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9986 Federal Register / Vol. 70, No.

39 / Tuesday, March 1, 2005 / Notices

This meeting will be webcast live at Dated: February 24, 2005. determination. Within 60 days after the
the Web address http://www.nrc.gov. R. Michelle Schroll, date of publication of this notice, the
Office of the Secretary. licensee may file a request for a hearing
Wednesday, April 6, 2005
[FR Doc. 05–3978 Filed 2–25–05; 10:19 am] with respect to issuance of the
9:30 a.m. Briefing on Status of New BILLING CODE 7590–01–M amendment to the subject facility
Site and Reactor Licensing (Public operating license and any person whose
Meeting) (Contact: Steven Bloom, interest may be affected by this
(301) 415–1313). NUCLEAR REGULATORY proceeding and who wishes to
This meeting will be webcast live at COMMISSION participate as a party in the proceeding
the Web address http://www.nrc.gov. must file a written request for a hearing
Thursday, April 7, 2005 Biweekly Notice; Applications and and a petition for leave to intervene.
Amendments to Facility Operating Normally, the Commission will not
1:30 p.m. Meeting with Advisory Licenses Involving No Significant issue the amendment until the
Committee on Reactor Safeguards Hazards Considerations expiration of 60 days after the date of
(ACRS) (Public Meeting) (Contact: publication of this notice. The
John Larkins, (301) 415–7360). I. Background Commission may issue the license
This meeting will be webcast live at Pursuant to section 189a. (2) of the amendment before expiration of the 60-
the Web address http://www.nrc.gov. Atomic Energy Act of 1954, as amended day period provided that its final
* The schedule for Commission (the Act), the U.S. Nuclear Regulatory determination is that the amendment
meetings is subject to change on short Commission (the Commission or NRC involves no significant hazards
notice. To verify the status of meetings staff) is publishing this regular biweekly consideration. In addition, the
call (recording)—(301) 415–1292. notice. The Act requires the Commission may issue the amendment
Contact person for more information: Commission publish notice of any prior to the expiration of the 30-day
Dave Gamberoni, (301) 415–1651. amendments issued, or proposed to be comment period should circumstances
* * * * * issued and grants the Commission the change during the 30-day comment
ADDITIONAL INFORMATION: The authority to issue and make period such that failure to act in a
Commission meeting, ‘‘Briefing on immediately effective any amendment timely way would result, for example in
Nuclear Fuel Performance,’’ originally to an operating license upon a derating or shutdown of the facility.
scheduled at 1 p.m. on Thursday, determination by the Commission that Should the Commission take action
February 24, 2005, was rescheduled at such amendment involves no significant prior to the expiration of either the
10:30 a.m. on the same day due to hazards consideration, notwithstanding comment period or the notice period, it
inclement weather. An archived the pendency before the Commission of will publish in the Federal Register a
webcast of this meeting will be available a request for a hearing from any person. notice of issuance. Should the
at the Web address http://www.nrc.gov. This biweekly notice includes all Commission make a final No Significant
notices of amendments issued, or Hazards Consideration Determination,
* * * * *
The NRC Commission Meeting proposed to be issued from February 4, any hearing will take place after
Schedule can be found on the Internet 2005, through February 17, 2005. The issuance. The Commission expects that
at: http://www.nrc.gov/what-we-do/ last biweekly notice was published on the need to take this action will occur
policy-making/schedule.html. February 15, 2005 (70 FR 7762). very infrequently.
Written comments may be submitted
* * * * * Notice of Consideration of Issuance of
by mail to the Chief, Rules and
The NRC provides reasonable Amendments to Facility Operating
Directives Branch, Division of
accommodation to individuals with Licenses, Proposed No Significant
Administrative Services, Office of
disabilities where appropriate. If you Hazards Consideration Determination,
Administration, U.S. Nuclear Regulatory
need a reasonable accommodation to and Opportunity for a Hearing
Commission, Washington, DC 20555–
participate in these public meetings, or The Commission has made a 0001, and should cite the publication
need this meeting notice or the proposed determination that the date and page number of this Federal
transcript or other information from the following amendment requests involve Register notice. Written comments may
public meetings in another format (e.g. no significant hazards consideration. also be delivered to Room 6D22, Two
braille, large print), please notify the Under the Commission’s regulations in White Flint North, 11545 Rockville
NRC’s Disability Program Coordinator, 10 CFR 50.92, this means that operation Pike, Rockville, Maryland, from 7:30
August Spector, at (301) 415–7080, of the facility in accordance with the a.m. to 4:15 p.m. Federal workdays.
TDD: (301) 415–2100, or by e-mail at proposed amendment would not (1) Copies of written comments received
aks@nrc.gov. Determinations on involve a significant increase in the may be examined at the Commission’s
requests for reasonable accommodation probability or consequences of an Public Document Room (PDR), located
will be made on a case-by-case basis. accident previously evaluated; or (2) at One White Flint North, Public File
* * * * * create the possibility of a new or Area 01F21, 11555 Rockville Pike (first
This notice is distributed by mail to different kind of accident from any floor), Rockville, Maryland. The filing of
several hundred subscribers; if you no accident previously evaluated; or (3) requests for a hearing and petitions for
longer wish to receive it, or would like involve a significant reduction in a leave to intervene is discussed below.
to be added to the distribution, please margin of safety. The basis for this Within 60 days after the date of
contact the Office of the Secretary, proposed determination for each publication of this notice, the licensee
Washington, DC 20555 ((301) 415– amendment request is shown below. may file a request for a hearing with
1969). In addition, distribution of this The Commission is seeking public respect to issuance of the amendment to
meeting notice over the Internet system comments on this proposed the subject facility operating license and
is available. If you are interested in determination. Any comments received any person whose interest may be
receiving this Commission meeting within 30 days after the date of affected by this proceeding and who
schedule electronically, please send an publication of this notice will be wishes to participate as a party in the
electronic message to dkw@nrc.gov. considered in making any final proceeding must file a written request

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9987

for a hearing and a petition for leave to which the petitioner is aware and on petition for leave to intervene should
intervene. Requests for a hearing and a which the petitioner/requestor intends also be sent to the Office of the General
petition for leave to intervene shall be to rely to establish those facts or expert Counsel, U.S. Nuclear Regulatory
filed in accordance with the opinion. The petition must include Commission, Washington, DC 20555–
Commission’s ‘‘Rules of Practice for sufficient information to show that a 0001, and it is requested that copies be
Domestic Licensing Proceedings’’ in 10 genuine dispute exists with the transmitted either by means of facsimile
CFR part 2. Interested persons should applicant on a material issue of law or transmission to (301) 415–3725 or by e-
consult a current copy of 10 CFR 2.309, fact. Contentions shall be limited to mail to OGCMailCenter@nrc.gov. A copy
which is available at the Commission’s matters within the scope of the of the request for hearing and petition
PDR, located at One White Flint North, amendment under consideration. The for leave to intervene should also be
Public File Area 01F21, 11555 Rockville contention must be one which, if sent to the attorney for the licensee.
Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/ Nontimely requests and/or petitions
Publicly available records will be requestor to relief. A petitioner/ and contentions will not be entertained
accessible from the Agencywide requestor who fails to satisfy these absent a determination by the
Documents Access and Management requirements with respect to at least one Commission or the presiding officer of
System’s (ADAMS) Public Electronic contention will not be permitted to the Atomic Safety and Licensing Board
Reading Room on the Internet at the participate as a party. that the petition, request and/or the
NRC Web site, http://www.nrc.gov/ Those permitted to intervene become contentions should be granted based on
reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any a balancing of the factors specified in 10
request for a hearing or petition for limitations in the order granting leave to CFR 2.309(a)(1)(I)–(viii).
leave to intervene is filed within 60 intervene, and have the opportunity to For further details with respect to this
days, the Commission or a presiding participate fully in the conduct of the action, see the application for
officer designated by the Commission or hearing. amendment which is available for
by the Chief Administrative Judge of the If a hearing is requested, and the public inspection at the Commission’s
Atomic Safety and Licensing Board Commission has not made a final PDR, located at One White Flint North,
Panel, will rule on the request and/or determination on the issue of no Public File Area 01F21, 11555 Rockville
petition; and the Secretary or the Chief significant hazards consideration, the Pike (first floor), Rockville, Maryland.
Administrative Judge of the Atomic Commission will make a final Publicly available records will be
Safety and Licensing Board will issue a determination on the issue of no accessible from the ADAMS Public
notice of a hearing or an appropriate significant hazards consideration. The Electronic Reading Room on the Internet
order. final determination will serve to decide at the NRC Web site, http://
As required by 10 CFR 2.309, a when the hearing is held. If the final www.nrc.gov/reading-rm/adams.html. If
petition for leave to intervene shall set determination is that the amendment you do not have access to ADAMS or if
forth with particularity the interest of request involves no significant hazards there are problems in accessing the
the petitioner in the proceeding, and consideration, the Commission may documents located in ADAMS, contact
how that interest may be affected by the issue the amendment and make it the PDR Reference staff at 1 (800) 397–
results of the proceeding. The petition immediately effective, notwithstanding 4209, (301) 415–4737 or by e-mail to
should specifically explain the reasons the request for a hearing. Any hearing pdr@nrc.gov.
why intervention should be permitted held would take place after issuance of
the amendment. If the final AmerGen Energy Company, LLC, Docket
with particular reference to the
determination is that the amendment No. 50–289, Three Mile Island Nuclear
following general requirements: (1) The
request involves a significant hazards Station, Unit 1 (TMI–1), Dauphin
name, address, and telephone number of
consideration, any hearing held would County, Pennsylvania
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s take place before the issuance of any Date of amendment request: June 24,
right under the Act to be made a party amendment. 2004.
to the proceeding; (3) the nature and A request for a hearing or a petition Description of amendment request:
extent of the requestor’s/petitioner’s for leave to intervene must be filed by: The proposed amendment would revise
property, financial, or other interest in (1) First class mail addressed to the Surveillance Requirement (SR) 4.0.2 to
the proceeding; and (4) the possible Office of the Secretary of the extend the delay period, before entering
effect of any decision or order which Commission, U.S. Nuclear Regulatory a Limiting Condition for Operation,
may be entered in the proceeding on the Commission, Washington, DC 20555– following a missed surveillance. The
requestor’s/petitioner’s interest. The 0001, Attention: Rulemaking and delay period would be extended from
petition must also set forth the specific Adjudications Staff; (2) courier, express the current limit of ‘‘ * * * up to 24
contentions which the petitioner/ mail, and expedited delivery services: hours or up to the limit of the specified
requestor seeks to have litigated at the Office of the Secretary, Sixteenth Floor, Frequency, whichever is less’’ to
proceeding. One White Flint North, 11555 Rockville ‘‘ * * * up to 24 hours or up to the limit
Each contention must consist of a Pike, Rockville, Maryland, 20852, of the specified Frequency, whichever is
specific statement of the issue of law or Attention: Rulemaking and greater.’’ In addition, the following
fact to be raised or controverted. In Adjudications Staff; (3) e-mail requirement would be added to SR
addition, the petitioner/requestor shall addressed to the Office of the Secretary, 4.0.2: ‘‘A risk evaluation shall be
provide a brief explanation of the bases U.S. Nuclear Regulatory Commission, performed for any Surveillance delayed
for the contention and a concise HearingDocket@nrc.gov; or (4) facsimile greater than 24 hours and the risk
statement of the alleged facts or expert transmission addressed to the Office of impact shall be managed.’’ In addition,
opinion which support the contention the Secretary, U.S. Nuclear Regulatory a Technical Specifications (TSs) Bases
and on which the petitioner/requestor Commission, Washington, DC, Control Program would be adopted as
intends to rely in proving the contention Attention: Rulemakings and new TS 6.18.
at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, Basis for proposed no significant
must also provide references to those verification number is (301) 415–1966. hazards consideration determination:
specific sources and documents of A copy of the request for hearing and The NRC staff issued a notice of

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9988 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

opportunity for comment in the Federal surveillance would not, in the absence of inspections to extend the allowable
Register on June 14, 2001 (66 FR 32400), other unrelated failures, lead to an accident inspection interval to 20 years.
on possible amendments concerning beyond those previously evaluated. The The NRC staff issued a notice of
missed surveillances, including a model addition of a requirement to assess and availability of a model safety evaluation
manage the risk introduced by the missed
safety evaluation and model no and model no significant hazards
surveillance will further minimize possible
significant hazards consideration concerns. The addition of a Bases Control consideration (NSHC) determination for
(NSHC) determination, using the Program is administrative in nature, and will referencing in license amendment
consolidated line item improvement not create any new accident initiators. Thus, applications in the Federal Register on
process. The NRC staff subsequently this change does not create the possibility of October 22, 2003 (68 FR 60422). The
issued a notice of availability of the a new or different kind of accident from any licensee affirmed the applicability of the
models for referencing in license accident previously evaluated. model NSHC determination in its
amendment applications in the Federal Criterion 3—The Proposed Change Does Not application dated October 15, 2004.
Register on September 28, 2001 (66 FR Involve a Significant Reduction in the Margin Basis for proposed no significant
49714). The licensee affirmed the of Safety hazards consideration determination:
applicability of the following NSHC The extended time allowed to perform a As required by 10 CFR 50.91(a), an
determination in its application dated missed surveillance does not result in a analysis of the issue of no significant
June 24, 2004. significant reduction in the margin of safety. hazards consideration is presented
As required by 10 CFR 50.91(a), an As supported by the historical data, the likely below:
analysis of the issue of no significant outcome of any surveillance is verification
that the LCO [Limiting Condition for (1) The proposed change does not involve
hazards consideration is presented a significant increase in the probability or
Operation] is met. Failure to perform a
below: surveillance within the prescribed frequency consequences of an accident previously
evaluated.
Criterion 1—The Proposed Change Does Not does not cause equipment to become
The proposed change to the RCP flywheel
Involve a Significant Increase in the inoperable. The only effect of the additional
examination frequency does not change the
Probability or Consequences of an Accident time allowed to perform a missed
response of the plant to any accidents. The
Previously Evaluated surveillance on the margin of safety is the
RCP will remain highly reliable and the
extension of the time until inoperable
The proposed change relaxes the time proposed change will not result in a
equipment is discovered to be inoperable by
allowed to perform a missed surveillance and significant increase in the risk of plant
the missed surveillance. However, given the
adds a Bases Control Program. The time operation. Given the extremely low failure
rare occurrence of inoperable equipment, and
between surveillances is not an initiator of probabilities for the RCP motor flywheel
the rare occurrence of a missed surveillance,
any accident previously evaluated. during normal and accident conditions, the
a missed surveillance on inoperable extremely low probability of a loss-of-coolant
Consequently, the probability of an accident equipment would be very unlikely. This
previously evaluated is not significantly accident (LOCA) with loss of offsite power
must be balanced against the real risk of (LOOP), and assuming a conditional core
increased. The equipment being tested is still manipulating the plant equipment or
required to be operable and capable of damage probability (CCDP) of 1.0 (complete
condition to perform the missed surveillance. failure of safety systems), the core damage
performing the accident mitigation functions In addition, parallel trains and alternate
assumed in the accident analysis. As a result, frequency (CDF) and change in risk would
equipment are typically available to perform still not exceed the NRC’s acceptance
the consequences of any accident previously
the safety function of the equipment not guidelines contained in Regulatory Guide
evaluated are not significantly affected. Any
tested. Thus, there is confidence that the (RG) 1.174 (<1.0E–6 per year). Moreover,
reduction in confidence that a standby
equipment can perform its assumed safety considering the uncertainties involved in this
system might fail to perform its safety
function. The addition of a Bases Control evaluation, the risk associated with the
function due to a missed surveillance is
Program is administrative in nature, serves to postulated failure of an RCP motor flywheel
small and would not, in the absence of other
ensure that changes to the Bases are made in is significantly low. Even if all four RCP
unrelated failures, lead to an increase in
accordance with approved criteria, and will motor flywheels are considered in the
consequences beyond those estimated by
not have a significant affect on the margin of bounding plant configuration case, the risk is
existing analyses. The addition of a
requirement to assess and manage the risk safety. still acceptably low.
introduced by the missed surveillance will Therefore, this change does not The proposed change does not adversely
further minimize possible concerns. The involve a significant reduction in a affect accident initiators or precursors, nor
addition of a new Section 6.18 to add a Bases alter the design assumptions, conditions, or
margin of safety. Based upon the configuration of the facility, or the manner in
Control Program has no effect on the
reasoning presented above and the which the plant is operated and maintained;
operation or testing of any plant equipment
and would not affect any accident initiator. previous discussion of the amendment alter or prevent the ability of structures,
The addition of a Bases Control Program is request, the requested change does not systems, components (SSCs) from performing
administrative in nature, and would not involve a significant hazards their intended function to mitigate the
affect the probability or consequences of an consideration. consequences of an initiating event within
accident. Therefore, this change does not Attorney for licensee: Thomas S. the assumed acceptance limits; or affect the
involve a significant increase in the O’Neill, Associate General Counsel, source term, containment isolation, or
probability or consequences of an accident radiological release assumptions used in
AmerGen Energy Company, LLC, 4300 evaluating the radiological consequences of
previously evaluated. Winfield Road, Warrenville, IL 60555. an accident previously evaluated. Further,
Criterion 2—The Proposed Change Does Not NRC Section Chief: Richard J. Laufer. the proposed change does not increase the
Create the Possibility of a New or Different type or amount of radioactive effluent that
Kind of Accident From Any Previously Carolina Power & Light Company, et al., may be released offsite, nor significantly
Evaluated Docket No. 50–400, Shearon Harris increase individual or cumulative
The proposed change does not involve a Nuclear Power Plant, Unit 1, Wake and occupational/public radiation exposure. The
physical alteration of the plant (no new or Chatham Counties, North Carolina proposed change is consistent with the safety
different type of equipment will be installed) Date of amendment request: October analysis assumptions and resultant
or a change in the methods governing normal consequences. Therefore, the proposed
plant operation. A missed surveillance will
15, 2004. change does not involve a significant
not, in and of itself, introduce new failure Description of amendment request: increase in the probability or consequences
modes or effects and any increased chance The proposed amendment revises of an accident previously evaluated.
that a standby system might fail to perform surveillance requirements related to the (2) The proposed change does not create
its safety function due to a missed reactor coolant pump flywheel the possibility of a new or different kind of

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9989

accident from any accident previously revised approach results in the offsite UFSAR also discusses a fuel handling
evaluated. disposal of a larger percentage of the accident in the fuel building, involving the
The proposed change in flywheel concrete structures (approximately 75% drop of a spent fuel assembly onto the fuel
inspection frequency does not involve any of that which would remain under the racks. The postulated drop assumes the
change in the design or operation of the RCP. rupture of all fuel rods in the associated
Nor does the change to examination
current approach). The overall effect
assembly. The probability or consequences of
frequency affect any existing accident results in a smaller amount of this accident would not be increased during
scenarios, or create any new or different radioactivity contained in concrete to any future fuel operations in the spent fuel
accident scenarios. Further, the change does remain on-site than is allowed by the building related to decommissioning.
not involve a physical alteration of the plant current LTP. The method of calculating Transfer of the spent fuel to canisters for dry
(i.e., no new or different type of equipment the future groundwater pathway dose cask storage involves additional restrictions
will be installed) or alter the methods using the concrete debris model is being contained in the cask certificate of
governing normal plant operation. In revised to an inventory based approach compliance in order to maintain
addition, the change does not impose any which will include activity inventories decommissioning activities within the
new or different requirements or eliminate assumptions of and consequences of the fuel
any existing requirements, and does not alter
from the containment liner, embedded
handling accident. No systems, structures, or
any assumptions made in the safety analysis. piping inside surfaces and radioactivity
components that could initiate or be required
The proposed change is consistent with the released from volumetrically to mitigate consequences of an accident are
safety analysis assumptions and current plant contaminated concrete (which is affected by the amendment request in any
operating practice. Therefore, the proposed controlled by diffusion rate through way not previously evaluated in the HNP
change does not create the possibility of a basement walls and flowable fill). The UFSAR. Therefore, the amendment request
new or different kind of accident from any concrete that will remain is in the does not involve any increase in the
accident previously evaluated. containment lower walls and floor mat, probability or consequences of any accident
(3) The proposed change does not involve the in-core instrumentation sump, and previously evaluated.
a significant reduction in a margin of safety. B. Create the possibility of a new or
The proposed change does not alter the
the lower walls and floor of the spent
fuel pool in the fuel building. The different kind of accident from any accident
manner in which safety limits, limiting safety previously evaluated.
system settings, or limiting conditions for Basement Fill Model will also be used
Accident analyses related to
operation are determined. The safety analysis for other basements and footings that decommissioning activities are addressed in
acceptance criteria are not impacted by this will remain on site using the results of the HNP UFSAR. The activities included in
change. The proposed change will not result future characterization surveys. the amendment request are within the
in plant operation in a configuration outside 2. Additionally, CYAPCO proposes to bounds of those considered in the HNP
of the design basis. The calculated impact on include surface contamination release UFSAR. Thus, the amendment request does
risk is insignificant and meets the acceptance levels for other pipe diameters that may not affect plant systems, structures, or
criteria contained in RG 1.174. There are no components in any way previously evaluated
be encountered during the
significant mechanisms for inservice in the HNP UFSAR. The amendment request
degradation of the RCP flywheel. Therefore, decommissioning beyond that currently
included in the LTP for 4 inch piping. does not introduce any new failure modes.
the proposed change does not involve a Therefore, the amendment request will not
significant reduction in a margin of safety. Basis for proposed no significant
hazards consideration determination: create the possibility of a new or different
The NRC staff proposes to determine As required by 10 CFR 50.91(a), the kind of accident from any previously
that the amendment request involves no evaluated.
licensee has provided its analysis of the C. Involve a significant reduction in a
significant hazards consideration. issue of no significant hazards
Attorney for licensee: David T. margin of safety.
consideration, which is presented The HNP LTP is a plan for demonstrating
Conley, Associate General Counsel II— below: compliance with radiological criteria for
Legal Department, Progress Energy license termination as provided in 10 CFR
Service Company, LLC, Post Office Box In accordance with 10 CFR 50.92, CYAPCO
has reviewed the amendment request and 20.1402. The margin of safety defined in the
1551, Raleigh, North Carolina 27602. statements of consideration for the final rule
concluded that the amendment request does
NRC Section Chief: Michael L. not involve a Significant Hazards on the Radiological Criteria for License
Marshall, Jr. Consideration (SHC). The basis for this Termination is described as the margin
conclusion is that the three criteria of 10 CFR between 100 mrem/yr public dose limit
Connecticut Yankee Atomic Power established in 10 CFR 20.1301 for licensed
Company, Docket No. 50–213, Haddam 50.92(c) are not compromised. The
amendment request does not involve an SHC operation and the 25 mrem/yr dose limit to
Neck Plant, Middlesex County, because the amendment request would not: the average member of the critical group at
Connecticut A. Involve a significant increase in the a site considered acceptable for unrestricted
Date of amendment request: probability or consequences of an accident use (one of the criteria of 10 CFR 20.1402).
December 1, 2004. previously evaluated. This margin of safety accounts for the
The activities included in the amendment potential effects of multiple sources of
Description of amendment requests:
request are within the bounds of those radiation exposure to the critical group.
The Haddam Neck Plant (HNP) is Since the HNP LTP was designed to comply
contained in the HNP Updated Final Safety
currently undergoing active Analysis Report (UFSAR). The HNP UFSAR with the radiological criteria for license
decommissioning. The proposed Chapter 15 provides a discussion of the termination for unrestricted use, this license
amendment would revise the License radiological events postulated to occur as a amendment request supports this margin of
Termination Plan (LTP) to revise the result of decommissioning activities with safety. Also, as previously discussed, the
buried debris dose model and surface bounding consequences resulting from a bounding accident for decommissioning is
contamination release limits for various resin container accident. This accident is the resin container accident. Since the
piping sizes. Specifically CYAPCO expected to contain more potential airborne bounding decommissioning accident results
proposes to: activity than can be released from other in more airborne radioactivity than can be
decommissioning events. The radionuclide released from the other decommissioning
1. Modify the dose model for
distribution assumed for the resin container events, the margin of safety associated with
volumetrically contaminated concrete, has a greater inventory of transuranics consequences of decommissioning accidents
rebar (hereafter referred to as simply radionuclides (major dose contributor) than is not reduced by this amendment request.
‘‘concrete’’), the containment liner and the distribution of plant derived Thus, the amendment request does not
embedded piping in basements that are radionuclides in the components involved in involve a significant reduction in the margin
to remain in place at the HNP site. The other decommissioning activities. The HNP of safety.

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9990 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

The NRC staff has reviewed the approved by the NRC, and are unchanged by probability or consequences of an accident
licensee’s analysis and, based on this this LAR. The change contained in this LAR previously evaluated.
review, it appears that the three merely revises the McGuire TS in an 2. Does the proposed change create the
administrative manner in order to conform possibility of a new or different kind of
standards of 10 CFR 50.92(c) are
with a Duke licensing action that has been accident from any accident previously
satisfied. Therefore, the NRC staff previously approved by the NRC. Therefore evaluated?
proposes to determine that the the change proposed in this amendment Response: No.
amendment request involves no request has no impact on margin of safety. The proposed change does not involve a
significant hazards consideration. physical alteration of the plant, add any new
NRC Section Chief: Claudia Craig. The NRC staff has reviewed the
equipment, or require any existing
licensee’s analysis and, based on this equipment to be operated in a manner
Duke Power Corporation (DPC), Docket review, it appears that the three different from the present design. Therefore,
Nos. 50–369 and 50–370, McGuire standards of 10 CFR 50.92(c) are the proposed change does not create the
Nuclear Station (McGuire), Units 1 and satisfied. Therefore, the NRC staff possibility of a new or different kind of
2, Mecklenburg County, North Carolina proposes to determine that the accident from any accident previously
Date of amendment request: January amendment request involves no evaluated.
significant hazards consideration. 3. Does the proposed change involve a
19, 2005.
Attorney for licensee: Ms. Lisa F. significant reduction in a margin of safety?
Description of amendment request: Response: No.
The proposed amendments would Vaughn, Duke Energy Corporation, 422
This is an administrative change to
revise the McGuire, Units 1 and 2, South Church Street, Charlotte, North reporting requirements of plant operating
Technical Specification (TS) 5.6.5.b to Carolina 28201–1006. information and occupational radiation
add an NRC-approved Topical Report to NRC Section Chief: John A. Nakoski. exposure data, and has no effect on plant
the list of analytical methods used to Entergy Gulf States, Inc., and Entergy equipment, operating practices or safety
determine core operating limits. Operations, Inc., Docket No. 50–458, analyses assumptions. For these reasons, the
Basis for proposed no significant proposed change does not involve a
River Bend Station, Unit 1, West significant reduction in the margin of safety.
hazards consideration determination: Feliciana Parish, Louisiana
As required by 10 CFR 50.91(a), the The NRC staff proposes to determine
licensee has provided its analysis of the Date of amendment request: that the amendment request involves no
issue of no significant hazards December 20, 2004. significant hazards consideration.
consideration, which is presented Description of amendment request: Attorney for licensee: Mark
below: The requested change will delete Wetterhahn, Esq., Winston & Strawn,
Technical Specification (TS) 5.5.1, 1400 L Street, NW., Washington, DC
Criterion 1—Does this LAR Involve a ‘‘Occupational Radiation Exposure 20005.
Significant Increase in the Probability or Report,’’ and TS 5.6.4, ‘‘Monthly NRC Section Chief: Allen G. Howe.
Consequences of an Accident Previously Operating Reports.’’
Evaluated? The NRC staff issued a notice of Entergy Nuclear Operations, Inc.,
No. This LAR makes an administrative availability of a model no significant Docket No. 50–293, Pilgrim Nuclear
change to Technical Specification (TS) hazards consideration (NSHC) Power Station, Plymouth County,
5.6.5.b, ‘‘Core Operating Limits Report determination for referencing in license Massachusetts
(COLR).’’ This TS contains a listing of
amendment applications in the Federal Date of amendment request:
documents (analytical methods) that are used
to determine core operating limits. These Register on June 23, 2004 (69 FR 35067). December 14, 2004.
documents are separately and individually The licensee affirmed the applicability Description of amendment request:
reviewed and approved by the NRC. The of the model NSHC determination in its The proposed amendment would
current LAR adds a new document, DPC– application dated December 20, 2004. eliminate certain administrative
NE–1005P–A, ‘‘Duke Power Nuclear Design Basis for proposed no significant requirements for safety limit violations
Methodology Using CASMO–4/SIMULATE–3 hazards consideration determination: that are adequately addressed in 10 CFR
MOX,’’ (DPC Proprietary), to the list in TS As required by 10 CFR 50.91(a), an
5.6.5.b. Topical Report ‘‘DPC–NE–1005P–A’’
50.36(c)(1)(i)(A), 10 CFR 50.72, 10 CFR
analysis of the issue of no significant 50.73, and by procedures; replace plant-
has been previously reviewed by the NRC
and determined to be appropriate for use at hazards consideration is presented specific titles with generic titles; remove
McGuire. The NRC’s determination was below: the remaining responsibilities of the
documented in a safety evaluation report 1. Does the proposed change involve a Operations Review Committee; replace
dated August 20, 2004. Based on these significant increase in the probability or descriptive details specified in
considerations, it has been determined that consequences of an accident previously Technical Specification (TS) 3.13.A.1
the proposed administrative change has no evaluated? associated with 10 CFR 50.55a(f),
impact on any accident probabilities or Response: No.
consequences.
‘‘Inservice Testing Requirements,’’ with
The proposed change eliminates the reference to the ‘‘Inservice Code Testing
Criterion 2—Does This LAR Create the Technical Specifications (TSs) reporting
requirements to provide a monthly operating
Program’’; make administrative changes
Possibility of a New or Different Kind of
Accident From Any Accident Previously report of shutdown experience and operating to TS 5.5.4, ‘‘Radioactive Effluent
Evaluated? statistics if the equivalent data is submitted Controls Program’’; and make editorial
using an industry electronic database. It also corrections and clarifications.
No. This LAR is solely administrative in
eliminates the TS reporting requirement for Basis for proposed no significant
nature since it only adds an NRC-approved
licensing basis document to the TS. No new an annual occupational radiation exposure hazards consideration determination:
accident causal mechanisms will be created report, which provides information beyond As required by 10 CFR 50.91(a), the
as a result of the NRC approval of this LAR. that specified in NRC regulations. The licensee has provided its analysis of the
proposed change involves no changes to issue of no significant hazards
Criterion 3—Does This LAR Involve a plant systems or accident analyses. As such,
Significant Reduction in a Margin of Safety? consideration, which is presented
the change is administrative in nature and
No. This LAR is solely administrative in does not affect initiators of analyzed events
below:
nature. The analytical methodologies used to or assumed mitigation of accidents or Entergy has evaluated whether or not a
generate the core operating limits are transients. Therefore, the proposed change significant hazards consideration is involved
separately and individually reviewed and does not involve a significant increase in the with the proposed amendment(s) by focusing

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9991

on the three standards set forth in 10 CFR Entergy Nuclear Operations, Inc., probability or consequences of an accident
50.92, ‘‘Issuance of amendment,’’ as Docket No. 50–293, Pilgrim Nuclear previously evaluated.
discussed below: Power Station, Plymouth County, 2. Does the proposed change create the
1. Does the proposed change involve a possibility of a new or different kind of
Massachusetts
significant increase in the probability or accident from any accident previously
consequences of an accident previously Date of amendment request: evaluated?
evaluated? December 14, 2004. Response: No. The proposed change does
Response: No. The proposed change is not involve any physical alteration of plant
Description of amendment request: equipment and does not change the method
administrative in nature and does not involve
The proposed amendment would by which any safety-related system performs
the modification of any plant equipment or
affect basic plant operation. There is no
remove the additional requirement to its function. As such, no new or different
impact to any accident previously evaluated. perform functional testing of the types of equipment will be installed, and the
Therefore, the proposed change does not Average Power Range Monitor (APRM) basic operation of installed equipment is
involve a significant increase in the and Anticipated Transient Without unchanged. The methods governing plant
probability or consequences of an accident Scram Recirculation Pump Trip operation and testing remain consistent with
current safety analysis assumptions.
previously evaluated. Alternate Rod Insertion instrumentation
2. Does the proposed change create the Therefore, the proposed change does not
on each startup, even when the create the possibility of a new or different
possibility of a new or different kind of nominally required quarterly testing is kind of accident from any accident
accident from any accident previously current. Additionally, performance of previously evaluated.
evaluated?
the APRM High Flux heat balance 3. Does the proposed change involve a
Response: No. The proposed change does
calibration is modified to apply only significant reduction in a margin of safety?
not involve any physical alteration of plant Response: No. The proposed changes do
equipment and does not change the method after 12 hours at >25% power.
Additional editorial clarifications not negate any existing equipment or system
by which any safety-related system performs performance requirements, and do not
its function. As such, no new or different related to Table 4.2.A through 4.2.G,
adversely affect existing plant safety margins
types of equipment will be installed, and the Note 2 and associated Table references or the reliability of the equipment assumed
basic operation of installed equipment is are also proposed. to operate in the safety analysis. As such,
unchanged. The methods governing plant Basis for proposed no significant there are no changes being made to safety
operation and testing remain consistent with hazards consideration determination: analysis assumptions, safety limits or safety
current safety analysis assumptions. system settings that would adversely affect
As required by 10 CFR 50.91(a), the
Therefore, the proposed change does not plant safety as a result of the proposed
create the possibility of a new or different licensee has provided its analysis of the
issue of no significant hazards change.
kind of accident from any accident Therefore, the proposed change does not
previously evaluated. consideration, which is presented
involve a significant reduction in a margin of
3. Does the proposed change involve a below: safety.
significant reduction in a margin of safety? 1. Does the proposed change involve a
Response: No. The proposed change The NRC staff has reviewed the
significant increase in the probability or
represents the relocation of specific consequences of an accident previously
licensee’s analysis and, based on this
Technical Specification requirements, based evaluated? review, it appears that the three
on regulatory guidance and previously Response: No. The proposed changes to standards of 50.92(c) are satisfied.
approved changes for other stations or eliminate startup-related functional testing, Therefore, the NRC staff proposes to
deletion of detail redundant to regulations or even when the nominally required quarterly determine that the amendment request
no longer applicable (i.e., expired one-time testing is current, will not result in a involves no significant hazards
exceptions). The proposed change is significant increase in the probability or consideration.
administrative in nature, does not negate or consequences of an accident previously Attorney for licensee: J. M. Fulton,
revise any existing requirement, and does not evaluated because there is no change to the
adversely affect existing plant safety margins
Esquire, Assistant General Counsel,
requirement that the instrument channels
or the reliability of the equipment assumed Pilgrim Nuclear Power Station, 600
remain operable and are periodically tested
to operate in the safety analysis. As such, throughout the time that the associated Rocky Hill Road, Plymouth,
there are no changes being made to safety function is required. The surveillance Massachusetts, 02360–5599.
analysis assumptions, safety limits or safety continues to be performed at the normal NRC Section Chief: Darrell Roberts.
system settings that would adversely affect frequency and the normal surveillance Entergy Nuclear Operations, Inc.,
plant safety as a result of the proposed frequency has been shown, based on
change. Margins of safety are unaffected by Docket No. 50–293, Pilgrim Nuclear
operating experience, to be adequate for
requirements that are retained, but relocated assuring that required conditions are Power Station, Plymouth County,
from the Technical Specifications. Therefore, established and maintained. Massachusetts
the proposed change does not involve a Delaying the APRM [Average Power Range Date of amendment request:
significant reduction in a margin of safety. Monitor] heat balance calibration until December 14, 2004.
conditions allow for accurate results will not Description of amendment request:
The NRC staff has reviewed the result in a significant increase in the The proposed amendment would
licensee’s analysis and, based on this probability or consequences of an accident
relocate various requirements from the
review, it appears that the three previously evaluated because there is no
change to the requirement that the Technical Specification (TS) to the Final
standards of 50.92(c) are satisfied.
instrument channels remain operable. The Safety Analysis Report (FSAR) or TS
Therefore, the NRC staff proposes to
ability of the APRMs to adequately respond Bases.
determine that the amendment request Basis for proposed no significant
to power excursions from < 25% that assume
involves no significant hazards an APRM trip at 120% is not significantly hazards consideration determination:
consideration. impacted by deferring the APRM-to-heat As required by 10 CFR 50.91(a), the
Attorney for licensee: J.M. Fulton, balance calibration from the currently licensee has provided its analysis of the
Esquire, Assistant General Counsel, required 15% power, until the proposed 12 issue of no significant hazards
Pilgrim Nuclear Power Station, 600 hours after ≥ 25% power. Additional consideration, which is presented
Rocky Hill Road, Plymouth, editorial changes have no technical or
operational impact.
below:
Massachusetts, 02360–5599. Therefore, the proposed change does not 1. Does the proposed change involve a
NRC Section Chief: Darrell Roberts. involve a significant increase in the significant increase in the probability or

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9992 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

consequences of an accident previously Entergy Operations, Inc., System Energy information and occupational radiation
evaluated? Resources, Inc., South Mississippi exposure data, and has no effect on plant
Response: No. The proposed relocations Electric Power Association, and Entergy equipment, operating practices or safety
are administrative in nature and do not Mississippi, Inc., Docket No. 50–416, analyses assumptions. For these reasons, the
involve the modification of any plant proposed change does not involve a
Grand Gulf Nuclear Station, Unit 1, significant reduction in the margin of safety.
equipment or affect basic plant operation. Claiborne County, Mississippi
The associated instrumentation and The NRC staff proposes to determine
Date of amendment request:
inspections are not assumed to be an initiator that the amendment request involves no
December 17, 2004.
of any analyzed event, nor are these limits
Description of amendment request: significant hazards consideration.
assumed in the mitigation of consequences of Attorney for licensee: Nicholas S.
The proposed amendment would delete
accidents. Reynolds, Esquire, Winston and Strawn,
the Technical Specification (TS)
Therefore, the proposed change does not 1400 L Street, NW., 12th Floor,
requirements to submit monthly
involve a significant increase in the Washington, DC 20005–3502
operating reports and occupational
probability or consequences of an accident NRC Section Chief: Allen G. Howe.
radiation exposure reports.
previously evaluated.
The NRC staff issued a notice of Florida Power Corporation, et al.,
2. Does the proposed change create the
availability of a model no significant Docket No. 50–302, Crystal River Unit 3
possibility of a new or different kind of
hazards consideration (NSHC) Nuclear Generating Plant, Citrus
accident from any accident previously
determination for referencing in County, Florida
evaluated?
licensing amendment applications in
Response: No. The proposed change does Date of amendment request: October
the Federal Register on June 23, 2004
not involve any physical alteration of plant 15, 2004.
equipment and does not change the method
(69 FR 35067). The licensee affirmed the
applicability of the model NSHC Description of amendment request:
by which any safety-related system performs The proposed amendment revises
its function. As such, no new or different
determination in its application dated
December 17, 2004. surveillance requirements related to the
types of equipment will be installed, and the reactor coolant pump (RCP) flywheel
basic operation of installed equipment is
Basis for proposed no significant
hazards consideration determination: inspections to extend the allowable
unchanged. The methods governing plant inspection interval to 20 years.
operation and testing remain consistent with
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the The NRC staff issued a model safety
current safety analysis assumptions. evaluation and model no significant
Therefore, the proposed change does not issue of NSHC, which is presented
below: hazards consideration (NSHC)
create the possibility of a new or different determination for referencing in license
kind of accident from any accident 1. Does the proposed change involve a
significant increase in the probability or
amendment applications in the Federal
previously evaluated.
consequences of an accident previously Register on June 24, 2003 (68 FR 37590).
3. Does the proposed change involve a
evaluated? The notice of availability of the model
significant reduction in a margin of safety?
Response: No application was issued on October 22,
Response: No. The proposed changes to
The proposed change eliminates the 2003 (68 FR 60422). The licensee
relocate current TS requirements to the Technical Specifications (TSs) reporting affirmed the applicability of the model
FSAR, consistent with regulatory guidance requirements to provide a monthly operating
and previously approved changes for other
NSHC determination in its application
report of shutdown experience and operating
stations, are administrative in nature. These
dated October 15, 2004.
statistics if the equivalent data is submitted
changes do not negate any existing using an industry electronic database. It also Basis for proposed no significant
requirement, and do not adversely affect eliminates the TS reporting requirement for hazards consideration determination:
existing plant safety margins or the reliability an annual occupational radiation exposure As required by 10 CFR 50.91(a), an
of the equipment assumed to operate in the report, which provides information beyond analysis of the issue of no significant
that specified in NRC regulations. The hazards consideration is presented
safety analysis. As such, there are no changes
proposed change involves no changes to below:
being made to safety analysis assumptions, plant systems or accident analyses. As such,
safety limits or safety system settings that the change is administrative in nature and Criterion 1—The Proposed Change Does Not
would adversely affect plant safety as a result does not affect initiators of analyzed events Involve a Significant Increase in the
of the proposed change. Margins of safety are or assumed mitigation of accidents or Probability or Consequences of an Accident
unaffected by requirements that are retained, transients. Therefore, the proposed change Previously Evaluated
but relocated from the Technical does not involve a significant increase in the
The proposed change to the RCP flywheel
Specifications to the FSAR. Therefore, the probability or consequences of an accident
previously evaluated. examination frequency does not change the
proposed change does not involve a response of the plant to any accidents. The
2. Does the proposed change create the
significant reduction in a margin of safety. possibility of a new or different kind of RCP will remain highly reliable and the
accident from any accident previously proposed change will not result in a
The NRC staff has reviewed the evaluated? significant increase in the risk of plant
licensee’s analysis and, based on this Response: No operation. Given the extremely low failure
review, it appears that the three The proposed change does not involve a probabilities for the RCP motor flywheel
standards of 50.92(c) are satisfied. physical alteration of the plant, add any new during normal and accident conditions, the
Therefore, the NRC staff proposes to equipment, or require any existing extremely low probability of a loss-of-coolant
determine that the amendment request equipment to be operated in a manner accident (LOCA) with loss of offsite power
different from the present design. Therefore, (LOOP), and assuming a conditional core
involves no significant hazards damage probability (CCDP) of 1.0 (complete
consideration. the proposed change does not create the
possibility of a new or different kind of failure of safety systems), the core damage
Attorney for licensee: J.M. Fulton, accident from any accident previously frequency (CDF) and change in risk would
Esquire, Assistant General Counsel, evaluated. still not exceed the NRC’s acceptance
Pilgrim Nuclear Power Station, 600 3. Does the proposed change involve a guidelines [contained] in RG [Regulatory
Rocky Hill Road, Plymouth, significant reduction in a margin of safety? Guide] 1.174 (<1.0E–6 per year). Moreover,
Response: No considering the uncertainties involved in this
Massachusetts, 02360–5599. This is an administrative change to evaluation, the risk associated with the
NRC Section Chief: Darrell Roberts. reporting requirements of plant operating postulated failure of an RCP motor flywheel

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9993

is significantly low. Even if all four RCP Attorney for licensee: David T. values have not changed, which include the
motor flywheels are considered in the Conley, Associate General Counsel II— PORV setpoints.
bounding plant configuration case, the risk is Legal Department, Progress Energy The P/T limit curves and LTOP analysis
still acceptably low. have not changed; therefore, the proposed
Service Company, LLC, Post Office Box
The proposed change does not adversely amendment does not represent a change in
affect accident initiators or precursors, nor 1551, Raleigh, North Carolina 27602. the configuration or operation of the plant.
alter the design assumptions, conditions, or NRC Section Chief: Michael L. The results of the existing LTOP analysis
configuration of the facility, or the manner in Marshall, Jr. have not changed, and the limiting pressures
which the plant is operated and maintained; Florida Power and Light Company, for given temperatures will not be exceeded
alter or prevent the ability of structures, for the postulated transients. Therefore,
systems, components (SSCs) from performing Docket No. 50–389, St. Lucie Plant, Unit assurance is provided that reactor vessel
their intended function to mitigate the No. 1, St. Lucie County, Florida integrity will be maintained. Thus, the
consequences of an initiating event within Date of amendment request: proposed amendment does not involve an
the assumed acceptance limits; or affect the December 20, 2004. increase in the probability or consequences
source term, containment isolation, or Description of amendment request: of accidents previously evaluated.
radiological release assumptions used in (2) Operation of the facility in accordance
The proposed license amendment
evaluating the radiological consequences of with the proposed amendment would not
an accident previously evaluated. Further, would extend the effectiveness of the create the possibility of a new or different
the proposed change does not increase the current Technical Specification kind of accident from any previously
type or amount of radioactive effluent that pressure/temperature (P/T) limit curves, evaluated.
may be released offsite, nor significantly also called the heatup and cooldown The requirements for P/T limit curves and
increase individual or cumulative curves, from 23.6 to 35 effective full LTOP have been in place since the beginning
occupational/public radiation exposure. The power years (EFPY). The low of plant operation. The only changes in these
proposed change is consistent with the safety temperature overpressure protection curves are the extension of the period of
analysis assumptions and resultant applicability (EFPY), which is based on new
requirements, which are based on the P/
consequences. Therefore, the proposed fluence data and the operating time (EFPY)
change does not involve a significant
T limits, would also be extended to 35 required to reach the same limiting adjusted
increase in the probability or consequences EFPY. The proposed amendment would reference temperature projection used for the
of an accident previously evaluated. revise Technical Specification Figures current 23.6 EFPY P/T limit curves. Since
Criterion 2—The Proposed Change Does Not
3.1–1b, 3.4–2a, 3.4–2b, and 3.4–3. there is no change in the configuration or
Create the Possibility of a New or Different Basis for proposed no significant operation of the facility as a result of the
Kind of Accident From Any Accident hazards consideration determination: proposed amendment, the proposed
As required by 10 CFR 50.91(a), the amendment does not create the possibility of
Previously Evaluated.
licensee has provided its analysis of the a new or different kind of accident from any
The proposed change in flywheel accident previously evaluated.
inspection frequency does not involve any issue of no significant hazards
(3) Operation of the facility in accordance
change in the design or operation of the RCP. consideration, which is presented with the proposed amendment would not
Nor does the change to examination below: involve a significant reduction in a margin of
frequency affect any existing accident (1) Operation of the facility in accordance safety.
scenarios, or create any new or different with the proposed amendment would not Analysis has demonstrated that the fracture
accident scenarios. Further, the change does involve a significant increase in the toughness requirements of 10 CFR 50,
not involve a physical alteration of the plant probability or consequences of an accident Appendix G, are satisfied and that
(i.e., no new or different type of equipment previously evaluated. conservative operating restrictions are
will be installed) or alter the methods The pressure/temperature (P/T) limit maintained for the purpose of low
governing normal plant operation. In curves in the Technical Specifications are temperature overpressure protection. The P/
addition, the change does not impose any conservatively generated in accordance with T limit curves will provide assurance that the
new or different requirements or eliminate the fracture toughness requirements of 10 RCS pressure boundary will behave in
any existing requirements, and does not alter CFR 50, Appendix G, as supplemented by the ductile manner and that the probability of a
any assumptions made in the safety analysis. ASME [American Society of Mechanical rapidly propagating fracture is acceptably
The proposed change is consistent with the Engineers] Code [Boiler and Pressure Vessel low. Therefore, operation in accordance with
safety analysis assumptions and current plant Code], Section Xl, Appendix G the proposed amendment would not involve
operating practice. Therefore, the proposed recommendations. The adjusted reference a significant reduction in a margin of safety.
change does not create the possibility of a temperature (ART) values are based on the The NRC staff has reviewed the
new or different kind of accident from any Regulatory Guide 1.99, Revision 2, shift
accident previously evaluated. licensee’s analysis and, based on this
prediction and attenuation formula and have review, it appears that the three
Criterion 3—The Proposed Change Does Not been validated by a credible reactor vessel
standards of 50.92(c) are satisfied.
Involve a Significant Reduction in a Margin surveillance program. There are no changes
of Safety. to the limit curve, only a change in the Therefore, the NRC staff proposes to
period of applicability based on more recent determine that the amendment request
The proposed change does not alter the
fluence predictions and new best estimate involves no significant hazards
manner in which safety limits, limiting safety
system settings, or limiting conditions for chemistry information. Based on the current consideration.
operation are determined. The safety analysis fluence projections, analysis has Attorney for licensee: M.S. Ross,
acceptance criteria are not impacted by this demonstrated that the current P/T limit Attorney, Florida Power & Light, P.O.
change. The proposed change will not result curves will remain conservative for up to 35 Box 14000, Juno Beach, Florida 33408–
in plant operation in a configuration outside EFPY. 0420.
of the design basis. The calculated impact on In conjunction with extending the NRC Section Chief: Michael L.
risk is insignificant and meets the acceptance effectiveness of the existing P/T limit curves, Marshall, Jr.
criteria contained in RG 1.174. There are no the low temperature overpressure protection
significant mechanisms for inservice (LTOP) analysis for 23.6 EFPY is also Florida Power and Light Company,
degradation of the RCP flywheel. Therefore, extended to 35 EFPY. The LTOP analysis Docket No. 50–389, St. Lucie Plant, Unit
the proposed change does not involve a confirms that the current setpoints for the No. 2, St. Lucie County, Florida
significant reduction in a margin of safety. power operated relief valves (PORVs) will
provide the appropriate overpressure Date of amendment request: January
The NRC staff proposes to determine protection at low reactor coolant system 6, 2005.
that the amendment request involves no (RCS) temperatures. Because the P/T limit Description of amendment request:
significant hazards consideration. curves have not changed, the existing LTOP The proposed amendment revises

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9994 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

Technical Specification Section 3/4.4.5, parent tube during a tube rupture event of any service induced imperfection,
Steam Generators, to allow repair of would be slightly less than that assumed for degradation, or defect in the sleeve and/or
steam generator tubes by installing the steam generator tube rupture analysis and pressure boundary portion of the original
therefore, would result in lower total primary tube wall in the sleeve/tube assembly (i.e.,
Westinghouse Electric LLC Alloy 800
fluid mass release to the secondary system. the sleeve-to-tube joint). Use of the
leak limiting sleeves. A main steam line break or feedwater line previously-identified design criteria and
Basis for proposed no significant break will not cause a steam generator tube design verification testing assures that the
hazards consideration determination: rupture since the sleeves are analyzed for a margin to safety is not significantly different
As required by 10 CFR 50.91(a), the maximum accident differential pressure from that of the original steam generator
licensee has provided its analysis of the greater than that predicted in the St. Lucie tubes. Therefore, the proposed repairs
issue of no significant hazards Unit 2 safety analysis. employing leak limiting Alloy 800 tube
consideration, which is presented Fluid leakage from a sleeved tube during sleeves do not involve a significant reduction
plant operation would be minimal and is in a margin of safety.
below:
well within the allowable Technical
(1) Does the proposed change involve a Specification leakage limits. Therefore, the The NRC staff has reviewed the
significant increase in the probability or proposed tube sleeving does not involve a licensee’s analysis and, based on this
consequences of an accident previously significant increase in the probability or review, it appears that the three
evaluated? consequences of an accident previously standards of 50.92(c) are satisfied.
No, the leak limiting Alloy 800 tube evaluated. Therefore, the NRC staff proposes to
sleeves are designed using the applicable (2) Does the proposed change create the determine that the amendment request
ASME [American Society of Mechanical possibility of a new or different kind of involves no significant hazards
Engineers] Boiler and Pressure Vessel Code accident from any accident previously
consideration.
and meet the design objectives of the original evaluated?
steam generator tubing. The applied stresses No, the leak limiting Alloy 800 sleeves are
Attorney for licensee: M.S. Ross,
and fatigue usage factors for the sleeves are designed using the applicable ASME Code as Attorney, Florida Power & Light, P.O.
bounded by the limits established in the guidance, and therefore, meet the objectives Box 14000, Juno Beach, Florida 33408–
ASME Code. Mechanical testing has shown of the original steam generator tubing. As a 0420.
that the structural strength of leak limiting result, the function of the steam generator NRC Section Chief: Michael L.
sleeves under normal, upset, emergency, and will not be significantly affected by the Marshall, Jr.
faulted conditions provides margin to the installation of the proposed sleeves. The
acceptance limits. These acceptance limits proposed sleeves do not interact with any PPL Susquehanna, LLC, Docket Nos. 50–
bound the most limiting burst margin of three other plant systems. Any accident that would 387 and 50–388, Susquehanna Steam
times the normal operating pressure result from potential tube or sleeve Electric Station, Units 1 and 2 (SSES 1
differential as recommended by NRC [U.S. degradation in the repaired portion of the and 2), Luzerne County, Pennsylvania
Nuclear Regulatory Commission] Regulatory tube is bounded by the existing steam
Date of amendment request:
Guide 1.121. Burst testing of sleeved-tube generator tube rupture accident analysis, thus
assemblies has confirmed the analytical the potential for a new type of accident is not September 8, 2004.
results and demonstrated that levels of created. The continued integrity of the Description of amendment request:
primary-to-secondary leakage are not sleeved tube is periodically verified by The proposed amendments would
expected to exceed acceptable levels during surveillance inspections performed in change SSES 1 and 2 Technical
any anticipated plant operating condition. compliance with Technical Specification Specifications 3.6.4.1, ‘‘Secondary
The leak limiting Alloy 800 sleeve depth- requirements. A sleeved tube will be plugged Containment,’’ and 3.6.4.3, ‘‘Standby
based structural limit is determined using on detection of any service induced Gas Treatment System (SGTS),’’ to
NRC guidance and the pressure-stress imperfection, degradation, or defect in the extend, on a one-time basis, the
equation of the ASME Code, Section III with sleeve and/or pressure boundary portion of allowable completion time for required
margin added to account for the the original tube wall in the sleeve/tube
configuration of long axial cracks. An Alloy assembly (i.e., the sleeve-to-tube joint).
actions for secondary containment
800 sleeved tube will be plugged on Implementation of the proposed change inoperable and two SGTS subsystems
detection of an imperfection in the sleeve or has no significant effect on either the inoperable, in mode 1, 2, or 3, from 4
in the pressure boundary portion of the configuration of the plant or the manner in hours to 48 hours.
original tube wall. which it is operated. Therefore, the proposed Basis for proposed no significant
An evaluation of repaired steam generator change does not create the possibility of a hazards consideration determination:
tubes, plus testing, and analysis indicates new or different accident from any accident As required by 10 CFR 50.91(a), the
that unacceptable detrimental effects on the previously evaluated. licensee has provided its analysis of the
leak limiting Alloy 800 sleeve or of a sleeved (3) Does the proposed change involve a issue of no significant hazards
tube are not expected from the reactor significant reduction in a margin of safety? consideration, which is presented
coolant system flow, primary or secondary No, the repair of degraded steam generator
coolant chemistries, thermal conditions or tubes with leak limiting Alloy 800 sleeves
below:
transients, or pressure conditions as may be restores the structural integrity of the 1. Does the proposed change involve a
experienced at St. Lucie Unit 2. Corrosion degraded tube under normal operating and significant increase in the probability or
testing and historical performance of sleeved postulated accident conditions. The consequences of an accident previously
steam generator tubes indicates no evidence reduction in core cooling margin due to the evaluated?
of sleeve or tube corrosion considered addition of Alloy 800 sleeves is not Response: No.
detrimental under anticipated service significant because the cumulative effect of The proposed change does not involve a
conditions. The implementation of the all sleeved and plugged tubes will continue significant increase in the probability of an
proposed tube sleeving has no significant to be less than the currently-allowed core accident previously evaluated because
effect on either the configuration of the plant cooling margin threshold established by the neither Secondary Containment nor the
or the manner in which it is operated. total steam generator tube plugging level. Standby Gas Treatment System is an initiator
The consequences of a hypothetical failure Design safety factors utilized for the sleeves of an accident. Both mitigate accident
of a leak limiting Alloy 800 sleeved tube is are consistent with the safety factors in the consequences.
bounded by the current steam generator tube ASME Boiler and Pressure Vessel Code used The consequences of a Design Basis
rupture analysis described in the St. Lucie in the original steam generator design. Each Analysis-Loss of Coolant Accident (DBA–
Unit 2 Updated Final Safety Analysis Report. tube and portions of the tube with an LOCA) have been evaluated in the FSAR
Due to the slight reduction in the inside installed sleeve that constitute the reactor [Final Safety Analysis Report]. Increasing the
diameter caused by the sleeve wall thickness, coolant pressure boundary will be monitored; completion time for Secondary Containment
primary coolant release rates through the a sleeved tube will be plugged on detection and two SGTS subsystems inoperable from 4

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9995

hours to 48 does not result in a significant Services Corporation, 2 North Ninth St., seals. The proposed change does not involve
increase in the consequences of a DBA– GENTW3, Allentown, PA 18101–1179. a significant reduction in margin of safety
LOCA event nor change the evaluation of NRC Section Chief: Richard J. Laufer. because it has no effect on any safety analysis
DBA–LOCA events as stated in the FSAR bases or assumptions. It does not change the
evaluation. The radiological evaluation of PPL Susquehanna, LLC, Docket Nos. 50– leakage acceptance criteria. Sufficient data
DBA–LOCA doses, including doses offsite, 387 and 50–388, Susquehanna Steam has been collected to demonstrate that
Control Room habitability, and exposures for Electric Station, Units 1 and 2 (SSES 1 resilient seals do not degrade. Testing at the
personnel access demonstrates that there and 2), Luzerne County, Pennsylvania same frequency as other containment
would be no significant impact. Movement of isolation valves will not reduce the margin of
irradiated fuel within Secondary Date of amendment request: safety provide by Technical Specifications.
Containment will be prohibited during the September 8, 2004.
extended LCO period, to preclude a fuel Description of amendment request: The NRC staff has reviewed the
handling accident, which might lead to a The proposed amendment would revise licensee’s analysis and, based on this
radiological consequence. the SSES 1 and 2 Technical review, it appears that the three
Therefore, this change does not involve a Specifications Surveillance standards of 10 CFR 50.92(c) are
significant increase in the probability or Requirement 3.6.1.3.6 to reduce the satisfied. Therefore, the NRC staff
consequences of an accident previously proposes to determine that the
evaluated. frequency of performing leakage rate
testing for each primary containment amendment request involves no
2. Does the proposed change create the
purge valve with resilient seals from 184 significant hazards consideration.
possibility of a new or different kind of
accident from any accident previously days to 24 months. Attorney for licensee: Bryan A. Snapp,
evaluated? Basis for proposed no significant Esquire, Assoc. General Counsel, PPL
Response: No. hazards consideration determination: Services Corporation, 2 North Ninth St.,
The proposed changes do not involve a As required by 10 CFR 50.91(a), the GENTW3, Allentown, PA 18101–1179.
physical alteration of the plant. No new or licensee has provided its analysis of the NRC Section Chief: Richard J. Laufer.
different type of equipment will be installed
issue of no significant hazards South Carolina Electric & Gas Company,
(damper motors will be replaced) nor will
there be changes in methods governing consideration, which is presented South Carolina Public Service
normal plant operation. below: Authority, Docket No. 50–395, Virgil C.
The accident analyses affected by this 1. Does the proposed change involve a Summer Nuclear Station, Unit No. 1,
extension are the radiological events that are significant increase in the probability or Fairfield County, South Carolina
discussed in the FSAR. The potential for the consequences of an accident previously
loss of other plant systems or equipment to Date of amendment request: May 21,
evaluated?
mitigate the effects of an accident is not Response: No. 2004.
altered. The proposal would change the Technical Description of amendment request:
The proposed changes do not require any Specification Surveillance Requirement for The proposed amendment revises the
new operator response or introduce any new containment purge valves with resilient Reactor Coolant Pump (RCP) Flywheel
opportunities for operator error not seals. The proposed change does not involve Inspection Program to extend the
previously considered. a significant increase in the probability or allowable inspection interval to 20
Thus, this change does not create the consequences of an accident previously years.
possibility of a new or different kind of evaluated because the extensive industry
accident from any accident previously
The NRC staff issued a notice of
operating experience derived from test availability of a model safety evaluation
evaluated. results has demonstrated that the resilient
3. Does the proposed change involve a and model no significant hazards
seal material does not degrade and cause
significant reduction in a margin of safety? containment isolation valves to leak. Further, consideration (NSHC) determination for
Response: No. these valves are not accident initiators. Thus, referencing in license amendment
The increase in completion time for the valves will perform as assumed in the applications in the Federal Register on
Standby Gas Treatment does not result in any accident analyses. Therefore, this change October 22, 2003 (68 FR 60422). The
effect on the margin of safety. There is no does not involve a significant increase in the licensee affirmed the applicability of the
increase in Core Damage Frequency (CDF) or probability or consequences of an accident model NSHC determination in its
Large Early Release Frequency (LERF). A previously evaluated.
recovery plan will be in place to restore the application dated May 21, 2004.
2. Does the proposed change create the Basis for proposed no significant
SGTS and Secondary Containment to possibility of a new or different kind of
functional, if a DBA–LOCA accident should hazards consideration determination:
accident from any accident previously
occur. Implementation of the compensatory evaluated?
As required by 10 CFR 50.91(a), an
measures minimizes the probability that an Response: No. analysis of the issue of no significant
accident will be initiated, maximizes the The proposal would change the Technical hazards consideration is presented
probability that accident mitigation Specifications Surveillance Requirement for below:
equipment will be available and ensures that containment purge valves with resilient
SGTS and Secondary Containment will be seals. The proposed change does not involve Criterion 1—The Proposed Change Does Not
able to be restored in a timely manner. Thus a physical alteration of the plant (no new or Involve a Significant Increase in the
the potential impact of extending the different type of equipment will be installed Probability or Consequences of an Accident
Completion Time is small. Therefore, this nor changes in methods governing normal Previously Evaluated.
one-time extension will not involve a plant operation). In particular, it does not The proposed change to the RCP flywheel
significant reduction in safety margin. require the valves to function in any manner examination frequency does not change the
The NRC staff has reviewed the other than that which is currently required. response of the plant to any accidents. The
licensee’s analysis and, based on this Thus, this change does not create the RCP will remain highly reliable and the
review, it appears that the three possibility of a new or different kind of proposed change will not result in a
standards of 10 CFR 50.92(c) are accident from any accident previously significant increase in the risk of plant
evaluated. operation. Given the extremely low failure
satisfied. Therefore, the NRC staff 3. Does the proposed change involve a probabilities for the RCP motor flywheel
proposes to determine that the significant reduction in a margin of safety? during normal and accident conditions, the
amendment request involves no Response: No. extremely low probability of a loss-of-coolant
significant hazards consideration. The proposal would change the Technical accident (LOCA) with loss of offsite power
Attorney for licensee: Bryan A. Snapp, Specifications Surveillance Requirement for (LOOP), and assuming a conditional core
Esquire, Assoc. General Counsel, PPL containment purge valves with resilient damage probability (CCDP) of 1.0 (complete

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9996 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

failure of safety systems), the core damage significant mechanisms for inservice Heatup and Cooldown Curves and LTOP
frequency (CDF) and change in risk would degradation of the RCP flywheel. Therefore, enable temperatures from the Technical
still not exceed the NRC’s acceptance the proposed change does not involve a Specifications to a RCS PTLR to document
guidelines contained in Regulatory Guide significant reduction in a margin of safety. removal, testing and analyzing the
(RG) 1.174 (<1.0E–6 per year). Moreover, surveillance capsule. This document will be
The NRC staff proposes to determine
considering the uncertainties involved in this updated by SCE to reflect the testing and
evaluation, the risk associated with the that the amendment request involves no analysis of specimens. Removal, testing and
postulated failure of an RCP motor flywheel significant hazards consideration. analyzing the surveillance capsule resulted
is significantly low. Even if all four RCP Attorney for licensee: Thomas G. in changes to the RCS pressure and
motor flywheels are considered in the Eppink, South Carolina Electric & Gas temperature limits. These changes are
bounding plant configuration case, the risk is Company, Post Office Box 764, required to maintain the RCS pressure
still acceptably low. Columbia, South Carolina 29218. boundary integrity until EOL. Changes to the
The proposed change does not adversely NRC Section Chief: John A. Nakoski. RCS pressure and temperature curves and
affect accident initiators or precursors, nor limits will not create a new or different kind
alter the design assumptions, conditions, or Southern California Edison Company of accident. There is no change to the safety
configuration of the facility, or the manner in (SCE), et al., Docket Nos. 50–361, San analysis.
which the plant is operated and maintained; Onofre Nuclear Generating Station, Unit Therefore, the proposed change does not
alter or prevent the ability of structures, 2, San Diego County, California create the possibility of a new or different
systems, components (SSCs) from performing kind of accident from any accident
their intended function to mitigate the Date of amendment requests: January previously evaluated.
consequences of an initiating event within 28, 2005. 3. Does the proposed change involve a
the assumed acceptance limits; or affect the Description of amendment requests: significant reduction in a margin of safety?
source term, containment isolation, or The proposed change would revise Response: No.
radiological release assumptions used in Technical Specifications (TSs) 1.1 Pressure and temperature curves and limits
evaluating the radiological consequences of ‘‘Definitions,’’ 3.4 ‘‘Reactor Coolant are provided as limits to plant operation for
an accident previously evaluated. Further, System [RCS],’’ and 5.7 ‘‘Reporting ensuring RCS pressure boundary integrity
the proposed change does not increase the and maintained until EOL. Changes to the
Requirements’’ to relocate the RCS
type or amount of radioactive effluent that RCS pressure and temperature curves and
may be released offsite, nor significantly pressure-temperature curves and limits
from the TSs to a licensee-controlled limits, resulting from the removal, testing
increase individual or cumulative and analyzing of a surveillance capsule, are
occupational/public radiation exposure. The document identified as the Pressure and only made within the acceptable margin
proposed change is consistent with the safety Temperature Limit Report. limits maintaining the required margin of
analysis assumptions and resultant Basis for proposed no significant safety. There is no change to the safety
consequences. Therefore, the proposed hazards consideration determination: analysis.
change does not involve a significant As required by 10 CFR 50.91(a), the Therefore, the proposed change does not
increase in the probability or consequences licensee has provided its analysis of the involve a significant reduction in a margin of
of an accident previously evaluated. safety.
issue of no significant hazards
Criterion 2—The Proposed Change Does Not consideration, which is presented
Create the Possibility of a New or Different The NRC staff has reviewed the
below: licensee’s analysis and, based on this
Kind of Accident From Any Accident
Previously Evaluated 1. Does the proposed change involve a review, it appears that the three
The proposed change in flywheel
significant increase in the probability or standards of 10 CFR 50.92(c) are
consequences of an accident previously satisfied. Therefore, the NRC staff
inspection frequency does not involve any
evaluated? proposes to determine that the
change in the design or operation of the RCP.
Nor does the change to examination Response: No. amendment requests involve no
This proposed change revises the
frequency affect any existing accident significant hazards consideration.
scenarios, or create any new or different Technical Specifications by relocating the
reactor coolant system (RCS) Pressure and
Attorney for licensee: Douglas K.
accident scenarios. Further, the change does Porter, Esquire, Southern California
not involve a physical alteration of the plant Temperature Limits, Heatup and Cooldown
Curves and Low Temperature Overpressure Edison Company, 2244 Walnut Grove
(i.e., no new or different type of equipment
Protection (LTOP) enable temperatures from Avenue, Rosemead, California 91770.
will be installed) or alter the methods
governing normal plant operation. In the Technical Specifications to a RCS NRC Section Chief: Robert A. Gramm.
addition, the change does not impose any Pressure and Temperature Limits Report
(PTLR). Relocation of this information will
Southern California Edison Company
new or different requirements or eliminate (SCE), et al., Docket Nos. 50–361 and
any existing requirements, and does not alter not impact the activity to update the RCS
pressure and temperature curves and limits 50–362, San Onofre Nuclear Generating
any assumptions made in the safety analysis.
The proposed change is consistent with the in accordance with the requirements of 10 Station, Unit 2 and Unit 3, San Diego
safety analysis assumptions and current plant CFR 50 Appendix G and H to ensure the County, California
operating practice. Therefore, the proposed reactor coolant system’s pressure boundary
Date of amendment requests:
change does not create the possibility of a integrity will be protected until end of life
(EOL). Consequently, this proposed change is February 3, 2005.
new or different kind of accident from any Description of amendment requests:
accident previously evaluated. determined to not contribute to the
probability of or the initiation of accidents. The proposed change would revise
Criterion 3—The Proposed Change Does Not There is no change to the safety analysis. Technical Specification 3.6.3,
Involve a Significant Reduction in a Margin Therefore, the proposed change does not ‘‘Containment Isolation Valves,’’
of Safety involve a significant increase in the Surveillance Requirements 3.6.3.3 and
The proposed change does not alter the probability or consequences of an accident 3.6.3.4 for Containment Isolation Valves
manner in which safety limits, limiting safety previously evaluated. and Blind Flanges (ClVs) by adding a
system settings, or limiting conditions for 2. Does the proposed change create the provision to exempt CIVs that are
operation are determined. The safety analysis possibility of a new or different kind of
acceptance criteria are not impacted by this accident from any accident previously
locked, sealed, or otherwise secured
change. The proposed change will not result evaluated? from the position verification
in plant operation in a configuration outside Response: No. surveillance requirements.
of the design basis. The calculated impact on This proposed change revises the Basis for proposed no significant
risk is insignificant and meets the acceptance Technical Specifications by relocating the hazards consideration determination:
criteria contained in RG 1.174. There are no RCS Pressure and Temperature Limits, As required by 10 CFR 50.91(a), the

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9997

licensee has provided its analysis of the not involve a significant reduction in a Relocation of preventive maintenance
issue of no significant hazards margin of safety. surveillances and certain operating limits
consideration, which is presented and actions to a ‘‘Battery Monitoring and
The NRC staff has reviewed the Maintenance Program’’ will not challenge the
below: licensee’s analysis and, based on this ability of the subject subsystem to perform its
1. Do the proposed changes involve a review, it appears that the three design function. Maintenance and
significant increase in the probability or standards of 10 CFR 50.92(c) are monitoring currently required will continue
consequences of an accident previously satisfied. Therefore, the NRC staff to be performed. In addition, the direct
evaluated? proposes to determine that the current electrical power subsystem is within
The proposed change does not affect the amendment requests involve no the scope of 10 CFR 50.65, ‘‘Requirements for
CIV design or function. In addition, mis- monitoring the effectiveness of maintenance
positioned or failed ClVs are not the initiator
significant hazards consideration.
at nuclear power plants,’’ which will ensure
of any event. The position of a locked, sealed, Attorney for licensee: Douglas K. continued control of maintenance activities
or otherwise secured valve and blind flange Porter, Esquire, Southern California associated with the subject subsystem.
is verified at the time it is locked, sealed, or Edison Company, 2244 Walnut Grove Therefore, the proposed change does not
secured, and these ClVs are administratively Avenue, Rosemead, California 91770. involve a significant increase in the
controlled to remain in the required position. NRC Section Chief: Robert A. Gramm. probability or consequences of an accident
Further, since the change impacts only the previously evaluated.
re-verification of the blind flange and valve STP Nuclear Operating Company, 2. Does the proposed change create the
position as a Technical Specification Docket Nos. 50–498 and 50–499, South possibility of a new or different accident
Surveillance, it does not result in any change Texas Project, Units 1 and 2, Matagorda from any accident previously evaluated?
in the response of the equipment to an County, Texas Response: No.
accident. The proposed change does not involve any
Based on the above, SCE concludes that Date of amendment request: January physical alteration of the units. No new
deleting the re-verification of the position of 20, 2005. equipment is introduced, and installed
a locked, sealed, or secured CIV as a Description of amendment request: equipment is not operated in a new or
Technical Specification Surveillance does The proposed amendments would different manner. The proposed changes do
not affect the probability or consequences of change Technical Specification (TS) 3/ not affect setpoints for initiation of protective
an accident previously evaluated. 4.8.2.1, ‘‘DC Sources—Operating,’’ and or mitigating actions.
2. Do the proposed changes create the TS 3/4.8.2.2, ‘‘DC Sources—Shutdown,’’ Operability of the DC electrical power
possibility of a new kind of accident from subsystems in accordance with the proposed
with addition of a new TS 3/4.8.2.3, technical specifications is consistent with the
any accident previously evaluated?
This change does not add any new
‘‘Battery Parameters’’, to incorporate initial assumptions of the accident analyses
equipment or result in any changes to actions for responding to ‘‘out-of-limit’’ and is based upon meeting the design basis
equipment design or capabilities. This conditions, and surveillances for of the plant.
change also does not result in any changes verification of battery parameters. The The proposed changes will not alter the
to the operation of the plant. The position of proposed changes would revise allowed manner in which equipment operation is
a locked, sealed, or otherwise secured blind outage times for battery chargers as well initiated, nor will the functional demands on
flange and valve is verified at the time it is as battery charger testing criteria. The credited equipment be changed. No alteration
locked, sealed, or secured, and these ClVs are in the operating procedures is proposed, and
proposed changes would also relocate a
administratively controlled to remain in the no change is being made to procedures relied
number of battery surveillance upon in response to an off-normal event. No
required position. Further, since the change
impacts only the re-verification of the blind
requirements to a licensee-controlled new failure modes are being introduced, and
flange and valve position as a Technical Battery Monitoring and Maintenance the proposed change does not alter
Specification Surveillance, it does not result Program. assumptions made in the safety analyses.
in any change in the response of the Basis for proposed no significant Therefore, the proposed change does not
equipment to an accident. hazards consideration determination: create the possibility of a new or different
Based on the above, SCE concludes that As required by 10 CFR 50.91(a), the accident from any accident previously
deleting the re-verification of the position of licensee has provided its analysis of the evaluated.
a locked, sealed, or secured CIV as a 3. Does the proposed change involve a
issue of no significant hazards
Technical Specification Surveillance does significant reduction in a margin of safety?
consideration, which is presented Response: No.
not create the possibility of a new or different
kind of accident from any previously
below: The proposed change will not adversely
evaluated. 1. Does the proposed change involve a affect operation of plant equipment and will
3. Do the proposed changes involve a significant increase in the probability or not result in a change to the setpoints at
significant reduction in a margin of safety? consequences of an accident previously which protective actions are initiated.
The CIVs are administratively controlled evaluated? Sufficient DC capacity to support operation
and their operation is a nonroutine event. Response: No. of mitigation equipment is ensured. The
The position of a locked, sealed, or otherwise The proposed change rearranges the provisions of the Battery Monitoring and
secured blind flange and valve is verified at Technical Specifications for the direct Maintenance Program will ensure that the
the time it is locked, sealed, or secured. Also, current [DC] electrical power system, and station batteries are maintained in a highly
no CIVs were found to be out of position adds new Conditions and required actions reliable manner. The equipment fed by the
from a review of all the San Onofre Units 2 with revised completion times to allow for DC electrical system will continue to provide
and 3 surveillance data from January 2000 battery charger inoperability. Neither the adequate power to safety-related loads in
through December 2004. Since the change direct current electrical power subsystem nor accordance with analysis assumptions.
only deletes the re-verification of the blind associated battery chargers are initiators of an Therefore, the proposed change does not
flange and valve position as a Technical accident sequence previously evaluated. involve a significant reduction in a margin of
Specification Surveillance and the Performance of plant operational activities in safety.
administrative controls are in place, the accordance with the proposed Technical The NRC staff has reviewed the
proposed change will provide a similar level Specification changes ensures that the direct licensee’s analysis and, based on this
of assurance of correct CIV position as the current electrical power subsystem is capable
current verifications. of performing its function as previously
review, it appears that the standards of
Based on the above, SCE concludes that described. Therefore, the mitigating functions 10 CFR 50.92(c) are satisfied. Therefore,
deleting the re-verification of the position of supported by the subject subsystem will the NRC staff proposes to determine that
a locked, sealed, or secured CIV as a continue to provide the protection assumed the request for amendments involves no
Technical Specification Surveillance does by the safety analysis. significant hazards consideration.

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9998 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

Attorney for licensee: A. H. the assumed acceptance limits; or affect the Specifications would increase the
Gutterman, Esq., Morgan, Lewis & source term, containment isolation, or completion times from 72 hours to 7
Bockius, 1111 Pennsylvania Avenue, radiological release assumptions used in days for the following systems: Low-
evaluating the radiological consequences of
NW., Washington, DC 20004. an accident previously evaluated. Further,
Head Safety Injection (LHSI) Emergency
NRC Section Chief: Allen G. Howe. the proposed change does not increase the Core Cooling System (ECCS), Auxiliary
TXU Generation Company LP, Docket type or amount of radioactive effluent that Feedwater (AFW) System, Quench
Nos. 50–445 and 50–446, Comanche may be released offsite, nor significantly Spray (QS) System, and Chemical
Peak Steam Electric Station, Units 1 and
increase individual or cumulative Addition System (CAS).
occupational/public radiation exposure. The Basis for proposed no significant
2, Somervell County, Texas proposed change is consistent with the safety hazards consideration determination:
Date of amendment request: analysis assumptions and resultant As required by 10 CFR 50.91(a), the
September 30, 2004. consequences. Therefore, the proposed
change does not involve a significant
licensee has provided its analysis of the
Brief description of amendments: The issue of no significant hazards
increase in the probability or consequences
proposed amendment revises TS 5.5.7, consideration, which is presented
of an accident previously evaluated.
‘‘Reactor Coolant Pump [RCP] Flywheel below:
Inspection Program,’’ to extend the Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different 1. Does the proposed license amendment
allowable inspection interval to 20 Kind of Accident From Any Accident involve a significant increase in the
years. Previously Evaluated probability or consequences of an accident
The NRC staff issued a notice of previously evaluated?
The proposed change in flywheel
availability of a model safety evaluation inspection frequency does not involve any The proposed changes do not alter any
and model no significant hazards change in the design or operation of the RCP. plant equipment or operating practices in
consideration (NSHC) determination for Nor does the change to examination such a manner that the probability of an
referencing in license amendment frequency affect any existing accident accident is increased. The proposed changes
applications in the Federal Register on scenarios, or create any new or different will not alter assumptions relative to the
October 22, 2003 (68 FR 60422). The accident scenarios. Further, the change does mitigation of an accident or transient event.
not involve a physical alteration of the plant The CDF [core damage frequency] impact
licensee affirmed the applicability of the and the LERF [large early release frequency]
model NSHC determination in its (i.e., no new or different type of equipment
will be installed) or alter the methods impact, as well as the ICCDP [incremental
application dated September 30, 2004. governing normal plant operation. In conditional core damage probability] and
Basis for proposed no significant addition, the change does not impose any ICLERP [incremental conditional large early
hazards consideration determination: new or different requirements or eliminate release probability], associated with the
As required by 10 CFR 50.91(a), an any existing requirements, and does not alter proposed completion time changes meet the
analysis of the issue of no significant any assumptions made in the safety analysis. acceptance criteria in RG [Regulatory Guide]
hazards consideration is presented The proposed change is consistent with the 1.174 and RG 1.177 for the proposed changes.
below: safety analysis assumptions and current plant The cumulative CDF and LERF impact for the
operating practice. Therefore, the proposed proposed completion time changes also meet
Criterion 1—The Proposed Change Does Not change does not create the possibility of a the acceptance criteria in RG 1.174 for the
Involve a Significant Increase in the new or different kind of accident from any proposed changes.
Probability or Consequences of an Accident accident previously evaluated. Therefore, the proposed changes do not
Previously Evaluated involve a significant increase in the
Criterion 3—The Proposed Change Does Not
The proposed change to the RCP flywheel Involve a Significant Reduction in a Margin probability or consequences of an accident
examination frequency does not change the of Safety previously evaluated.
response of the plant to any accidents. The 2. Does the proposed license amendment
RCP will remain highly reliable and the The proposed change does not alter the create the possibility of a new or different
proposed change will not result in a manner in which safety limits, limiting safety kind of accident from any accident
significant increase in the risk of plant system settings, or limiting conditions for previously evaluated?
operation. Given the extremely low failure operation are determined. The safety analysis The proposed changes do not involve a
probabilities for the RCP motor flywheel acceptance criteria are not impacted by this physical alteration of the plant (no new or
change. The proposed change will not result
during normal and accident conditions, the different type of equipment will be installed)
in plant operation in a configuration outside
extremely low probability of a loss-of-coolant or a change in the methods governing normal
of the design basis. The calculated impact on
accident (LOCA) with loss of offsite power plant operation. Therefore, the proposed
risk is insignificant and meets the acceptance
(LOOP), and assuming a conditional core changes do not create the possibility of a new
criteria contained in RG 1.174. There are no
damage probability (CCDP) of 1.0 (complete significant mechanisms for inservice or different kind of accident from any
failure of safety systems), the core damage degradation of the RCP flywheel. Therefore, accident previously evaluated.
frequency (CDF) and change in risk would the proposed change does not involve a 3. Does the proposed amendment involve
still not exceed the NRC’s acceptance significant reduction in a margin of safety. a significant reduction in a margin of safety?
guidelines contained in Regulatory Guide The overall margin of safety is not
(RG) 1.174 (<1.0E–6 per year). Moreover, The NRC staff proposes to determine decreased due to the increased completion
considering the uncertainties involved in this that the amendment request involves no times for the LHSI ECCS, QS including the
evaluation, the risk associated with the significant hazards consideration. CAS, and AFW since the systems design and
postulated failure of an RCP motor flywheel Attorney for licensee: George L. Edgar, operation are not altered by the proposed
is significantly low. Even if all four RCP Esq., Morgan, Lewis and Bockius, 1800 increase in completion times. The risk
motor flywheels are considered in the M Street, NW., Washington, DC 20036. impacts of the changes are also consistent
bounding plant configuration case, the risk is NRC Section Chief: Allen G. Howe. with the acceptance criteria in RG 1.174 and
still acceptably low. RG 1.177.
The proposed change does not adversely Virginia Electric and Power Company, For the Chemical Addition System, which
affect accident initiators or precursors, nor Docket Nos. 50–338 and 50–339, North is not modeled in the PRA [probabilistic risk
alter the design assumptions, conditions, or Anna Power Station, Units No. 1 and assessment] due to its limited capability to
configuration of the facility, or the manner in No. 2, Louisa County, Virginia mitigate severe accidents, the proposed
which the plant is operated and maintained; completion time change takes into account
alter or prevent the ability of structures, Date of amendment request: the ability of the spray systems to remove
systems, components (SSCs) from performing December 17, 2004. iodine at a reduced capability and the low
their intended function to mitigate the Description of amendment request: probability of the worst case DBA [design-
consequences of an initiating event within The proposed changes to the Technical basis accident] occurring during this period.

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 9999

The codes and standards or their value do not contribute to the probability of Rope Ferry Road, Rt. 156, Waterford,
alternatives approved for use by the NRC occurrence or consequences of accidents Connecticut 06385.
continue to be met. In addition, the safety previously analyzed. The revised licensing
analysis acceptance criteria in the licensing basis analyses utilize acceptable analytical
NRC Section Chief: John A. Nakoski.
basis (e.g., FSAR [final safety analysis report], methods, and continue to demonstrate that Previously Published Notices of
supporting analyses) continue to be met. established accident analysis acceptance Consideration of Issuance of
Therefore, the proposed change does not criteria are met. Therefore, there is no Amendments to Facility Operating
involve a significant reduction in the margin increase in the probability or consequences
of safety. of any accident previously evaluated.
Licenses, Proposed No Significant
2. Does the change create the possibility of Hazards Consideration Determination,
The NRC staff has reviewed the and Opportunity for a Hearing
a new or different kind of accident from any
licensee’s analysis and, based on this
accident previously evaluated?
review, it appears that the three The following notices were previously
The proposed change modifies the Surry
standards of 50.92(c) are satisfied. Units 1 and 2 RCS P/T limit curves, LTOPS published as separate individual
Therefore, the NRC staff proposes to setpoint, and LTOPS Tenable value and notices. The notice content was the
determine that the amendment request extends the cumulative core burnup same as above. They were published as
involves no significant hazards applicability limits for these parameters. The individual notices either because time
consideration. allowable operating pressures and did not allow the Commission to wait
Attorney for licensee: Ms. Lillian M. temperatures under the proposed RCS P/T for this biweekly notice or because the
Cuoco, Esq., Senior Counsel, Dominion limit curves are not significantly different action involved exigent circumstances.
Resources Services, Inc., Millstone from those allowed under the existing They are repeated here because the
Technical Specification P/T limits. No
Power Station, Building 475, 5th Floor, biweekly notice lists all amendments
changes to plant systems, structures or
Rope Ferry Road, Rt. 156, Waterford, components are proposed, and no new issued or proposed to be issued
Connecticut 06385. operating modes are established. Therefore, involving no significant hazards
NRC Section Chief: John A. Nakoski. the proposed changes do not create the consideration.
Virginia Electric and Power Company, possibility of any accident or malfunction of For details, see the individual notice
a different type previously evaluated. in the Federal Register on the day and
Docket Nos. 50–280 and 50–281, Surry 3. Does the change involve a significant
Power Station, Unit Nos. 1 and 2, Surry page cited. This notice does not extend
reduction in the margin of safety?
County, Virginia the notice period of the original notice.
The proposed revised RCS P/T limit
Date of amendment request: curves, LTOPS setpoint, and LTOPS Tenable Calvert Cliffs Nuclear Power Plant, Inc.,
December 17, 2004. value analysis bases do not involve a Docket Nos. 50–317 and 50–318, Calvert
Description of amendment request: significant reduction in the margin of safety Cliffs Nuclear Power Plant, Unit Nos. 1
for these parameters. The proposed revised
The proposed Technical Specifications and 2, Calvert County, Maryland
RCS P/T limit curves are valid to cumulative
(TS) change would revise the reactor core burnups of 47.6 EFPY and 48.1 EFPY for
coolant system (RCS) pressure Date of application for amendment:
Surry Units 1 and 2, respectively. The July 15, 2004.
temperature (P/T) operating limits, the proposed revised LTOPS setpoint and
Low-Temperature Overpressure Tenable analyses support these same Brief description of amendment: The
Protection System (LTOPS) setpoint, cumulative core burnup limits. The proposed amendment added references to the list
and the LTOPS enable temperature revised RCS P/T limit curves utilize ASME of approved core operating limits
(Tenable) basis for cumulative core [American Society of Mechanical Engineers] analytical methods in Technical
burnups up to 47.6 effective full-power Code Section XI, which supports use of a Specification 5.6.5.b for Calvert Cliffs,
conservative but less restrictive stress Unit Nos. 1 and 2.
years (EFPY) and 48.1 EFPY for Surry
intensity formulation (K1c). The proposed
Power Station, Units 1 and 2, Date of publication of individual
extension of the cumulative core burnup
respectively. applicability limits along with a small notice in Federal Register: December
Basis for proposed no significant increase in the LTOPS PORV [power- 29, 2004 (69 FR 78056).
hazards consideration determination: operated relief valve] setpoint is Expiration date of individual notice:
As required by 10 CFR 50.91(a), the accommodated by the margin provided by February 28, 2005.
licensee has provided its analysis of the ASME Code Section XI. The analyses
issue of no significant hazards demonstrate that established analysis Nuclear Management Company, LLC,
consideration, which is presented acceptance criteria continue to be met. Docket Nos. 50–266 and 50–301, Point
below: Specifically, the proposed P/T limit curves, Beach Nuclear Plant, Units 1 and 2,
LTOPS setpoint and LTOPS Tenable value Town of Two Creeks, Manitowoc
1. Does the change involve a significant provide acceptable margin to vessel fracture County, Wisconsin
increase in the probability or consequences under both normal operation and LTOPS
of an accident previously evaluated? design basis (mass addition and heat Date of amendment request:
The proposed change modifies the Surry addition) accident conditions. Therefore, the November 5, 2003, as supplemented by
Units 1 and 2 RCS P/T limit curves, LTOPS proposed change does not result in a letter dated April 22, 2004.
setpoint, and LTOPS Tenable value and significant reduction in margin of safety.
extends the cumulative core burnup Brief description of amendment
applicability limits for these parameters. The The NRC staff has reviewed the request: The proposed amendment
allowable operating pressures and licensee’s analysis and, based on this would revise the Point Beach Nuclear
temperatures under the proposed RCS P/T review, it appears that the three Plant (PBNP), Units 1 and 2, Updated
limit curves are not significantly different standards of 10 CFR 50.92(c) are Final Safety Analysis Report to reflect
from those allowed under the existing satisfied. Therefore, the NRC staff the Commission staff’s approval of the
Technical Specification P/T limits. The proposes to determine that the WCAP–14439–P, Revision 2 analysis
revisions in the values for the LTOPS amendment request involves no entitled, ‘‘Technical Justification for
setpoint and LTOPS Tenable do not
significantly change the plant operating
significant hazards consideration. Eliminating Large Primary Loop Pipe
space. No changes to plant systems, Attorney for licensee: Ms. Lillian M. Rupture as the Structural Design Basis
structures or components are proposed, and Cuoco, Esq., Senior Counsel, Dominion for the Point Beach Nuclear Plant Units
no new operating modes are established. The Resources Services, Inc., Millstone 1 and 2 for the Power Uprate and
P/T limits, LTOPS setpoint, and Tenable Power Station, Building 475, 5th Floor, License Renewal Program.’’

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10000 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

Date of publication of individual AmerGen Energy Company, LLC, Docket Safety Evaluation dated February 10,
notice in Federal Register: February 7, No. 50–461, Clinton Power Station, Unit 2005.
2005 (70 FR 6466). 1, DeWitt County, Illinois No significant hazards consideration
Expiration date of individual notice: comments received: No.
Date of application for amendment:
April 8, 2005.
June 22, 2004. Carolina Power & Light Company,
Notice of Issuance of Amendments to Brief description of amendment: The Docket No. 50–261, H.B. Robinson
Facility Operating Licenses proposed amendment revises Technical Steam Electric Plant, Unit No. 2,
During the period since publication of Specification 3.1.8, ‘‘Scram Discharge Darlington County, South Carolina
the last biweekly notice, the Volume (SDV) Vent and Drain Valves,’’ Date of application for amendment:
Commission has issued the following to allow a vent or drain line with one August 19, 2004, as supplemented
amendments. The Commission has inoperable valve to be isolated instead December 2, 2004.
determined for each of these of requiring the valve to be restored to Brief description of amendment: The
amendments that the application operable status within 7 days. amendment revises the reactor coolant
complies with the standards and Date of issuance: February 10, 2005. system pressure and temperature limits
requirements of the Atomic Energy Act Effective date: As of the date of by replacing Technical Specification
of 1954, as amended (the Act), and the issuance and shall be implemented Section 3.4.3, ‘‘RCS Pressure and
Commission’s rules and regulations. within 60 days. Temperature (P/T) Limits,’’ Figures
The Commission has made appropriate Amendment No.: 162. 3.4.3–1 and 3.4.3–2, with figures that
findings as required by the Act and the Facility Operating License No. NPF– are applicable up to 35 effective full-
Commission’s rules and regulations in 62: The amendment revised the power years.
10 CFR Chapter I, which are set forth in Technical Specifications. Date of issuance: February 7, 2005.
the license amendment. Date of initial notice in Federal Effective date: February 7, 2005.
Notice of Consideration of Issuance of Register: August 31, 2004 (68 FR Amendment No.: 202.
Amendment to Facility Operating 53099). Renewed Facility Operating License
License, Proposed No Significant The Commission’s related evaluation No. DPR–23: Amendment revises the
Hazards Consideration Determination, of the amendment is contained in a Technical Specifications.
and Opportunity for A Hearing in Safety Evaluation dated February 10, Date of initial notice in Federal
connection with these actions was 2005. Register: September 28, 2004 (69 FR
published in the Federal Register as No significant hazards consideration 57981). The December 2, 2004,
indicated. comments received: No. supplement contained clarifying
Unless otherwise indicated, the information only that did not change the
Calvert Cliffs Nuclear Power Plant, Inc.,
Commission has determined that these initial proposed no significant hazards
Docket Nos. 50–317 and 50–318, Calvert
amendments satisfy the criteria for consideration determination or expand
Cliffs Nuclear Power Plant, Unit Nos. 1
categorical exclusion in accordance the scope of the initial application.
and 2, Calvert County, Maryland
with 10 CFR 51.22. Therefore, pursuant The Commission’s related evaluation
to 10 CFR 51.22(b), no environmental Date of application for amendments: of the amendment is contained in a
impact statement or environmental December 9, 2003, as supplemented Safety Evaluation dated February 7,
assessment need be prepared for these May 19 and August 3, 2004. 2005.
amendments. If the Commission has Brief description of amendments: The No significant hazards consideration
prepared an environmental assessment amendments revise Technical comments received: No.
under the special circumstances Specification 3.7.1, ‘‘Main Steam Safety
provision in 10 CFR 51.12(b) and has Valves (MSSVs),’’ to increase the Entergy Nuclear Operations, Inc.,
made a determination based on that maximum allowable lift setting on two Docket No. 50–333, James A. FitzPatrick
assessment, it is so indicated. MSSVs on each unit. In addition, the Nuclear Power Plant, Oswego County,
For further details with respect to the amendments increase the completion New York
action see (1) the applications for time for reducing the Power Level-High Date of application for amendment:
amendment, (2) the amendment, and (3) Trip setpoint. June 4, 2004, as supplemented on July
the Commission’s related letter, Safety Date of issuance: February 10, 2005. 27, September 27, and December 14,
Evaluation and/or Environmental Effective date: As of the date of 2004.
Assessment as indicated. All of these issuance to be implemented within 30 Brief description of amendment: The
items are available for public inspection days. amendment revises the safety limit
at the Commission’s Public Document Amendment Nos.: 270 and 247. values in Technical Specifications
Room (PDR), located at One White Flint Renewed Facility Operating License 2.1.1.2 for the minimum critical power
North, Public File Area 01F21, 11555 Nos. DPR–53 and DPR–69: Amendments ratio for both single and two
Rockville Pike (first floor), Rockville, revised the Technical Specifications. recirculation loop operation.
Maryland. Publicly available records Date of initial notice in Federal Date of issuance: February 3, 2005.
will be accessible from the Agencywide Register: October 26, 2004 (69 FR Effective date: As of the date of
Documents Access and Management 62470). issuance to be implemented within 30
Systems (ADAMS) Public Electronic The supplemental letters dated May days.
Reading Room on the Internet at the 19 and August 3, 2004, provided Amendment No.: 281.
NRC Web site, http://www.nrc.gov/ additional information that clarified the Facility Operating License No. DPR–
reading-rm/adams.html. If you do not application, did not expand the scope of 59: Amendment revised the Technical
have access to ADAMS or if there are the application as originally noticed, Specifications.
problems in accessing the documents and did not change the staff’s original Date of initial notice in Federal
located in ADAMS, contact the PDR proposed no significant hazards Register: July 20, 2004 (69 FR 43459).
Reference staff at 1 (800) 397–4209, consideration determination. The July 27, September 27, and
(301) 415–4737 or by e-mail to The Commission’s related evaluation December 14, 2004, letters provided
pdr@nrc.gov. of these amendments is contained in a information that clarified the

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 10001

application, did not expand the scope of Amendment No.: 210. depressurization system (ADS) and low-
the application as originally noticed, Facility Operating License No. DPR– low set (LLS) valve function. The
and did not change the staff’s original 35: The amendment revised the TSs. specific TS changes revised SR 3.4.4.3
proposed no significant hazards Date of initial notice in Federal for S/RVs, SR 3.5.1.7 for ADS valves,
consideration determination as Register: February 17, 2004 (69 FR and SR 3.6.1.6.1 for LLS valves. The
published in the Federal Register. 7521). changes removed the requirement for
The Commission’s related evaluation The Commission’s related evaluation the S/RV disks to be lifted from their
of the amendment is contained in a of the amendment is contained in a seats when manually actuated.
Safety Evaluation dated February 3, Safety Evaluation dated February 2, The revised SRs specify that the
2005. 2005. actuator is to stroke when manually
No significant hazards consideration No significant hazards consideration actuated, without physically lifting the
comments received: No. comments received: No. disks off their seats at power.
FirstEnergy Nuclear Operating Date of issuance: February 10, 2005.
Entergy Nuclear Operations, Inc.,
Effective date: As of the date of
Docket No. 50–333, James A. FitzPatrick Company, Docket No. 50–440, Perry
issuance and shall be implemented
Nuclear Power Plant, Oswego County, Nuclear Power Plant, Unit 1, Lake
within 30 days.
New York County, Ohio
Amendment No.: 133.
Date of application for amendment: Date of application for amendment: Facility Operating License No. NPF–
September 1, 2004. April 5, 2004, as supplemented by 58: This amendment revised the
Brief description of amendment: The letters dated June 22 and December 6, Technical Specifications.
amendment eliminates the Technical 2004. Date of initial notice in Federal
Specification requirements to submit Brief description of amendment: This Register: May 11, 2004 (69 FR 26188).
monthly operating reports and annual amendment modifies the existing The Commission’s related evaluation
occupational radiation exposure reports. minimum critical power ratio (MCPR) of the amendment is contained in a
Date of issuance: February 3, 2005. safety limit contained in Technical Safety Evaluation dated February 10,
Effective date: As of the date of Specification 2.1.1.2. Specifically, the 2005.
issuance to be implemented within 60 change modifies the MCPR safety limit No significant hazards consideration
days. values, as calculated by Global Nuclear comments received: No.
Amendment No.: 282. Fuel (GNF), by decreasing the limit for
Facility Operating License No. DPR– two recirculation loop operation from Nuclear Management Company, LLC,
59: Amendment revised the Technical 1.10 to 1.08, and decreasing the limit for Docket No. 50–305, Kewaunee Nuclear
Specifications. single recirculation loop operation from Power Plant, Kewaunee County,
Date of initial notice in Federal 1.11 to 1.10. Wisconsin
Register: September 28, 2004 (69 FR Date of issuance: February 3, 2005. Date of application for amendment:
57984). Effective date: As of the date of October 14, 2004.
The Commission’s related evaluation issuance and shall be implemented Brief description of amendment: The
of the amendment is contained in a within 90 days. amendment corrects errors in Technical
Safety Evaluation dated February 3, Amendment No.: 132. Specifications 3.10.i and 6.9.a.4.A.
2005. Facility Operating License No. NPF– Date of issuance: February 15, 2005.
No significant hazards consideration 58: This amendment revised the Effective date: As of the date of
comments received: No. Technical Specifications. issuance and shall be implemented
Date of initial notice in Federal within 60 days.
Entergy Nuclear Operations, Inc.,
Register: May 11, 2004 (69 FR 26189). Amendment No.: 180.
Docket No. 50–293, Pilgrim Nuclear
The supplements dated June 22 and Facility Operating License No. DPR–
Power Station, Plymouth County,
December 6, 2004, provided clarifying 43: Amendment revised the Technical
Massachusetts
information that did not change the Specifications.
Date of application for amendment: scope of the April 5, 2004, application Date of initial notice in Federal
August 19, 2003, as supplemented on nor the initial proposed no significant Register: December 7, 2004 (69 FR
March 12, 2004. hazards consideration determination. 70720).
Brief description of amendment: The The Commission’s related evaluation The Commission’s related evaluation
amendment revised Pilgrim Nuclear of the amendment is contained in a of the amendment is contained in a
Power Station (Pilgrim) Technical Safety Evaluation dated February 3, Safety Evaluation dated February 15,
Specification (TS) Table 3.2.C–1 by 2005. 2005.
changing the rod block monitor (RBM) No significant hazards consideration No significant hazards consideration
low power setpoint (LPSP) allowable comments received: No. comments received: No.
value from 29% to 25.9%. The
amendment corrected the RBM LPSP FirstEnergy Nuclear Operating Nuclear Management Company, LLC,
(currently ≤29%) that was incorrectly Company, Docket No. 50–440, Perry Docket Nos. 50–266 and 50–301, Point
inserted into Note 5 for TS Table 3.2.C– Nuclear Power Plant, Unit 1, Lake Beach Nuclear Plant, Units 1 and 2,
1 under License Amendment No. 138, County, Ohio Town of Two Creeks, Manitowoc
dated July 1, 1991. Pilgrim plant Date of application for amendment: County, Wisconsin
procedures and the Core Operating March 31, 2004. Date of application for amendments:
Limits Report have enforced the correct Brief description of amendment: This October 5, 2004.
setpoint value of ≤25.9% since issuance amendment modified the technical Brief description of amendments: The
of License Amendment No. 138. specification (TS) surveillance amendments deleted technical
Date of issuance: February 2, 2005. requirements (SRs) for manual actuation specification (TS) 5.6.1, ‘‘Occupational
Effective date: As of the date of of certain main steam safety/relief Radiation Exposure Reports,’’ and TS
issuance, and shall be implemented valves (S/RVs), including those valves 5.6.3, ‘‘Monthly Operating Reports,’’ as
within 60 days. that provide an automatic described in the Notice of Availability

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10002 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

published in the Federal Register on Date of initial notice in Federal Tennessee Valley Authority, Docket No.
June 23, 2004 (69 FR 35067). Register: October 12, 2004 (69 FR 50–390, Watts Bar Nuclear Plant, Unit 1,
Date of issuance: February 7, 2005. 60687). Rhea County, Tennessee
Effective date: As of the date of The Commission’s related evaluation
Date of application for amendment:
issuance and shall be implemented of the amendment is contained in a
July 8, 2004.
within 90 days. Safety Evaluation dated January 25,
Brief description of amendment: The
Amendment Nos.: 216, 221. 2005.
amendment revises Technical
Facility Operating License Nos. DPR– No significant hazards consideration
Specification (TS) Section 3.8.4, ‘‘DC
24 and DPR–27: Amendments revised comments received: No.
Sources-Operating.’’ Specifically, the
the Technical Specifications. Tennessee Valley Authority, Docket amendment removes the term ‘‘inter-
Date of initial notice in Federal Nos. 50–259, 50–260, and 50–296, rack’’ and associated wording from TS
Register: November 9, 2004 (69 FR Browns Ferry Nuclear Plant, Units 1, 2, Surveillance Requirements 3.8.4.6 and
64989). and 3, Limestone County, Alabama 3.8.4.10 for the 125 Volt Direct Current
The Commission’s related evaluation electrical power subsystems of the
Date of application for amendments:
of the amendments is contained in a emergency diesel generators.
July 8, 2004.
Safety Evaluation dated February 7, Date of issuance: February 7, 2005.
Description of amendment request:
2005. Effective date: As of the date of
The amendments revised Technical
No significant hazards consideration Specifications by eliminating the issuance and shall be implemented
comments received: No. requirements associated with hydrogen within 60 days of issuance.
South Carolina Electric & Gas Company, monitors. Amendment No.: 54.
South Carolina Public Service Date of issuance: February 14, 2005. Facility Operating License No. NPF–
Authority, Docket No. 50–395, Virgil C. Effective date: Date of issuance, to be 90: Amendment revises the Technical
Summer Nuclear Station, Unit No. 1, implemented within 60 days. Specifications.
Fairfield County, South Carolina Amendment Nos.: 253, 292 and 251. Date of initial notice in Federal
Facility Operating License Nos. DPR– Register: August 3, 2004 (69 FR 46593).
Date of application for amendment: 33, DPR–52, and DPR–68. Amendments The Commission’s related evaluation
May 21, 2004. revised the Technical Specifications. of the amendment is contained in a
Brief description of amendment: This Date of initial notice in Federal Safety Evaluation dated February 7,
amendment deletes the Technical Register: September 14, 2004 (69 FR 2005.
Specification requirements associated 55473). No significant hazards consideration
with hydrogen recombiners and The Commission’s related evaluation comments received: No.
hydrogen monitors. of the amendment is contained in a
Date of issuance: February 3, 2005. Safety Evaluation dated February 14, TXU Generation Company LP, Docket
Effective date: As of the date of 2005. Nos. 50–445 and 50–446, Comanche
issuance and shall be implemented No significant hazards consideration Peak Steam Electric Station, Unit Nos.
within 60 days. comments received: No. 1 and 2, Somervell County, Texas
Amendment No.: 170. Tennessee Valley Authority, Docket Date of amendment request: January
Renewed Facility Operating License Nos. 50–327 and 50–328, Sequoyah 21, 2004, as supplemented by letters
No. NPF–12: Amendment revises the Nuclear Plant, Units 1 and 2, Hamilton dated November 18 and December 3,
Technical Specifications. County, Tennessee 2004.
Date of initial notice in Federal Brief description of amendments: The
Register: September 28, 2004 (69 FR Date of application for amendments: amendments revise Technical
57990). March 3, 2004. Specifications (TSs) 3.3.1, ‘‘Reactor Trip
The Commission’s related evaluation Brief description of amendments: The System (RTS) Instrumentation,’’ 3.3.2,
of the amendment is contained in a amendments revised the Updated Final ‘‘Engineered Safety Feature Actuation
Safety Evaluation dated February 3, Safety Analysis Report (UFSAR) by System (ESFAS) Instrumentation,’’ and
2005. modifying the licensing basis for the 3.3.6, ‘‘Containment Ventilation
seismic qualification of round flexible Isolation Instrumentation,’’ to adopt the
No significant hazards consideration
ducting, triangular ducting, and completion time, test bypass time, and
comments received: No.
associated air bars installed as part of surveillance frequency time changes
Tennessee Valley Authority, Docket the suspended ceiling air delivery approved by the NRC in Topical Reports
Nos. 50–259, 50–260, and 50–296, system in the main control room. WCAP–14333–P–A, ‘‘Probabilistic Risk
Browns Ferry Nuclear Plant, Units 1, 2, Date of issuance: January 31, 2005.
Effective date: As of the date of Analysis of the RPS [reactor protection
and 3, Limestone County, Alabama
issuance and shall be implemented as system] and ESFAS Test Times and
Date of application for amendments: Completion Times,’’ and WCAP–15376–
part of the next UFSAR update made in
July 2, 2004. P–A, ‘‘Risk-Informed Assessment of the
accordance with 10 CFR 50.71(e).
Description of amendment request: Amendment Nos.: 298 and 287. RTS and ESFAS Surveillance Test
The amendments eliminated the Facility Operating License Nos. DPR– Intervals and Reactor Trip Breaker Test
requirements for the licensee to submit 77 and DPR–79: Amendments revised and Completion Times.’’ The
monthly operating reports and the UFSAR. amendments revise the required actions
occupational radiation exposure reports. Date of initial notice in Federal for certain action conditions; increase
Date of issuance: January 25, 2005. Register: April 27, 2004 (69 FR 22883). the completion times for several
Effective date: Date of issuance, to be The Commission’s related evaluation required actions (including some notes);
implemented within 60 days. of the amendments is contained in a delete notes in certain required actions;
Amendment Nos.: 252, 291 and 250. Safety Evaluation dated January 31, and increase frequency time intervals
Facility Operating License Nos. DPR– 2005. (including certain notes) in several
33, DPR–52, and DPR–68. Amendments No significant hazards consideration surveillance requirements.
revised the Technical Specifications. comments received: No. Date of issuance: January 31, 2005.

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 10003

Effective date: As of the date of Amendment No.: 158. nuclear power plant or in prevention of
issuance and shall be implemented Facility Operating License No. NPF– either resumption of operation or of
within 90 days from the date of 42. The amendment revised the increase in power output up to the
issuance. Technical Specifications. plant’s licensed power level, the
Amendment Nos.: 114, 114. Date of initial notice in Federal Commission may not have had an
Facility Operating License Nos. NPF– Register: August 31, 2004 (69 FR opportunity to provide for public
87 and NPF–89: The amendments 53116). comment on its no significant hazards
revised the Technical Specifications. The Commission’s related evaluation consideration determination. In such
Date of initial notice in Federal of the amendment is contained in a case, the license amendment has been
Register: March 2, 2004 (69 FR 9866). Safety Evaluation dated January 31, issued without opportunity for
The supplemental letters dated 2005. comment. If there has been some time
November 18 and December 3, 2004, No significant hazards consideration for public comment but less than 30
provided clarifying information that did comments received: No. days, the Commission may provide an
not change the scope of the original Notice of Issuance of Amendments to opportunity for public comment. If
application as noticed or the NRC staff’s Facility Operating Licenses and Final comments have been requested, it is so
original proposed no significant hazards Determination of No Significant stated. In either event, the State has
consideration determination. Hazards Consideration and been consulted by telephone whenever
The Commission’s related evaluation Opportunity for a Hearing (Exigent possible.
of the amendments is contained in a Public Announcement or Emergency Under its regulations, the Commission
Safety Evaluation dated January 31, Circumstances) may issue and make an amendment
2005. immediately effective, notwithstanding
No significant hazards consideration During the period since publication of the pendency before it of a request for
comments received: No. the last biweekly notice, the a hearing from any person, in advance
Commission has issued the following of the holding and completion of any
Wolf Creek Nuclear Operating amendments. The Commission has required hearing, where it has
Corporation, Docket No. 50–482, Wolf determined for each of these determined that no significant hazards
Creek Generating Station, Coffey amendments that the application for the consideration is involved.
County, Kansas amendment complies with the The Commission has applied the
Date of amendment request: July 23, standards and requirements of the standards of 10 CFR 50.92 and has made
2004. Atomic Energy Act of 1954, as amended a final determination that the
Brief description of amendment: The (the Act), and the Commission’s rules amendment involves no significant
amendment eliminates the requirements and regulations. The Commission has hazards consideration. The basis for this
in the technical specifications made appropriate findings as required determination is contained in the
associated with hydrogen recombiners by the Act and the Commission’s rules documents related to this action.
and hydrogen monitors. and regulations in 10 CFR Chapter I, Accordingly, the amendments have
Date of issuance: January 31, 2005. which are set forth in the license been issued and made effective as
Effective date: January 31, 2005, and amendment. indicated.
shall be implemented within 90 days Because of exigent or emergency Unless otherwise indicated, the
from the date of issuance. circumstances associated with the date Commission has determined that these
Amendment No.: 157. the amendment was needed, there was amendments satisfy the criteria for
Facility Operating License No. NPF– not time for the Commission to publish, categorical exclusion in accordance
42. The amendment revises the for public comment before issuance, its with 10 CFR 51.22. Therefore, pursuant
Technical Specifications. usual Notice of Consideration of to 10 CFR 51.22(b), no environmental
Date of initial notice in Federal Issuance of Amendment, Proposed No impact statement or environmental
Register: August 31, 2004 (69 FR Significant Hazards Consideration assessment need be prepared for these
53115). Determination, and Opportunity for a amendments. If the Commission has
The Commission’s related evaluation Hearing. prepared an environmental assessment
of the amendment is contained in a For exigent circumstances, the under the special circumstances
Safety Evaluation dated January 31, Commission has either issued a Federal provision in 10 CFR 51.12(b) and has
2005. Register notice providing opportunity made a determination based on that
No significant hazards consideration for public comment or has used local assessment, it is so indicated.
comments received: No. media to provide notice to the public in For further details with respect to the
the area surrounding a licensee’s facility action see (1) the application for
Wolf Creek Nuclear Operating of the licensee’s application and of the amendment, (2) the amendment to
Corporation, Docket No. 50–482, Wolf Commission’s proposed determination Facility Operating License, and (3) the
Creek Generating Station, Coffey of no significant hazards consideration. Commission’s related letter, Safety
County, Kansas The Commission has provided a Evaluation and/or Environmental
Date of amendment request: July 23, reasonable opportunity for the public to Assessment, as indicated. All of these
2004. comment, using its best efforts to make items are available for public inspection
Brief description of amendment: The available to the public means of at the Commission’s Public Document
amendment revises the technical communication for the public to Room (PDR), located at One White Flint
specifications by eliminating the respond quickly, and in the case of North, Public File Area 01F21, 11555
requirements to provide the NRC telephone comments, the comments Rockville Pike (first floor), Rockville,
monthly operating reports and annual have been recorded or transcribed as Maryland. Publicly available records
occupational radiation exposure reports. appropriate and the licensee has been will be accessible from the Agencywide
Date of issuance: January 31, 2005. informed of the public comments. Documents Access and Management
Effective date: January 31, 2005, and In circumstances where failure to act System’s (ADAMS) Public Electronic
shall be implemented within 90 days in a timely way would have resulted, for Reading Room on the Internet at the
from the date of issuance. example, in derating or shutdown of a NRC Web site, http://www.nrc.gov/

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10004 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices

reading-rm/adams.html. If you do not may be entered in the proceeding on the as the representative with respect to that
have access to ADAMS or if there are requestor’s/petitioner’s interest. The contention, or jointly designate with the
problems in accessing the documents petition must also identify the specific sponsoring petitioner/requestor a
located in ADAMS, contact the PDR contentions which the petitioner/ representative who shall have the
Reference staff at 1 (800) 397–4209, requestor seeks to have litigated at the authority to act for the petitioners/
(301) 415–4737 or by e-mail to proceeding. requestors with respect to that
pdr@nrc.gov. Each contention must consist of a contention.
The Commission is also offering an specific statement of the issue of law or
opportunity for a hearing with respect to fact to be raised or controverted. In Those permitted to intervene become
the issuance of the amendment. Within addition, the petitioner/requestor shall parties to the proceeding, subject to any
60 days after the date of publication of provide a brief explanation of the bases limitations in the order granting leave to
this notice, the licensee may file a for the contention and a concise intervene, and have the opportunity to
request for a hearing with respect to statement of the alleged facts or expert participate fully in the conduct of the
issuance of the amendment to the opinion which support the contention hearing. Since the Commission has
subject facility operating license and and on which the petitioner intends to made a final determination that the
any person whose interest may be rely in proving the contention at the amendment involves no significant
affected by this proceeding and who hearing. The petitioner must also hazards consideration, if a hearing is
wishes to participate as a party in the provide references to those specific requested, it will not stay the
proceeding must file a written request sources and documents of which the effectiveness of the amendment. Any
for a hearing and a petition for leave to petitioner is aware and on which the hearing held would take place while the
intervene. Requests for a hearing and a petitioner intends to rely to establish amendment is in effect.
petition for leave to intervene shall be those facts or expert opinion. The
filed in accordance with the A request for a hearing or a petition
petition must include sufficient
Commission’s ‘‘Rules of Practice for information to show that a genuine for leave to intervene must be filed by:
Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a (1) First class mail addressed to the
CFR Part 2. Interested persons should material issue of law or fact.1 Office of the Secretary of the
consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters Commission, U.S. Nuclear Regulatory
which is available at the Commission’s within the scope of the amendment Commission, Washington, DC 20555–
PDR, located at One White Flint North, under consideration. The contention 0001, Attention: Rulemaking and
Public File Area 01F21, 11555 Rockville must be one which, if proven, would Adjudications Staff; (2) courier, express
Pike (first floor), Rockville, Maryland, entitle the petitioner to relief. A mail, and expedited delivery services:
and electronically on the Internet at the petitioner/requestor who fails to satisfy Office of the Secretary, Sixteenth Floor,
NRC Web site, http://www.nrc.gov/ these requirements with respect to at One White Flint North, 11555 Rockville
reading-rm/doc-collections/cfr/. If there least one contention will not be Pike, Rockville, Maryland 20852,
are problems in accessing the document, permitted to participate as a party. Attention: Rulemaking and
contact the PDR Reference staff at 1 Each contention shall be given a Adjudications Staff; (3) e-mail
(800) 397–4209, (301) 415–4737, or by e- separate numeric or alpha designation addressed to the Office of the Secretary,
mail to pdr@nrc.gov. If a request for a within one of the following groups: U.S. Nuclear Regulatory Commission,
hearing or petition for leave to intervene 1. Technical—primarily concerns/ HearingDocket@nrc.gov; or (4) facsimile
is filed by the above date, the issues relating to technical and/or transmission addressed to the Office of
Commission or a presiding officer health and safety matters discussed or
designated by the Commission or by the the Secretary, U.S. Nuclear Regulatory
referenced in the applications. Commission, Washington, DC,
Chief Administrative Judge of the 2. Environmental—primarily
Atomic Safety and Licensing Board concerns/issues relating to matters Attention: Rulemakings and
Panel, will rule on the request and/or discussed or referenced in the Adjudications Staff at (301) 415–1101,
petition; and the Secretary or the Chief environmental analysis for the verification number is (301) 415–1966.
Administrative Judge of the Atomic applications. A copy of the request for hearing and
Safety and Licensing Board will issue a 3. Miscellaneous—does not fall into petition for leave to intervene should
notice of a hearing or an appropriate one of the categories outlined above. also be sent to the Office of the General
order. As specified in 10 CFR 2.309, if two Counsel, U.S. Nuclear Regulatory
As required by 10 CFR 2.309, a or more petitioners/requestors seek to Commission, Washington, DC 20555–
petition for leave to intervene shall set co-sponsor a contention, the petitioners/ 0001, and it is requested that copies be
forth with particularity the interest of requestors shall jointly designate a transmitted either by means of facsimile
the petitioner in the proceeding, and representative who shall have the transmission to (301) 415–3725 or by e-
how that interest may be affected by the authority to act for the petitioners/ mail to OGCMailCenter@nrc.gov. A copy
results of the proceeding. The petition requestors with respect to that of the request for hearing and petition
should specifically explain the reasons contention. If a petitioner/requestor for leave to intervene should also be
why intervention should be permitted seeks to adopt the contention of another sent to the attorney for the licensee.
with particular reference to the sponsoring petitioner/requestor, the
following general requirements: (1) The petitioner/requestor who seeks to adopt Nontimely requests and/or petitions
name, address, and telephone number of the contention must either agree that the and contentions will not be entertained
the requestor or petitioner; (2) the sponsoring petitioner/requestor shall act absent a determination by the
nature of the requestor’s/petitioner’s Commission or the presiding officer or
right under the Act to be made a party 1 To the extent that the applications contain the Atomic Safety and Licensing Board
to the proceeding; (3) the nature and attachments and supporting documents that are not that the petition, request and/or the
extent of the requestor’s/petitioner’s publicly available because they are asserted to contentions should be granted based on
contain safeguards or proprietary information,
property, financial, or other interest in petitioners desiring access to this information a balancing of the factors specified in 10
the proceeding; and (4) the possible should contact the applicant or applicant’s counsel CFR 2.309(a)(1)(i)–(viii).
effect of any decision or order which and discuss the need for a protective order.

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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 10005

Duke Energy Corporation, et al., Docket questionnaire to a random sampling of A Closed Meeting will be held on
No. 50–414, Catawba Nuclear Station record and personal sources contacted Wednesday, March 2, 2005 at 10 a.m., and an
Unit 2, York County, South Carolina during background investigations when Open Meeting will be held on Thursday,
investigators have performed fieldwork. March 3, 2005 at 10 a.m. in Room 1C30,
Date of amendment request: February William O. Douglas Meeting Room.
5, 2005, as supplemented by letter dated The OFI 10 is used as a quality control
February 7, 2005. instrument designed to ensure the Commissioners, Counsel to the
Description of amendment request: accuracy and integrity of the Commissioners, the Secretary to the
The amendment revises the system investigative product, as it inquires of Commission, and recording secretaries
bypass leakage acceptance criterion for the sources about the investigative will attend the Closed Meeting. Certain
the charcoal adsorber in the 2B procedure employed by the investigator, staff members who have an interest in
Auxiliary Building Filtered Ventilation the investigator’s professionalism, and the matters may also be present.
Exhaust System train as listed in the information discussed and reported. The General Counsel of the
Technical Specification 5.5.11, It is estimated that 9,600 OFI 10 forms Commission, or his designee, has
‘‘Ventilation Filter Testing Program.’’ are sent to individual sources annually. certified that, in his opinion, one or
Date of issuance: February 7, 2005. Of those, it is estimated that 5,600 more of the exemptions set forth in 5
Effective date: As of the date of individuals respond. U.S.C. 552b(c)(3), (5), (7), (9)(B), and
issuance and shall be implemented We anticipate sending and receiving a (10) and 17 CFR 200.402(a)(3), (5), (7),
within 30 days from the date of similar number of OFI 10 forms in the 9(ii) and (10), permit consideration of
issuance. years ahead. Each form takes the scheduled matters at the Closed
Amendment No.: 213. approximately six minutes to complete. Meeting.
Renewed Facility Operating License The estimated annual burden is 560 Commissioner Campos, as duty
No. NPF–52: Amendments revised the hours. officer, voted to consider the items
Technical Specifications. For copies of this proposal, contact listed for the closed meeting in closed
Public comments requested as to Mary Beth Smith-Toomey on (202) 606– session and that no earlier notice thereof
proposed no significant hazards 8358, Fax (202) 418–3251 or e-mail to was possible.
consideration (NSHC): No. mbtoomey@opm.gov. Please be sure to
The subject matter of the Closed
The Commission’s related evaluation include a mailing address with your
Meeting scheduled for Wednesday,
of the amendment, finding of emergency request.
March 2, 2005, will be:
circumstances, state consultation, and DATES: Comments on this proposal Formal orders of investigations;
final NSHC determination are contained should be received within 30 calendar Institution and settlement of
in a safety evaluation dated February 7, days from the date of this publication. injunctive actions; and
2005. ADDRESSES: Send or deliver comments
Attorney for licensee: Ms. Anne Institution and settlement of
to: administrative proceedings of an
Cottingham, Esquire.
Kathy Dillaman, Deputy Associate enforcement nature.
NRC Section Chief: John A. Nakoski.
Director, Center for Federal The subject matters of the Open
Dated in Rockville, Maryland, this 17th Investigative Services, U.S. Office of
day of February 2005.
Meeting scheduled for Thursday, March
Personnel Management, 1900 E. 3, 2005, will be:
For the Nuclear Regulatory Commission. Street, Room 5416, Washington, DC
Ledyard B. Marsh, 20415; and, 1. The Commission will consider whether
to adopt new rule 22c–2 under the
Director, Division of Licensing Project Joseph Lackey, Desk Officer, Office of Investment Company Act of 1940. The rule
Management, Office of Nuclear Reactor Information and Regulatory Affairs, would allow registered open-end investment
Regulation. Office of Management and Budget, companies (‘‘funds’’) to impose a redemption
[FR Doc. 05–3627 Filed 2–28–05; 8:45 am] New Executive Office Building, NW., fee, not to exceed two percent of the amount
BILLING CODE 7590–01–P Room 10235, Washington, DC 20503. redeemed, to be retained by the fund. The
FOR FURTHER INFORMATION CONTACT: new rule also would require funds to enter
Doug Steele—Program Analyst, Program into written agreements with intermediaries
OFFICE OF PERSONNEL (such as broker-dealers and retirement plan
Services Group, Center for Federal administrators) that hold fund shares on
MANAGEMENT Investigative Services, U.S. Office of behalf of other investors, under which the
Personnel Management. (202) 606–2325. intermediaries must agree to (i) provide
Submission for OMB Review; funds with certain shareholder identity and
Comment Request for Revision of an Office of Personnel Management.
Dan G. Blair, transaction information at the request of the
Expiring Information Collection: Mail fund, and (ii) implement fund instructions to
Reinterview Form (OFI 10), OMB No. Acting Director. implement trading restrictions against traders
3206–0106 [FR Doc. 05–3838 Filed 2–28–05; 8:45 am] the fund has identified as violating the fund’s
BILLING CODE 6325–38–P market timing policies. The Commission is
AGENCY: Office of Personnel also seeking additional comment on whether
Management. it should establish uniform standards for
ACTION: Notice. redemption fees charged under the rule.
SECURITIES AND EXCHANGE 2. The Commission will consider whether
SUMMARY: In accordance with the COMMISSION to propose a new rule, under the Securities
Paperwork Reduction Act of 1995 (Pub. Exchange Act of 1934, that would define the
Sunshine Act Meetings term ‘‘nationally recognized statistical rating
L. 104–13), this notice announces that
the Office of Personnel Management has Notice is hereby given, pursuant to organization’’ (or ‘‘NRSRO’’).
3. The Commission will consider whether
submitted to the Office of Management the provisions of the Government in the to approve the budget of the Public Company
and Budget (OMB) a request for revision Sunshine Act, Pub. L. 94–409, that the Accounting Oversight Board and will
of an expiring information collection Securities and Exchange Commission consider the annual accounting support fees
(Mail Reinterview Form OFI 10; OMB will hold the following meetings during under section 109 of the Sarbanes-Oxley Act
No. 3206–0106). OPM sends the OFI 10 the week of February 28, 2005: of 2002.

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