[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Notices]
[Pages 16012-16015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6667]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0063; Docket Nos. 50-498 And 50-499]


STP Nuclear Operating Company, et al. South Texas Project, Units 
1 and 2 Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request, opportunity to comment, 
opportunity to request a hearing.

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DATES: Comments must be filed by April 21, 2011. A request for a 
hearing must be filed by May 23, 2011.

ADDRESSES: Please include Docket ID NRC-2011-0063 in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site http://www.regulations.gov. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods.
    Federal Rulemaking Web Site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2011-0063. Comments may 
be submitted electronically through this Web site. Address questions 
about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#8dceecffe2e1a3caece1e1eceae5e8ffcde3ffeea3eae2fb"><span class="__cf_email__" data-cfemail="602301120f0c4e27010c0c0107080512200e12034e070f16">[email protected]</span></a>.
    Mail comments to: Chief, Rules, Announcements and Directives Branch 
(RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear 
Regulatory Commission, Washington,

[[Page 16013]]

DC 20555-0001, or by fax to RADB at 301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine, and have 
copied for a fee, publicly available documents at the NRC's PDR, Room 
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland. These documents may also be viewed electronically on the 
public computers located at the NRC's PDR at 11555 Rockville Pike, 
Rockville, Maryland 20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#5c2c382e722e392f33292e3f391c322e3f723b332a"><span class="__cf_email__" data-cfemail="94e4f0e6bae6f1e7fbe1e6f7f1d4fae6f7baf3fbe2">[email protected]</span></a>.
    The application for amendment, dated May 18, 2010, is available 
electronically under ADAMS Accession No. ML101450414, as supplemented 
by application dated March 1, 2011, under ADAMS Accession No. 
ML110690223.
    Federal Rulemaking Web Site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2011-0063.

FOR FURTHER INFORMATION CONTACT: Balwant K. Singal, Senior Project 
Manager, Plant Licensing Branch IV, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: 301-415-3016; 
fax number: 301-415-1222; e-mail: <a href="/cdn-cgi/l/email-protection#2547444952444b510b564c4b424449654b57460b424a53"><span class="__cf_email__" data-cfemail="7d1f1c110a1c1309530e14131a1c113d130f1e531a120b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-76 and NPF-80 issued to STP Nuclear Operating Company, et al. (the 
licensee) for operation of the South Texas Project (STP), Units 1 and 
2, located in Matagorda County, Texas.
    The notice is being reissued in its entirety due to the re-
submittal by the licensee to address NRC staff concerns. It was 
previously published in the Federal Register on September 21, 2010 (75 
FR 57529). The proposed amendment would revise Technical Specification 
(TS) 6.8.3.I, ``Containment Post-Tensioning System Surveillance 
Program.'' TS 6.8.3.I states that the containment post-tensioning 
system surveillance program shall be in accordance with American 
Society of Mechanical Engineers (ASME) Code, Section XI, Subsection 
IWL, 1992 Edition with 1992 Addenda, as supplemented by 10 CFR 
50.55a(b)(2)(viii). The proposed amendment removes the specific year of 
the applicable Code edition consistent with Revision 3.1 of NUREG-1431, 
``Standard Technical Specifications, Westinghouse Plants'' and will 
allow for future updates to the surveillance program when the 
applicable code edition changes without requiring additional TS 
changes.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response:
    No. Inspection practices and acceptance standards will continue 
to be consistent with the approved ASME code edition as specified by 
10 CFR 50.55a.
    Therefore, the proposed changes will not increase the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response:
    No. The proposed changes will not alter the plant configuration 
(no new or different type of equipment will be installed) or require 
any unusual operator actions. The proposed changes will not alter 
the way any structure, system, or component functions, and will not 
significantly alter the manner in which the plant is operated. The 
response of the plant and the operators following an accident will 
not be different. In addition, the proposed change does not 
introduce any new failure modes.
    Therefore, the proposed changes will not create the possibility 
of a new or different kind of accident from any accident previously 
analyzed.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response:
    No. Containment tendon inspection practices and acceptance 
standards will continue to be consistent with the applicable ASME 
code edition. There is no change in surveillance acceptance 
criteria.
    Therefore, the proposed changes will not result in a reduction 
in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by April 21, 2011 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed under the ADDRESSES caption.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are

[[Page 16014]]

found in 10 CFR 2.309, ``Hearing requests, petitions to intervene, 
requirements for standing, and contentions.'' Interested persons should 
consult 10 CFR Part 2, Section 2.309, which is available at the NRC's 
Public Document Room (PDR), located at O1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 800-397-
4209 or 301-415-4737). NRC regulations are also accessible 
electronically from the NRC's Electronic Reading Room on the NRC Web 
site at http://www.nrc.gov.

III. Petitions for Leave To Intervene

    Any person whose interest may be affected by this proceeding and 
who wishes to participate as a party in the proceeding must file a 
written petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the requestor/petitioner in the proceeding and how that 
interest may be affected by the results of the proceeding. The petition 
must provide the name, address, and telephone number of the requestor 
or petitioner and specifically explain the reasons why the intervention 
should be permitted with particular reference to the following factors: 
(1) The nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (2) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/petitioner's 
interest. The petition must also identify the specific contentions 
which the requestor/petitioner seeks to have litigated at the 
proceeding.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings the NRC must make to support 
the granting of a license amendment in response to the application. The 
petition must include a concise statement of the alleged facts or 
expert opinions which support the position of the requestor/petitioner 
and on which the requestor/petitioner intends to rely at hearing, 
together with references to the specific sources and documents on which 
the requestor/petitioner intends to rely. Finally, the petition must 
provide sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact, including 
references to specific portions of the application for amendment that 
the requestor/petitioner disputes and the supporting reasons for each 
dispute, or, if the requestor/petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's/petitioner's belief. Each contention must 
be one which, if proven, would entitle the requestor/petitioner to 
relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally-recognized Indian tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by May 
23, 2011. The petition must be filed in accordance with the filing 
instructions in the section below entitled ``Electronic Submissions (E-
Filing),'' and should meet the requirements for petitions for leave to 
intervene set forth in this section, except that State and Federally-
recognized Indian tribes do not need to address the standing 
requirements in 10 CFR 2.309(d)(1) if the facility is located within 
its boundaries. The entities listed above could also seek to 
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board. Persons desiring 
to make a limited appearance are requested to inform the Secretary of 
the Commission by May 23, 2011.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.

IV Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#4a222f2b3823242d642e2529212f3e0a243829642d253c"><span class="__cf_email__" data-cfemail="dcb4b9bdaeb5b2bbf2b8b3bfb7b9a89cb2aebff2bbb3aa">[email protected]</span></a>, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or

[[Page 16015]]

representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#49041a010d671b2c3a263c3b2a2c09273b2a672e263f"><span class="__cf_email__" data-cfemail="571a041f137905322438222534321739253479303821">[email protected]</span></a>, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First-class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/ unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from March 22, 2011. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).

V. Further Information

    For further details with respect to this license amendment 
application, see the application for amendment dated May 18, 2010, as 
supplemented by application dated March 1, 2011, which are available 
for public inspection at the Commission's PDR, located at One White 
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System's (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to <a href="/cdn-cgi/l/email-protection#94e4f0e6bae6f1e7fbe1e6f7f1d4fae6f7baf3fbe2"><span class="__cf_email__" data-cfemail="f2829680dc8097819d87809197b29c8091dc959d84">[email protected]</span></a>.
    Attorney for licensee: A. H. Gutterman, Esq., Morgan, Lewis & 
Bockius, 1111 Pennsylvania Avenue, NW., Washington, DC 20004.

    Dated at Rockville, Maryland, this 15th day of March 2011.
    For The Nuclear Regulatory Commission.
Balwant K. Singal,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-6667 Filed 3-21-11; 8:45 am]
BILLING CODE 7590-01-P


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