[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60504-60507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18920]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-341; NRC-2023-0146]


DTE Electric Company; Fermi, Unit 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is considering issuance of an amendment to Renewed Facility Operating 
License No. NPF-43, issued to DTE Electric Company, for operation of 
Fermi, Unit

[[Page 60505]]

2 (Fermi 2). The proposed amendment requests an amendment to the Fermi 
2 Technical Specifications (TS) 3.7.2, to allow for a one-time 
extension of the Condition A Completion Time to allow repair of 
Division 1 Mechanical Draft Cooling Tower A and C fan pedestals while 
online. The proposed amendment is being requested due to an exigent 
circumstance pursuant to NRC regulations.

DATES: Submit comments by September 15, 2023. Request for a hearing or 
petitions for leave to intervene must be filed by October 31, 2023.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal Rulemaking website.
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0146. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#3d6e495c5e44136e5e5548505c53537d534f5e135a524b"><span class="__cf_email__" data-cfemail="96c5e2f7f5efb8c5f5fee3fbf7f8f8d6f8e4f5b8f1f9e0">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> Mail Comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Surinder S. Arora, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1421, email: <a href="/cdn-cgi/l/email-protection#7a290f0813141e1f08543b0815081b3a140819541d150c"><span class="__cf_email__" data-cfemail="1c4f696e757278796e325d6e736e7d5c726e7f327b736a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0146 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0146.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#663622344834031509131405032608140548010910"><span class="__cf_email__" data-cfemail="f5a5b1a7dba790869a80879690b59b8796db929a83">[email protected]</span></a>. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#366672641864534559434455537658445518515940"><span class="__cf_email__" data-cfemail="1c4c584e324e796f73696e7f795c726e7f327b736a">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0146 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License No. NPF-43, issued to DTE Electric Company, for 
operation of Fermi, Unit 2, located in Monroe County, Michigan.
    The proposed amendment requests an amendment to the Fermi, Unit 2, 
Technical Specifications (TS) 3.7.2, to allow for a one-time extension 
of the Condition A Completion Time to allow repair of Division 1 
Mechanical Draft Cooling Tower A and C fan pedestals while online. The 
proposed amendment is being requested due to an exigent circumstance 
pursuant to paragraph 50.91(a)(6) of title 10 of the Code of Federal 
Regulations (10 CFR).
    On July 18, 2023, the Division II Residual Heat Removal Service 
Water Mechanical Draft Cooling Tower (MDCT) fan D tripped due to high 
vibrations caused by a degraded, non-conforming gearbox pedestal. 
Corrective actions were required to correct the conditions and restore 
the equipment to an operable status, using extra time allowed by the 
Notice of Enforcement Discretion approved by the NRC on July 20, 2023. 
During that time the ultimate heat sink was declared inoperable. During 
the `extent of condition' review by DTE, it was discovered that the 
MDCT A and C fan pedestals were also degraded and non-conforming but 
remained operable and also in need of similar repair. DTE submitted 
this amendment to repair the Division I MDCT A and C fan pedestals. 
Additionally, the request provides justification that obtaining an 
extension of the Completion Time to repair the Division [verbar] MDCT 
fan pedestals online instead of waiting until the next refueling 
outage.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC has made a proposed determination that 
the license amendment request involves no significant hazards 
consideration. Under the NRC's regulations in 10 CFR 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.
    DTE will use the compensatory measures and Fermi 2 Configuration 
Risk Management program requirements outlined [in] Section 3.2 and in 
enclosure 4 [of ML23222A037] during the duration of the proposed 
extension

[[Page 60506]]

of the Completion Time for the MDCT fan pedestal repair. The risk 
impact of the proposed Completion Time is deemed acceptable and meets 
the requirements of RG 1.177 [Risk Evaluation is in Enclosure 4 of 
ML23222A037].
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes do not involve a change in design, 
configuration, or method of operation of the plant. The proposed 
changes will not alter the manner in which equipment is initiated, nor 
will the functional demands on credited equipment be changed. The 
proposed changes do not impact the interaction of any systems whose 
failure or malfunction can initiate an accident. There are no 
identified redundant components affected by these changes and, thus, 
there are no new common cause failures or any existing common cause 
failures that are affected by extending the Completion Time. The 
proposed changes do not create any new failure modes.
    Therefore, the proposed changes do not create the possibility of a 
new or different kind of accident from any previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes do not alter the plant design, nor do they 
affect the assumptions contained in the safety analyses. Specifically, 
there are no changes being made to the MDCT fan design. The proposed 
changes have been evaluated and margins of safety ascribed to Emergency 
Equipment Cooling Water (EECW) [Correction by the Licensee in 
ML23237B402] availability and to plant risk have been determined to be 
not significantly reduced. The risk impact of the proposed changes is 
acceptable to the compensatory measures and other requirements, as 
outlined in Section 3.2 and in Enclosure 4 [of ML23222A037]. As 
analyzed in the UFSAR, the loss of the Division [verbar] MDCT fans 
would not cause a significant reduction in safety because the MDCT 
system is redundant and can perform its function with one division 
unavailable.
    The evaluation provided above shows that the proposed changes will 
not significantly increase the probability or the consequences of any 
accident previously evaluated, create the possibility of a new or 
different kind of accident from any accident previously evaluated, or 
involve a significant reduction in the margin of safety.
    The NRC staff has reviewed the licensee's analysis and based on 
this review, the three standards of 10 CFR 50.92(c) are satisfied. 
Therefore, the NRC staff proposes to determine that the license 
amendment request involves a no significant hazards consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 14 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 the 14-day notice period. However, if circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. If 
the Commission takes this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, the Commission 
may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 and on the NRC's public website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056)

[[Page 60507]]

and on the NRC's public website at https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#2c64494d5e45424b0268434f4749586c425e4f024b435a"><span class="__cf_email__" data-cfemail="79311c180b10171e573d161a121c0d39170b1a571e160f">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#89c4dac1cda7dbecfae6fcfbeaecc9e7fbeaa7eee6ff"><span class="__cf_email__" data-cfemail="d598869d91fb87b0a6baa0a7b6b095bba7b6fbb2baa3">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b) through (d). Participants filing adjudicatory documents in 
this manner are responsible for serving their documents on all other 
participants. Participants granted an exemption under 10 CFR 
2.302(g)(2) must still meet the electronic formatting requirement in 10 
CFR 2.302(g)(1), unless the participant also seeks and is granted an 
exemption from 10 CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. 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 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated August 10, 2023 (ADAMS 
Accession No. ML23222A037).
    Attorney for licensee: Jon P. Christinidis, DTE Electric Company, 
Expert Attorney--Regulatory, 1635 WCB, One Energy Plaza, Detroit, MI 
48226.
    NRC Branch Chief: Jeff Whited.

    Dated: August 29, 2023.

    For the Nuclear Regulatory Commission.
Surinder S. Arora,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-18920 Filed 8-31-23; 8:45 am]
BILLING CODE 7590-01-P


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