82 FR 19759 - Pacific Gas and Electric Company
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 81 (April 28, 2017)
Federal Register Volume 82, Issue 81 (April 28, 2017)
| Page Range | 19759-19760 | |
| FR Document | 2017-08609 |
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)] [Notices] [Pages 19759-19760] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08609] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-275 and 50-323; NRC-2016-0080] Pacific Gas and Electric Company AGENCY: Nuclear Regulatory Commission. ACTION: Director's decision under 10 CFR 2.206; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a Petition to Intervene and Request for Hearing concerning Diablo Canyon Power Plant (DCPP) dated August 26, 2014, filed by Friends of the Earth (FOE or petitioner), asserting, in part, its concerns about DCPP's operational safety and ability to safely shut down in the event of a nearby earthquake. The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Please refer to Docket ID NRC-2016-0080 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0080. 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. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of 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. FOR FURTHER INFORMATION CONTACT: Margaret Watford, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1233, email: [email protected]. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a director's decision on a Petition to Intervene and Request for Hearing, filed by the FOE on August 26, 2014, which the Commission referred to the NRC's EDO for consideration under the regulations of section 2.206 of title 10 of the Code of Federal Regulations (10 CFR) in Commission Memorandum and Order (CLl-15-14) dated May 21, 2015. The EDO then referred these concerns to the NRC's Office of Nuclear Reactor Regulation for consideration under 10 CFR 2.206. The petition was supplemented by letters dated September 30, 2015, and February 8, 2016. The petitioner requested that the NRC take enforcement actions to ensure that DCPP can operate safely and demonstrate its ability to safely shut down in the event of an earthquake [[Page 19760]] caused by nearby faults. As the basis of the request, the petitioner states that the ``NRC staff's determination that the new seismic information, including the Shoreline earthquake and its effect on the San Luis Bay and Los Osos faults, is a lesser-included case within the Hosgri earthquake is insufficient to insure that Diablo Canyon is operating safely with an adequate margin of safety.'' On two occasions, the NRC offered FOE opportunities to address the Petition Review Board (PRB), which was established to review FOE's enforcement concerns. In response, on September 30, 2015, and February 8, 2016, FOE provided written submissions to the PRB in lieu of addressing the PRB in person or by telephone. The NRC staff considered these submittals during its evaluation. The NRC sent a copy of the proposed director's decision to the petitioner and the Pacific Gas and Electric Company (the licensee) for comment on February 28, 2017. The petitioner and the licensee were asked to provide comments by March 16, 2017, on any part of the proposed director's decision that was considered to be erroneous or any issues in the petition that were not addressed. The NRC staff did not receive any comments on the proposed director's decision. The Director of the Office of Nuclear Reactor Regulation has determined that the request to take enforcement actions to ensure that DCPP can operate safely and demonstrate its ability to safely shut down in the event of an earthquake caused by nearby faults be denied. The reasons for this decision are explained in the director's decision DD- 17-02 pursuant to section 2.206 of 10 CFR of the Commission's regulations. The NRC will file a copy of the director's decision with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206. As provided by this regulation, the director's decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the director's decision in that time. Availability of Documents The documents identified in the following table are available for public inspection through the NRC's ADAMS. ------------------------------------------------------------------------ Title Date ADAMS Accession No. ------------------------------------------------------------------------ SRM-M150521A-2--Final Director's 4/21/2017 ML17090A182 Decision Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444). Petition to Intervene and 8/26/2014 ML14254A231 Request for Hearing By Friends of the Earth. Commission Memorandum and Order 5/21/2015 ML15141A084 CLI-15-14. SRM-M150521A-2/CLI-15-14--E-mail 9/30/2015 ML15274A054 and Letter to 2.206 Panel, Request Pursuant to 10 CFR 2.206 for Suspension of Operations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power Plant. Friends of the Earth, E-mail, 2/8/2016 ML16040A221 Supplemental Information Regarding Request Pursuant to 10 CFR 2.206 for Suspension of Operations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power Plant. SRM-M150521A-2, Petitioner 2/28/2017 ML17011A205 Letter Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444). SRM-M150521A-2--Licensee Letter 2/28/2017 ML17011A206 Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order CLI-15-14 (CAC Nos. MF6443 and MF6444). ------------------------------------------------------------------------ Dated at Rockville, Maryland, this 21st day of April 2017. For the Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2017-08609 Filed 4-27-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices 19759
The ITAAC for VEGP Unit 3 are in Vogtle Electric Generating Plant Unit 3, NRC about the availability of
Appendix C of the VEGP Unit 3 Docket No. 5200025 information regarding this document.
combined license (ADAMS Accession A complete list of the review status You may obtain publicly-available
No. ML14100A106). The ITAAC for for VEGP Unit 3 ITAAC, including the information related to this document
VEGP Unit 4 are in Appendix C of VEGP submission date and ADAMS Accession using any of the following methods:
Unit 4 combined license (ADAMS Number for each ICN received, the • Federal Rulemaking Web site: Go to
Accession No. ML14100A135). ADAMS Accession Number for each http://www.regulations.gov and search
VEF, and the ADAMS Accession for Docket ID NRC–2016–0080. Address
II. NRC Staff Determination of
Numbers for the inspection reports questions about NRC dockets to Carol
Completion of ITAAC
associated with these specific ITAAC, Gallagher; telephone: 301–415–3463;
The NRC staff has determined that the email: Carol.Gallagher@nrc.gov. For
specified inspections, tests, and can be found on the NRC’s Web site at
http://www.nrc.gov/reactors/new- technical questions, contact the
analyses have been successfully individual listed in the FOR FURTHER
completed, and that the specified reactors/new-licensing-files/vog3-
icnsr.pdf INFORMATION CONTACT section of this
acceptance criteria are met. The document.
documentation of the NRC staff’s Vogtle Electric Generating Plant Unit 4, • NRC’s Agencywide Documents
determination is in the ITAAC Closure Docket No. 5200026 Access and Management System
Verification Evaluation Form (VEF) for (ADAMS): You may obtain publicly-
A complete list of the review status
each ITAAC. The VEF is a form that available documents online in the
for VEGP Unit 4 ITAAC, including the
represents the NRC staff’s structured ADAMS Public Documents collection at
submission date and ADAMS Accession
process for reviewing ICNs. Each ICN http://www.nrc.gov/reading-rm/
Number for each ICN received, the
presents a narrative description of how adams.html. To begin the search, select
ADAMS Accession Number for each
the ITAAC was completed. The NRC’s ‘‘ADAMS Public Documents’’ and then
ICN review process involves a VEF, and the ADAMS Accession
Numbers for the inspection reports select ‘‘Begin Web-based ADAMS
determination on whether, among other Search.’’ For problems with ADAMS,
things: (1) Each ICN provides sufficient associated with these specific ITAAC,
can be found on the NRC’s Web site at please contact the NRC’s Public
information, including a summary of the Document Room (PDR) reference staff at
methodology used to perform the http://www.nrc.gov/reactors/new-
reactors/new-licensing-files/vog4- 1–800–397–4209, 301–415–4737, or by
ITAAC, to demonstrate that the email to pdr.resource@nrc.gov. For the
inspections, tests, and analyses have icnsr.pdf.
convenience of the reader, the ADAMS
been successfully completed; (2) each Dated at Rockville, Maryland, this 17th day
accession numbers are provided in a
ICN provides sufficient information to of April 2017.
table in the ‘‘Availability of Documents’’
demonstrate that the acceptance criteria For the Nuclear Regulatory Commission.
section of this document.
of the ITAAC are met; and (3) any NRC Jennifer Dixon-Herrity, • NRC’s PDR: You may examine and
inspections for the ITAAC have been Chief, Licensing Branch 4, Division of New purchase copies of public documents at
completed and any ITAAC findings Reactor Licensing, Office of New Reactors. the NRC’s PDR, Room O1–F21, One
associated with that ITAAC have been [FR Doc. 2017–08616 Filed 4–27–17; 8:45 am] White Flint North, 11555 Rockville
closed. BILLING CODE 7590–01–P Pike, Rockville, Maryland 20852.
The NRC staff’s determination of the
successful completion of these ITAAC is FOR FURTHER INFORMATION CONTACT:
based on information available at this Margaret Watford, Office of Nuclear
NUCLEAR REGULATORY
time and is subject to the licensee’s Reactor Regulation, U.S. Nuclear
COMMISSION
ability to maintain the condition that Regulatory Commission, Washington,
the acceptance criteria are met. If the [Docket Nos. 50–275 and 50–323; NRC– DC 20555–0001; telephone: 301–415–
staff receives new information that 2016–0080] 1233, email: Margaret.Watford@nrc.gov.
suggests the staff’s determination on any SUPPLEMENTARY INFORMATION: Notice is
Pacific Gas and Electric Company
of these ITAAC is incorrect, then the hereby given that the Director, Office of
staff will determine whether to reopen AGENCY: Nuclear Regulatory Nuclear Reactor Regulation, has issued
that ITAAC (including withdrawing the Commission. a director’s decision on a Petition to
staff’s determination on that ITAAC). ACTION: Director’s decision under 10 Intervene and Request for Hearing, filed
The NRC staff’s determination will be CFR 2.206; issuance. by the FOE on August 26, 2014, which
used to support a subsequent finding, the Commission referred to the NRC’s
pursuant to 10 CFR 52.103(g), at the end SUMMARY: The U.S. Nuclear Regulatory EDO for consideration under the
of construction that all acceptance Commission (NRC) has issued a regulations of section 2.206 of title 10 of
criteria in the combined license are met. director’s decision with regard to a the Code of Federal Regulations (10
The ITAAC closure process is not Petition to Intervene and Request for CFR) in Commission Memorandum and
finalized for these ITAAC until the NRC Hearing concerning Diablo Canyon Order (CLl–15–14) dated May 21, 2015.
makes an affirmative finding under 10 Power Plant (DCPP) dated August 26, The EDO then referred these concerns to
CFR 52.103(g). Any future updates to 2014, filed by Friends of the Earth (FOE the NRC’s Office of Nuclear Reactor
the status of these ITAAC will be or petitioner), asserting, in part, its Regulation for consideration under 10
reflected on the NRC’s Web site at concerns about DCPP’s operational CFR 2.206. The petition was
asabaliauskas on DSK3SPTVN1PROD with NOTICES
http://www.nrc.gov/reactors/new- safety and ability to safely shut down in supplemented by letters dated
reactors/oversight/itaac.html. the event of a nearby earthquake. The September 30, 2015, and February 8,
This notice fulfills the staff’s petitioner’s requests and the director’s 2016.
obligations under 10 CFR 52.99(e)(1) to decision are included in the The petitioner requested that the NRC
publish a notice in the Federal Register SUPPLEMENTARY INFORMATION section of take enforcement actions to ensure that
of the NRC staff’s determination of the this document. DCPP can operate safely and
successful completion of inspections, ADDRESSES: Please refer to Docket ID demonstrate its ability to safely shut
tests and analyses. NRC–2016–0080 when contacting the down in the event of an earthquake
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![19760 Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices
caused by nearby faults. As the basis of telephone. The NRC staff considered caused by nearby faults be denied. The
the request, the petitioner states that the these submittals during its evaluation. reasons for this decision are explained
‘‘NRC staff’s determination that the new The NRC sent a copy of the proposed in the director’s decision DD–17–02
seismic information, including the director’s decision to the petitioner and pursuant to section 2.206 of 10 CFR of
Shoreline earthquake and its effect on the Pacific Gas and Electric Company the Commission’s regulations.
the San Luis Bay and Los Osos faults, (the licensee) for comment on February The NRC will file a copy of the
is a lesser-included case within the 28, 2017. The petitioner and the director’s decision with the Secretary of
Hosgri earthquake is insufficient to licensee were asked to provide the Commission for the Commission’s
insure that Diablo Canyon is operating comments by March 16, 2017, on any review in accordance with 10 CFR
safely with an adequate margin of part of the proposed director’s decision 2.206. As provided by this regulation,
safety.’’ that was considered to be erroneous or the director’s decision will constitute
any issues in the petition that were not the final action of the Commission 25
On two occasions, the NRC offered addressed. The NRC staff did not days after the date of the decision unless
FOE opportunities to address the receive any comments on the proposed the Commission, on its own motion,
Petition Review Board (PRB), which was director’s decision. institutes a review of the director’s
established to review FOE’s The Director of the Office of Nuclear decision in that time.
enforcement concerns. In response, on Reactor Regulation has determined that
September 30, 2015, and February 8, Availability of Documents
the request to take enforcement actions
2016, FOE provided written to ensure that DCPP can operate safely The documents identified in the
submissions to the PRB in lieu of and demonstrate its ability to safely shut following table are available for public
addressing the PRB in person or by down in the event of an earthquake inspection through the NRC’s ADAMS.
ADAMS
Title Date Accession No.
SRM–M150521A–2—Final Director’s Decision Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and 4/21/2017 ML17090A182
Order CLI–15–14 (CAC Nos. MF6443 and MF6444).
Petition to Intervene and Request for Hearing By Friends of the Earth ............................................................................................... 8/26/2014 ML14254A231
Commission Memorandum and Order CLI–15–14 ............................................................................................................................... 5/21/2015 ML15141A084
SRM–M150521A–2/CLI–15–14—E-mail and Letter to 2.206 Panel, Request Pursuant to 10 CFR 2.206 for Suspension of Oper- 9/30/2015 ML15274A054
ations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power
Plant.
Friends of the Earth, E-mail, Supplemental Information Regarding Request Pursuant to 10 CFR 2.206 for Suspension of Oper- 2/8/2016 ML16040A221
ations and Enforcement of Nuclear Regulatory Commission Regulations to Ensure Seismic Safety of Diablo Canyon Power
Plant.
SRM–M150521A–2, Petitioner Letter Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order 2/28/2017 ML17011A205
CLI–15–14 (CAC Nos. MF6443 and MF6444).
SRM–M150521A–2—Licensee Letter Re: Friends of the Earth 2.206 Petition Based on Commission Memorandum and Order 2/28/2017 ML17011A206
CLI–15–14 (CAC Nos. MF6443 and MF6444).
Dated at Rockville, Maryland, this 21st day Wednesday, May 3, 2017—2:00 p.m. timeframe, presenters should provide
of April 2017. Until 5:00 p.m. the DFO with a CD containing each
For the Nuclear Regulatory Commission. presentation at least thirty minutes
The Subcommittee will hear a briefing
William M. Dean, before the meeting. Electronic
on the NRC staff’s NuScale Safety
Director, Office of Nuclear Reactor recordings will be permitted only
Focused Review approach. The
Regulation. Subcommittee will hear presentations during those portions of the meeting
[FR Doc. 2017–08609 Filed 4–27–17; 8:45 am] by and hold discussions with the NRC that are open to the public. Detailed
BILLING CODE 7590–01–P staff and other interested persons procedures for the conduct of and
regarding this matter. The participation in ACRS meetings were
Subcommittee will gather information, published in the Federal Register on
NUCLEAR REGULATORY analyze relevant issues and facts, and October 17, 2016, (81 FR 71543).
COMMISSION formulate proposed positions and Detailed meeting agendas and meeting
actions, as appropriate, for deliberation transcripts are available on the NRC
Advisory Committee on Reactor by the Full Committee. Web site at http://www.nrc.gov/reading-
Safeguards (ACRS); Meeting of the Members of the public desiring to rm/doc-collections/acrs. Information
ACRS Subcommittee on NuScale; provide oral statements and/or written regarding topics to be discussed,
Notice of Meeting comments should notify the Designated changes to the agenda, whether the
Federal Official (DFO), Michael meeting has been canceled or
The ACRS Subcommittee on NuScale Snodderly (Telephone 301–415–2241 or rescheduled, and the time allotted to
will hold a meeting on May 3, 2017, at Email: Michael.Snodderly@nrc.gov) five present oral statements can be obtained
11545 Rockville Pike, Room T–2B3, days prior to the meeting, if possible, so from the Web site cited above or by
Rockville, Maryland 20852. that appropriate arrangements can be contacting the identified DFO.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The meeting will be open to public made. Thirty-five hard copies of each Moreover, in view of the possibility that
attendance with the exception of presentation or handout should be the schedule for ACRS meetings may be
portions that may be closed to protect provided to the DFO thirty minutes adjusted by the Chairman as necessary
information that is proprietary pursuant before the meeting. In addition, one to facilitate the conduct of the meeting,
to 5 U.S.C. 552b(c)(4). The agenda for electronic copy of each presentation persons planning to attend should check
the subject meeting shall be as follows: should be emailed to the DFO one day with these references if such
before the meeting. If an electronic copy rescheduling would result in a major
cannot be provided within this inconvenience.
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Document Created: 2017-04-28 03:03:05
Document Modified: 2017-04-28 03:03:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Director's decision under 10 CFR 2.206; issuance. | |
| Contact | Margaret Watford, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1233, email: [email protected] | |
| FR Citation | 82 FR 19759 |
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