example, in derating or shutdown of a nuclear power plant 
or in prevention of either resumption of operation or of increase in 
power output up to the plant's licensed power level, the Commission may 
not have had an opportunity to provide for public comment on its no 
significant hazards consideration determination. In such case, the 
license amendment has been issued without opportunity for comment. If 
there has been some time for public comment but less than 30 days, the 
Commission may provide an opportunity for public comment. If comments 
have been requested, it is so stated. In either event, the State has 
been consulted by telephone whenever possible.
    Under its regulations, the Commission may issue and make an 
amendment immediately effective, notwithstanding the pendency before it 
of a request for a hearing from any person, in advance of the holding 
and completion of any required hearing, where it has determined that no 
significant hazards consideration is involved.
    The Commission has applied the standards of 10 CFR 50.92 and has 
made a final determination that the amendment involves no significant 
hazards consideration. The basis for this determination is contained in 
the documents related to this action. Accordingly, the amendments have 
been issued and made effective as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.12(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
application for amendment, (2) the amendment to Facility Operating 
License or Combined License, as applicable, and (3) the Commission's 
related letter, Safety Evaluation and/or Environmental Assessment, as 
indicated. All of these items can be accessed as described in the 
``Obtaining Information and Submitting Comments'' section of this 
document.

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

    The Commission is also offering an opportunity for a hearing with 
respect to the issuance of the amendment.
    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to the action. Petitions shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested persons should consult a current copy of 10 CFR 
2.309, which is available at the NRC's PDR, located at One White Flint 
North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852. 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 petition is filed within 60 days, 
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 petition; and the Secretary or the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition shall 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 
petition should 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 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner seeks 
to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner shall provide a

[[Page 87977]]

brief explanation of the bases for the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing. The petitioner must also provide references 
to those specific sources and documents of which the petitioner is 
aware and on which the petitioner intends to rely to establish those 
facts or expert opinion to support its position on the issue. The 
petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
proceeding. The contention must be one which, if proven, would entitle 
the petitioner to relief. A petitioner who fails to satisfy these 
requirements with respect to 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 consistent with the NRC's regulations, policies, and 
procedures.
    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) through (iii).
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, 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.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1).
    The petition should state the nature and extent of the petitioner's 
interest in the proceeding. The petition should be submitted to the 
Commission by February 6, 2017. The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

B. 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 (hereinafter 
``petition''), 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, as amended at 77 
FR 46562, August 3, 2012). The E-Filing process requires participants 
to submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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

[[Page 87978]]

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 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 Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing a document in this manner are 
responsible for serving the document on all other participants. Filing 
is considered complete by first-class mail as of the time of deposit in 
the mail, or by courier, express mail, or expedited delivery service 
upon depositing the document with the provider of the service. A 
presiding officer, having granted an exemption request from using E-
Filing, may require a participant or party to use E-Filing if the 
presiding officer subsequently determines that the reason for granting 
the exemption from use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a petition 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.

Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle 
County Station (LSCS), Units 1 and 2, LaSalle County, Illinois

    Date of amendment request: September 30, 2016, as supplemented by 
letter dated November 8, 2016.
    Description of amendment request: The amendments revised the LSCS 
licensing basis related to Alternate Source Term Analysis in the 
Updated Final Safety Analysis Report to allow operation with and 
movement of irradiated Atrium-10 fuel bundles containing part length 
rods that have been in operation above 62,000 megawatt days per metric 
ton of uranium (MWD/MTU), which is the current rod average burnup limit 
specified in Footnote 11 of NRC Regulatory Guide (RG) 1.183, 
``Alternative Radiological Source Terms for Evaluating Design Basis 
Accidents at Nuclear Power Reactors,'' to which LSCS is committed. In 
addition, the change allows use of the release fractions listed in 
Table 1 of RG 1.183 for these Atrium-10 partial length rods that are 
currently in the LSCA, Unit 2, Cycle 16, reactor core for the remainder 
of the current operating cycle.
    Date of issuance: November 18, 2016.
    Effective date: As of the date of issuance and shall be implemented 
within 10 days from the date of issuance.
    Amendment Nos.: Unit 1--221; Unit 2--207. A publicly-available 
version is in ADAMS under Accession No. ML16320A182; documents related 
to these amendments are listed in the Safety Evaluation enclosed with 
the amendments.
    Facility Operating License Nos. NPF-11 and NPF-18: The amendments 
revised the licensing basis related to Alternate Source Term in the 
Updated Final Safety Analysis Report.
    Public comments requested as to proposed no significant hazards 
consideration (NSHC): Yes. Public notice of the proposed amendment was 
published in The Ottawa Times on November 15 and November 16, 2016. The 
notice provided an opportunity to submit comments on the Commission's 
proposed NSHC determination. No comments have been received.
    The Commission's related evaluation of the amendment, finding of 
exigent circumstances, state consultation, and final NSHC determination 
are contained in a safety evaluation dated November 18, 2016.
    Attorney for licensee: Bradley J. Fewell, Associate General 
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    NRC Acting Branch Chief: Edward G. Miller.

    Dated at Rockville, Maryland, this 23rd day of November 2016.

    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2016-28990 Filed 12-5-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  87964                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                   ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
                                                                      UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
                                                     Day                                                                             Event/Activity

                                                  0 ...........   Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions
                                                                     for access requests.
                                                  10 .........    Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: sup-
                                                                     porting the standing of a potential party identified by name and address; describing the need for the information in order for the po-
                                                                     tential party to participate meaningfully in an adjudicatory proceeding.
                                                  60 .........    Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation
                                                                     does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
                                                  20 .........    U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
                                                                     provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party
                                                                     to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff
                                                                     makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions
                                                                     or review of redacted documents).
                                                  25 .........    If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re-
                                                                     verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administra-
                                                                     tive Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the pro-
                                                                     ceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a
                                                                     ruling to reverse the NRC staff’s grant of access.
                                                  30 .........    Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
                                                  40 .........    (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file mo-
                                                                     tion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for
                                                                     SUNSI.
                                                  A ...........   If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sen-
                                                                     sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de-
                                                                     termination by the NRC staff.
                                                  A + 3 ....      Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
                                                  A + 28 ..       Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain
                                                                     between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in
                                                                     the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
                                                  A + 53 ..       (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
                                                  A + 60 ..       (Answer receipt +7) Petitioner/Intervenor reply to answers.
                                                  >A + 60         Decision on contention admission.



                                                  [FR Doc. 2016–28521 Filed 12–5–16; 8:45 am]               consideration, notwithstanding the                      For additional direction on obtaining
                                                  BILLING CODE 7590–01–P                                    pendency before the Commission of a                   information and submitting comments,
                                                                                                            request for a hearing from any person.                see ‘‘Obtaining Information and
                                                                                                               This biweekly notice includes all                  Submitting Comments’’ in the
                                                  NUCLEAR REGULATORY                                        notices of amendments issued, or                      SUPPLEMENTARY INFORMATION section of
                                                  COMMISSION                                                proposed to be issued, from November                  this document.
                                                                                                            8 to November 21, 2016. The last                      FOR FURTHER INFORMATION CONTACT:
                                                  [NRC–2016–0245]                                           biweekly notice was published on                      Janet Burkhardt, Office of Nuclear
                                                                                                            November 22, 2016.                                    Reactor Regulation, U.S. Nuclear
                                                  Biweekly Notice; Applications and
                                                                                                            DATES: Comments must be filed by
                                                                                                                                                                  Regulatory Commission, Washington,
                                                  Amendments to Facility Operating
                                                                                                            January 5, 2017. A request for a hearing              DC 20555–0001; telephone: 301–415–
                                                  Licenses and Combined Licenses
                                                                                                                                                                  1384, email: Janet.Burkhardt@nrc.gov.
                                                  Involving No Significant Hazards                          must be filed by February 6, 2017.
                                                  Considerations                                            ADDRESSES: You may submit comments                    I. Obtaining Information and
                                                                                                            by any of the following methods (unless               Submitting Comments
                                                  AGENCY:  Nuclear Regulatory
                                                  Commission.                                               this document describes a different                   A. Obtaining Information
                                                                                                            method for submitting comments on a
                                                  ACTION: Biweekly notice.                                                                                          Please refer to Docket ID NRC–2016–
                                                                                                            specific subject):
                                                                                                                                                                  0245, facility name, unit number(s),
                                                  SUMMARY:   Pursuant to Section 189a.(2)                      • Federal Rulemaking Web site: Go to               plant docket number, application date,
                                                  of the Atomic Energy Act of 1954, as                      http://www.regulations.gov and search                 and subject when contacting the NRC
                                                  amended (the Act), the U.S. Nuclear                       for Docket ID NRC–2016–0245. Address                  about the availability of information for
                                                  Regulatory Commission (NRC) is                            questions about NRC dockets to Carol                  this action. You may obtain publicly-
                                                  publishing this regular biweekly notice.                  Gallagher; telephone: 301–415–3463;                   available information related to this
                                                  The Act requires the Commission to                        email: Carol.Gallagher@nrc.gov. For                   action by any of the following methods:
                                                  publish notice of any amendments                          technical questions, contact the                        • Federal Rulemaking Web site: Go to
                                                  issued, or proposed to be issued, and                     individual listed in the FOR FURTHER                  http://www.regulations.gov and search
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                                                  grants the Commission the authority to                    INFORMATION CONTACT section of this                   for Docket ID NRC–2016–0245.
                                                  issue and make immediately effective                      document.                                               • NRC’s Agencywide Documents
                                                  any amendment to an operating license                        • Mail comments to: Cindy Bladey,                  Access and Management System
                                                  or combined license, as applicable,                       Office of Administration, Mail Stop:                  (ADAMS): You may obtain publicly-
                                                  upon a determination by the                               OWFN–12–H08, U.S. Nuclear                             available documents online in the
                                                  Commission that such amendment                            Regulatory Commission, Washington,                    ADAMS Public Documents collection at
                                                  involves no significant hazards                           DC 20555–0001.                                        http://www.nrc.gov/reading-rm/


                                             VerDate Sep<11>2014     17:39 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM   06DEN1


                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                            87965

                                                  adams.html. To begin the search, select                 accident previously evaluated; or (3)                 or the Chief Administrative Judge of the
                                                  ‘‘ADAMS Public Documents’’ and then                     involve a significant reduction in a                  Atomic Safety and Licensing Board
                                                  select ‘‘Begin Web-based ADAMS                          margin of safety. The basis for this                  Panel will issue a notice of a hearing or
                                                  Search.’’ For problems with ADAMS,                      proposed determination for each                       an appropriate order.
                                                  please contact the NRC’s Public                         amendment request is shown below.                        As required by 10 CFR 2.309, a
                                                  Document Room (PDR) reference staff at                     The Commission is seeking public                   petition shall set forth with particularity
                                                  1–800–397–4209, 301–415–4737, or by                     comments on this proposed                             the interest of the petitioner in the
                                                  email to pdr.resource@nrc.gov. The                      determination. Any comments received                  proceeding, and how that interest may
                                                  ADAMS accession number for each                         within 30 days after the date of                      be affected by the results of the
                                                  document referenced (if it is available in              publication of this notice will be                    proceeding. The petition should
                                                  ADAMS) is provided the first time that                  considered in making any final                        specifically explain the reasons why
                                                  it is mentioned in this document.                       determination.                                        intervention should be permitted with
                                                     • NRC’s PDR: You may examine and                        Normally, the Commission will not                  particular reference to the following
                                                  purchase copies of public documents at                  issue the amendment until the                         general requirements: (1) The name,
                                                  the NRC’s PDR, Room O1–F21, One                         expiration of 60 days after the date of               address, and telephone number of the
                                                  White Flint North, 11555 Rockville                      publication of this notice. The                       petitioner; (2) the nature of the
                                                  Pike, Rockville, Maryland 20852.                        Commission may issue the license                      petitioner’s right under the Act to be
                                                                                                          amendment before expiration of the 60-                made a party to the proceeding; (3) the
                                                  B. Submitting Comments                                  day period provided that its final                    nature and extent of the petitioner’s
                                                    Please include Docket ID NRC–2016–                    determination is that the amendment                   property, financial, or other interest in
                                                  0245, facility name, unit number(s),                    involves no significant hazards                       the proceeding; and (4) the possible
                                                  plant docket number, application date,                  consideration. In addition, the                       effect of any decision or order which
                                                  and subject in your comment                             Commission may issue the amendment                    may be entered in the proceeding on the
                                                  submission.                                             prior to the expiration of the 30-day                 petitioner’s interest. The petition must
                                                    The NRC cautions you not to include                   comment period if circumstances                       also set forth the specific contentions
                                                  identifying or contact information that                 change during the 30-day comment                      which the petitioner seeks to have
                                                  you do not want to be publicly                          period such that failure to act in a                  litigated at the proceeding.
                                                  disclosed in your comment submission.                   timely way would result, for example in                  Each contention must consist of a
                                                  The NRC posts all comment                               derating or shutdown of the facility. If              specific statement of the issue of law or
                                                  submissions at http://                                  the Commission takes action prior to the              fact to be raised or controverted. In
                                                  www.regulations.gov as well as entering                 expiration of either the comment period               addition, the petitioner shall provide a
                                                  the comment submissions into ADAMS.                     or the notice period, it will publish in              brief explanation of the bases for the
                                                  The NRC does not routinely edit                         the Federal Register a notice of                      contention and a concise statement of
                                                  comment submissions to remove                           issuance. If the Commission makes a                   the alleged facts or expert opinion
                                                  identifying or contact information.                     final no significant hazards                          which support the contention and on
                                                    If you are requesting or aggregating                  consideration determination, any                      which the petitioner intends to rely in
                                                  comments from other persons for                         hearing will take place after issuance.               proving the contention at the hearing.
                                                  submission to the NRC, then you should                  The Commission expects that the need                  The petitioner must also provide
                                                  inform those persons not to include                     to take this action will occur very                   references to those specific sources and
                                                  identifying or contact information that                 infrequently.                                         documents of which the petitioner is
                                                  they do not want to be publicly                                                                               aware and on which the petitioner
                                                                                                          A. Opportunity To Request a Hearing
                                                  disclosed in their comment submission.                                                                        intends to rely to establish those facts or
                                                                                                          and Petition for Leave To Intervene
                                                  Your request should state that the NRC                                                                        expert opinion to support its position on
                                                  does not routinely edit comment                            Within 60 days after the date of                   the issue. The petition must include
                                                  submissions to remove such information                  publication of this notice, any persons               sufficient information to show that a
                                                  before making the comment                               (petitioner) whose interest may be                    genuine dispute exists with the
                                                  submissions available to the public or                  affected by this action may file a request            applicant on a material issue of law or
                                                  entering the comment submissions into                   for a hearing and a petition to intervene             fact. Contentions shall be limited to
                                                  ADAMS.                                                  (petition) with respect to the action.                matters within the scope of the
                                                                                                          Petitions shall be filed in accordance                proceeding. The contention must be one
                                                  II. Notice of Consideration of Issuance                 with the Commission’s ‘‘Agency Rules                  which, if proven, would entitle the
                                                  of Amendments to Facility Operating                     of Practice and Procedure’’ in 10 CFR                 petitioner to relief. A petitioner who
                                                  Licenses and Combined Licenses and                      part 2. Interested persons should                     fails to satisfy these requirements with
                                                  Proposed No Significant Hazards                         consult a current copy of 10 CFR 2.309,               respect to at least one contention will
                                                  Consideration Determination                             which is available at the NRC’s PDR,                  not be permitted to participate as a
                                                     The Commission has made a                            located at One White Flint North, Room                party.
                                                  proposed determination that the                         O1–F21, 11555 Rockville Pike (first                      Those permitted to intervene become
                                                  following amendment requests involve                    floor), Rockville, Maryland 20852. The                parties to the proceeding, subject to any
                                                  no significant hazards consideration.                   NRC’s regulations are accessible                      limitations in the order granting leave to
                                                  Under the Commission’s regulations in                   electronically from the NRC Library on                intervene, and have the opportunity to
                                                  § 50.92 of title 10 of the Code of Federal              the NRC’s Web site at http://                         participate fully in the conduct of the
                                                  Regulations (10 CFR), this means that                   www.nrc.gov/reading-rm/doc-                           hearing with respect to resolution of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  operation of the facility in accordance                 collections/cfr/. If a petition is filed              that person’s admitted contentions
                                                  with the proposed amendment would                       within 60 days, the Commission or a                   consistent with the NRC’s regulations,
                                                  not (1) involve a significant increase in               presiding officer designated by the                   policies, and procedures.
                                                  the probability or consequences of an                   Commission or by the Chief                               Petitions for leave to intervene must
                                                  accident previously evaluated, or (2)                   Administrative Judge of the Atomic                    be filed no later than 60 days from the
                                                  create the possibility of a new or                      Safety and Licensing Board Panel, will                date of publication of this notice.
                                                  different kind of accident from any                     rule on the petition; and the Secretary               Requests for hearing, petitions for leave


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                                                  87966                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  to intervene, and motions for leave to                  issues, but may not otherwise                         on the Web site, but should note that the
                                                  file new or amended contentions that                    participate in the proceeding. A limited              NRC’s E-Filing system does not support
                                                  are filed after the 60-day deadline will                appearance may be made at any session                 unlisted software, and the NRC
                                                  not be entertained absent a                             of the hearing or at any prehearing                   Electronic Filing Help Desk will not be
                                                  determination by the presiding officer                  conference, subject to the limits and                 able to offer assistance in using unlisted
                                                  that the filing demonstrates good cause                 conditions as may be imposed by the                   software.
                                                  by satisfying the three factors in 10 CFR               presiding officer. Details regarding the                 Once a participant has obtained a
                                                  2.309(c)(1)(i) through (iii).                           opportunity to make a limited                         digital ID certificate and a docket has
                                                     If a hearing is requested, and the                   appearance will be provided by the                    been created, the participant can then
                                                  Commission has not made a final                         presiding officer if such sessions are                submit a petition. Submissions should
                                                  determination on the issue of no                        scheduled.                                            be in Portable Document Format (PDF).
                                                  significant hazards consideration, the                                                                        Additional guidance on PDF
                                                  Commission will make a final                            B. Electronic Submissions (E-Filing)                  submissions is available on the NRC’s
                                                  determination on the issue of no                           All documents filed in NRC                         public Web site at http://www.nrc.gov/
                                                  significant hazards consideration. The                  adjudicatory proceedings, including a                 site-help/electronic-sub-ref-mat.html. A
                                                  final determination will serve to decide                request for hearing, a petition for leave             filing is considered complete at the time
                                                  when the hearing is held. If the final                  to intervene, any motion or other                     the documents are submitted through
                                                  determination is that the amendment                     document filed in the proceeding prior                the NRC’s E-Filing system. To be timely,
                                                  request involves no significant hazards                 to the submission of a request for                    an electronic filing must be submitted to
                                                  consideration, the Commission may                       hearing or petition to intervene                      the E-Filing system no later than 11:59
                                                  issue the amendment and make it                         (hereinafter ‘‘petition’’), and documents             p.m. Eastern Time on the due date.
                                                  immediately effective, notwithstanding                  filed by interested governmental entities             Upon receipt of a transmission, the E-
                                                  the request for a hearing. Any hearing                  participating under 10 CFR 2.315(c),                  Filing system time-stamps the document
                                                  held would take place after issuance of                 must be filed in accordance with the                  and sends the submitter an email notice
                                                  the amendment. If the final                             NRC’s E-Filing rule (72 FR 49139;                     confirming receipt of the document. The
                                                  determination is that the amendment                     August 28, 2007, as amended at 77 FR                  E-Filing system also distributes an email
                                                  request involves a significant hazards                  46562, August 3, 2012). The E-Filing                  notice that provides access to the
                                                  consideration, then any hearing held                    process requires participants to submit               document to the NRC’s Office of the
                                                  would take place before the issuance of                 and serve all adjudicatory documents                  General Counsel and any others who
                                                  any amendment unless the Commission                     over the internet, or in some cases to                have advised the Office of the Secretary
                                                  finds an imminent danger to the health                  mail copies on electronic storage media.              that they wish to participate in the
                                                  or safety of the public, in which case it               Participants may not submit paper                     proceeding, so that the filer need not
                                                  will issue an appropriate order or rule                 copies of their filings unless they seek              serve the documents on those
                                                  under 10 CFR part 2.                                    an exemption in accordance with the                   participants separately. Therefore,
                                                     A State, local governmental body,                    procedures described below.                           applicants and other participants (or
                                                  Federally-recognized Indian Tribe, or                      To comply with the procedural                      their counsel or representative) must
                                                  agency thereof, may submit a petition to                requirements of E-Filing, at least 10                 apply for and receive a digital ID
                                                  the Commission to participate as a party                days prior to the filing deadline, the                certificate before a hearing petition to
                                                  under 10 CFR 2.309(h)(1).                               participant should contact the Office of              intervene is filed so that they can obtain
                                                     The petition should state the nature                 the Secretary by email at                             access to the document via the E-Filing
                                                  and extent of the petitioner’s interest in              hearing.docket@nrc.gov, or by telephone               system.
                                                  the proceeding. The petition should be                  at 301–415–1677, to request (1) a digital                A person filing electronically using
                                                  submitted to the Commission by                          identification (ID) certificate, which                the NRC’s adjudicatory E-Filing system
                                                  February 6, 2017. The petition must be                  allows the participant (or its counsel or             may seek assistance by contacting the
                                                  filed in accordance with the filing                     representative) to digitally sign                     NRC Electronic Filing Help Desk
                                                  instructions in the ‘‘Electronic                        documents and access the E-Submittal                  through the ‘‘Contact Us’’ link located
                                                  Submissions (E-Filing)’’ section of this                server for any proceeding in which it is              on the NRC’s public Web site at http://
                                                  document, and should meet the                           participating; and (2) advise the                     www.nrc.gov/site-help/e-
                                                  requirements for petitions set forth in                 Secretary that the participant will be                submittals.html, by email to
                                                  this section, except that under 10 CFR                  submitting a petition (even in instances              MSHD.Resource@nrc.gov, or by a toll-
                                                  2.309(h)(2) a State, local governmental                 in which the participant, or its counsel              free call at 1–866–672–7640. The NRC
                                                  body, or Federally-recognized Indian                    or representative, already holds an NRC-              Electronic Filing Help Desk is available
                                                  Tribe, or agency thereof does not need                  issued digital ID certificate). Based upon            between 9 a.m. and 7 p.m., Eastern
                                                  to address the standing requirements in                 this information, the Secretary will                  Time, Monday through Friday,
                                                  10 CFR 2.309(d) if the facility is located              establish an electronic docket for the                excluding government holidays.
                                                  within its boundaries. A State, local                   hearing in this proceeding if the                        Participants who believe that they
                                                  governmental body, Federally-                           Secretary has not already established an              have a good cause for not submitting
                                                  recognized Indian Tribe, or agency                      electronic docket.                                    documents electronically must file an
                                                  thereof may also have the opportunity to                   Information about applying for a                   exemption request, in accordance with
                                                  participate under 10 CFR 2.315(c).                      digital ID certificate is available on the            10 CFR 2.302(g), with their initial paper
                                                     If a hearing is granted, any person                  NRC’s public Web site at http://                      filing stating why there is good cause for
                                                  who does not wish, or is not qualified,                 www.nrc.gov/site-help/e-submittals/                   not filing electronically and requesting
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                                                  to become a party to the proceeding                     getting-started.html. System                          authorization to continue to submit
                                                  may, in the discretion of the presiding                 requirements for accessing the E-                     documents in paper format. Such filings
                                                  officer, be permitted to make a limited                 Submittal server are available on the                 must be submitted by: (1) First class
                                                  appearance pursuant to the provisions                   NRC’s public Web site at http://                      mail addressed to the Office of the
                                                  of 10 CFR 2.315(a). A person making a                   www.nrc.gov/site-help/e-submittals/                   Secretary of the Commission, U.S.
                                                  limited appearance may make an oral or                  adjudicatory-sub.html. Participants may               Nuclear Regulatory Commission,
                                                  written statement of position on the                    attempt to use other software not listed              Washington, DC 20555–0001, Attention:


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                               87967

                                                  Rulemaking and Adjudications Staff; or                  Duke Energy Progress, Inc., Docket Nos.               allowances in OMN–20 will not significantly
                                                  (2) courier, express mail, or expedited                 50–325 and 50–324, Brunswick Steam                    affect the reliability of the tested
                                                  delivery service to the Office of the                   Electric Plant, Units 1 and 2, Brunswick              components. As a result, the availability of
                                                                                                                                                                the affected components, as well as their
                                                  Secretary, 11555 Rockville Pike,                        County, North Carolina                                ability to mitigate the consequences of
                                                  Rockville, Maryland, 20852, Attention:                     Date of amendment request: August                  accidents previously evaluated, is not
                                                  Rulemaking and Adjudications Staff.                     29, 2016. A publicly-available version is             affected.
                                                  Participants filing a document in this                  in ADAMS under Accession No.                             Therefore, the proposed change does not
                                                  manner are responsible for serving the                  ML16252A220.                                          involve a significant increase in the
                                                  document on all other participants.                                                                           probability or consequences of an accident
                                                                                                             Description of amendment request:
                                                                                                                                                                previously evaluated.
                                                  Filing is considered complete by first-                 The amendments would revise the                          2. Does the proposed amendment create
                                                  class mail as of the time of deposit in                 Technical Specifications (TSs) to                     the possibility of a new or different kind of
                                                  the mail, or by courier, express mail, or               eliminate Section 5.5, ‘‘lnservice Testing            accident from any accident previously
                                                  expedited delivery service upon                         Program.’’ A new defined term,                        evaluated?
                                                  depositing the document with the                        ‘‘lnservice Testing Program,’’ is added to               Response: No.
                                                  provider of the service. A presiding                    the TS Definitions section. This request                 The proposed change does not alter the
                                                  officer, having granted an exemption                    is consistent with Technical                          design or configuration of the plant. The
                                                                                                                                                                proposed change does not involve a physical
                                                  request from using E-Filing, may require                Specification Task Force Traveler
                                                                                                                                                                alteration of the plant; no new or different
                                                  a participant or party to use E-Filing if               TSTF–545, Revision 3, ‘‘TS lnservice                  kind of equipment will be installed. The
                                                  the presiding officer subsequently                      Testing Program Removal & Clarify SR                  proposed change does not alter the types of
                                                  determines that the reason for granting                 [Surveillance Requirement] Usage Rule                 inservice testing performed. In most cases,
                                                  the exemption from use of E-Filing no                   Application to Section 5.5 Testing’’                  the frequency of inservice testing is
                                                  longer exists.                                          (ADAMS Accession No. ML15314A305).                    unchanged. However, the frequency of
                                                                                                             Basis for proposed no significant                  testing would not result in a new or different
                                                     Documents submitted in adjudicatory                  hazards consideration determination:                  kind of accident from any previously
                                                  proceedings will appear in the NRC’s                    As required by 10 CFR 50.91(a), the                   evaluated since the testing methods are not
                                                  electronic hearing docket which is                      licensee has provided its analysis of the             altered.
                                                  available to the public at http://                                                                               Therefore, the proposed change does not
                                                                                                          issue of no significant hazards                       create the possibility of a new or different
                                                  ehd1.nrc.gov/ehd/, unless excluded                      consideration, which is presented                     kind of accident from any previously
                                                  pursuant to an order of the Commission,                 below:                                                evaluated.
                                                  or the presiding officer. Participants are                                                                       3. Does the proposed amendment involve
                                                                                                             1. Does the proposed amendment involve
                                                  requested not to include personal                                                                             a significant reduction in a margin of safety?
                                                                                                          a significant increase in the probability or
                                                  privacy information, such as Social                     consequences of an accident previously                   Response: No.
                                                  Security numbers, home addresses, or                    evaluated?                                               The proposed change eliminates some
                                                  home phone numbers in their filings,                       Response: No.                                      requirements from the TS in lieu of
                                                  unless an NRC regulation or other law                      The proposed change revises TS Chapter 5,          requirements in the ASME Code, as modified
                                                                                                          ‘‘Administrative Controls,’’ Section 5.5,             by use of Code Case OMN–20. Compliance
                                                  requires submission of such                                                                                   with the ASME Code is required by 10 CFR
                                                  information. However, in some                           ‘‘Programs and Manuals,’’ by eliminating the
                                                                                                          ‘‘Inservice Testing Program’’ specification.          50.55a. The proposed change also allows
                                                  instances, a petition will require                                                                            inservice tests with frequencies greater than
                                                                                                          Most requirements in the Inservice Testing
                                                  including information on local                          Program are removed, as they are duplicative          2 years to be extended by 6 months to
                                                  residence in order to demonstrate a                     of requirements in the ASME [American                 facilitate test scheduling and consideration of
                                                  proximity assertion of interest in the                  Society of Mechanical Engineers] OM                   plant operating conditions that may not be
                                                  proceeding. With respect to copyrighted                 [Operations and Maintenance] Code, as                 suitable for performance of the required
                                                                                                          clarified by Code Case OMN–20, ‘‘Inservice            testing. The testing frequency extension will
                                                  works, except for limited excerpts that                                                                       not affect the ability of the components to
                                                  serve the purpose of the adjudicatory                   Test Frequency.’’ The remaining
                                                                                                                                                                respond to an accident as the components are
                                                  filings and would constitute a Fair Use                 requirements in the Section 5.5 IST
                                                                                                                                                                required to be operable during the testing
                                                                                                          [Inservice Testing] Program are eliminated
                                                  application, participants are requested                 because the NRC has determined their
                                                                                                                                                                period extension. The proposed change will
                                                  not to include copyrighted materials in                                                                       eliminate the existing TS SR 3.0.3 allowance
                                                                                                          inclusion in the TS is contrary to regulations.
                                                  their submission.                                                                                             to defer performance of missed inservice tests
                                                                                                          A new defined term, ‘‘Inservice Testing
                                                                                                                                                                up to the duration of the specified testing
                                                     The Commission will issue a notice or                Program,’’ is added to the TS, which
                                                                                                                                                                frequency, and instead will require an
                                                  order granting or denying a hearing                     references the requirements of 10 CFR
                                                                                                                                                                assessment of the missed test on equipment
                                                                                                          50.55a(f).
                                                  request or intervention petition,                          Performance of inservice testing is not an
                                                                                                                                                                operability. This assessment will consider
                                                  designating the issues for any hearing                                                                        the effect on margin of safety (equipment
                                                                                                          initiator to any accident previously                  operability). Should the component be
                                                  that will be held and designating the                   evaluated. As a result, the probability of            inoperable, the Technical Specifications
                                                  Presiding Officer. A notice granting a                  occurrence of an accident is not significantly        provide actions to ensure that the margin of
                                                  hearing will be published in the Federal                affected by the proposed change. Inservice            safety is protected. The proposed change also
                                                  Register and served on the parties to the               test frequencies under Code Case OMN–20               eliminates a statement that nothing in the
                                                  hearing.                                                are equivalent to the current testing period          ASME Code should be construed to
                                                                                                          allowed by the TS with the exception that             supersede the requirements of any TS. The
                                                     For further details with respect to                  testing frequencies greater than 2 years may          NRC has determined that statement to be
                                                  these license amendment applications,                   be extended by up to 6 months to facilitate           incorrect. However, elimination of the
                                                  see the application for amendment                       test scheduling and consideration of plant
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                                                                                                                                                                statement will have no effect on plant
                                                  which is available for public inspection                operating conditions that may not be suitable         operation or safety.
                                                  in ADAMS and at the NRC’s PDR. For                      for performance of the required testing. The             Therefore, the proposed change does not
                                                                                                          testing frequency extension will not affect the       involve a significant reduction in a margin of
                                                  additional direction on accessing
                                                                                                          ability of the components to mitigate any             safety.
                                                  information related to this document,                   accident previously evaluated as the
                                                  see the ‘‘Obtaining Information and                     components are required to be operable                   The NRC staff has reviewed the
                                                  Submitting Comments’’ section of this                   during the testing period extension.                  licensee’s analysis and, based on this
                                                  document.                                               Performance of inservice tests utilizing the          review, it appears that the three


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                                                  87968                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  standards of 10 CFR 50.92(c) are                        Plants.’’ They provide an integrated                     The NRC staff has reviewed the
                                                  satisfied. Therefore, the NRC staff                     discussion of deterministic and probabilistic         licensee’s analysis and, based on this
                                                  proposes to determine that the                          issues, focusing on specific TSs, which are           review, it appears that the three
                                                                                                          used to support the proposed TS end state
                                                  amendment request involves no                                                                                 standards of 10 CFR 50.92(c) are
                                                                                                          and associated restrictions. The NRC staff
                                                  significant hazards consideration.                      finds that the risk insights support the              satisfied. Therefore, the NRC staff
                                                    Attorney for licensee: Kathryn B.                     conclusions of the specific TS assessments.           proposes to determine that the
                                                  Nolan, Deputy General Counsel, 550                      Therefore, the probability of an accident             amendment request involves no
                                                  South Tryon Street, M/C DEC45A,                         previously evaluated is not significantly             significant hazards consideration.
                                                  Charlotte, NC 28202.                                    increased, if at all. The consequences of an             Attorney for licensee: Kathryn B.
                                                    Acting NRC Branch Chief: Jeanne A.                    accident after adopting TSTF–423 are no               Nolan, Deputy General Counsel, 550
                                                  Dion.                                                   different than the consequences of an                 South Tryon Street, M/C DEC45A,
                                                                                                          accident prior to adopting TSTF–423.                  Charlotte, NC 28202.
                                                  Duke Energy Progress, Inc., Docket Nos.                 Therefore, the consequences of an accident               Acting NRC Branch Chief: Jeanne A.
                                                  50–325 and 50–324, Brunswick Steam                      previously evaluated are not significantly
                                                                                                          affected by this change. The addition of a
                                                                                                                                                                Dion.
                                                  Electric Plant, Units 1 and 2, Brunswick
                                                  County, North Carolina                                  requirement to assess and manage the risk             Energy Northwest, Docket No. 50–397,
                                                                                                          introduced by this change will further                Columbia Generating Station, Benton
                                                     Date of amendment request:                           minimize possible concerns.
                                                                                                                                                                County, Washington
                                                  September 28, 2016. A publicly-                            Therefore, the proposed change does not
                                                  available version is in ADAMS under                     involve a significant increase in the                    Date of amendment request: August
                                                  Accession No. ML16287A415.                              probability or consequences of an accident            30, 2016. A publicly-available version is
                                                     Description of amendment request:                    previously evaluated.                                 in ADAMS under Accession No.
                                                                                                             2. Does the proposed amendment create              ML16245A273.
                                                  The amendments would revise the
                                                                                                          the possibility of a new or different kind of            Description of amendment request:
                                                  Technical Specifications (TSs) to be                    accident from any accident previously
                                                  consistent with Technical Specification                                                                       The amendment would reclassify
                                                                                                          evaluated?
                                                  Task Force Traveler TSTF–423,                              Response: No.
                                                                                                                                                                reactor water cleanup (RWCU) piping,
                                                  Revision 1, to allow, for some systems,                    The proposed change does not involve a             valves, pumps and mechanical modules
                                                  entry into hot shutdown rather than                     physical alteration of the plant (i.e., no new        located outside of primary and
                                                  cold shutdown to repair equipment, if                   or different type of equipment will be                secondary containment in the radwaste
                                                  risk is assessed and managed consistent                 installed). If risk is assessed and managed,          building from Quality Group C to
                                                  with the program in place for complying                 allowing a change to certain required end             Quality Group D.
                                                                                                          states when the TS Completion Times for                  Basis for proposed no significant
                                                  with the requirements of 10 CFR
                                                                                                          remaining in power operation are exceeded             hazards consideration determination:
                                                  50.65(a)(4). Changes proposed in TSTF–                  (i.e., entry into hot shutdown rather than
                                                  423 will be made to the Units’ TSs for                                                                        As required by 10 CFR 50.91(a), the
                                                                                                          cold shutdown to repair equipment) will not           licensee has provided its analysis of the
                                                  selected Required Action end states.                    introduce new failure modes or effects and
                                                     Basis for proposed no significant                    will not, in the absence of other unrelated
                                                                                                                                                                issue of no significant hazards
                                                  hazards consideration determination:                    failures, lead to an accident whose                   consideration, which is presented
                                                  As required by 10 CFR 50.91(a), the                     consequences exceed the consequences of               below:
                                                  licensee has provided its analysis of the               accidents previously evaluated. The addition             1. Does the proposed amendment involve
                                                  issue of no significant hazards                         of a requirement to assess and manage the             a significant increase in the probability or
                                                                                                          risk introduced by this change and the                consequences of an accident previously
                                                  consideration, which is presented
                                                                                                          commitment by the licensee to adhere to the           evaluated?
                                                  below:                                                  guidance in TSTF–IG–05–02,                               Response: No.
                                                     1. Does the proposed amendment involve               ‘‘Implementation Guidance for TSTF–423,                  The proposed amendment does not result
                                                  a significant increase in the probability or            Revision 1, ‘Technical Specifications End             in a significant increase in the probability of
                                                  consequences of an accident previously                  States, NEDC–32988–A,’’’ will further                 an accident because Quality Group D
                                                  evaluated?                                              minimize possible concerns.                           standards are considered appropriate for
                                                     Response: No.                                           Thus, based on the above, this change does         water containing components which are not
                                                     The proposed change allows a change to               not create the possibility of a new or different      part of the reactor coolant pressure boundary
                                                  certain required end states when the TS                 kind of accident from an accident previously          but may contain radioactive materials. The
                                                  Completion Times for remaining in power                 evaluated.                                            probability of a line break is not increased
                                                  operation will be exceeded. Most of the                    3. Does the proposed amendment involve             since the materials, design, and fabrication of
                                                  requested TS changes are to permit an end               a significant reduction in a margin of safety?        Quality Group C components is comparable
                                                  state of hot shutdown (Mode 3) rather than                 Response: No.                                      to Quality Group D components. Differences
                                                  an end state of cold shutdown (Mode 4)                     The proposed change allows, for some               between the two quality groups are limited
                                                  contained in the current TS. The request was            systems, entry into hot shutdown rather than          primarily to quality assurance requirements.
                                                  limited to: (1) those end states where entry            cold shutdown to repair equipment, if risk is         The use of Quality Group D components for
                                                  into the shutdown mode is for a short                   assessed and managed. The BWROG’s [BWR                portions of RWCU located in the radwaste
                                                  interval, (2) entry is initiated by inoperability       Owner Group’s] risk assessment approach is            building provides an adequate level of
                                                  of a single train of equipment or a restriction         comprehensive and follows NRC staff                   quality, commensurate with the importance
                                                  on a plant operational parameter, unless                guidance as documented in Regulatory                  of the functions to be performed by that
                                                  otherwise stated in the applicable TS, and (3)          Guides (RG) 1.174 and 1.177. In addition, the         portion of the system, and ensures that the
                                                  the primary purpose is to correct the                   analyses show that the criteria of the three-         facility can be operated without undue risk
                                                  initiating condition and return to power                tiered approach for allowing TS changes are           to the health and safety of the public.
                                                  operation as soon as is practical. Risk                 met. The risk impact of the proposed TS                  All safety related equipment required to
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                                                  insights from both the qualitative and                  changes was assessed following the three-             mitigate accidents is either significantly
                                                  quantitative risk assessments were used in              tiered approach recommended in RG 1.177.              remote from, or separated by protective
                                                  specific TS assessments. Such assessments               A risk assessment was performed to justify            barriers from the reclassified portions of the
                                                  are documented in Section 6 of topical report           the proposed TS changes. The net change to            system. The consequences of breaks
                                                  NEDC–32988–A, Revision 2, ‘‘Technical                   the margin of safety is insignificant.                considered in the portion of the RWCU
                                                  Justification to Support Risk-Informed                     Therefore, the proposed change does not            system affected by this activity are calculated
                                                  Modification to Selected Required Action                involve a significant reduction in a margin of        to not exceed regulatory limits for dose to
                                                  End States for BWR [Boiling-Water Reactor]              safety.                                               control room personnel or the public.



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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                               87969

                                                  Calculated results are not significantly                Safety Analysis Report (UFSAR) would                  change being proposed (i.e., the use of the
                                                  different than those reported for the existing          be revised to identify the TORMIS                     TORMIS methodology for assessing tornado-
                                                  instrument line break analysis in [the Final            Computer Code as the methodology                      generated missile protection of unprotected
                                                  Safety Analysis Report (FSAR)] Chapter 15.                                                                    plant SSCs), does not affect the probability of
                                                                                                          used for assessing tornado-generated                  a tornado strike on the site; however, from a
                                                     [Therefore, the proposed change does not
                                                  involve a significant increase in the                   missile protection of unprotected plant               licensing basis perspective, the proposed
                                                  probability or consequences of an accident              structures, systems, and components                   change does affect the probability that
                                                  previously evaluated.]                                  (SSCs) and to describe the results of the             missiles generated by a tornado will strike
                                                     2. Does the proposed amendment create                Byron Station site-specific tornado                   and damage certain safety-significant plant
                                                  the possibility of a new or different kind of           hazard analysis.                                      SSCs. There are a defined number of safety-
                                                  accident from any accident previously                      Basis for proposed no significant                  significant components that could
                                                  evaluated?                                              hazards consideration determination:                  theoretically be struck and damaged by
                                                     Response: No.                                        As required by 10 CFR 50.91(a), the                   tornado-generated missiles. The probability
                                                     A postulated failure in the RWCU system                                                                    of tornado-generated missile hits on these
                                                  piping would result in a high-energy line
                                                                                                          licensee has provided its analysis of the             ‘‘important’’ systems and components is
                                                  break (HELB) accident. High energy line                 issue of no significant hazards                       calculated using the TORMIS probabilistic
                                                  breaks are already postulated and analyzed at           consideration, which is presented                     methodology. The combined probability of
                                                  various locations for portions of the RWCU              below:                                                damage for unprotected safety-significant
                                                  system located in the reactor building. The                1. Does the proposed change involve a              equipment will be maintained below the
                                                  existing instrument line break analysis was             significant increase in the probability or            acceptance criterion of 1.0E–06 per year per
                                                  determined to bound a postulated worst case             consequences of an accident previously                unit to ensure adequate equipment remains
                                                  RWCU HELB. Since the offsite and onsite                 evaluated?                                            available to safely shutdown the reactors, and
                                                  consequences of a postulated break in the                  Response: No.                                      maintain overall plant safety, should a
                                                  reclassified portion of the RWCU is bounded                The NRC TORMIS Safety Evaluation                   tornado strike occur. Consequently, the
                                                  by the existing instrument line break                   Report states the following:                          proposed change does not constitute a
                                                  analyses, a new or different accident has not              ‘‘The current Licensing criteria governing         significant increase in the probability of
                                                  been created.                                           tornado missile protection are contained in           occurrence or the consequences of an
                                                     [Therefore, the proposed change does not             [NUREG–0800] Standard Review Plan (SRP)               accident based on the extremely low
                                                  create the possibility of a new or different            Section 3.5.1.4, [Missiles Generated by               probability of damage caused by tornado-
                                                  kind of accident from any accident                      Natural Phenomena] and 3.5.2 [Structures,             generated missiles and the commensurate
                                                  previously evaluated.]                                  Systems and Components to be Protected                extremely low probability of a radiological
                                                     3. Does the proposed amendment involve               from Externally Generated Missiles]. These            release.
                                                  a significant reduction in a margin of safety?          criteria generally specify that safety-related           Finally, the use of the TORMIS
                                                     Response: No.                                        systems be provided positive tornado missile          methodology will have no impact on
                                                     The proposed amendment does not involve              protection (barriers) from the maximum                accident initiators or precursors; does not
                                                  a significant reduction in a margin of safety.          credible tornado threat. However, SRP                 alter the accident analysis assumptions or the
                                                  As noted in the technical and regulatory                Section 3.5.1.4 includes acceptance criteria          manner in which the plant is operated or
                                                  evaluation above, the reclassified portions of          permitting relaxation of the above                    maintained; and does not affect the
                                                  the system perform no active safety functions           deterministic guidance, if it can be                  probability of operator error.
                                                  and will not result in radiological safety              demonstrated that the probability of damage              Based on the above discussion, the
                                                  impact beyond that already assumed within               to unprotected essential safety-related               proposed change does not involve a
                                                  the existing plant safety analyses.                     features is sufficiently small.’’                     significant increase in the probability or
                                                     [Therefore, the proposed change does not                As permitted by these SRP sections, the            consequences of an accident previously
                                                  involve a significant reduction in a margin of          combined probability will be maintained               evaluated.
                                                  safety.]                                                below an allowable level, i.e., an acceptance            2. Does the proposed change create the
                                                                                                          criterion threshold, which reflects an                possibility of a new or different kind of
                                                     The NRC staff has reviewed the
                                                                                                          extremely low probability of occurrence. SRP          accident from any accident previously
                                                  licensee’s analysis and, based on this                                                                        evaluated?
                                                  review, it appears that the three                       Section 2.2.3, ‘‘Evaluation of Potential
                                                                                                          Accidents,’’ established this threshold as               Response: No.
                                                  standards of 10 CFR 50.92(c) are                        approximately 1.0E–06 per year if, when                  The impact of a tornado strike on the
                                                  satisfied. Therefore, the NRC staff                     combined with reasonable qualitative                  Byron Station site is a licensing basis event
                                                  proposes to determine that the                          arguments, the realistic probability can be           that is explicitly addressed in the UFSAR.
                                                  amendment request involves no                           shown to be lower. The Byron Station                  The proposed change simply involves
                                                  significant hazards consideration.                      analysis approach assumes that if the sum of          recognition of the acceptability of using an
                                                     Attorney for licensee: William A.                    the individual probabilities calculated for           analysis tool (i.e., the TORMIS methodology)
                                                  Horin, Esq., Winston & Strawn, 1700 K                   tornado missiles striking and damaging                to perform probabilistic tornado missile
                                                                                                          portions of safety-significant SSCs is greater        damage calculations in accordance with
                                                  Street NW., Washington, DC 20006–                                                                             approved regulatory guidance. The proposed
                                                  3817.                                                   than or equal to 1.0E–06 per year per unit,
                                                                                                          then installation of tornado missile                  change does not result in the creation of any
                                                     NRC Branch Chief: Robert J.                                                                                new accident precursors; does not result in
                                                                                                          protection barriers would be required for
                                                  Pascarelli.                                             certain components to lower the total                 changes to any existing accident scenarios;
                                                  Exelon Generation Company, LLC,                         cumulative damage probability below the               and does not introduce any operational
                                                                                                          acceptance criterion of 1.0E–06 per year per          changes or mechanisms that would create the
                                                  Docket Nos. STN 50–454 and STN 50–                                                                            possibility of a new or different kind of
                                                                                                          unit. Conversely, if the total cumulative
                                                  455, Byron Station, Unit Nos. 1 and 2,                  damage probability remains below the                  accident.
                                                  Ogle County, Illinois                                   acceptance criterion of 1.0E–06 per year per             Therefore, the proposed change will not
                                                     Date of amendment request: October                   unit, no additional tornado missile protection        create the possibility of a new or different
                                                  7, 2016. A publicly-available version is                barriers would be required for any of the             kind of accident than those previously
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                                                                                                          unprotected safety-significant components.            evaluated.
                                                  in ADAMS under Accession No.
                                                                                                             With respect to the probability of                    3. Does the proposed change involve a
                                                  ML16281A174.                                                                                                  significant reduction in a margin of safety?
                                                                                                          occurrence or the consequences of an
                                                     Description of amendment request:                    accident previously evaluated in the UFSAR,              Response: No.
                                                  The amendments would revise the                         the possibility of a tornado impacting the               The existing Byron Station licensing basis
                                                  Byron Station licensing basis for                       Byron Station site and causing damage to              regarding tornado missile protection of
                                                  protection from tornado-generated                       plant SSCs is a licensing basis event                 safety-significant SSCs assumes that missile
                                                  missiles. Specifically, the Updated Final               currently addressed in the UFSAR. The                 protection barriers are provided for safety-



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                                                  87970                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  significant SSCs; or the unprotected                    (SSCs). The proposed changes do not involve              The NRC staff has reviewed the
                                                  component is assumed to be unavailable                  the modification of any plant equipment or            licensee’s analysis and, based on this
                                                  post-tornado. The results of the Byron Station          affect plant operation. The proposed changes          review, it appears that the three
                                                  TORMIS analysis have demonstrated that                  do not affect accident initiators or precursors,
                                                  there is an extremely low probability, below            nor do the proposed changes alter design
                                                                                                                                                                standards of 10 CFR 50.92(c) are
                                                  an established regulatory acceptance limit,             assumptions. The proposed changes do not              satisfied. Therefore, the NRC staff
                                                  that these ‘‘important’’ SSCs could be struck           prevent the ability of the on-shift staff and         proposes to determine that the
                                                  and subsequently damaged by tornado-                    ERO to perform their intended functions to            amendment request involves no
                                                  generated missiles. The change in licensing             mitigate the consequences of any accident or          significant hazards consideration.
                                                  basis from protecting safety-significant SSCs           event that will be credible in the                       Attorney for licensee: Tamra Domeyer,
                                                  from tornado missiles, to demonstrating that            permanently defueled condition. The                   Associate General Counsel, Exelon
                                                  there is an extremely low probability that              proposed changes only remove positions and            Nuclear, 4300 Winfield Road,
                                                  safety-significant SSCs will be struck and              remove certain EALs that will no longer be
                                                                                                          needed or credited in the Emergency Plan in
                                                                                                                                                                Warrenville, IL 60555.
                                                  damaged by tornado-generated missiles, does
                                                                                                          the permanently defueled condition.                      Acting NRC Branch Chief: G. Edward
                                                  not constitute a significant decrease in the
                                                  margin of safety.                                          Therefore, the proposed changes do not             Miller.
                                                     Therefore, the proposed change to use the            involve a significant increase in the                 Exelon Generation Company, LLC,
                                                  TORMIS methodology does not involve a                   probability or consequences of an accident
                                                                                                          previously evaluated.                                 Docket Nos. 50–254 and 50–265, Quad
                                                  significant reduction in the margin of safety.
                                                                                                             2. Does the proposed amendment create              Cities Nuclear Power Station (QCNPS),
                                                     The NRC staff has reviewed the                       the possibility of a new or different kind of         Units 1 and 2, Rock Island County,
                                                  licensee’s analysis and, based on this                  accident from any accident previously                 Illinois
                                                  review, it appears that the three                       evaluated?
                                                                                                                                                                   Date of amendment request: October
                                                  standards of 10 CFR 50.92(c) are                           Response: No.
                                                                                                             The proposed changes reduce the number             20, 2016. A publicly-available version is
                                                  satisfied. Therefore, the NRC staff
                                                                                                          of on-shift and ERO positions commensurate            in ADAMS under Accession No.
                                                  proposes to determine that the
                                                                                                          with the hazards associated with a                    ML16294A203.
                                                  requested amendments involve no                                                                                  Description of amendment request:
                                                                                                          permanently shutdown and defueled facility.
                                                  significant hazards consideration.                      The proposed changes also remove EALs                 The proposed amendment request
                                                     Attorney for licensee: Tamra Domeyer,                which are no longer applicable to CPS in a            supports the deletion, modification, and
                                                  Associate General Counsel, Exelon                       permanently defueled condition. The                   addition to the organization, staffing,
                                                  Nuclear, 4300 Winfield Road,                            proposed changes do not involve installation
                                                                                                                                                                and training requirements contained in
                                                  Warrenville, IL 60555.                                  of new equipment or modification of existing
                                                                                                          equipment, so that no new equipment failure           Sections 1.0 and 5.0 of the Technical
                                                     Acting NRC Branch Chief: G. Edward
                                                                                                          modes are introduced. Also, the proposed              Specifications (TSs) after the license no
                                                  Miller.
                                                                                                          changes do not result in a change to the way          longer authorizes operation of the
                                                  Exelon Generation Company, LLC,                         that the equipment or facility is operated so         reactor or placement or retention of fuel
                                                  Docket No. 50–461, Clinton Power                        that no new accident initiators are created.          in the reactor pressure vessel. This
                                                  Station (CPS), Unit 1, DeWitt County,                      Therefore, the proposed changes do not             proposed amendment also supports
                                                  Illinois                                                create the possibility of a new or different          implementation of the Certified Fuel
                                                                                                          kind of accident from any previously
                                                     Date of amendment request: August                                                                          Handler training program.
                                                                                                          evaluated.
                                                  11, 2016. A publicly-available version is                  3. Does the proposed amendment involve
                                                                                                                                                                   Basis for proposed no significant
                                                  in ADAMS under Accession No.                            a significant reduction in a margin of safety?        hazards consideration determination:
                                                  ML16229A278.                                               Response: No.                                      As required by 10 CFR 50.91(a), the
                                                     Description of amendment request:                       Margin of safety is associated with                licensee has provided its analysis of the
                                                  The proposed change would eliminate                     confidence in the ability of the fission              issue of no significant hazards
                                                  the on-shift positions not needed for                   product barriers (i.e., fuel cladding, reactor        consideration, which is presented
                                                                                                          coolant system pressure boundary, and                 below:
                                                  storage of the spent fuel in the spent                  containment structure) to limit the level of
                                                  fuel pool during the initial                            radiation dose to the public. The proposed               1. Does the proposed amendment involve
                                                  decommissioning period and the                          changes do not adversely affect existing plant        a significant increase in the probability or
                                                  emergency response organization (ERO)                   safety margins or the reliability of the              consequences of an accident previously
                                                  positions not needed to respond to                      equipment assumed to operate in the safety            evaluated?
                                                  credible events. Additionally the                       analyses. There are no changes being made                Response: No.
                                                                                                          to safety analysis assumptions, safety limits,           The proposed changes would not take
                                                  licensee is proposing to revise the                                                                           effect until QCNPS has permanently ceased
                                                  emergency action levels (EALs) to                       or limiting safety system settings that would
                                                                                                          adversely affect plant safety as a result of the      operation and entered a permanently
                                                  reflect those conditions applicable when                proposed changes. The proposed changes are            defueled condition. The proposed changes
                                                  the unit is in a permanently defueled                   associated with the Emergency Plan and                would revise the QCNPS TS by deleting or
                                                  condition.                                              staffing and EAL schemes and do not impact            modifying certain portions of the TS
                                                     Basis for proposed no significant                    operation of the plant or its response to             administrative controls described in Section
                                                  hazards consideration determination:                    transients or accidents.                              5.0 of the TS that are no longer applicable to
                                                  As required by 10 CFR 50.91(a), the                        The proposed changes do not affect the             a permanently shutdown and defueled
                                                  licensee has provided its analysis of the               Technical Specifications. The proposed                facility.
                                                  issue of no significant hazards                         changes do not involve a change in the                   The proposed changes do not involve any
                                                                                                          method of plant operation, and no accident            physical changes to plant structures, systems,
                                                  consideration, which is presented                                                                             and components (SSCs) or the manner in
                                                                                                          analyses will be affected by the proposed
                                                  below:                                                  changes. Safety analysis acceptance criteria          which SSCs are operated, maintained,
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                                                     1. Does the proposed amendment involve               are not affected by the proposed changes and          modified, tested, or inspected. The proposed
                                                  a significant increase in the probability or            margins of safety are maintained. The revised         changes do not involve a change to any safety
                                                  consequences of an accident previously                  Emergency Plan will continue to provide the           limits, limiting safety system settings,
                                                  evaluated?                                              necessary response staff with the proposed            limiting control settings, limiting conditions
                                                     Response: No.                                        changes.                                              for operation, surveillance requirements, or
                                                     The proposed changes to the CPS                         Therefore, the proposed changes do not             design features.
                                                  Emergency Plan do not impact the function               involve a significant reduction in a margin of           The deletion and modification of
                                                  of plant Structures, Systems, or Components             safety.                                               provisions of the facility administrative



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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                              87971

                                                  controls do not affect the design of SSCs               itself. The proposed changes do not result in         because the reactor will be permanently shut
                                                  necessary for safe storage of spent irradiated          different or more adverse failure modes or            down and defueled and QCNPS will no
                                                  fuel or the methods used for handling and               accidents than previously evaluated because           longer be authorized to operate the reactor.
                                                  storage of such fuel in the Spent Fuel Pool             the reactor will be permanently shut down               Therefore, the proposed changes do not
                                                  (SFP). The proposed changes are                         and defueled and QCNPS will no longer be              involve a significant reduction in the margin
                                                  administrative in nature and do not affect              authorized to operate the reactor. The                of safety.
                                                  any accidents applicable to the safe                    proposed changes will continue to require
                                                  management of spent irradiated fuel or the              proper control and monitoring of safety                  The NRC staff has reviewed the
                                                  permanently shutdown and defueled                       significant parameters and activities.                licensee’s analysis and, based on this
                                                  condition of the reactor.                                  The proposed changes do not result in any          review, it appears that the three
                                                     In a permanently defueled condition, the             new mechanisms that could initiate damage             standards of 10 CFR 50.92(c) are
                                                  only credible accidents are the Design Basis            to the remaining relevant safety barriers in          satisfied. Therefore, the NRC staff
                                                  Fuel Handling Accidents Inside Containment              support of maintaining the plant in a                 proposes to determine that the
                                                  (the specific concern is dropping a fuel                permanently shutdown and defueled
                                                                                                                                                                requested amendments involve no
                                                  bundle over the Spent Fuel Pool; not the                condition (e.g., fuel cladding and SFP
                                                  Reactor Vessel) and Spent Fuel Storage                  cooling). Since extended operation in a               significant hazards consideration.
                                                  Buildings and Postulated Liquid Releases                defueled condition will be the only operation            Attorney for licensee: Tamra Domeyer,
                                                  Due to Liquid Tank Failures. Other accidents            allowed, and therefore bounded by the                 Associate General Counsel, Exelon
                                                  such as Loss of Coolant Accident, Loss of               existing analyses, such a condition does not          Nuclear, 4300 Winfield Road,
                                                  Feedwater, and Reactivity and Power                     create the possibility of a new or different          Warrenville, IL 60555.
                                                  Distribution Anomalies will no longer be                kind of accident.                                        Acting NRC Branch Chief: G. Edward
                                                  applicable to a permanently defueled reactor               The proposed changes do not alter the
                                                                                                                                                                Miller.
                                                  plant.                                                  protection system design or create new
                                                     The probability of occurrence of previously          failure modes. The proposed changes do not            Florida Power & Light Company, Docket
                                                  evaluated accidents is not increased, since             involve a physical alteration of the plant, and       Nos. 50–250 and 50–251, Turkey Point
                                                  extended operation in a permanently                     no new or different kind of equipment will            Nuclear Generating Unit Nos. 3 and 4,
                                                  defueled condition will be the only operation           be installed. Consequently, there are no new
                                                                                                                                                                Miami-Dade County, Florida
                                                  allowed, and therefore, bounded by the                  initiators that could result in a new or
                                                  existing analyses. Additionally, the                    different kind of accident.                              Date of amendment request: April 4,
                                                  occurrence of postulated accidents associated              Therefore, the proposed changes do not             2016, as supplemented by letters dated
                                                  with reactor operation is no longer credible            create the possibility of a new or different          September 1, 2016, and November 10,
                                                  in a permanently defueled reactor. This                 kind of accident from any accident
                                                                                                                                                                2016. Publicly-available versions are in
                                                  significantly reduces the scope of applicable           previously evaluated.
                                                  accidents.                                                 3. Does the proposed amendment involve             ADAMS under Accession Nos.
                                                     The proposed changes in the                          a significant reduction in a margin of safety?        ML16110A266, ML16260A399, and
                                                  administrative controls do not affect the                  Response: No.                                      ML16323A313, respectively.
                                                  ability to successfully respond to previously              The proposed changes involve deleting                 Description of amendment request:
                                                  evaluated accidents and do not affect                   and/or modifying certain TS administrative            The amendments would revise the
                                                  radiological assumptions used in the                    controls once the QCNPS facility has been             Technical Specification (TS)
                                                  evaluations. The proposed changes narrow                permanently shutdown and defueled. As                 requirements for snubbers and add a
                                                  the focus of nuclear safety concerns to those           specified in 10 CFR 50.82(a)(2), the 10 CFR           new TS to the Administrative Controls
                                                  associated with safely maintaining spent                50 license for QCNPS will no longer
                                                  nuclear fuel. These changes remove the                  authorize operation of the reactor or
                                                                                                                                                                section of the TSs describing the
                                                  implication that QCNPS can return to                    emplacement or retention of fuel into the             licensee’s Snubber Testing Program. The
                                                  operation once the final certification required         reactor vessel following submittal of the             amendments would revise the snubber
                                                  by 10 CFR 50.82(a)(1)(ii) is submitted to the           certifications required by 10 CFR 50.82(a)(1).        TS surveillance requirements (SRs) by
                                                  NRC. Any event involving safe storage of                As a result, the occurrence of certain design         deleting specific requirements from the
                                                  spent irradiated fuel or the methods used for           basis postulated accidents are no longer              TS SRs and replacing them with a
                                                  handling and storage of such fuel in the SFP            considered credible when the reactor is               requirement to demonstrate snubber
                                                  would evolve slowly enough that no                      permanently defueled.                                 operability in accordance with the
                                                  immediate response would be required to                    The only remaining credible accidents are          licensee-controlled Snubber Testing
                                                  protect the health and safety of the public or          the Design Basis Fuel Handling Accidents
                                                  station personnel. Adequate communications              Inside Containment and Spent Fuel Storage
                                                                                                                                                                Program. The proposed changes include
                                                  capability is provided to allow facility                Buildings (the specific concern is dropping a         additions to, deletions from, and
                                                  personnel to safely manage storage and                  fuel bundle over the Spent Fuel Pool; not the         conforming administrative changes to
                                                  handling of irradiated fuel. As a result, no            Reactor Vessel) and the Postulated Liquid             the TSs.
                                                  changes to radiological release parameters are          Releases Due to Liquid Tank Failures. The                The license amendment request was
                                                  involved. There is no effect on the type or             proposed changes do not adversely affect the          originally noticed in the Federal
                                                  amount of radiation released, and there is no           inputs or assumptions of any of the design            Register (FR) on July 5, 2016 (81 FR
                                                  effect on predicted offsite doses in the event          basis analyses that impact the Design Basis           43652). The notice is being reissued in
                                                  of an accident.                                         Fuel Handling Accidents.
                                                                                                                                                                its entirety because the licensee’s
                                                     Therefore, the proposed changes do not                  The proposed changes are limited to those
                                                  involve a significant increase in the                   portions of the TS administrative controls            supplement dated November 10, 2016,
                                                  probability or consequence of an accident               that are not related to the safe storage and          expanded the scope of the application
                                                  previously evaluated.                                   maintenance of spent irradiated fuel.                 by proposing to delete a portion of the
                                                     2. Does the proposed amendment create                   These proposed changes do not directly             snubber SR that requires inspections per
                                                  the possibility of a new or different kind of           involve any physical equipment limits or              another TS that is no longer applicable
                                                  accident from any accident previously                   parameters. The requirements that are                 to snubbers.
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                                                  evaluated?                                              proposed to be revised and/or deleted from               Basis for proposed no significant
                                                     Response: No.                                        the QCNPS TS are not credited in the
                                                                                                                                                                hazards consideration determination:
                                                     The proposed changes to delete and/or                existing accident analysis for the remaining
                                                  modify certain TS administrative controls               applicable postulated accidents; therefore,           As required by 10 CFR 50.91(a), the
                                                  have no impact on facility SSCs affecting the           they do not contribute to the margin of safety        licensee has provided its analysis of the
                                                  safe storage of spent irradiated fuel, or on the        associated with the accident analysis. Certain        issue of no significant hazards
                                                  methods of operation of such SSCs, or on the            postulated DBAs [design-basis accidents]              consideration, which is presented
                                                  handling and storage of spent irradiated fuel           involving the reactor are no longer possible          below:


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                                                  87972                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                     1. Does the proposed change involve a                   The NRC staff has reviewed the                        Response: No.
                                                  significant increase in the probability or              licensee’s analysis and, based on this                   The proposed changes correct a legacy
                                                  consequences of an accident previously                  review, it appears that the three                     error in the Unit 2 TS, and the TS removal
                                                  evaluated?                                                                                                    of effluent monitors and their subsequent
                                                                                                          standards of 10 CFR 50.92(c) are
                                                     Response: No.                                                                                              relocation to the ODCM do not change the
                                                     The proposed changes would revise TS SR
                                                                                                          satisfied. Therefore, the NRC staff                   function or capabilities of any equipment,
                                                  4.7.6 to conform the TS to the revised                  proposes to determine that the                        and do not involve the addition or
                                                  surveillance program for snubbers. Snubber              amendment request involves no                         modification of any plant equipment. Also,
                                                  examination, testing and service life                   significant hazards consideration.                    the proposed change does not alter the
                                                  monitoring will continue to meet the                       Attorney for licensee: William S.                  design, configuration, or method of operation
                                                  requirements of 10 CFR 50.55a(g).                       Blair, Managing Attorney—Nuclear,                     of the plant. The subject monitors remain
                                                     Snubber examination, testing and service             Florida Power & Light Company, 700                    capable of performing their design functions.
                                                  life monitoring is not an initiator of any              Universe Blvd., MS LAW/JB, Juno                          Therefore, the proposed change does not
                                                  accident previously evaluated. Therefore, the           Beach, FL 33408–0420.                                 create the possibility of a new or different
                                                  probability of an accident previously                      Acting NRC Branch Chief: Jeanne A.                 kind of accident from any accident
                                                  evaluated is not significantly increased.                                                                     previously evaluated.
                                                                                                          Dion.
                                                     Snubbers will continue to be demonstrated                                                                     3. Does the proposed amendment involve
                                                  OPERABLE by performance of a program for                Florida Power & Light Company, et al.,                a significant reduction in a margin of safety?
                                                  examination, testing and service life                   Docket Nos. 50–335 and 50–389, St.                       Response: No.
                                                  monitoring in compliance with 10 CFR                    Lucie Plant, Unit Nos. 1 and 2, St. Lucie                The proposed changes remove select
                                                  50.55a or authorized alternatives. The                                                                        effluent monitors from the TSs and relocate
                                                                                                          County, Florida
                                                  proposed change to the TS 3.7.6 Action for                                                                    their requirements to the ODCM and correct
                                                  inoperable snubbers is administrative in                   Date of amendment request:                         a legacy error in the Unit 2 TSs, and do not
                                                  nature and is required for consistency with             September 16, 2016. A publicly-                       involve the addition or modification of any
                                                  the proposed change to TS SR 4.7.6. The                 available version is in ADAMS under                   plant equipment. The changes do not modify
                                                  proposed change does not adversely affect               Accession No. ML16271A181.                            the plant or plant equipment, and do not
                                                  plant operations, design functions or                      Description of amendment request:                  change the manner in which structures,
                                                  analyses that verify the capability of systems,         The amendments would revise the Unit                  systems or components are design[ed] or
                                                  structures, and components to perform their                                                                   evaluated.
                                                                                                          1 and Unit 2 Technical Specifications                    Therefore, the proposed change does not
                                                  design functions[;] therefore, the                      (TSs) by removing certain process
                                                  consequences of accidents previously                                                                          involve a significant reduction in a margin of
                                                                                                          radiation monitors and placing their                  safety.
                                                  evaluated are not significantly increased.
                                                                                                          requirements in a licensee-controlled
                                                     Therefore, it is concluded that this change                                                                   The NRC staff has reviewed the
                                                  does not involve a significant increase in the          manual. The amendments would also
                                                                                                          change the Unit 2 containment                         licensee’s analysis and, based on this
                                                  probability or consequences of an accident                                                                    review, it appears that the three
                                                  previously evaluated.                                   particulate radiation monitor range.
                                                                                                             Basis for proposed no significant                  standards of 50.92(c) are satisfied.
                                                     2. Does the proposed change create the
                                                  possibility of a new or different kind of               hazards consideration determination:                  Therefore, the NRC staff proposes to
                                                  accident from any accident previously                   As required by 10 CFR 50.91(a), the                   determine that the amendment request
                                                  evaluated?                                              licensee has provided its analysis of the             involves no significant hazards
                                                     Response: No.                                        issue of no significant hazards                       consideration.
                                                     The proposed changes do not involve any              consideration, which is presented                        Attorney for licensee: William S.
                                                  physical alteration of plant equipment. The             below:                                                Blair, Managing Attorney—Nuclear,
                                                  proposed changes do not alter the method by                                                                   Florida Power & Light Company, 700
                                                  which any safety-related system performs its               1. Does the proposed amendment involve             Universe Boulevard, MS LAW/JB, Juno
                                                  function. As such, no new or different types            a significant increase in the probability or
                                                                                                          consequences of an accident previously                Beach, FL 33408–0420.
                                                  of equipment will be installed, and the basic                                                                    Acting NRC Branch Chief: Jeanne A.
                                                  operation of installed equipment is                     evaluated?
                                                  unchanged. The methods governing plant                     Response: No.                                      Dion.
                                                  operation and testing remain consistent with               The effluent radiation monitors are not
                                                                                                          event initiators, nor are they credited in the
                                                                                                                                                                Indiana Michigan Power Company
                                                  current safety analysis assumptions.                                                                          (I&M), Docket Nos. 50–315 and 50–316,
                                                     Therefore, it is concluded that this change          mitigation of any event or credited in the
                                                                                                          PRA [Probabilistic Risk Assessment].                  Donald C. Cook Nuclear Plant, Units 1
                                                  does not create the possibility of a new or
                                                                                                          Relocating the monitors to the ODCM [Offsite          and 2, Berrien County, Michigan
                                                  different kind of accident from any accident
                                                                                                          Dose Calculation Manual] does not adversely
                                                  previously evaluated.
                                                                                                          impact the monitor function, and does not
                                                                                                                                                                   Date of amendment request: October
                                                     3. Does the proposed change involve a                affect the accident analyses in any manner.           18, 2016. A publicly-available version is
                                                  significant reduction in a margin of safety?               The Unit 2 containment atmosphere                  in ADAMS under Accession No.
                                                     Response: No.                                        particulate radiation monitor is credited in          ML16294A257.
                                                     The proposed changes ensure snubber                  the Leak-Before-Break analyses, where it                 Description of amendment request:
                                                  examination, testing and service life                   states that ‘‘the leakage detection systems are       The proposed changes would revise
                                                  monitoring will continue to meet the                    capable of detecting the specified leak rate’’
                                                  requirements of 10 CFR 50.55a(g). Snubbers                                                                    Technical Specification 5.5.14,
                                                                                                          and that the leakage detection systems ‘‘are          ‘‘Containment Leakage Rate Testing
                                                  will continue to be demonstrated OPERABLE               consistent with Regulatory Guide 1.45.’’
                                                  by performance of a program for                         Correcting the TS instrument range for the            Program,’’ to clarify the containment
                                                  examination, testing and service life                   monitor does not adversely impact the                 leak rate testing pressure criteria.
                                                  monitoring in compliance with 10 CFR                    monitor function, i.e., its capability to detect         Basis for proposed no significant
                                                  50.55a or authorized alternatives.                      leakage. This change does not affect the              hazards consideration determination:
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                                                     The proposed change to the TS 3.7.6                  accident analyses in any manner.                      As required by 10 CFR 50.91(a), the
                                                  Action for inoperable snubbers is                          Therefore, the proposed amendment does             licensee has provided its analysis of the
                                                  administrative in nature and is required for            not involve a significant increase in the             issue of no significant hazards
                                                  consistency with the proposed change to TS              probability or consequences of an accident            consideration, which is presented
                                                  SR 4.7.6.                                               previously evaluated.
                                                     Therefore, it is concluded that the                     2. Does the proposed amendment create
                                                                                                                                                                below:
                                                  proposed change does not involve a                      the possibility of a new or different kind of           1. Does the proposed change involve a
                                                  significant reduction in a margin of safety.            accident from any previously evaluated?               significant increase in the probability of



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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                               87973

                                                  occurrence or consequences of an accident               (ADAMS Accession No. ML12326A805).                    fuel cladding, reactor coolant system
                                                  previously evaluated?                                   NEI–99–01, Revision 6, has been                       pressure boundary, and containment
                                                     Response: No.                                        endorsed by the NRC by letter dated                   structure) to limit the level of radiation dose
                                                     The proposed changes do not involve                                                                        to the public.
                                                                                                          March 28, 2013 (ADAMS Accession No.
                                                  changes to the installed structures, systems                                                                     The proposed changes do not impact
                                                  or components of the facility. The proposed             ML12346A463). Currently approved E-                   operation of the plant or its response to
                                                  change is consistent with Westinghouse                  Plan EAL schemes for DCPP are based                   transients or accidents. The proposed
                                                  Owners Group Standard Technical                         on the guidance established in NEI 99–                changes do not affect the Technical
                                                  Specification language for the Containment              01, Revision 4, ‘‘Methodology for                     Specifications or the Operating License. The
                                                  Leak Rate Program.                                      Development of Emergency Action                       proposed changes do not involve a change in
                                                     Therefore, the proposed change does not              Levels,’’ January 2003 (ADAMS                         the method of plant operation, and no
                                                  involve a significant increase in the                   Accession No. ML030230250), except                    accident analyses will be affected by the
                                                  probability or consequences of an accident              for security-related EALs, which are                  proposed changes. Additionally, the
                                                  previously evaluated.                                                                                         proposed changes will not relax any criteria
                                                     2. Does the proposed change create the
                                                                                                          based on the guidance established in
                                                                                                          NEI 99–01, Revision 5, ‘‘Methodology                  used to establish safety limits and will not
                                                  possibility of a new or different kind of                                                                     relax any safety system settings. The safety
                                                  accident from any accident previously                   for Development of Emergency Action                   analysis acceptance criteria are not affected
                                                  evaluated?                                              Levels,’’ February 2008 (ADAMS                        by these changes. The proposed changes will
                                                     Response: No.                                        Accession No. ML080450149).                           not result in plant operation in a
                                                     The proposed change does not introduce a                Basis for proposed no significant                  configuration outside the design basis. The
                                                  new mode of plant operation and does not                hazards consideration determination:                  proposed changes do not adversely affect
                                                  involve physical modification to the plant.             As required by 10 CFR 50.91(a), the                   systems that respond to safely shut down the
                                                  The change does not introduce new accident                                                                    plant and to maintain the plant in a safe
                                                                                                          licensee has provided its analysis of the
                                                  initiators or impact assumptions made in the                                                                  shutdown condition. The E-Plan will
                                                  safety analysis. Testing requirements                   issue of no significant hazards
                                                                                                          consideration, which is presented                     continue to activate an emergency response
                                                  continue to demonstrate that the Limiting                                                                     commensurate with the extent of degradation
                                                  Conditions for Operation are met and the                below:
                                                                                                                                                                of plant safety.
                                                  system components are functional.                          1. Does the proposed change involve a                 Therefore, the proposed change does not
                                                     Therefore, the proposed change does not              significant increase in the probability or            involve a significant reduction in a margin of
                                                  create the possibility of a new or different            consequences of an accident previously                safety.
                                                  kind of accident from any previously                    evaluated?
                                                  evaluated.                                                 Response: No.                                         The NRC staff has reviewed the
                                                     3. Does the proposed change involve a                   The proposed changes to the Diablo                 licensee’s analysis and, based on this
                                                  significant reduction in a margin of safety?            Canyon Power Plant (DCPP) emergency                   review, it appears that the three
                                                     Response: No.                                        action levels (EALs) do not impact the                standards of 10 CFR 50.92(c) are
                                                     The proposed change does not exceed or               physical function of plant structures,                satisfied. Therefore, the NRC staff
                                                  alter a design basis or safety limit, so there          systems, or components (SSCs) or the manner
                                                  is no significant reduction in the margin of                                                                  proposes to determine that the
                                                                                                          in which SSCs perform their design function.
                                                  safety.                                                 The proposed changes neither adversely                amendment requests involve no
                                                     Therefore, the proposed change does not              affect accident initiators or precursors, nor         significant hazards consideration.
                                                  involve a significant reduction in a margin of          alter design assumptions. The proposed                   Attorney for licensee: Jennifer Post,
                                                  safety.                                                 changes do not alter or prevent the ability of        Esq., Pacific Gas and Electric Company,
                                                     The NRC staff has reviewed the                       SSCs to perform their intended function to            P.O. Box 7442, San Francisco, California
                                                                                                          mitigate the consequences of an initiating            94120.
                                                  licensee’s analysis and, based on this                  event within assumed acceptance limits. No
                                                  review, it appears that the three                                                                                NRC Branch Chief: Robert J.
                                                                                                          operating procedures or administrative
                                                  standards of 10 CFR 50.92(c) are                                                                              Pascarelli.
                                                                                                          controls that function to prevent or mitigate
                                                  satisfied. Therefore, the NRC staff                     accidents are affected by the proposed                Southern Nuclear Operating Company,
                                                  proposes to determine that the                          changes.                                              Inc., Docket Nos. 50–348 and 50–364,
                                                  amendment request involves no                              Therefore, the proposed change does not            Joseph M. Farley Nuclear Plant (Farley),
                                                  significant hazards consideration.                      involve a significant increase in the
                                                                                                          probability or consequences of an accident            Units 1 and 2, Houston County,
                                                     Attorney for licensee: Robert B.                                                                           Alabama
                                                                                                          previously evaluated.
                                                  Haemer, Senior Nuclear Counsel, One                        2. Does the proposed change create the
                                                  Cook Place, Bridgman, MI 49106.                                                                                  Date of amendment request: October
                                                                                                          possibility of a new or different accident            11, 2016. A publicly-available version is
                                                     NRC Branch Chief: David J. Wrona.                    from any accident previously evaluated?
                                                                                                             Response: No.                                      in ADAMS under Accession No.
                                                  Pacific Gas and Electric Company,                                                                             ML16285A351.
                                                                                                             The proposed changes do not involve a
                                                  Docket Nos. 50–275 and 50–323, Diablo                   physical alteration of the plant (i.e., no new           Description of amendment request:
                                                  Canyon Nuclear Power Plant, Units 1                     or different type of equipment will be                The amendment would add Technical
                                                  and 2 (DCPP), San Luis Obispo County,                   installed or removed) or a change in the              Specification (TS) requirements for
                                                  California                                              method of plant operation. The proposed               unavailable barriers by adding Limiting
                                                    Date of amendment request: October                    changes will not introduce failure modes that         Condition for Operation (LCO) 3.0.9,
                                                                                                          could result in a new accident, and the
                                                  25, 2016. A publicly-available version is               change does not alter assumptions made in
                                                                                                                                                                consistent with NRC-approved
                                                  in ADAMS under Accession No.                            the safety analysis. The proposed changes to          Technical Specification Task Force
                                                  ML16315A184.                                            the DCPP EALs are not initiators of any               (TSTF) Improved Standard Technical
                                                    Description of amendment request:                     accidents.                                            Specifications Change Traveler TSTF–
                                                  The proposed amendments would                              Therefore, the proposed change does not            427, Revision 2, ‘‘Allowance for Non-
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                                                  revise the Emergency Plan (E-Plan) for                  create the possibility of a new or different          Technical Specification Barrier
                                                  DCPP to adopt the Nuclear Energy                        accident from any accident previously                 Degradation on Supported System
                                                  Institute’s (NEI’s) revised Emergency                   evaluated.                                            OPERABILITY.’’ The availability of this
                                                                                                             3. Does the proposed change involve a
                                                  Action Level (EAL) scheme described in                  significant reduction in a margin of safety?          TS improvement was published in the
                                                  NEI 99–01, Revision 6, ‘‘Development of                    Response: No.                                      Federal Register on October 3, 2006 (71
                                                  Emergency Action Levels for Non-                           Margin of safety is associated with the            FR 58444), as part of the consolidated
                                                  Passive Reactors,’’ November 2012                       ability of the fission product barriers (i.e.,        line item improvement process (CLIIP).


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                                                  87974                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                     Basis for proposed no significant                    require a functional barrier are limited to           As required by 10 CFR 50.91(a), the
                                                  hazards consideration determination:                    those with low frequencies of occurrence,             licensee has provided its analysis of the
                                                  As required by 10 CFR 50.91(a), the                     and the overall TS system safety function             issue of no significant hazards
                                                                                                          would still be available for the majority of
                                                  licensee has provided its analysis of the               anticipated challenges. The risk impact of the
                                                                                                                                                                consideration, which is presented
                                                  issue of no significant hazards                         proposed TS changes was assessed following            below:
                                                  consideration by confirming the                         the three-tiered approach recommended in                 1. Does the proposed change involve a
                                                  applicability of the Farley, Units 1 and                RG [Regulatory Guide] 1.177. A bounding               significant increase in the probability or
                                                  2, to the model proposed no significant                 risk assessment was performed to justify the          consequences of an accident previously
                                                  hazards consideration published on                      proposed TS changes. This application of              evaluated?
                                                  October 3, 2006, as part of the CLIIP, as               LCO 3.0.9 is predicated upon the licensee’s              Response: No.
                                                                                                          performance of a risk assessment and the                 The proposed changes to the WCGS EALs
                                                  referenced below:                                       management of plant risk. The net change to           do not impact the physical function of plant
                                                  Criterion 1—The Proposed Change Does Not                the margin of safety is insignificant as              structures, systems or components [(SSCs)] or
                                                  Involve a Significant Increase in the                   indicated by the anticipated low levels of            the manner in which SSCs perform their
                                                  Probability or Consequences of an Accident              associated risk (ICCDP [incremental                   design function. The proposed changes
                                                  Previously Evaluated                                    conditional core damage probability] and              neither adversely affect accident initiators or
                                                                                                          ICLERP [incremental conditional large early           precursors, nor alter design assumptions. The
                                                     The proposed change allows a delay time              release probability]) as shown in Table 1 of
                                                  for entering a supported system technical                                                                     proposed changes do not alter or prevent the
                                                                                                          Section 3.1.1 in the Safety Evaluation.               ability of SSCs to perform their intended
                                                  specification (TS) when the inoperability is            Therefore, this change does not involve a
                                                  due solely to an unavailable barrier if risk is                                                               function to mitigate the consequences of an
                                                                                                          significant reduction in a margin of safety.          initiating event within assumed acceptance
                                                  assessed and managed. The postulated
                                                  initiating events which may require a                      The NRC staff has reviewed the                     limits. No operating procedures or
                                                  functional barrier are limited to those with            licensee’s analysis and, based on this                administrative controls that function to
                                                  low frequencies of occurrence, and the                                                                        prevent or mitigate accidents are affected by
                                                                                                          review, it appears that the three
                                                  overall TS system safety function would still                                                                 the proposed changes.
                                                                                                          standards of 10 CFR 50.92(c) are                         Therefore, the proposed changes do not
                                                  be available for the majority of anticipated            satisfied. Therefore, the NRC staff
                                                  challenges. Therefore, the probability of an                                                                  involve a significant increase in the
                                                  accident previously evaluated is not
                                                                                                          proposes to determine that the                        probability or consequences of an accident
                                                  significantly increased, if at all. The                 amendment request involves no                         previously evaluated.
                                                  consequences of an accident while relying on            significant hazards consideration.                       2. Does the proposed change create the
                                                  the allowance provided by proposed LCO                     Attorney for licensee: Jennifer M.                 possibility of a new or different kind of
                                                  3.0.9 are no different than the consequences            Buettner, Associate General Counsel,                  accident from any accident previously
                                                  of an accident while relying on the TS                  Southern Nuclear Operating Company,                   evaluated?
                                                  required actions in effect without the                  40 Inverness Center Parkway,                             Response: No.
                                                  allowance provided by proposed LCO 3.0.9.                                                                        The proposed changes do not involve a
                                                                                                          Birmingham, AL 35201.
                                                  Therefore, the consequences of an accident                                                                    physical alteration of the plant (i.e., no new
                                                                                                             NRC Branch Chief: Michael T.                       or different types of equipment will be
                                                  previously evaluated are not significantly
                                                  affected by this change. The addition of a              Markley.                                              installed or removed) or a change in the
                                                  requirement to assess and manage the risk               Wolf Creek Nuclear Operating                          method of plant operation. The proposed
                                                  introduced by this change will further                  Corporation (WCNOC), Docket No. 50–                   changes will not introduce failure modes that
                                                  minimize possible concerns. Therefore, this                                                                   could result in a new accident, and the
                                                  change does not involve a significant
                                                                                                          482, Wolf Creek Generating Station
                                                                                                                                                                changes do not alter assumptions made in the
                                                  increase in the probability or consequences             (WCGS), Coffey County, Kansas                         safety analysis. The proposed changes to the
                                                  of an accident previously evaluated.                      Date of amendment request:                          WCGS EALs are not initiators of any
                                                  Criterion 2—The Proposed Change Does Not                September 30, 2016. A publicly-                       accidents.
                                                  Create the Possibility of a New or Different            available version is in ADAMS under                      Therefore, the proposed changes do not
                                                  Kind of Accident From any Previously                    Accession No. ML16279A377.                            create the possibility of a new or different
                                                  Evaluated                                                 Description of amendment request:                   kind of accident from any previously
                                                                                                                                                                evaluated.
                                                     The proposed change does not involve a               The amendment would revise the                           3. Does the proposed change involve a
                                                  physical alteration of the plant (no new or             emergency action level (EAL) scheme                   significant reduction in a margin of safety?
                                                  different type of equipment will be installed).         used at WCGS. The currently approved                     Response: No.
                                                  Allowing delay times for entering supported             EAL scheme is based on Nuclear                           Margin of safety is associated with the
                                                  system TS when inoperability is due solely              Management and Resources Council/                     ability of the fission product barriers (i.e.,
                                                  to an unavailable barrier, if risk is assessed
                                                                                                          National Environmental Studies Project                fuel cladding, reactor coolant system
                                                  and managed, will not introduce new failure
                                                                                                          (NUMARC/NESP)–007, Revision 2,                        pressure boundary, and containment
                                                  modes or effects and will not, in the absence
                                                                                                          ‘‘Methodology for Development of                      structure) to limit the level of radiation dose
                                                  of other unrelated failures, lead to an
                                                                                                          Emergency Action Levels,’’ January                    to the public. The proposed changes do not
                                                  accident whose consequences exceed the
                                                                                                                                                                impact operation of the plant or its response
                                                  consequences of accidents previously                    1992 (ADAMS Accession No.                             to transients or accidents. The changes do not
                                                  evaluated. The addition of a requirement to             ML041120174). The proposed change                     affect the Technical Specifications or the
                                                  assess and manage the risk introduced by this           would allow WCNOC to adopt an EAL                     operating license. The proposed changes do
                                                  change will further minimize possible                   scheme which is based on the guidance
                                                  concerns. Thus, this change does not create                                                                   not involve a change in the method of plant
                                                  the possibility of a new or different kind of           established in Nuclear Energy Institute               operation, and no accident analyses will be
                                                  accident from an accident previously                    (NEI) 99–01, Revision 6, ‘‘Development                affected by the proposed changes.
                                                  evaluated.                                              of Emergency Action levels for Non-                   Additionally, the proposed changes will not
                                                                                                          Passive Reactors,’’ November 2012                     relax any criteria used to establish safety
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                                                  Criterion 3—The Proposed Change Does Not                                                                      limits and will not relax any safety system
                                                  Involve a Significant Reduction in the Margin           (ADAMS Accession No. ML12326A805).
                                                                                                                                                                settings. The safety analysis acceptance
                                                  of Safety                                               NEI 99–01, Revision 6 has been                        criteria are not affected by these changes. The
                                                     The proposed change allows a delay time              endorsed by the NRC by letter dated                   proposed changes will not result in plant
                                                  for entering a supported system TS when the             March 28, 2013 (ADAMS Accession No.                   operation in a configuration outside the
                                                  inoperability is due solely to an unavailable           ML12346A463).                                         design basis. The proposed changes do not
                                                  barrier, if risk is assessed and managed. The             Basis for proposed no significant                   adversely affect systems that respond to
                                                  postulated initiating events which may                  hazards consideration determination:                  safely shut down the plant and to maintain



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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                          87975

                                                  the plant in a safe shutdown condition. The             items can be accessed as described in                 specification (TS) surveillance
                                                  emergency plan will continue to activate an             the ‘‘Obtaining Information and                       requirements associated with the
                                                  emergency response commensurate with the                Submitting Comments’’ section of this                 emergency diesel generator (EDG) fuel
                                                  extent of degradation of plant safety.                  document.                                             oil transfer system. Specifically, the
                                                    [Therefore, the proposed changes do not
                                                  involve a significant reduction in a margin of
                                                                                                                                                                amendments allow for the crediting of
                                                                                                          Entergy Nuclear Operations, Inc.,
                                                  safety.]                                                                                                      manual actions, in lieu of automatic
                                                                                                          Docket Nos. 50–247 and 50–286, Indian
                                                                                                                                                                actions, without having to declare the
                                                     The NRC staff has reviewed the                       Point Nuclear Generating Unit Nos. 2
                                                                                                                                                                EDGs inoperable.
                                                  licensee’s analysis and, based on this                  and 3, Westchester County, New York                      Date of issuance: November 16, 2016.
                                                  review, it appears that the three                          Date of amendment request:                            Effective date: As of the date of
                                                  standards of 10 CFR 50.92(c) are                        December 10, 2015, as supplemented by                 issuance and shall be implemented
                                                  satisfied. Therefore, the NRC staff                     letters dated March 2, July 7, and                    within 120 days of issuance.
                                                  proposes to determine that the                          October 6, 2016.                                         Amendments Nos.: Unit 2–311; Unit
                                                  amendment request involves no                              Brief description of amendments: The               3–315. A publicly-available version is in
                                                  significant hazards consideration.                      amendments revised Technical                          ADAMS under Accession No.
                                                     Attorney for licensee: Jay Silberg, Esq.,            Specification (TS) 3.1.3, ‘‘Moderator                 ML16292A188; documents related to
                                                  Pillsbury Winthrop Shaw Pittman LLP,                    Temperature Coefficient (MTC),’’ and                  these amendments are listed in the
                                                  2300 N Street NW., Washington, DC                       TS 5.6.5, ‘‘Core Operating Limits Report              Safety Evaluation enclosed with the
                                                  20037.                                                  (COLR),’’ to allow exemption from the                 amendments.
                                                     NRC Branch Chief: Robert J.                          normally required near end-of-life MTC                   Renewed Facility Operating License
                                                  Pascarelli.                                             measurement by placing a set of                       Nos. DPR–44 and DPR–56: The
                                                  III. Notice of Issuance of Amendments                   conditions on reactor core operation. If              amendments revised the Renewed
                                                  to Facility Operating Licenses and                      these conditions are met, the MTC                     Facility Operating Licenses and TSs.
                                                  Combined Licenses                                       measurement could be replaced by a                       Date of initial notice in Federal
                                                                                                          calculated value.                                     Register: February 2, 2016 (81 FR 5498).
                                                     During the period since publication of                  Date of issuance: November 15, 2016.               The supplemental letters dated June 9,
                                                  the last biweekly notice, the                              Effective date: As of the date of                  2016, August 2, 2016, and November 8,
                                                  Commission has issued the following                     issuance, and shall be implemented                    2016, provided additional information
                                                  amendments. The Commission has                          within 30 days.                                       that clarified the application, did not
                                                  determined for each of these                               Amendment Nos.: Unit 2–285; Unit                   expand the scope of the application as
                                                  amendments that the application                         3–261. A publicly-available version is in             originally noticed, and did not change
                                                  complies with the standards and                         ADAMS under Accession No.                             the staff’s original proposed no
                                                  requirements of the Atomic Energy Act                   ML16215A243; documents related to                     significant hazards consideration
                                                  of 1954, as amended (the Act), and the                  these amendments are listed in the                    determination as published in the
                                                  Commission’s rules and regulations.                     Safety Evaluation enclosed with the                   Federal Register.
                                                  The Commission has made appropriate                     amendments.                                              The Commission’s related evaluation
                                                  findings as required by the Act and the                    Facility Operating License Nos. DPR–               of the amendments is contained in a
                                                  Commission’s rules and regulations in                   26 and DPR–64: The amendments                         Safety Evaluation dated November 16,
                                                  10 CFR Chapter I, which are set forth in                revised the Facility Operating Licenses               2016.
                                                  the license amendment.                                  and the TSs.                                             No significant hazards consideration
                                                     A notice of consideration of issuance                   Date of initial notice in Federal                  comments received: No.
                                                  of amendment to facility operating                      Register: April 5, 2016 (81 FR 19647).
                                                  license or combined license, as                         The supplemental letters dated March 2,               Southern Nuclear Operating Company,
                                                  applicable, proposed no significant                     July 7, and October 6, 2016, provided                 Docket Nos. 50–348 and 50–364, Joseph
                                                  hazards consideration determination,                    additional information that clarified the             M. Farley Nuclear Plant, Units 1 and 2,
                                                  and opportunity for a hearing in                        application, did not expand the scope of              Houston County, Alabama
                                                  connection with these actions, was                      the application as originally noticed,                   Date of amendment request:
                                                  published in the Federal Register as                    and did not change the NRC staff’s                    November 20, 2015, as supplemented by
                                                  indicated.                                              original proposed no significant hazards              letters dated January 12, April 11, and
                                                     Unless otherwise indicated, the                      consideration determination as                        June 30, 2016.
                                                  Commission has determined that these                    published in the Federal Register.                       Brief description of amendments: The
                                                  amendments satisfy the criteria for                        The Commission’s related evaluation                amendments revised the setpoint
                                                  categorical exclusion in accordance                     of the amendment is contained in a                    requirements in Technical Specification
                                                  with 10 CFR 51.22. Therefore, pursuant                  Safety Evaluation dated November 15,                  (TS) 3.3.5, ‘‘Loss of Power (LOP) Diesel
                                                  to 10 CFR 51.22(b), no environmental                    2016.                                                 Generator (DG) Start Instrumentation.’’
                                                  impact statement or environmental                          No significant hazards consideration               The change was requested to fulfill a
                                                  assessment need be prepared for these                   comments received: No.                                license condition to eliminate the
                                                  amendments. If the Commission has                                                                             manual actions in lieu of automatic
                                                  prepared an environmental assessment                    Exelon Generation Company, LLC and
                                                                                                                                                                degraded voltage protection to assure
                                                  under the special circumstances                         PSEG Nuclear LLC, Docket Nos. 50–277
                                                                                                                                                                adequate voltage to safety-related
                                                  provision in 10 CFR 51.22(b) and has                    and 50–278, Peach Bottom Atomic
                                                                                                                                                                equipment during design-basis events.
                                                  made a determination based on that                      Power Station, Units 2 and 3, York and                   Date of issuance: November 17, 2016.
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                                                  assessment, it is so indicated.                         Lancaster Counties, Pennsylvania                         Effective date: As of the date of
                                                     For further details with respect to the                 Date of amendment request:                         issuance and shall be implemented
                                                  action see (1) the applications for                     December 3, 2015, as supplemented by                  within 90 days of issuance.
                                                  amendment, (2) the amendment, and (3)                   letters dated June 9, 2016, August 2,                    Amendment Nos.: Unit 1–206; Unit
                                                  the Commission’s related letter, Safety                 2016, and November 8, 2016.                           2–202. A publicly-available version is in
                                                  Evaluation and/or Environmental                            Brief description of amendments: The               ADAMS under Accession No.
                                                  Assessment as indicated. All of these                   amendments revised the technical                      ML16196A161; documents related to


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                                                  87976                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  these amendments are listed in the                      reasonable opportunity for the public to              Evaluation and/or Environmental
                                                  Safety Evaluation enclosed with the                     comment, using its best efforts to make               Assessment, as indicated. All of these
                                                  amendments.                                             available to the public means of                      items can be accessed as described in
                                                    Renewed Facility Operating License                    communication for the public to                       the ‘‘Obtaining Information and
                                                  Nos. NPF–2 and NPF–8: The                               respond quickly, and in the case of                   Submitting Comments’’ section of this
                                                  amendments revised the Renewed                          telephone comments, the comments                      document.
                                                  Facility Operating Licenses and TSs.                    have been recorded or transcribed as
                                                    Date of initial notice in Federal                                                                           A. Opportunity To Request a Hearing
                                                                                                          appropriate and the licensee has been
                                                  Register: February 16, 2016 (81 FR                                                                            and Petition for Leave To Intervene
                                                                                                          informed of the public comments.
                                                  7842). The supplemental letters dated                      In circumstances where failure to act                 The Commission is also offering an
                                                  April 11, 2016, and June 30, 2016,                      in a timely way would have resulted, for              opportunity for a hearing with respect to
                                                  provided additional information that                    example, in derating or shutdown of a                 the issuance of the amendment.
                                                  clarified the application, did not expand               nuclear power plant or in prevention of                  Within 60 days after the date of
                                                  the scope of the application as originally              either resumption of operation or of                  publication of this notice, any persons
                                                  noticed, and did not change the staff’s                 increase in power output up to the                    (petitioner) whose interest may be
                                                  original proposed no significant hazards                plant’s licensed power level, the                     affected by this action may file a request
                                                  consideration determination as                          Commission may not have had an                        for a hearing and a petition to intervene
                                                  published in the Federal Register.                      opportunity to provide for public                     (petition) with respect to the action.
                                                    The Commission’s related evaluation                   comment on its no significant hazards                 Petitions shall be filed in accordance
                                                  of the amendments is contained in a                     consideration determination. In such                  with the Commission’s ‘‘Agency Rules
                                                  Safety Evaluation dated November 17,                    case, the license amendment has been                  of Practice and Procedure’’ in 10 CFR
                                                  2016.                                                   issued without opportunity for                        part 2. Interested persons should
                                                    No significant hazards consideration                  comment. If there has been some time                  consult a current copy of 10 CFR 2.309,
                                                  comments received: No.                                  for public comment but less than 30                   which is available at the NRC’s PDR,
                                                                                                          days, the Commission may provide an                   located at One White Flint North, Room
                                                  IV. Notice of Issuance of Amendments
                                                                                                          opportunity for public comment. If                    O1–F21, 11555 Rockville Pike (first
                                                  to Facility Operating Licenses and
                                                                                                          comments have been requested, it is so                floor), Rockville, Maryland 20852. The
                                                  Combined Licenses and Final                                                                                   NRC’s regulations are accessible
                                                  Determination of No Significant                         stated. In either event, the State has
                                                                                                          been consulted by telephone whenever                  electronically from the NRC Library on
                                                  Hazards Consideration and                                                                                     the NRC’s Web site at http://
                                                  Opportunity for a Hearing (Exigent                      possible.
                                                                                                             Under its regulations, the Commission              www.nrc.gov/reading-rm/doc-
                                                  Public Announcement or Emergency                                                                              collections/cfr/. If a petition is filed
                                                                                                          may issue and make an amendment
                                                  Circumstances)                                                                                                within 60 days, the Commission or a
                                                                                                          immediately effective, notwithstanding
                                                     During the period since publication of               the pendency before it of a request for               presiding officer designated by the
                                                  the last biweekly notice, the                           a hearing from any person, in advance                 Commission or by the Chief
                                                  Commission has issued the following                     of the holding and completion of any                  Administrative Judge of the Atomic
                                                  amendments. The Commission has                          required hearing, where it has                        Safety and Licensing Board Panel, will
                                                  determined for each of these                            determined that no significant hazards                rule on the petition; and the Secretary
                                                  amendments that the application for the                 consideration is involved.                            or the Chief Administrative Judge of the
                                                  amendment complies with the                                The Commission has applied the                     Atomic Safety and Licensing Board
                                                  standards and requirements of the                       standards of 10 CFR 50.92 and has made                Panel will issue a notice of a hearing or
                                                  Atomic Energy Act of 1954, as amended                   a final determination that the                        an appropriate order.
                                                  (the Act), and the Commission’s rules                   amendment involves no significant                        As required by 10 CFR 2.309, a
                                                  and regulations. The Commission has                     hazards consideration. The basis for this             petition shall set forth with particularity
                                                  made appropriate findings as required                   determination is contained in the                     the interest of the petitioner in the
                                                  by the Act and the Commission’s rules                   documents related to this action.                     proceeding, and how that interest may
                                                  and regulations in 10 CFR Chapter I,                    Accordingly, the amendments have                      be affected by the results of the
                                                  which are set forth in the license                      been issued and made effective as                     proceeding. The petition should
                                                  amendment.                                              indicated.                                            specifically explain the reasons why
                                                     Because of exigent or emergency                         Unless otherwise indicated, the                    intervention should be permitted with
                                                  circumstances associated with the date                  Commission has determined that these                  particular reference to the following
                                                  the amendment was needed, there was                     amendments satisfy the criteria for                   general requirements: (1) The name,
                                                  not time for the Commission to publish,                 categorical exclusion in accordance                   address, and telephone number of the
                                                  for public comment before issuance, its                 with 10 CFR 51.22. Therefore, pursuant                petitioner; (2) the nature of the
                                                  usual notice of consideration of                        to 10 CFR 51.22(b), no environmental                  petitioner’s right under the Act to be
                                                  issuance of amendment, proposed no                      impact statement or environmental                     made a party to the proceeding; (3) the
                                                  significant hazards consideration                       assessment need be prepared for these                 nature and extent of the petitioner’s
                                                  determination, and opportunity for a                    amendments. If the Commission has                     property, financial, or other interest in
                                                  hearing.                                                prepared an environmental assessment                  the proceeding; and (4) the possible
                                                     For exigent circumstances, the                       under the special circumstances                       effect of any decision or order which
                                                  Commission has either issued a Federal                  provision in 10 CFR 51.12(b) and has                  may be entered in the proceeding on the
                                                  Register notice providing opportunity                   made a determination based on that                    petitioner’s interest. The petition must
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                                                  for public comment or has used local                    assessment, it is so indicated.                       also set forth the specific contentions
                                                  media to provide notice to the public in                   For further details with respect to the            which the petitioner seeks to have
                                                  the area surrounding a licensee’s facility              action see (1) the application for                    litigated at the proceeding.
                                                  of the licensee’s application and of the                amendment, (2) the amendment to                          Each contention must consist of a
                                                  Commission’s proposed determination                     Facility Operating License or Combined                specific statement of the issue of law or
                                                  of no significant hazards consideration.                License, as applicable, and (3) the                   fact to be raised or controverted. In
                                                  The Commission has provided a                           Commission’s related letter, Safety                   addition, the petitioner shall provide a


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                           87977

                                                  brief explanation of the bases for the                  or safety of the public, in which case it             Participants may not submit paper
                                                  contention and a concise statement of                   will issue an appropriate order or rule               copies of their filings unless they seek
                                                  the alleged facts or expert opinion                     under 10 CFR part 2.                                  an exemption in accordance with the
                                                  which support the contention and on                        A State, local governmental body,                  procedures described below.
                                                  which the petitioner intends to rely in                 Federally-recognized Indian Tribe, or                    To comply with the procedural
                                                  proving the contention at the hearing.                  agency thereof, may submit a petition to              requirements of E-Filing, at least 10
                                                  The petitioner must also provide                        the Commission to participate as a party              days prior to the filing deadline, the
                                                  references to those specific sources and                under 10 CFR 2.309(h)(1).                             participant should contact the Office of
                                                  documents of which the petitioner is                       The petition should state the nature               the Secretary by email at
                                                  aware and on which the petitioner                       and extent of the petitioner’s interest in            hearing.docket@nrc.gov, or by telephone
                                                  intends to rely to establish those facts or             the proceeding. The petition should be                at 301–415–1677, to request (1) a digital
                                                  expert opinion to support its position on               submitted to the Commission by                        identification (ID) certificate, which
                                                  the issue. The petition must include                    February 6, 2017. The petition must be                allows the participant (or its counsel or
                                                  sufficient information to show that a                   filed in accordance with the filing                   representative) to digitally sign
                                                  genuine dispute exists with the                         instructions in the ‘‘Electronic                      documents and access the E-Submittal
                                                  applicant on a material issue of law or                 Submissions (E-Filing)’’ section of this              server for any proceeding in which it is
                                                  fact. Contentions shall be limited to                   document, and should meet the                         participating; and (2) advise the
                                                  matters within the scope of the                         requirements for petitions set forth in               Secretary that the participant will be
                                                  proceeding. The contention must be one                  this section, except that under 10 CFR                submitting a petition (even in instances
                                                  which, if proven, would entitle the                     2.309(h)(2) a State, local governmental               in which the participant, or its counsel
                                                  petitioner to relief. A petitioner who                  body, or Federally-recognized Indian                  or representative, already holds an NRC-
                                                  fails to satisfy these requirements with                Tribe, or agency thereof does not need                issued digital ID certificate). Based upon
                                                  respect to at least one contention will                 to address the standing requirements in               this information, the Secretary will
                                                  not be permitted to participate as a                    10 CFR 2.309(d) if the facility is located            establish an electronic docket for the
                                                  party.                                                  within its boundaries. A State, local                 hearing in this proceeding if the
                                                     Those permitted to intervene become                  governmental body, Federally-                         Secretary has not already established an
                                                  parties to the proceeding, subject to any               recognized Indian Tribe, or agency                    electronic docket.
                                                  limitations in the order granting leave to              thereof may also have the opportunity to                 Information about applying for a
                                                  intervene, and have the opportunity to                  participate under 10 CFR 2.315(c).                    digital ID certificate is available on the
                                                  participate fully in the conduct of the                    If a hearing is granted, any person                NRC’s public Web site at http://
                                                  hearing with respect to resolution of                   who does not wish, or is not qualified,               www.nrc.gov/site-help/e-submittals/
                                                  that person’s admitted contentions                      to become a party to the proceeding                   getting-started.html. System
                                                  consistent with the NRC’s regulations,                  may, in the discretion of the presiding               requirements for accessing the E-
                                                  policies, and procedures.                               officer, be permitted to make a limited               Submittal server are available on the
                                                     Petitions for leave to intervene must                appearance pursuant to the provisions                 NRC’s public Web site at http://
                                                  be filed no later than 60 days from the                 of 10 CFR 2.315(a). A person making a                 www.nrc.gov/site-help/e-submittals/
                                                  date of publication of this notice.                     limited appearance may make an oral or                adjudicatory-sub.html. Participants may
                                                  Requests for hearing, petitions for leave               written statement of position on the                  attempt to use other software not listed
                                                  to intervene, and motions for leave to                  issues, but may not otherwise                         on the Web site, but should note that the
                                                  file new or amended contentions that                    participate in the proceeding. A limited              NRC’s E-Filing system does not support
                                                  are filed after the 60-day deadline will                appearance may be made at any session                 unlisted software, and the NRC
                                                  not be entertained absent a                             of the hearing or at any prehearing                   Electronic Filing Help Desk will not be
                                                  determination by the presiding officer                  conference, subject to the limits and                 able to offer assistance in using unlisted
                                                  that the filing demonstrates good cause                 conditions as may be imposed by the                   software.
                                                  by satisfying the three factors in 10 CFR               presiding officer. Details regarding the                 Once a participant has obtained a
                                                  2.309(c)(1)(i) through (iii).                           opportunity to make a limited                         digital ID certificate and a docket has
                                                     If a hearing is requested, and the                   appearance will be provided by the                    been created, the participant can then
                                                  Commission has not made a final                         presiding officer if such sessions are                submit a petition. Submissions should
                                                  determination on the issue of no                        scheduled.                                            be in Portable Document Format (PDF).
                                                  significant hazards consideration, the                                                                        Additional guidance on PDF
                                                  Commission will make a final                            B. Electronic Submissions (E-Filing)                  submissions is available on the NRC’s
                                                  determination on the issue of no                           All documents filed in NRC                         public Web site at http://www.nrc.gov/
                                                  significant hazards consideration. The                  adjudicatory proceedings, including a                 site-help/electronic-sub-ref-mat.html. A
                                                  final determination will serve to decide                request for hearing, a petition for leave             filing is considered complete at the time
                                                  when the hearing is held. If the final                  to intervene, any motion or other                     the documents are submitted through
                                                  determination is that the amendment                     document filed in the proceeding prior                the NRC’s E-Filing system. To be timely,
                                                  request involves no significant hazards                 to the submission of a request for                    an electronic filing must be submitted to
                                                  consideration, the Commission may                       hearing or petition to intervene                      the E-Filing system no later than 11:59
                                                  issue the amendment and make it                         (hereinafter ‘‘petition’’), and documents             p.m. Eastern Time on the due date.
                                                  immediately effective, notwithstanding                  filed by interested governmental entities             Upon receipt of a transmission, the E-
                                                  the request for a hearing. Any hearing                  participating under 10 CFR 2.315(c),                  Filing system time-stamps the document
                                                  held would take place after issuance of                 must be filed in accordance with the                  and sends the submitter an email notice
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                                                  the amendment. If the final                             NRC’s E-Filing rule (72 FR 49139;                     confirming receipt of the document. The
                                                  determination is that the amendment                     August 28, 2007, as amended at 77 FR                  E-Filing system also distributes an email
                                                  request involves a significant hazards                  46562, August 3, 2012). The E-Filing                  notice that provides access to the
                                                  consideration, then any hearing held                    process requires participants to submit               document to the NRC’s Office of the
                                                  would take place before the issuance of                 and serve all adjudicatory documents                  General Counsel and any others who
                                                  any amendment unless the Commission                     over the internet, or in some cases to                have advised the Office of the Secretary
                                                  finds an imminent danger to the health                  mail copies on electronic storage media.              that they wish to participate in the


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                                                  87978                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  proceeding, so that the filer need not                  security numbers, home addresses, or                     Facility Operating License Nos. NPF–
                                                  serve the documents on those                            home phone numbers in their filings,                  11 and NPF–18: The amendments
                                                  participants separately. Therefore,                     unless an NRC regulation or other law                 revised the licensing basis related to
                                                  applicants and other participants (or                   requires submission of such                           Alternate Source Term in the Updated
                                                  their counsel or representative) must                   information. However, in some                         Final Safety Analysis Report.
                                                  apply for and receive a digital ID                      instances, a petition will require                       Public comments requested as to
                                                  certificate before a hearing petition to                including information on local                        proposed no significant hazards
                                                  intervene is filed so that they can obtain              residence in order to demonstrate a                   consideration (NSHC): Yes. Public
                                                  access to the document via the E-Filing                 proximity assertion of interest in the                notice of the proposed amendment was
                                                  system.                                                 proceeding. With respect to copyrighted               published in The Ottawa Times on
                                                     A person filing electronically using                 works, except for limited excerpts that               November 15 and November 16, 2016.
                                                  the NRC’s adjudicatory E-Filing system                  serve the purpose of the adjudicatory                 The notice provided an opportunity to
                                                  may seek assistance by contacting the                   filings and would constitute a Fair Use               submit comments on the Commission’s
                                                  NRC Electronic Filing Help Desk                         application, participants are requested               proposed NSHC determination. No
                                                  through the ‘‘Contact Us’’ link located                 not to include copyrighted materials in               comments have been received.
                                                  on the NRC’s public Web site at http://                 their submission.                                        The Commission’s related evaluation
                                                  www.nrc.gov/site-help/e-                                   The Commission will issue a notice or              of the amendment, finding of exigent
                                                  submittals.html, by email to                            order granting or denying a hearing                   circumstances, state consultation, and
                                                  MSHD.Resource@nrc.gov, or by a toll-                    request or intervention petition,                     final NSHC determination are contained
                                                  free call at 1–866–672–7640. The NRC                    designating the issues for any hearing                in a safety evaluation dated November
                                                  Electronic Filing Help Desk is available                that will be held and designating the                 18, 2016.
                                                  between 9 a.m. and 7 p.m., Eastern                      Presiding Officer. A notice granting a                   Attorney for licensee: Bradley J.
                                                  Time, Monday through Friday,                            hearing will be published in the Federal              Fewell, Associate General Counsel,
                                                  excluding government holidays.                          Register and served on the parties to the             Exelon Nuclear, 4300 Winfield Road,
                                                     Participants who believe that they                   hearing.                                              Warrenville, IL 60555.
                                                  have a good cause for not submitting                                                                             NRC Acting Branch Chief: Edward G.
                                                  documents electronically must file an                   Exelon Generation Company, LLC,
                                                                                                          Docket Nos. 50–373 and 50–374, LaSalle                Miller.
                                                  exemption request, in accordance with
                                                  10 CFR 2.302(g), with their initial paper               County Station (LSCS), Units 1 and 2,                   Dated at Rockville, Maryland, this 23rd day
                                                  filing stating why there is good cause for              LaSalle County, Illinois                              of November 2016.
                                                  not filing electronically and requesting                   Date of amendment request:                           For the Nuclear Regulatory Commission.
                                                  authorization to continue to submit                     September 30, 2016, as supplemented                   Anne T. Boland,
                                                  documents in paper format. Such filings                 by letter dated November 8, 2016.                     Director, Division of Operating Reactor
                                                  must be submitted by: (1) First class                      Description of amendment request:                  Licensing, Office of Nuclear Reactor
                                                  mail addressed to the Office of the                     The amendments revised the LSCS                       Regulation.
                                                  Secretary of the Commission, U.S.                       licensing basis related to Alternate                  [FR Doc. 2016–28990 Filed 12–5–16; 8:45 am]
                                                  Nuclear Regulatory Commission,                          Source Term Analysis in the Updated                   BILLING CODE 7590–01–P
                                                  Washington, DC 20555–0001, Attention:                   Final Safety Analysis Report to allow
                                                  Rulemaking and Adjudications Staff; or                  operation with and movement of
                                                  (2) courier, express mail, or expedited                 irradiated Atrium-10 fuel bundles                     NUCLEAR REGULATORY
                                                  delivery service to the Office of the                   containing part length rods that have                 COMMISSION
                                                  Secretary, 11555 Rockville Pike,                        been in operation above 62,000                        [NRC–2016–0122]
                                                  Rockville, Maryland 20852, Attention:                   megawatt days per metric ton of
                                                  Rulemaking and Adjudications Staff.                     uranium (MWD/MTU), which is the                       Program-Specific Guidance About
                                                  Participants filing a document in this                  current rod average burnup limit                      Medical Use Licenses
                                                  manner are responsible for serving the                  specified in Footnote 11 of NRC
                                                  document on all other participants.                     Regulatory Guide (RG) 1.183,                          AGENCY: Nuclear Regulatory
                                                  Filing is considered complete by first-                 ‘‘Alternative Radiological Source Terms               Commission.
                                                  class mail as of the time of deposit in                 for Evaluating Design Basis Accidents at              ACTION: Draft NUREG; request for
                                                  the mail, or by courier, express mail, or               Nuclear Power Reactors,’’ to which                    comments.
                                                  expedited delivery service upon                         LSCS is committed. In addition, the
                                                  depositing the document with the                        change allows use of the release                      SUMMARY:   The U.S. Nuclear Regulatory
                                                  provider of the service. A presiding                    fractions listed in Table 1 of RG 1.183               Commission (NRC) is revising its
                                                  officer, having granted an exemption                    for these Atrium-10 partial length rods               licensing guidance for licenses
                                                  request from using E-Filing, may require                that are currently in the LSCA, Unit 2,               authorizing medical use of byproduct
                                                  a participant or party to use E-Filing if               Cycle 16, reactor core for the remainder              material. The NRC is requesting public
                                                  the presiding officer subsequently                      of the current operating cycle.                       comment on draft NUREG–1556,
                                                  determines that the reason for granting                    Date of issuance: November 18, 2016.               Volume 9, Revision 3, ‘‘Consolidated
                                                  the exemption from use of E-Filing no                      Effective date: As of the date of                  Guidance About Materials Licenses:
                                                  longer exists.                                          issuance and shall be implemented                     Program-Specific Guidance About
                                                     Documents submitted in adjudicatory                  within 10 days from the date of                       Medical Use Licenses.’’ The document
                                                  proceedings will appear in the NRC’s                    issuance.                                             has been updated from the previous
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                                                  electronic hearing docket which is                         Amendment Nos.: Unit 1—221; Unit                   revision to include information on
                                                  available to the public at http://                      2—207. A publicly-available version is                safety culture, security of radioactive
                                                  ehd1.nrc.gov/ehd/, unless excluded                      in ADAMS under Accession No.                          materials, protection of sensitive
                                                  pursuant to an order of the Commission,                 ML16320A182; documents related to                     information, and changes in regulatory
                                                  or the presiding officer. Participants are              these amendments are listed in the                    policies and practices. This document is
                                                  requested not to include personal                       Safety Evaluation enclosed with the                   intended for use by applicants,
                                                  privacy information, such as social                     amendments.                                           licensees, and the NRC staff.


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Document Created: 2016-12-06 02:19:07
Document Modified: 2016-12-06 02:19:07
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
ActionBiweekly notice.
DatesComments must be filed by January 5, 2017. A request for a hearing must be filed by February 6, 2017.
ContactJanet Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384, email: [email protected]
FR Citation81 FR 87964 

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