83 FR 44677 - Exelon Generation Company, LLC; Byron Station, Unit Nos. 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range		44677-44680
FR Document		2018-18922

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility Operating License Nos. NPF-37 and NPF-66, issued to Exelon Generation Company (EGC), LLC, for operation of the Byron Station, Unit Nos. 1 and 2. The proposed amendment extends the Completion Time for Technical Specification 3.8.1, ``AC Sources- Operating,'' Required Action A.2, on a one-time, temporary basis based on a risk-informed approach.

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44677-44680]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18922]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-454 and 50-455; NRC-2018-0186]

Exelon Generation Company, LLC; Byron Station, Unit Nos. 1 and 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of amendments to Facility Operating License Nos. NPF-37 and
NPF-66, issued to Exelon Generation Company (EGC), LLC, for operation
of the Byron Station, Unit Nos. 1 and 2. The proposed amendment extends
the Completion Time for Technical Specification 3.8.1, ``AC Sources-
Operating,'' Required Action A.2, on a one-time, temporary basis based
on a risk-informed approach.

DATES: Submit comments by October 1, 2018. Requests for a hearing or
petition for leave to intervene must be filed by October 30, 2018.

ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0186. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: TWFN-A60M, 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: Joel S. Wiebe, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6606, email: Joel.Wiebe@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2018-0186 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0186.
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 ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR)

[[Page 44678]]

reference staff at 1-800-397-4209, 301-415-4737, or by email to
pdr.resource@nrc.gov. The License Amendment Request for a One-Time
Extension to Technical Specification 3.8.1, ``AC Sources-Operating,''
Required Action A.2 is available in ADAMS under Accession No.
ML18226A097.
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-2018-0186 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 will post all comment submissions at http://www.regulations.gov as well as enter 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 into ADAMS.

II. Introduction

The NRC is considering issuance of amendments to Facility Operating
License Nos. NPF-37 and NPF-66, issued to Exelon Generation Company
(EGC), LLC, for operation of the Byron Station, Unit Nos. 1 and 2,
located in Ogle County, Illinois.
The proposed amendment extends the Completion Time for Technical
Specification 3.8.1, ``AC Sources-Operating,'' Required Action A.2, on
a one-time, temporary basis based on a risk-informed approach.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in section 50.92 of title 10 of the Code of
Federal Regulations (10 CFR), this means that operation of the facility
in accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:

1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change will provide a one-time, risk-informed
revision to the CT [COMPLETION TIME] for the loss of one offsite
source for Byron Station, Units 1 and 2 from 72 hours to 79 days.
The proposed one-time extension of the CT for the loss of one
offsite power circuit does not significantly increase the
probability of an accident previously evaluated. The TSs [Technical
Specifications] will continue to require equipment that will power
safety related equipment necessary to perform any required safety
function. The one-time extension of the CT to 79 days does not
affect the design of the Unit 1 SATs [station auxiliary
transformers], the interface of the SATs with other plant systems,
the operating characteristic of the SATs, or the reliability of the
SATs.
The consequence of a loss of offsite power (LOOP) event has been
evaluated in the Byron Station Updated Final Safety Analysis Report
(Reference 23 [in EGC's letter dated August 10, 2018]) and the
Station Blackout evaluation. Increasing the CT for one offsite power
source on a one-time basis from 72 hours to 79 days does not
increase the consequences of a LOOP event nor change the evaluation
of LOOP events. The plant will continue to respond to a LOOP in the
same manner and with the same consequences as previously evaluated.
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 change does not result in a change in the manner in
which the electrical distribution subsystems provide plant
protection. The proposed change will only affect the time allowed to
restore the operability of the offsite power source through a SAT.
The proposed change to extend the TS CT does not affect the
configuration, or operation of the plant. The proposed change to the
CT will facilitate completion of repairs which will restore plant
design to its as-built configuration, and will eliminate the
necessity to shut down both Units if SAT 242-1 fails or requires
maintenance that goes beyond the current TS CT of 72 hours. This
change will support the restoration of the long-term reliability of
the 345kV offsite circuit SAT which is common to both Byron Units.
There are no changes to the SATs or the supporting systems
operating characteristics or conditions. The change to the CT does
not change any existing accident scenarios, nor create any new or
different accident scenarios. In addition, the change does not
impose any new or different requirements or eliminate any existing
requirements. The change does not alter any of the assumptions made
in the safety analysis.
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.
The proposed change does not affect the acceptance criteria for
any analyzed event nor is there a change to any safety limit. The
proposed change does not alter the manner in which safety limits,
limiting safety system settings, or limiting conditions for
operation are determined. Neither the safety analyses nor the safety
analysis acceptance criteria are affected by this change. The
proposed change will not result in plant operation in a
configuration outside the current design basis. The proposed
activity only increases, for a one-time unanticipated occurrence,
the period when Byron Station, Units 1 and 2 may operate with one
offsite power source. The margin of safety is maintained by
maintaining the ability to safely shut down the plant and remove
residual heat.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
Based on the above evaluation, EGC concludes that the proposed
amendments do not involve a significant hazards consideration under
the standards set forth in 10 CFR 50.92(c), and, accordingly, a
finding of no significant hazards consideration is justified.

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
license amendment request involves a no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. 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 notice period if the Commission concludes the amendment involves no

[[Page 44679]]

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.

III. 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 petition for leave 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. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (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.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 must 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 the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must 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 the requirements at 10 CFR 2.309(f) 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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the 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). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
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 establish 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 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 the 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
October 30, 2018. 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. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
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
his or her 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.

IV. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate 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

[[Page 44680]]

submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. 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 Hearing.Docket@nrc.gov, or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 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 adjudicatory documents 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated August 10, 2018 (ADAMS
Accession No. ML18226A097).
Attorney for licensee: Tamra Domeyer, Associate General Counsel,
Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
NRC Branch Chief: David J. Wrona.

Dated at Rockville, Maryland, this 27th day of August 2018.

For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactors, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-18922 Filed 8-30-18; 8:45 am]
BILLING CODE 7590-01-P

44678 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices

reference staff at 1–800–397–4209, 301– with the proposed amendment would CT of 72 hours. This change will support the
415–4737, or by email to pdr.resource@ not (1) involve a significant increase in restoration of the long-term reliability of the
nrc.gov. The License Amendment the probability or consequences of an 345kV offsite circuit SAT which is common
to both Byron Units.
Request for a One-Time Extension to accident previously evaluated; or (2)
There are no changes to the SATs or the
Technical Specification 3.8.1, ‘‘AC create the possibility of a new or supporting systems operating characteristics
Sources-Operating,’’ Required Action different kind of accident from any or conditions. The change to the CT does not
A.2 is available in ADAMS under accident previously evaluated; or (3) change any existing accident scenarios, nor
Accession No. ML18226A097. involve a significant reduction in a create any new or different accident
• NRC’s PDR: You may examine and margin of safety. As required by 10 CFR scenarios. In addition, the change does not
purchase copies of public documents at 50.91(a), the licensee has provided its impose any new or different requirements or
the NRC’s PDR, Room O1–F21, One analysis of the issue of no significant eliminate any existing requirements. The
White Flint North, 11555 Rockville hazards consideration, which is change does not alter any of the assumptions
Pike, Rockville, Maryland 20852. made in the safety analysis.
presented below: Therefore, the proposed changes do not
B. Submitting Comments 1. Does the proposed change involve a create the possibility of a new or different
significant increase in the probability or kind of accident from any previously
Please include Docket ID NRC–2018– consequences of an accident previously evaluated.
0186 in your comment submission. evaluated? 3. Does the proposed change involve a
The NRC cautions you not to include Response: No. significant reduction in a margin of safety?
identifying or contact information that The proposed change will provide a one- Response: No.
you do not want to be publicly time, risk-informed revision to the CT The proposed change does not affect the
disclosed in your comment submission. [COMPLETION TIME] for the loss of one acceptance criteria for any analyzed event
The NRC will post all comment offsite source for Byron Station, Units 1 and nor is there a change to any safety limit. The
submissions at http:// 2 from 72 hours to 79 days. The proposed proposed change does not alter the manner
one-time extension of the CT for the loss of in which safety limits, limiting safety system
www.regulations.gov as well as enter the one offsite power circuit does not settings, or limiting conditions for operation
comment submissions into ADAMS. significantly increase the probability of an are determined. Neither the safety analyses
The NRC does not routinely edit accident previously evaluated. The TSs nor the safety analysis acceptance criteria are
comment submissions to remove [Technical Specifications] will continue to affected by this change. The proposed change
identifying or contact information. require equipment that will power safety will not result in plant operation in a
If you are requesting or aggregating related equipment necessary to perform any configuration outside the current design
comments from other persons for required safety function. The one-time basis. The proposed activity only increases,
submission to the NRC, then you should extension of the CT to 79 days does not affect for a one-time unanticipated occurrence, the
inform those persons not to include the design of the Unit 1 SATs [station period when Byron Station, Units 1 and 2
identifying or contact information that auxiliary transformers], the interface of the may operate with one offsite power source.
SATs with other plant systems, the operating The margin of safety is maintained by
they do not want to be publicly characteristic of the SATs, or the reliability maintaining the ability to safely shut down
disclosed in their comment submission. of the SATs. the plant and remove residual heat.
Your request should state that the NRC The consequence of a loss of offsite power Therefore, the proposed changes do not
does not routinely edit comment (LOOP) event has been evaluated in the involve a significant reduction in a margin of
submissions to remove such information Byron Station Updated Final Safety Analysis safety.
before making the comment Report (Reference 23 [in EGC’s letter dated Based on the above evaluation, EGC
submissions available to the public or August 10, 2018]) and the Station Blackout concludes that the proposed amendments do
entering the comment into ADAMS. evaluation. Increasing the CT for one offsite not involve a significant hazards
power source on a one-time basis from 72 consideration under the standards set forth in
II. Introduction hours to 79 days does not increase the 10 CFR 50.92(c), and, accordingly, a finding
consequences of a LOOP event nor change of no significant hazards consideration is
The NRC is considering issuance of
the evaluation of LOOP events. The plant justified.
amendments to Facility Operating will continue to respond to a LOOP in the
License Nos. NPF–37 and NPF–66, same manner and with the same The NRC staff has reviewed the
issued to Exelon Generation Company consequences as previously evaluated. licensee’s analysis and, based on this
(EGC), LLC, for operation of the Byron Therefore, the proposed changes do not review, it appears that the three
Station, Unit Nos. 1 and 2, located in involve a significant increase in the standards of 10 CFR 50.92(c) are
Ogle County, Illinois. probability or consequences of an accident satisfied. Therefore, the NRC staff
The proposed amendment extends the previously evaluated. proposes to determine that the license
Completion Time for Technical 2. Does the proposed change create the amendment request involves a no
Specification 3.8.1, ‘‘AC Sources- possibility of a new or different kind of significant hazards consideration.
accident from any accident previously The NRC is seeking public comments
Operating,’’ Required Action A.2, on a
evaluated?
one-time, temporary basis based on a Response: No.
on this proposed determination that the
risk-informed approach. The proposed change does not result in a license amendment request involves no
Before any issuance of the proposed change in the manner in which the electrical significant hazards consideration. Any
license amendment, the NRC will need distribution subsystems provide plant comments received within 30 days after
to make the findings required by the protection. The proposed change will only the date of publication of this notice
Atomic Energy Act of 1954, as amended affect the time allowed to restore the will be considered in making any final
(the Act), and NRC’s regulations. operability of the offsite power source determination.
The NRC has made a proposed through a SAT. The proposed change to Normally, the Commission will not
daltland on DSKBBV9HB2PROD with NOTICES

determination that the license extend the TS CT does not affect the issue the amendment until the
amendment request involves no configuration, or operation of the plant. The
expiration of 60 days after the date of
proposed change to the CT will facilitate
significant hazards consideration. Under completion of repairs which will restore publication of this notice. The
the NRC’s regulations in section 50.92 of plant design to its as-built configuration, and Commission may issue the license
title 10 of the Code of Federal will eliminate the necessity to shut down amendment before expiration of the 60-
Regulations (10 CFR), this means that both Units if SAT 242–1 fails or requires day notice period if the Commission
operation of the facility in accordance maintenance that goes beyond the current TS concludes the amendment involves no

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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44679

significant hazards consideration. In controverted. In addition, the petitioner before the issuance of the amendment
addition, the Commission may issue the must provide a brief explanation of the unless the Commission finds an
amendment prior to the expiration of bases for the contention and a concise imminent danger to the health or safety
the 30-day comment period if statement of the alleged facts or expert of the public, in which case it will issue
circumstances change during the 30-day opinion which support the contention an appropriate order or rule under 10
comment period such that failure to act and on which the petitioner intends to CFR part 2.
in a timely way would result, for rely in proving the contention at the A State, local governmental body,
example, in derating or shutdown of the hearing. The petitioner must also Federally-recognized Indian Tribe, or
facility. If the Commission takes action provide references to the specific agency thereof, may submit a petition to
prior to the expiration of either the sources and documents on which the the Commission to participate as a party
comment period or the notice period, it petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition
will publish in the Federal Register a position on the issue. The petition must should state the nature and extent of the
notice of issuance. If the Commission include sufficient information to show petitioner’s interest in the proceeding.
makes a final no significant hazards that a genuine dispute exists with the The petition should be submitted to the
consideration determination, any applicant or licensee on a material issue Commission by October 30, 2018. The
hearing will take place after issuance. of law or fact. Contentions must be petition must be filed in accordance
The Commission expects that the need limited to matters within the scope of with the filing instructions in the
to take this action will occur very the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’
infrequently. one which, if proven, would entitle the section of this document, and should
petitioner to relief. A petitioner who meet the requirements for petitions set
III. Opportunity To Request a Hearing forth in this section, except that under
fails to satisfy the requirements at 10
and Petition for Leave To Intervene 10 CFR 2.309(h)(2) a State, local
CFR 2.309(f) with respect to at least one
Within 60 days after the date of contention will not be permitted to governmental body, or Federally-
publication of this notice, any persons participate as a party. recognized Indian Tribe, or agency
(petitioner) whose interest may be Those permitted to intervene become thereof does not need to address the
affected by this action may file a request parties to the proceeding, subject to any standing requirements in 10 CFR
for a hearing and petition for leave to limitations in the order granting leave to 2.309(d) if the facility is located within
intervene (petition) with respect to the intervene. Parties have the opportunity its boundaries. Alternatively, a State,
action. Petitions shall be filed in to participate fully in the conduct of the local governmental body, Federally-
accordance with the Commission’s hearing with respect to resolution of recognized Indian Tribe, or agency
‘‘Agency Rules of Practice and that party’s admitted contentions, thereof may participate as a non-party
Procedure’’ in 10 CFR part 2. Interested including the opportunity to present under 10 CFR 2.315(c).
persons should consult a current copy evidence, consistent with the NRC’s If a hearing is granted, any person
of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. who is not a party to the proceeding and
are accessible electronically from the Petitions must be filed no later than is not affiliated with or represented by
NRC Library on the NRC’s website at 60 days from the date of publication of a party may, at the discretion of the
http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for presiding officer, be permitted to make
collections/cfr/. Alternatively, a copy of leave to file new or amended a limited appearance pursuant to the
the regulations is available at the NRC’s contentions that are filed after the provisions of 10 CFR 2.315(a). A person
Public Document Room, located at One deadline will not be entertained absent making a limited appearance may make
White Flint North, Room O1–F21, 11555 a determination by the presiding officer an oral or written statement of his or her
Rockville Pike (first floor), Rockville, that the filing demonstrates good cause position on the issues but may not
Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR otherwise participate in the proceeding.
the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at
will rule on the petition and, if must be filed in accordance with the any session of the hearing or at any
appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic prehearing conference, subject to the
issued. Submissions (E-Filing)’’ section of this limits and conditions as may be
As required by 10 CFR 2.309(d) the document. imposed by the presiding officer. Details
petition should specifically explain the If a hearing is requested, and the regarding the opportunity to make a
reasons why intervention should be Commission has not made a final limited appearance will be provided by
permitted with particular reference to determination on the issue of no the presiding officer if such sessions are
the following general requirements for significant hazards consideration, the scheduled.
standing: (1) The name, address, and Commission will make a final
telephone number of the petitioner; (2) determination on the issue of no IV. Electronic Submissions (E-Filing)
the nature of the petitioner’s right under significant hazards consideration. The All documents filed in NRC
the Act to be made a party to the final determination will serve to adjudicatory proceedings, including a
proceeding; (3) the nature and extent of establish when the hearing is held. If the request for hearing and petition for
the petitioner’s property, financial, or final determination is that the leave to intervene (petition), any motion
other interest in the proceeding; and (4) amendment request involves no or other document filed in the
the possible effect of any decision or significant hazards consideration, the proceeding prior to the submission of a
order which may be entered in the Commission may issue the amendment request for hearing or petition to
proceeding on the petitioner’s interest. and make it immediately effective, intervene, and documents filed by
daltland on DSKBBV9HB2PROD with NOTICES

In accordance with 10 CFR 2.309(f), notwithstanding the request for a interested governmental entities that
the petition must also set forth the hearing. Any hearing would take place request to participate under 10 CFR
specific contentions which the after issuance of the amendment. If the 2.315(c), must be filed in accordance
petitioner seeks to have litigated in the final determination is that the with the NRC’s E-Filing rule (72 FR
proceeding. Each contention must amendment request involves a 49139; August 28, 2007, as amended at
consist of a specific statement of the significant hazards consideration, then 77 FR 46562; August 3, 2012). The E-
issue of law or fact to be raised or any hearing held would take place Filing process requires participants to

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Document Created: 2018-08-31 00:53:45
Document Modified: 2018-08-31 00:53:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Submit comments by October 1, 2018. Requests for a hearing or petition for leave to intervene must be filed by October 30, 2018.
Contact		Joel S. Wiebe, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6606, email: [email protected]
FR Citation		83 FR 44677