Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14143 

petition. The teleconference was 

transcribed and the transcription was 

treated as a supplement to the petition. 

Transcripts of the teleconference are 

available via the Agencywide 

Documents Access and Management 

System (ADAMS) on the agency’s Web 

site at http://www.nrc.gov/reading-rm/ 

adams.html, and for inspection at the 

NRC Public Document Room, located at 

One White Flint North, Public File Area 

O–1F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. The petition 

concerns the operation of the 

independent spent fuel storage 

installation (ISFSI) at the Palisades 

Nuclear Plant. 

The Petitioners requested that the 

NRC take enforcement action against the 

licensee for the Palisades Nuclear Plant, 

Nuclear Management Company, LLC 

(NMC), by condemning and stopping 

the use of the two independent spent 

fuel storage installation (ISFSI) concrete 

pads holding dry spent fuel storage 

casks on the plant site. 

As the basis for the petition, the 

Petitioners stated that the concrete cask 

storage pads do not conform with NRC 

regulations for earthquake stability, 

specifically 10 CFR 72.212(b)(2)(i)(B) 

and 72.212(b)(3), and, therefore, pose a 

hazard in case of an earthquake. The 

Petitioners asserted that the licensee’s 

evaluations of the older and newer 

concrete storage pads did not properly 

consider the behavior of the soil beneath 

the pads in determining the effects on 

the storage casks as a result of a seismic 

event. 

On April 26, 2006, the NRC staff’s 

PRB held a teleconference with the 

Petitioners. The teleconference gave the 

Petitioners an opportunity to provide 

additional information and to clarify 

issues raised in the petition. During the 

teleconference, the Petitioners requested 

additional time to submit a supplement 

to the petition, and the PRB agreed to 

the request, as documented in a letter to 

the Petitioners, dated May 4, 2006. 

However, no supplement was 

submitted. On June 27, 2006, the NRC 

staff informed the Petitioners by letter 

that the issue regarding the seismic 

response of the older ISFSI pad, and the 

issue of soil amplification for the newer 

pad, had been previously resolved and 

would not be considered under 10 CFR 

2.206. In that same letter, the staff 

informed the Petitioners that the issue 

regarding the slope stability analysis for 

the newer pad was accepted for review 

under 10 CFR 2.206. The transcript of 

the teleconference and the letters are 

available in ADAMS, as stated above. 

On November 28, 2006, the NRC sent 

a copy of the proposed director’s 

decision to the Petitioners and to the 

licensee for comment. At the request of 

the Petitioners, the NRC extended the 

end of the comment period from January 

5, 2007, to February 2, 2007. The 

Petitioners submitted comments by 

electronic mail on February 2, 2007. The 

comments and the staff’s responses to 

them are available electronically 

through the NRC’s Public Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm.html, under docket number 

07200007. 

The Director of the Office of Nuclear 

Material Safety and Safeguards has 

determined that the Petitioners’ request, 

to condemn and stop the use of the two 

ISFSI concrete pads holding dry spent 

fuel storage casks at the Palisades site, 

is denied. The NRC staff has concluded 

that the Petitioners’ concerns have been 

adequately addressed by the licensee’s 

revised slope stability evaluation for the 

newer concrete storage pad. The reasons 

for this decision are explained in the 

director’s decision [DD–07–02] pursuant 

to Title 10 of the Code of Federal 

Regulations (10 CFR), Section 2.206, the 

complete text of which is available at 

the Commission’s Public Document 

Room, located at One White Flint North, 

Public File Area O–1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland, and from the ADAMS Public 

Library component on the NRC’s Web 

site, http://www.nrc.gov/readingrm.html (the Public Electronic Reading 

Room). 

A copy of the director’s decision will 

be filed with the Secretary of the 

Commission for the Commission’s 

review in accordance with 10 CFR 2.206 

of the Commission’s regulations. As 

provided for by this regulation, the 

director’s decision will constitute the 

final action of the Commission 25 days 

after the date of the decision, unless the 

Commission, on its own motion, 

institutes a review of the director’s 

decision in that time. 

Dated at Rockville, Maryland, this 20th day 

of March 2007. 

For the Nuclear Regulatory Commission. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. E7–5433 Filed 3–23–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Notice of Availability Concerning 

Technical Specification Improvement 

To Add an Action Statement for Two 

Inoperable Control Room Air 

Conditioning Subsystems to the 

Technical Specifications Using the 

Consolidated Line Item Improvement 

Process 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

SUMMARY: Notice is hereby given that 

the staff of the Nuclear Regulatory 

Commission (NRC) has prepared a 

model Application related to changes to 

the Standard Technical Specifications 

(STS), Section 3.7.5 (STS 3.7.4 for BWR/ 

6), ‘‘Control Room Air Conditioning 

(AC) System’’ for NUREG–1433 (BWR/4) 

and NUREG–1434 (BWR/6), Rev. 3.0. 

The changes add an Action Statement to 

Limiting Condition for Operation (LCO) 

(LCO 3.7.5 for BWR/4 and LCO 3.7.4 for 

BWR/6). The new Action Statement 

allows a finite time to restore one 

control room AC subsystem to operable 

status and requires verification that 

control room temperature remains 

< 90°F every 4 hours. The proposed 

changes would also revise the Bases for 

STS 3.7.5 (STS 3.7.4 for BWR/6). 

The NRC staff has also prepared a 

model safety evaluation (SE) and no 

significant hazards consideration 

(NSHC) determination relating to this 

matter. The purpose of these models is 

to permit the NRC to efficiently process 

amendments that propose to adopt the 

associated changes into plant-specific 

technical specifications (TS). Licensees 

of nuclear power reactors to which the 

models apply may request amendments 

confirming the applicability of the SE 

and NSHC determination to their 

reactors. 

DATES: The NRC staff issued a Federal 

Register Notice (71 FR 75774, December 

18, 2006) that provided a model SE and 

a model NSHC determination relating to 

adding an action statement for two 

inoperable control room AC subsystems 

to the plant specific TS. The NRC staff 

hereby announces that the model SE 

and NSHC determination may be 

referenced in plant-specific applications 

to adopt the changes. The staff has 

posted a model application on the NRC 

Web site to assist licensees in using the 

consolidated line item improvement 

process (CLIIP) to revise the Standard 

Technical Specifications (STS), Section 

3.7.5, ‘‘Control Room Air Conditioning 

(AC) System.’’ The NRC staff can most 

efficiently consider applications based 


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14144 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 

upon the model application if the 

application is submitted within one year 

of this Federal Register Notice. 

FOR FURTHER INFORMATION CONTACT: 

Peter C. Hearn, Mail Stop: O12H2, 

Division of Inspection and Regional 

Support, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, telephone 301–415–1189. 

SUPPLEMENTARY INFORMATION: 

Background Regulatory Issue Summary 

2000–06, ‘‘Consolidated Line Item 

Improvement Process for Adopting 

Standard Technical Specification 

Changes for Power Reactors,’’ was 

issued on March 20, 2000. The CLIIP 

includes an opportunity for the public 

to comment on proposed changes to 

operating licenses, including the 

technical specifications (TS), after a 

preliminary assessment by the NRC staff 

and a finding that the change will likely 

be offered for adoption by licensees. The 

CLIIP directs the NRC staff to evaluate 

any comments received for a proposed 

generic change to operating licenses and 

to either reconsider the change or issue 

the announcement of availability for the 

change proposed for adoption by 

licensees. Those licensees opting to 

apply for the subject change to operating 

licenses are responsible for reviewing 

the NRC staff’s evaluation, referencing 

the applicable technical justifications, 

and providing any necessary plantspecific information. Each amendment 

application made in response to the 

notice of availability will be processed 

and noticed in accordance with 

applicable rules and NRC procedures. 

This notice involves adding an action 

statement for two inoperable control 

room AC subsystems to the associated 

STS Limiting Condition for Operation 

(LCO). 

Applicability 

This proposed change to the standard 

technical specifications (STS) was 

submitted by the Technical 

Specifications Task Force (TSTF) in 

TSTF–477, Revision 3, ‘‘Adding an 

Action Statement for Two Inoperable 

Control Room Air Conditioning 

Subsystems.’’

This proposal to modify technical 

specification requirements by the 

adoption of TSTF–477 is applicable to 

all licensees of General Electric Boiling 

Water Reactors who have adopted or 

will adopt in conjunction with the 

change, technical specification 

requirements for a Bases Control 

Program consistent with the TS Bases 

Control Program described in Section 

5.5 of the STS. Licensees that have not 

adopted requirements for a Bases 

Control Program by converting to the 

improved STS or by other means, are 

requested to include the requirements 

for a Bases Control Program consistent 

with the STS in their application for the 

change. The need for a Bases Control 

Program stems from the need for 

adequate regulatory control of some key 

elements of the proposal that are 

contained in the Bases upon adoption of 

TSTF–477. The staff is requesting that 

the Bases changes be included with the 

proposed license amendments 

consistent with the Bases in TSTF–477. 

To ensure that the overall change, 

including the Bases, includes 

appropriate regulatory controls, the staff 

plans to condition the issuance of each 

license amendment on the licensee’s 

incorporation of the changes into the 

Bases document and on requiring the 

licensee to control the changes in 

accordance with the Bases Control 

Program. 

To efficiently process the incoming 

license amendment applications, the 

NRC staff requests that each licensee 

applying for the changes addressed in 

TSTF–477 use the CLIIP to submit an 

application that adheres to the following 

model. Any deviations from the model 

application should be explained in the 

licensee’s submittal. 

The CLIIP does not prevent licensees 

from requesting an alternate approach or 

proposing changes other than those 

proposed in TSTF–477. Variations from 

the approach recommended in this 

notice may, however, require additional 

review by the NRC staff and may 

increase the time and resources needed 

for the review. Significant variations 

from the approach, or inclusion of 

additional changes to the license, will 

result in staff rejection of the submittal. 

Instead, licensees desiring significant 

variations and/or additional changes 

should submit a LAR that does not 

claim to adopt TSTF–477. 

Public Notices 

In a Federal Register Notice dated 

December 18, 2006 (71 FR 75774), the 

NRC staff requested comment on the use 

of the CLIIP to process requests to adopt 

the TSTF–477 changes. In addition, 

there have been multiple notices 

published for plant-specific amendment 

requests to adopt changes similar to 

those described in this notice. 

The NRC staff’s model SE and model 

application may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room, located at One White 

Flint North, 11555 Rockville Pike (first 

floor), Rockville, Maryland 20852. 

Publicly available records are accessible 

electronically from the Agencywide 

Documents Access and Management 

System (ADAMS) Public Library 

component on the NRC Web site (the 

Electronic Reading Room). 

The NRC staff received no formal 

comments following the notice 

published on December 18, 2006 (71 FR 

75774), soliciting comments on the 

model SE and NSHC determination 

related to the TSTF–477 changes. The 

staff did receive editorial comments on 

the model SE and model application. 

The comments involving a spacing issue 

between words, deleting the extraneous 

use of the word Bases, a missing 

parentheses and replacing the an 

‘‘iSTS’’ acronym with ‘‘STS’’ were 

incorporated. The comment involving 

placing a bracket around the Control 

Room Temperature limit of < 90°F was 

not incorporated since it would allow 

Control Room Temperatures of greater 

than 90°F. The comment was retained 

involving removing the term ‘‘Changes 

to the Bases or license controlled 

document are performed in accordance 

with 10 CFR 50.59’’ in order emphasize 

the requirement for a License 

Amendment and Safety Evaluation 

when Bases changes affect the Technical 

Specifications. 

The NRC staff finds that the 

previously published models remain 

appropriate references and has chosen 

not to republish the model SE and 

model NSHC determination in this 

notice. As described in the model 

application prepared by the NRC staff, 

licensees may reference in their plantspecific applications to adopt the TSTF–

477 changes, the model SE, NSHC 

determination, and environmental 

assessment previously published in the 

Federal Register on December 18, 2006 

(71 FR 75774). 

Dated at Rockville, Maryland, this 14th day 

of March 2007. 

For the Nuclear Regulatory Commission. 

Timothy J. Kobetz, 

Chief, Technical Specifications Branch, 

Division of Inspection and Regional Support, 

Office of Nuclear Reactor Regulation. 

For inclusion on the technical specification 

Web page, the following example of an 

application was prepared by the NRC staff to 

facilitate use of the consolidated line item 

improvement process (cliip). The model 

provides the expected level of detail and 

content for an application to adopt TSTF–

477, revision 3, add an action statement for 

two inoperable control room air conditioning 

subsystems to the technical specifications 

using cliip. Licensees remain responsible for 

ensuring that their actual application fulfills 

their administrative requirements as well as 

nuclear regulatory commission regulations. 

U.S. Nuclear Regulatory Commission, 

Document Control Desk, Washington, DC 

20555–0001 

SUBJECT: Plant Name, Docket No. 50–, 

Application For Technical Specification 


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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14145 

1 [In conjunction with the proposed change, 

technical specifications (TS) requirements for a 

Bases Control Program, consistent with the TS 

Bases Control Program described in Section 5.5 of 

the applicable vendor’s standard TS (STS), shall be 

incorporated into the licensee’s TS, if not already 

in the TS.] 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Change Tstf–477, Add An Action 

Statement For Two Inoperable Control 

Room Air Conditioning Subsystems To 

The Technical Specifications Using 

Consolidated Line Item Improvement 

Process 

Gentlemen: In accordance with the 

provisions of 10 CFR 50.90 [LICENSEE] is 

submitting a request for an amendment to the 

technical specifications (TS) for [PLANT 

NAME, UNIT NOS.]. 

The proposed amendment would modify 

the TS by adding an action statement for two 

inoperable control room AC subsystems to 

the plant specific TS. 

Enclosure 1 provides a description of the 

proposed change, the requested confirmation 

of applicability, and plant-specific 

verifications. Enclosure 2 provides the 

existing TS pages marked up to show the 

proposed change. Enclosure 3 provides 

revised (clean) TS pages. Enclosure 4 

provides the existing TS Bases pages marked 

up to show the proposed change in 

accordance with 10 CFR 50.36(a). 

[LICENSEE] requests approval of the 

proposed license amendment by [DATE], 

with the amendment being implemented [BY 

DATE OR WITHIN X DAYS]. 

In accordance with 10 CFR 50.91, a copy 

of this application, with enclosures, is being 

provided to the designated [STATE] Official. 

I declare under penalty of perjury under 

the laws of the United States of America that 

I am authorized by [LICENSEE] to make this 

request and that the foregoing is true and 

correct. (Note that request may be notarized 

in lieu of using this oath or affirmation 

statement). 

If you should have any questions regarding 

this submittal, please contact [NAME, 

TELEPHONE NUMBER] 

Sincerely, 

[Name, Title] 

Enclosures: 

1. Description and Assessment 

2. Proposed Technical Specification 

Changes 

3. Revised Technical Specification Pages 

4. Marked up Existing TS Bases Changes 

cc: NRC Project Manager 

NRC Regional Office 

NRC Resident Inspector 

State Contact 

Enclosure 1—Description and Assessment 

1.0 Description 

The proposed amendment would modify 

technical specifications by adding an Action 

Statement to the Limiting Condition for 

Operation (LCO). The new Action Statement 

allows a finite time to restore one control 

room AC subsystem to operable status and 

requires verification that control room 

temperature remains < 90 °F every 4 hours.1

The changes are consistent with Nuclear 

Regulatory Commission (NRC) approved 

Industry/Technical Specification Task Force 

(TSTF) TSTF–477 Revision 3. The 

availability of this TS improvement was 

published in the Federal Register on [DATE] 

as part of the consolidated line item 

improvement process (CLIIP). 

2.0 Assessment 

2.1 Applicability of TSTF–477, and 

Published Safety Evaluation 

[LICENSEE] has reviewed TSTF–477 

(Reference 1), and the NRC model safety 

evaluation (SE) (Reference 2) as part of the 

CLIIP. [LICENSEE] has concluded that the 

information in TSTF–477, as well as the SE 

prepared by the NRC staff are applicable to 

[PLANT, UNIT NOS.] and justify this 

amendment for the incorporation of the 

changes to the [PLANT] TS. [NOTE: Only 

those changes proposed in TSTF–477 are 

addressed in the model SE. The model SE 

addresses the entire fleet of General Electric 

Boiling Water Reactors. The plants adopting 

TSTF–477 must confirm the applicability of 

the changes to their plant.] 

2.2 Optional Changes and Variations 

[LICENSEE] is not proposing any variations 

or deviations from the TS changes described 

in TSTF–477 or the NRC staff’s model safety 

evaluation dated [DATE]. [NOTE: The CLIIP 

does not prevent licensees from requesting an 

alternate approach or proposing changes 

without the requested Bases or Bases control 

program. However, deviations from the 

approach recommended in this notice may 

require additional review by the NRC staff 

and may increase the time and resources 

needed for the review. Significant variations 

from the approach, or inclusion of additional 

changes to the license, will result in staff 

rejection of the submittal. Instead, licensees 

desiring significant variations and/or 

additional changes should submit a LAR that 

does not claim to adopt TSTF–477.] 

3.0 Regulatory Analysis 

3.1 No Significant Hazards Consideration 

Determination 

[LICENSEE] has reviewed the proposed no 

significant hazards consideration 

determination (NSHC) published in the 

Federal Register as part of the CLIIP. 

[LICENSEE] has concluded that the proposed 

NSHC presented in the Federal Register 

notice is applicable to [PLANT] and is hereby 

incorporated by reference to satisfy the 

requirements of 10 CFR 50.91(a). 

3.2 Verification and Commitments 

As discussed in the notice of availability 

published in the Federal Register on [DATE] 

for this TS improvement, plant-specific 

verifications were performed as follows: 

In addition, [LICENSEE] has proposed TS 

Bases consistent with TSTF–477 which 

provide guidance and details on how to 

implement the new requirements. Finally, 

[LICENSEE] has a Bases Control Program 

consistent with Section 5.5 of the Standard 

Technical Specifications (STS). 

4.0 Environmental Evaluation 

The amendment changes requirements 

with respect to the installation or use of a 

facility component located within the 

restricted area as defined in 10 CFR part 20. 

The NRC staff has determined that the 

amendment adopting TSTF–477, Rev 3, 

involves no significant increase in the 

amounts and no significant change in the 

types of any effluents that may be released 

offsite, and that there is no significant 

increase in individual or cumulative 

occupational radiation exposure. The 

Commission has previously issued a 

proposed finding that TSTF–477, Rev 3, 

involves no significant hazards 

considerations, and there has been no public 

comment on the finding in Federal Register 

Notice 71 FR 75774, December 18, 2006. 

Accordingly, the amendment meets the 

eligibility criteria for categorical exclusion 

set forth in 10 CFR 51.22(c)(9). Pursuant to 

10 CFR 51.22(b), no environmental impact 

statement or environmental assessment need 

be prepared in connection with the issuance 

of the amendment. 

5.0 References 

1. TSTF–477, Revision 3, ‘‘Adding an 

Action Statement for Two Inoperable Control 

Room Air Conditioning Subsystems.’’

2. NRC Model Safety Evaluation Report. 

Enclosure 2—Proposed Technical 

Specification Changes (Mark-Up) 

Enclosure 3—Proposed Technical 

Specification Pages 

[Clean copies of Licensee specific 

Technical Specification (TS) pages, 

corresponding to the TS pages changed by 

TSTF–477, Rev 3, are to be included in 

Enclosure 3] 

Enclosure 4—Proposed Changes to Technical 

Specification Bases Pages 

[FR Doc. E7–5434 Filed 3–23–07; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55491; File No. SR–CBOE–

2006–95] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Order Granting Accelerated Approval 

of Proposed Rule Change as Modified 

by Amendment Nos. 1 and 2 Thereto 

To List for Trading Options on the 

Vanguard Emerging Markets 

Exchange Traded Fund 

March 19, 2006. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on November 

30, 2006, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 


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