[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77616-77619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24880]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-483; NRC-2023-0190]


Union Electric Company, dba Ameren Missouri; Callaway Plant, Unit 
No. 1

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) is considering 
issuance of an amendment to Renewed Facility Operating License No. NPF-
30, issued to Union Electric Company, doing business as (dba) Ameren 
Missouri, for operation of the Callaway Plant, Unit No. 1. The proposed 
amendment would revise the technical specifications (TSs), TS Bases, 
and Final Safety Analysis Report (FSAR), to allow use of one train of 
the normal, non-safety-related service water system to solely provide 
cooling water support for one of two redundant trains of TS-required 
equipment when both equipment trains are required to be Operable during 
cold shutdown/refueling conditions. Corresponding changes to the TS 
Bases will be made once the amendment to the TSs and FSAR is approved.

DATES: Submit comments by December 13, 2023. Request for a hearing or 
petitions for leave to intervene must be filed by January 12, 2024.

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-2023-0190. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#d182a5b0b2a8ff82b2b9a4bcb0bfbf91bfa3b2ffb6bea7"><span class="__cf_email__" data-cfemail="1c4f687d7f65324f7f7469717d72725c726e7f327b736a">[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-

[[Page 77617]]

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: Mahesh L. Chawla, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-8371; email: <a href="/cdn-cgi/l/email-protection#da97bbb2bfa9b2f499b2bbadb6bb9ab4a8b9f4bdb5ac"><span class="__cf_email__" data-cfemail="b8f5d9d0ddcbd096fbd0d9cfd4d9f8d6cadb96dfd7ce">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0190 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-2023-0190.
    <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#421206106c1027312d37302127022c30216c252d34"><span class="__cf_email__" data-cfemail="4a1a0e1864182f39253f38292f0a243829642d253c">[email protected]</span></a>. The ``License Amendment Request to 
Clarify Support System Requirements for the Residual Heat Removal 
System and Control Room Air Conditioning System Requirements Under 
Technical Specification 3.4.8, 3.7.11 and 3.9.6 (LDCN 22-0029)'' and 
Response to Regulatory Audit Questions and Supplement to License 
Amendment Request Regarding Support System Requirements for the 
Residual Heat Removal and Control Room Air Conditioning Systems Under 
Technical Specifications 3.4.8, 3.7.11, and 3.9.6 (LDCN 22-0029), are 
available in ADAMS under Package Accession Nos. ML22335A507 and 
ML23289A214, respectively.
    <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#2d7d697f037f485e42585f4e486d435f4e034a425b"><span class="__cf_email__" data-cfemail="abfbeff985f9ced8c4ded9c8ceebc5d9c885ccc4dd">[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-2023-0190 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-30, issued to Union Electric Company, dba 
Ameren Missouri, for operation of the Callaway Plant, Unit No. 1, 
located in Callaway County, Missouri.
    On February 21, 2023, the NRC staff published a proposed no 
significant hazards consideration (NSHC) determination in the Federal 
Register (88 FR 10559) for the proposed amendment. The notice is being 
reissued in its entirety due to the revised scope, description of the 
amendment request, and proposed NSHC determination of the license 
amendment request resulting from the supplement dated October 16, 2023.
    The proposed amendment would revise the TSs, TS Bases, and FSAR to 
allow use of one train of the normal, non-safety-related service water 
system to solely provide cooling water support for one of two redundant 
trains of TS-required equipment when both equipment trains are required 
to be Operable during cold shutdown/refueling conditions. The supported 
equipment/systems affected by the proposed change are the residual heat 
removal system and control room air conditioning system, as applicable 
during Modes 5 and 6. The applicable/affected TS limiting conditions 
for operation (LCOs) are TS LCO 3.4.8, ``RCS [Reactor Coolant System] 
Loops Mode 5, Loops Not Filled''; TS LCO 3.7.11, ``Control Room Air 
Conditioning System (CRACS)''; and TS LCO 3.9.6, ``Residual Heat 
Removal (RHR) and Coolant Circulation Low Water Level.''
    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.
    The NRC has made a proposed determination that the license 
amendment request involves NSHC. Under the NRC's regulations in section 
50.92 of title 10 of the Code of Federal Regulations (10 CFR), 
``Issuance of amendment,'' 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 NSHC, 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.
    In general, when the unit is shut down, the Technical 
Specification (TS) requirements ensure that the unit has the 
capability to mitigate the consequences of postulated accidents, 
including a fuel handling accident. However, assuming a single 
failure and concurrent loss of all offsite or all onsite power is 
not required (as described in Callaway Plant Final Safety Analysis 
Report, Standard Plant, section 3.1.2). The rationale for this is 
based on the fact that many design basis accidents (DBAs) that are 
analyzed in Modes 1, 2, 3, and 4 have no specific analyses in Modes 
5 and 6. Worst case bounding events such as loss-of-coolant 
accidents and limiting pipe breaks are deemed not credible in Modes 
5 and 6 because the energy contained within the reactor pressure 
boundary, reactor coolant temperature and pressure, and the 
corresponding stresses result in the probabilities of occurrence 
being significantly reduced or eliminated, and in minimal 
consequences. These deviations from DBA analysis assumptions and 
design requirements during shutdown conditions are allowed by the 
Limiting Conditions [for] Operation (LCOs) for required systems, 
including those required for mitigation of a fuel handling accident 
which may be postulated to occur during such conditions (i.e., Modes 
5 and 6 or with the reactor defueled/offloaded).
    The plant's design is such that, during normal plant operating 
conditions, the non-

[[Page 77618]]

safety related Service Water (SW) system supplies cooling water (via 
safety-related Essential Service Water (ESW) piping) to plant loads, 
including the Component Cooling Water (CCW) system. During accident/
emergency conditions, the safety-related ESW system serves as the 
emergency back-up for providing cooling water.
    The proposed changes to TS 3.4.8 and TS 3.9.6 would make it 
clear that the SW system is allowed to be a credited support system 
for one of the two required trains of the Residual Heat Removal 
(RHR) system in Modes 5 and 6, respectively, except when the plant 
is in a reduced-inventory, hot-core condition. The proposed change 
to 3.7.11 would make it clear that the SW system is allowed to be a 
credited support system for one of the two required trains of the 
Control Room Air Conditioning System (CRACS) during Modes 5 and 6 
and during movement of irradiated fuel assemblies. The SW-supported 
train in either case would be the one not required to be supported 
by an emergency diesel generator per TS 3.8.2, ``Electrical 
Sources--Shutdown.''
    The proposed amendment will not impact the ability of the RHR 
system to remove decay heat in Modes 5 or 6, or impact its ability 
to ensure mixing, prevent stratification, and effect gradual 
reactivity changes as needed during reactor coolant system boron 
concentration reductions. A loss of decay heat removal is not an 
``accident previously evaluated'' in the FSAR; however, the design 
basis for the RHR system is clearly intended to preclude such an 
event. This intent will still be met, as the Technical 
Specifications will still require two RHR trains to be Operable 
during applicable conditions such that one train of the RHR system 
would remain available assuming either a LOOP [loss of offsite 
power] or a single failure, consistent with the plant's licensing 
basis. On that basis, the RHR function would be met via the RHR 
train supported by the ESW system and an DG [diesel generator], or 
by the RHR train supported by the non-essential SW system and a 
normal offsite power source (except as prohibited when the plant is 
in a reduced-inventory, hot-core condition).
    The one FSAR described DBA that may be postulated to occur 
during Mode 5 or Mode 6 is a fuel handling accident (FHA). The 
proposed changes do not affect the systems/functions required to 
mitigate the dose consequences of an FHA. (Control room dose is 
mitigated by the Control Room Emergency Ventilation System and not 
by CRACS.) Therefore, the proposed changes do not involve any 
significant increase in the consequences of the FHA as previously 
described in the FSAR.
    The proposed changes are consistent with the assumptions for 
system availability made within the accident and transient analysis 
for shutdown Modes (5 and 6) and do not involve making any physical 
changes to the plant. As such, the changes do not introduce any new 
failure mechanisms or transient precursors, nor do they modify the 
likelihood of any existing precursors to an accident or transient as 
analyzed in the Callaway Plant FSAR.
    Based on the above, it is concluded that 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.
    This proposed license amendment does not involve any physical 
changes to the plant or any changes to operation, function, or the 
performance requirements of the CRACS or RHR system (except as 
described above). As such, it does not introduce any new failure 
mechanisms or transient precursors different than those previously 
evaluated. The continued, very low potential for a loss of decay 
heat removal ``event'' is as described and explained above.
    Therefore, it is concluded that this change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The margin of safety is established through equipment design, 
operating parameters, and the setpoints at which automatic actions 
are initiated. This amendment makes no physical changes to safety-
related systems, operating parameters, or setpoints for initiation 
of protective actions.
    The allowance for one train of the CRACS and RHR systems to be 
supported by the SW system in lieu of the ESW system during shutdown 
conditions per the proposed TS changes) is not expected to result in 
any significant change the availability of these systems for 
providing their required cooling function. The system alignment 
wherein the SW system supplies cooling water to the CRACS and the 
CCW system heat exchangers (the intermediary cooling water loop to 
the RHR heat exchangers) is a normal operating configuration for 
these systems. The SW system provides a more than an adequate 
cooling water flow rate, with system temperature limitations 
comparable to the ESW system, such that a significant change in 
residual heat removal rate and control room cooling would not be 
realized by this change.
    Therefore, it is concluded that 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 
license amendment request involves a NSHC.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves NSHC. 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 the 60-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 notice period, provided that its final determination is that the 
amendment involves NSHC. The final determination will consider all 
public and State comments received. If the Commission takes 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. 
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 NSHC, 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 NSHC, 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

[[Page 77619]]

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 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=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) 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#642c0105160d0a034a200b070f0110240a16074a030b12"><span class="__cf_email__" data-cfemail="2b634e4a5942454c056f4448404e5f6b455948054c445d">[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#d09d839894fe82b5a3bfa5a2b3b590bea2b3feb7bfa6"><span class="__cf_email__" data-cfemail="a4e9f7ece08af6c1d7cbd1d6c7c1e4cad6c78ac3cbd2">[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)-(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 December 1, 2022 (ADAMS Package 
Accession No. ML22335A507), as supplemented on October 16, 2023 (ADAMS 
Package Accession No. ML23289A214).
    Attorney for licensee: Jay E. Silberg, Pillsbury Winthrop Shaw 
Pittman LLP, 1200 17th Street NW, Washington, DC 20036.
    NRC Branch Chief: Jennifer L. Dixon-Herrity.

    For the Nuclear Regulatory Commission.

    Dated: November 6, 2023.
Mahesh L. Chawla,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-24880 Filed 11-9-23; 8:45 am]
BILLING CODE 7590-01-P


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