52824 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 

by letter dated May 5, 2009. 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 send an 

e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 7th day 

of October 2009. 

For the Nuclear Regulatory Commission. 

Jon Thompson, 

Project Manager, Plant Licensing Branch II– 

1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–24722 Filed 10–13–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0451; Docket No. 50–220] 

Nine Mile Point Nuclear Station, Unit 

No. 1; 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– 

63 issued to Nine Mile Point Nuclear 

Station, LLC (the licensee) for operation 

of Nine Mile Point, Unit No. 1 (NMP1) 

located in Oswego, NY. 

The proposed amendment would 

modify Technical Specification (TS) 

sections 3.2.7.1 and 4.2.7.1, ‘‘Primary 

Coolant System Pressure Isolation 

Valves,’’ to incorporate requirements 

that are consistent with section 3.4.5 of 

the Improved Standard TSs, NUREG– 

1433, Revision 3. The proposed TS 

changes include the addition of 

applicable reactor operating conditions, 

addition of actions to be taken when 

pressure isolation valve (PIV) leakage is 

not within limit, relocation of the PIV 

leakage limit criterion from TS Table 

3.2.7.1 to Specification 4.2.7.1.a, 

replacement of the existing PIV leakage 

test frequencies with a reference to the 

Inservice Testing Program, and deletion 

of TS Table 3.2.7.1, ‘‘Primary Coolant 

System Pressure Isolation Valves.’’ The 

list of PIVs would be relocated from TS 

Table 3.2.7.1 to the NMP1 Updated 

Final Safety Analysis Report, consistent 

with the guidance in Generic Letter (GL) 

91–08, ‘‘Removal of Component Lists 

from Technical Specifications.’’ 

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 amendment involve 

a significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The proposed amendment involves 

changes to the TS requirements that apply to 

reactor coolant system (RCS) PIVs. No 

physical plant changes are involved. PIVs 

isolate the boundary between the high 

pressure RCS and connected low pressure 

piping systems. The TS requirements are 

intended to detect PIV degradation that has 

the potential to cause a loss of coolant 

accident (LOCA) outside of containment due 

to the failure of low pressure portions of 

systems connected to the RCS. 

The proposed changes to the TS 

requirements are consistent with NUREG– 

1433, ‘‘Standard Technical Specifications, 

General Electric Plants, BWR/4,’’ and will 

continue to ensure that excessive leakage 

through these valves is properly identified 

and resolved. Testing in accordance with the 

IST [Inservice Testing] Program will continue 

to detect PIV leakage in excess of the 

established limits, which are not being 

changed. When these limits are exceeded, 

required actions will initiate appropriate 

activities to minimize the impact of the 

leakage. These actions will not adversely 

impact nuclear safety because the flow paths 

will be sufficiently isolated, the period of 

time without redundant isolation capability 

will be appropriately limited, and the 

probability of a second valve failing during 

this time period is low. Thus, the proposed 

amendment does not result in operation that 

would make an accident more likely to occur, 

and does not alter assumptions relative to 

mitigation of a previously evaluated accident. 

Relocation of the list of PIVs from the TS 

to a licensee-controlled document (the 

UFSAR) in accordance with the guidance in 

GL 91–08 is an administrative change that 

does not alter the TS requirements that are 

applicable to the PIVs. Based on the above 

discussion, it is concluded that the proposed 

amendment does not involve a significant 

increase in the probability or consequences 

of an accident previously evaluated. 

2. Does the proposed amendment create 

the possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed amendment involves 

changes to the TS requirements that apply to 

RCS PIVs. These changes to the TS 

requirements are consistent with NUREG– 

1433. The proposed changes do not involve 

a physical alteration of the plant (no new or 

different type of equipment will be installed) 

or changes in the methods governing normal 

plant operation. The changes also do not alter 

the design function of the PIVs and do not 

adversely affect the ability of the PIVs to 

perform their design function. 

Therefore, the proposed amendment does 

not create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

3. Does the proposed amendment involve 

a significant reduction in a margin of safety? 

Response: No. 

The proposed amendment involves 

changes to the TS requirements that apply to 

RCS PIVs. No physical plant changes are 

involved. PIVs isolate the boundary between 

the high pressure RCS and connected low 

pressure piping systems. The revised TS PIV 

requirements will continue to ensure that 

excessive leakage through these valves is 

properly identified and resolved, such that a 

LOCA outside of containment due to the 

failure of low pressure portions of systems 

connected to the RCS will be no more likely 

to occur. Thus, the proposed amendment will 

not result in a design basis or safety limit 

being exceeded or altered. 

Based on the above discussion, it is 

concluded that the proposed amendment 

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 

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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 52825 

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 

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 ViewerJ is free and is 

available at 

http://www.nrc.gov/site-help/esubmittals/install-viewer.html. 

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52826 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 

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/esubmittals.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/sitehelp/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 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. 

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 

September 18, 2009 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML092640681), 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 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: Mark J. 

Wetterhahn, Esquire, Winston & Strawn, 

1700 K Street, NW., Washington, DC 

20006. 

Dated at Rockville, Maryland, this 6th day 

of October 2009. 

For the Nuclear Regulatory Commission. 

Richard V. Guzman, 

Senior Project Manager, Plant Licensing 

Branch 1–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–24721 Filed 10–13–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–220; NRC–2009–0450] 

Nine Mile Point Nuclear Station, Unit 

No. 1 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– 

63 issued to Nine Mile Point Nuclear 

Station, LLC (the licensee) for operation 

of Nine Mile Point, Unit No. 1 (NMP1) 

located in Oswego, NY. 

The proposed amendment would 

remove position indication for the relief 

valves and safety relief valves from 

NMP1 Technical Specifications (TSs) 

3.6.11, ‘‘Accident Monitoring 

Instrumentation.’’ The licensee’s 

justification for the proposed 

amendment is that position indication 

for the relief valves and safety relief 

valves do not meet any of the criteria for 

inclusion in the TSs provided in the 

NRC ‘‘Final Policy Statement on 

Technical Specifications Improvements 

for Nuclear Power Reactors,’’ 58 FR 

39132, dated July 22, 1993. The 

proposed amendment would also 

correct an editorial error in the title of 

Table 4.6.11. 

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 

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