Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71037 

available through the NRC Public 

Document Room (PDR) at pdr.resource@

nrc.gov, or by calling the PDR at 1–800– 

397–4209, or from the Publicly 

Available Records System component of 

NRC’s Agencywide Documents Access 

and Management System, which is 

accessible from the NRC website at 

https://www.nrc.gov/reading-rm/ 

adams.html or https://www.nrc.gov/ 

reading-rm/doc-collections/#ACRS/. 

Dated: October 10, 2023. 

Russell E. Chazell, 

Federal Advisory Committee Management 

Officer, Office of the Secretary. 

[FR Doc. 2023–22673 Filed 10–12–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–341; NRC–2023–0177] 

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. 

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 

2 (Fermi 2). The proposed amendment 

requests an amendment to the Fermi 2 

Technical Specifications (TS) 3.8.1, to 

allow for a one-time extension of the 

Required Action B.4 Completion Time 

to allow repair of Division 1 Mechanical 

Draft Cooling Tower A and C fan 

pedestals while online. In addition, the 

proposed amendment requests an 

editorial correction to the one-time 

footnote added to TS 3.7.2 in the 

previously approved amendment 225. 

The proposed amendment is being 

requested under exigent circumstances 

pursuant to NRC regulations. 

DATES: Submit comments by October 27, 

2023. Request for a hearing or petitions 

for leave to intervene must be filed by 

December 12, 2023. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website. 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0177. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• 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, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1421, email: Surinder.Arora@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0177 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: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0177. 

• 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 

PDR.Resource@nrc.gov. 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. 

• 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 PDR.Resource@nrc.gov 

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–2023–0177 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 (ADAMS 

Accession No. ML23271A188) requests 

an amendment to the Fermi, Unit 2, 

Technical Specifications (TS) 3.8.1, to 

allow for a one-time extension of the 

Required Action B.4 Completion Time 

to allow repair of Division 1 Mechanical 

Draft Cooling Tower A and C fan 

pedestals while online. In addition, the 

proposed amendment requests an 

editorial correction to the one-time 

footnote in TS 3.7.2, which was added 

in the previously approved amendment 

225 (ADAMS Accession No. 

ML23243A885). The proposed 

amendment is being requested under 

exigent circumstances 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, nonconforming 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 


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71038 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

degraded and non-conforming but 

remained operable and also in need of 

similar repair. DTE submitted this 

amendment request to repair the 

Division I MDCT A and C fan pedestals. 

Additionally, the request provides 

justification for obtaining an extension 

of the Completion Time to repair the 

Division I 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 as follows: 

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 3.3 [in 

ML23271A188] and in previously 

approved amendment 225 (Reference 

6.6) [in ML23271A188] during the 

duration of the proposed extension of 

the Completion Time for the MDCT fan 

pedestal repair. Note: A risk-informed 

justification for this change had been 

previously evaluated and approved 

under Reference 6.6 [in ML23271A188]. 

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) 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 3.3 [in 

ML23271A188] and [in] previously 

approved amendment in Reference 6.6 

[in ML23271A188]. As analyzed in the 

UFSAR [Updated Final Safety Analysis 

Report], the loss of the Division I 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 


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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71039 

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 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) 

and the NRC’s public website at https:// 

www.nrc.gov/site-help/esubmittals.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 

Hearing.Docket@nrc.gov, 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/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree 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)–(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 NRCissued 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 September 28, 2023 

(ADAMS Accession No. ML23271A188). 

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: October 5, 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. 2023–22510 Filed 10–12–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–438 and 50–439; NRC– 

2023–0178] 

Nuclear Development, LLC; Tennessee 

Valley Authority; Bellefonte Nuclear 

Plant, Units 1 and 2; Construction 

Permit Transfer Application; 

Withdrawal by Applicant 

AGENCY: Nuclear Regulatory 

Commission. 


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