83 FR 4077 - In the Matter of All Operating Reactor Licensees
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 19 (January 29, 2018)
Federal Register Volume 83, Issue 19 (January 29, 2018)
| Page Range | 4077-4078 | |
| FR Document | 2018-01514 |
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)] [Notices] [Pages 4077-4078] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01514] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2016-0061] In the Matter of All Operating Reactor Licensees AGENCY: Nuclear Regulatory Commission. ACTION: Revised director's decision under 10 CFR 2.206; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a revised director's decision in response to a petition dated February 19, 2016, filed by Roy Mathew, Sheila Ray, Swagata Som, Gurcharan Singh Matharu, Tania Martinez Navedo, Thomas Koshy, and Kenneth Miller (Petitioners), requesting that the NRC take enforcement-related action with regard to all operating nuclear power plants. The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document. DATES: The revised director's decision was issued on January 18, 2018. ADDRESSES: Please refer to Docket ID NRC-2016-0061 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0061. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if 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. FOR FURTHER INFORMATION CONTACT: Tanya Mensah, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3610, email: Tanya.Mensah@nrc.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a revised director's decision (ADAMS Accession No. ML18005A053) under section 2.206 of title 10 of the Code of Federal Regulations (10 CFR), on a petition filed by the Petitioners on February 19, 2016 (ADAMS Accession No. ML16050A223). The Petitioners requested that the NRC take enforcement action against all operating nuclear power plants. Specifically, the Petitioners requested that the NRC either: (1) Issue orders to require immediate corrective actions including compensatory measures to address the operability of electric power systems in accordance with their plant technical specifications, and to implement plant modifications in accordance with current NRC regulatory requirements and staff guidance provided in the references within the 2.206 petition; or (2) issue orders to immediately shut down the nuclear power plants that are operating without addressing the significant design deficiency identified in NRC Bulletin 2012-01, ``Design Vulnerability in Electric Power System,'' dated July 27, 2012, (ADAMS Accession No. ML12074A115) since the licensees are not in compliance with their technical specifications (typically Section 3.8.1) related to onsite and offsite power systems. On February 24, 2016, the NRC's petition manager acknowledged receipt of the petition and offered the Petitioners an opportunity to address the Petition Review Board (PRB). The Petitioners declined an opportunity to address the PRB on the basis that the petition already contained all of the [[Page 4078]] relevant facts to support the PRB's review. The NRC sent a copy of the proposed director's decision to the Petitioners and to the licensees for comment by letters dated September 18, 2017 (ADAMS Accession Nos. ML17156A197 and ML17156A214, respectively). The Petitioners and the licensees were provided the opportunity to provide comments 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 Petitioners provided comments by letter dated October 11, 2017 (ADAMS Accession No. ML17291A040), and the Nuclear Energy Institute (NEI) provided comments, on behalf of licensees, by letter dated October 16, 2017 (ADAMS Accession No. ML17291A846). No new information was provided. To enhance the clarity of the director's decision, the NRC staff revised the description of the NRC's accident sequence precursor (ASP) program provided in Section D of the director's decision, to differentiate between condition and event assessments. The comments from the Petitioners and NEI, along with the NRC staff's responses to the comments, are included as an attachment to the director's decision. The attachment identifies any updates to the director's decision, as a result of comments received from the Petitioners and NEI. On December 12, 2017, the NRC issued a final director's decision (ADAMS Accession No. ML17304A893). Subsequently, the NRC was informed of a minor error in the final director's decision. Specifically, Section D of the final director's decision refers to a December 2015 open phase condition event at Oconee and states, ``Two separate transformers required for safe shutdown of the three operating Oconee nuclear units were identified with open phase conditions.'' This statement is in error because only one Oconee transformer experienced an open phase condition. Although this error does not change the decision in the director's decision, the NRC revised it, as appropriate, for accuracy. The Director, Office of Nuclear Reactor Regulation, has determined that the request(s) to issue orders to operating reactor licensees regarding an open phase condition be denied. The reasons for this decision are explained in the Director's Decision DD-17-04, pursuant to 10 CFR 2.206. 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. Dated at Rockville, Maryland, this 23rd day of January, 2018. For the Nuclear Regulatory Commission. Tanya M. Mensah, Senior Project Manager, ROP Oversight and Generic Communications Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. 2018-01514 Filed 1-26-18; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices 4077
1. The title of the information with the applicant and conducts a site adams.html. To begin the search, select
collection: ‘‘10 CFR part 100, Reactor visit to resolve any open issues. When ‘‘ADAMS Public Documents’’ and then
Site Criteria.’’ the open issues have been resolved, the select ‘‘Begin Web-based ADAMS
2. OMB approval number: 3150–0093. staff writes the final safety evaluation Search.’’ For problems with ADAMS,
3. Type of submission: Extension. report, which is published and used as please contact the NRC’s Public
4. The form number if applicable: Not a basis for the remainder of the NRC Document Room (PDR) reference staff at
applicable. licensing process. 1–800–397–4209, 301–415–4737, or by
5. How often the collection is required email to pdr.resource@nrc.gov. The
or requested: As necessary in order for Dated at Rockville, Maryland, this 17th day
of January 2018. ADAMS accession number for each
the NRC to assess the adequacy of document referenced (if it is available in
proposed seismic design bases and the For the Nuclear Regulatory Commission.
David Cullison,
ADAMS) is provided the first time that
design bases for other site hazards for it is mentioned in this document.
nuclear power and test reactors NRC Clearance Officer, Office of the Chief
Information Officer.
• NRC’s PDR: You may examine and
constructed and licensed in accordance purchase copies of public documents at
with parts 50 and 52 of title 10 of the [FR Doc. 2018–01543 Filed 1–26–18; 8:45 am]
the NRC’s PDR, Room O1–F21, One
Code of Federal Regulations and the BILLING CODE 7590–01–P
White Flint North, 11555 Rockville
Atomic Energy Act of 1954, as amended. Pike, Rockville, Maryland 20852.
6. Who will be required or asked to
NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT:
respond: Applicants who apply for an
early site permit (ESP), combined COMMISSION Tanya Mensah, Office of Nuclear
license (COL) or a construction permit Reactor Regulation, U.S. Nuclear
[NRC–2016–0061] Regulatory Commission, Washington,
(CP) or operating license (OL) on or after
January 10, 1997. DC 20555–0001; telephone: 301–415–
In the Matter of All Operating Reactor 3610, email: Tanya.Mensah@nrc.gov.
7. The estimated number of annual Licensees
responses: 1.3. SUPPLEMENTARY INFORMATION: Notice is
8. The estimated number of annual AGENCY: Nuclear Regulatory hereby given that the Director, Office of
respondents: 1.3. Commission. Nuclear Reactor Regulation, has issued
9. An estimate of the total number of ACTION: Revised director’s decision a revised director’s decision (ADAMS
hours needed annually to comply with under 10 CFR 2.206; issuance. Accession No. ML18005A053) under
the information collection requirement section 2.206 of title 10 of the Code of
or request: 94,900 hours (73,000 hours SUMMARY: The U.S. Nuclear Regulatory Federal Regulations (10 CFR), on a
per application × 1.3 applications). Commission (NRC) has issued a revised petition filed by the Petitioners on
10. Abstract: Title 10 of the Code of director’s decision in response to a February 19, 2016 (ADAMS Accession
Federal Regulations, Part 100, ‘‘Reactor petition dated February 19, 2016, filed No. ML16050A223).
Site Criteria,’’ establish approval by Roy Mathew, Sheila Ray, Swagata The Petitioners requested that the
requirements for proposed sites for the Som, Gurcharan Singh Matharu, Tania NRC take enforcement action against all
purpose of constructing and operating Martinez Navedo, Thomas Koshy, and operating nuclear power plants.
stationary power and testing reactors. Kenneth Miller (Petitioners), requesting Specifically, the Petitioners requested
Subpart B, ‘‘Evaluation Factors for that the NRC take enforcement-related that the NRC either: (1) Issue orders to
Stationary Power Reactor Site action with regard to all operating require immediate corrective actions
Applications on or After January 10, nuclear power plants. The petitioner’s including compensatory measures to
1997,’’ requirements apply to applicants requests and the director’s decision are address the operability of electric power
who apply for an early site permit (ESP), included in the SUPPLEMENTARY systems in accordance with their plant
combined license (COL) or a INFORMATION section of this document. technical specifications, and to
construction permit (CP) or operating DATES: The revised director’s decision implement plant modifications in
license (OL) on or after January 10, was issued on January 18, 2018. accordance with current NRC regulatory
1997. This clearance is necessary since ADDRESSES: Please refer to Docket ID requirements and staff guidance
the NRC is expecting approximately two NRC–2016–0061 when contacting the provided in the references within the
COL, one CP, and one OL application NRC about the availability of 2.206 petition; or (2) issue orders to
over the next 3 years. The applicants information regarding this document. immediately shut down the nuclear
must provide information regarding the You may obtain publicly-available power plants that are operating without
physical characteristics of the site in information related to this document addressing the significant design
addition to the potential for natural using any of the following methods: deficiency identified in NRC Bulletin
phenomena and man-made hazards. • Federal Rulemaking website: Go to 2012–01, ‘‘Design Vulnerability in
This includes information on http://www.regulations.gov and search Electric Power System,’’ dated July 27,
meteorological hazards (such as for Docket ID NRC–2016–0061. Address 2012, (ADAMS Accession No.
hurricanes, tornadoes, snowfall, and questions about NRC dockets to Carol ML12074A115) since the licensees are
extreme temperatures), hydrologic Gallagher; telephone: 301–415–3463; not in compliance with their technical
hazards (such as floods, tsunami, and email: Carol.Gallagher@nrc.gov. For specifications (typically Section 3.8.1)
seiches) geologic hazards (such as technical questions, contact the related to onsite and offsite power
faulting, seismic hazards, and the individual listed in the FOR FURTHER systems.
maximum credible earthquake) and On February 24, 2016, the NRC’s
sradovich on DSK3GMQ082PROD with NOTICES
INFORMATION CONTACT section of this
factors such as population density, the document. petition manager acknowledged receipt
proximity of man-related hazards, and • NRC’s Agencywide Documents of the petition and offered the
site hydrological and atmospheric Access and Management System Petitioners an opportunity to address
dispersion characteristics. The NRC staff (ADAMS): You may obtain publicly- the Petition Review Board (PRB). The
reviews the submitted information and, available documents online in the Petitioners declined an opportunity to
if necessary, generates a request for ADAMS Public Documents collection at address the PRB on the basis that the
additional information. The staff meets http://www.nrc.gov/reading-rm/ petition already contained all of the
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![4078 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices
relevant facts to support the PRB’s the final action of the Commission 25 information related to this document
review. days after the date of the decision unless using any of the following methods:
The NRC sent a copy of the proposed the Commission, on its own motion, • Federal Rulemaking website: Go to
director’s decision to the Petitioners and institutes a review of the director’s http://www.regulations.gov and search
to the licensees for comment by letters decision in that time. for Docket ID NRC–2008–0252. Address
dated September 18, 2017 (ADAMS Dated at Rockville, Maryland, this 23rd day questions about NRC dockets to Carol
Accession Nos. ML17156A197 and of January, 2018. Gallagher; telephone: 301–415–3463;
ML17156A214, respectively). The For the Nuclear Regulatory Commission. email: Carol.Gallagher@nrc.gov. For
Petitioners and the licensees were technical questions, contact the
Tanya M. Mensah,
provided the opportunity to provide individual listed in the FOR FURTHER
comments on any part of the proposed Senior Project Manager, ROP Oversight and
INFORMATION CONTACT section of this
Generic Communications Branch, Division of
director’s decision that was considered document.
Inspection and Regional Support, Office of
to be erroneous or any issues in the Nuclear Reactor Regulation. • NRC’s Agencywide Documents
petition that were not addressed. The Access and Management System
[FR Doc. 2018–01514 Filed 1–26–18; 8:45 am]
Petitioners provided comments by letter (ADAMS): You may obtain publicly-
BILLING CODE 7590–01–P
dated October 11, 2017 (ADAMS available documents online in the
Accession No. ML17291A040), and the ADAMS Public Documents collection at
Nuclear Energy Institute (NEI) provided http://www.nrc.gov/reading-rm/
NUCLEAR REGULATORY
comments, on behalf of licensees, by adams.html. To begin the search, select
COMMISSION
letter dated October 16, 2017 (ADAMS ‘‘ADAMS Public Documents’’ and then
Accession No. ML17291A846). No new select ‘‘Begin Web-based ADAMS
information was provided. To enhance [Docket Nos. 52–025 and 52–026; NRC–
2008–0252] Search.’’ For problems with ADAMS,
the clarity of the director’s decision, the please contact the NRC’s Public
NRC staff revised the description of the Southern Nuclear Operating Company, Document Room (PDR) reference staff at
NRC’s accident sequence precursor Inc., Vogtle Electric Generating Plant, 1–800–397–4209, 301–415–4737, or by
(ASP) program provided in Section D of Units 3 and 4; Containment Air email to pdr.resource@nrc.gov. The
the director’s decision, to differentiate Filtration Exhaust Rooms West Walls ADAMS accession number for each
between condition and event Removal document referenced (if it is available in
assessments. The comments from the ADAMS) is provided the first time that
Petitioners and NEI, along with the NRC AGENCY: Nuclear Regulatory it is mentioned in this document. The
staff’s responses to the comments, are Commission. request for the amendment and
included as an attachment to the ACTION: Exemption and combined exemption was submitted by letter
director’s decision. The attachment license amendment; issuance. dated May 24, 2017 (ADAMS Accession
identifies any updates to the director’s No. ML17144A413), as supplemented
decision, as a result of comments SUMMARY: The U.S. Nuclear Regulatory by letter dated August 31, 2017
received from the Petitioners and NEI. Commission (NRC) is granting an (ADAMS Accession No. ML17243A445).
On December 12, 2017, the NRC exemption to allow a departure from the • NRC’s PDR: You may examine and
issued a final director’s decision certification information of Tier 1 of the purchase copies of public documents at
(ADAMS Accession No. ML17304A893). generic design control document (DCD) the NRC’s PDR, Room O1–F21, One
Subsequently, the NRC was informed of and is issuing License Amendment Nos. White Flint North, 11555 Rockville
a minor error in the final director’s 98 and 97 to Combined Licenses (COL), Pike, Rockville, Maryland 20852.
decision. Specifically, Section D of the NPF–91 and NPF–92, respectively. The FOR FURTHER INFORMATION CONTACT:
final director’s decision refers to a COLs were issued to Southern Nuclear
December 2015 open phase condition Chandu Patel, Office of New Reactors,
Operating Company, Inc., and Georgia U.S. Nuclear Regulatory Commission,
event at Oconee and states, ‘‘Two Power Company, Oglethorpe Power
separate transformers required for safe Washington, DC 20555–0001; telephone:
Corporation, MEAG Power SPVM, LLC, 301–415–3025; email: Chandu.Patel@
shutdown of the three operating Oconee MEAG Power SPVJ, LLC, MEAG Power
nuclear units were identified with open nrc.gov.
SPVP, LLC, Authority of Georgia, and
phase conditions.’’ This statement is in the City of Dalton, Georgia (the SUPPLEMENTARY INFORMATION:
error because only one Oconee licensee); for construction and operation I. Introduction
transformer experienced an open phase of the Vogtle Electric Generating Plant
condition. Although this error does not (VEGP) Units 3 and 4, located in Burke The NRC is granting an exemption
change the decision in the director’s County, Georgia. from paragraph B of section III, ‘‘Scope
decision, the NRC revised it, as The granting of the exemption allows and Contents,’’ of appendix D, ‘‘Design
appropriate, for accuracy. the changes to Tier 1 information asked Certification Rule for the AP1000,’’ to
The Director, Office of Nuclear for in the amendment. Because the part 52 of title 10 of the Code of Federal
Reactor Regulation, has determined that acceptability of the exemption was Regulations (10 CFR), and issuing
the request(s) to issue orders to determined in part by the acceptability License Amendment Nos. 98 and 97 to
operating reactor licensees regarding an of the amendment, the exemption and COLs, NPF–91 and NPF–92,
open phase condition be denied. The amendment are being issued respectively, to the licensee. The
reasons for this decision are explained concurrently. exemption is required by paragraph A.4
of section VIII, ‘‘Processes for Changes
sradovich on DSK3GMQ082PROD with NOTICES
in the Director’s Decision DD–17–04,
pursuant to 10 CFR 2.206. DATES: The exemption and amendment and Departures,’’ appendix D, to 10 CFR
The NRC will file a copy of the were issued on November 14, 2017. part 52 to allow the licensee to depart
director’s decision with the Secretary of ADDRESSES: Please refer to Docket ID from Tier 1 information. With the
the Commission for the Commission’s NRC–2008–0252 when contacting the requested amendment, the licensee
review in accordance with 10 CFR NRC about the availability of sought proposed changes to the Updated
2.206. As provided by this regulation, information regarding this document. Final Safety Analysis Report in the form
the director’s decision will constitute You may obtain publicly-available of departures from the incorporated
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Document Created: 2018-01-27 00:57:44
Document Modified: 2018-01-27 00:57:44
| 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 | Revised director's decision under 10 CFR 2.206; issuance. | |
| Dates | The revised director's decision was issued on January 18, 2018. | |
| Contact | Tanya Mensah, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3610, email: [email protected] | |
| FR Citation | 83 FR 4077 |
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