47278 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

dated June 30 and December 11, 2008, 

and January 22, February 17, and July 

27, 2009, for proposed amendment to 

Facility Operating License Nos. NPF–87 

and NPF–89 for the Comanche Peak 

Steam Electric Station (CPSES), Units 1 

and 2, located in Somervell County, 

Texas. 

The proposed amendment would 

have revised Technical Specification 

(TS) 1.0, ‘‘Use and Application’’ and TS 

3.7.17, ‘‘Spent Fuel Assembly Storage,’’ 

for the CPSES, Units 1 and 2. 

Specifically, the request was to revise 

the rated thermal power from 3458 

megawatts thermal (MWT) to 3612 

MWT and for approval of the revised 

spent fuel pool (SFP) criticality safety 

analysis and the associated changes to 

TS 3.7.17 for revised spent fuel storage 

configurations. By letter dated June 27, 

2008 (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML081510157), the U.S. 

Nuclear Regulatory Commission (NRC) 

approved changes to TS 1.0, ‘‘Use and 

Application’’ to revise the rated thermal 

power level from 3458 MWT to 3612 

MWT. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on October 23, 

2007 (72 FR 60034), for amendments to 

TS 1.0 and TS 3.7.17. The amendment 

to TS 1.0 to revise the rated thermal 

power level from 3458 MWT to 3612 

MWT was approved by NRC by letter 

dated June 27, 2008. However, by letter 

dated August 20, 2009, the licensee 

withdrew the proposed change to TS 

3.7.17, ‘‘Spent Fuel Assembly Storage.’’ 

For further details with respect to this 

action, see the application for 

amendment dated August 28, 2007 

application, as supplemented by letters 

dated June 30 and December 11, 2008, 

and January 22, February 17, and July 

27, 2009, and the licensee’s letter dated 

August 20, 2009, which withdrew the 

application for license amendment to 

TS 3.7.17. Documents may be examined, 

and/or copied for a fee, at the NRC’s 

Public Document Room (PDR), located 

at One White Flint North, Public File 

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 (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, or 301– 

415–4737 or by e-mail to 

pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 21st day 

of August 2009. 

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. E9–22128 Filed 9–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–250 and 50–251 NRC– 

2009–0402] 

Turkey Point; Notice of Consideration 

of Issuance of Amendment to Facility 

Operating License, Proposed No 

Significant Hazards Consideration 

Determination, and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. DPR– 

31 and Facility Operating License No. 

DPR–41 issued to Florida Power & Light 

(FPL, the licensee) for operation of the 

Turkey Point, Units 3 and 4 located in 

Florida City, Florida. 

The proposed amendment would 

delay the date specified in License 

Amendments 234 and 229 for the 

implementation of the Boraflex Remedy 

in the Turkey Point Units 3 and 4 spent 

fuel pools. 

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. 

The proposed license amendments extend 

the implementation period specified in 

License Amendments 234 and 229. The delay 

will allow FPL to continue to work with our 

vendor to successfully fabricate the 

Metamic® inserts to the design requirements 

for insertion until both SFPs [spent fuel 

pools] are configured in accordance with the 

previously approved Boraflex® Remedy 

license amendments. 

During this extension period, FPL will 

continue to rely on the current Turkey Point 

licensing basis, including the presence of 

Boraflex®, the continuation of existing 

administrative controls, and our currently 

approved monitoring and surveillance 

program until such time that the Boraflex®

Remedy license amendments are fully 

implemented. These measures will continue 

to ensure required margins to criticality are 

maintained such that the consequences of an 

accident are not increased. As the delay in 

implementation of the Boraflex® Remedy 

does not affect any accident initiation 

sequences, the probability of occurrence on 

an accident in the SFPs is not increased by 

delay in implementation of License 

Amendment Nos. 234 and 229. Therefore, the 

proposed change does not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any previously evaluated? 

Response: No. 

The proposed license amendments extend 

the implementation period specified in 

License Amendments 234 and 229. The delay 

will allow FPL to continue to work with our 

vendor to successfully fabricate the 

Metamic® inserts to the design requirements 

for insertion until both SFPs are configured 

in accordance with the previously approved 

Boraflex® Remedy license amendments. 

During this extension period, FPL will 

continue to rely on the current Turkey Point 

licensing basis, including the presence of 

Boraflex®, the continuation of existing 

administrative controls, and our currently 

approved monitoring and surveillance 

program until such time that the Boraflex®

Remedy license amendments are fully 

implemented. As no unapproved physical 

changes to the spent fuel storage cells are 

involved with this delay in implementation 

of the Boraflex® Remedy, no new failure 

modes are created by an extended 

implementation date. Therefore, the 

proposed change does not create the 

possibility of a new or different kind of 

accident from any previously evaluated. 

3. Does the proposed change involve a 

significant reduction in the margin of safety? 

Response: No. 

The proposed license amendments extend 

the implementation period specified in 

License Amendments 234 and 229. The delay 

will allow FPL to continue to work with our 

vendor to successfully fabricate the 

Metamic® inserts to the design requirements 


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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47279 

for insertion until both SFPs are configured 

in accordance with the previously approved 

Boraflex® Remedy license amendments. 

During this extension period, FPL will 

continue to rely on the current Turkey Point 

licensing basis, including the presence of 

Boraflex®, the continuation of existing 

administrative controls, and our currently 

approved monitoring and surveillance 

program until such time that the Boraflex®

Remedy license amendments are fully 

implemented. These measures will continue 

to ensure required margins to criticality are 

maintained. As no unapproved physical 

changes to the spent fuel storage cells are 

involved with this delay in implementation 

of the Boraflex® Remedy and since Boraflex®

degradation will continue to be closely 

monitored to ensure acceptable margins to 

criticality are maintained, the proposed 

change does not involve a significant 

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 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day 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. 

Written comments may be submitted 

by mail to the Chief, Rulemaking and 

Directives Branch (RDB), TWB–05– 

B01M, Division of Administrative 

Services, Office of Administration, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

should cite the publication date and 

page number of this Federal Register 

notice. Written comments may also be 

faxed to the RDB at 301–492–3446. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license. 

Requests for a hearing and a petition for 

leave to intervene shall be filed in 

accordance with the Commission’s 

‘‘Rules of Practice for Domestic 

Licensing Proceedings’’ in 10 CFR part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s PDR, 

located at One White Flint North, Public 

File Area O1F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible 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/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also identify the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner/requestor must 

also provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the amendment 

under consideration. The contention 

must be one which, if proven, would 

entitle the petitioner to relief. A 

petitioner/requestor who fails to satisfy 

these requirements with respect to at 

least one contention will not be 

permitted to participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing. 

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. 

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 


sroberts on DSKD5P82C1PROD with NOTICES
47280 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

accordance with the NRC E–Filing rule, 

which the NRC promulgated in August 

28, 2007 (72 FR 49139). 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 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

hearing.docket@nrc.gov, or by calling 

(301) 415–1677, to request (1) A digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E–Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E–Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

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/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE 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 through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/ 

site-help/e-submittals.html or by calling 

the NRC Meta-System Help Desk, which 

is available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

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 firstclass 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the request and/or petition should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)-(viii). 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/ehd_proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a 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 

submissions. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated [date], 

which is 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 

pdr.resource@nrc.gov. 

Attorney for licensee: M.S. Ross, 

Attorney, Florida Power & Light, P.O. 

Box 14000, Juno Beach, Florida 33408– 

0420. 

Dated at Rockville, Maryland, this 8th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Brenda L. Mozafari, 

Senior Project Manager, Plant Licensing 

Branch II–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–22185 Filed 9–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0396] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–2001. 

FOR FURTHER INFORMATION CONTACT: R. 

A. Jervey, U.S. Nuclear Regulatory 


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