[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14441-14444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5753]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 AND 50-364; NRC-2012-0053]


Facility Operating License Amendment From Southern Nuclear 
Operating, Inc., Joseph M. Farley Nuclear Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment; request for comment and request for a 
hearing.

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DATES: Submit comments by March 23, 2012. A request for a hearing must 
be filed by May 8, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly available, by 
searching on http://www.regulations.gov under Docket ID NRC-2012-0053. 
You may submit comments by the following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0053. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: <a href="/cdn-cgi/l/email-protection#327153405d5e1c75535e5e53555a5740725c40511c555d44"><span class="__cf_email__" data-cfemail="cd8eacbfa2a1e38aaca1a1acaaa5a8bf8da3bfaee3aaa2bb">[email protected]</span></a>.
    <bullet> Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    <bullet> Fax comments to: RADB at 301-492-3446.
    For additional direction on accessing information and submitting 
comments,

[[Page 14442]]

see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Robert E. Martin, Senior Project 
Manager, Plant Licensing Branch 2-1, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
1493; email: <a href="/cdn-cgi/l/email-protection#84d6ebe6e1f6f0aac9e5f6f0edeac4eaf6e7aae3ebf2"><span class="__cf_email__" data-cfemail="61330e030413154f2c001315080f210f13024f060e17">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0053 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and is publicly available, by the following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0053.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then 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, 301-415-
4737, or by email to <a href="/cdn-cgi/l/email-protection#ef9f8b9dc19d8a9c809a9d8c8aaf819d8cc1888099"><span class="__cf_email__" data-cfemail="364652441844534559434455537658445518515940">[email protected]</span></a>. The application for 
amendment, dated February 28, 2012, is available electronically under 
ADAMS Accession No. ML12059A327.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0053 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not 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 in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC will not edit comment submissions to remove such 
information before making the comment submissions available to the 
public or entering the comment submissions into ADAMS.

II. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-2 and NPF-8, issued to Southern Nuclear Operating Company (the 
licensee), for operation of the Joseph M. Farley Nuclear Plant, Units 1 
and 2 located in Houston County, Alabama.
    The proposed amendment would revise Technical Specification (TS) 
3.5.4, ``Refueling Water Storage Tank'' (RWST) such that the non-
seismically qualified piping of the Spent Fuel Pool (SFP) purification 
system may be connected to the RWST's seismic piping by manual 
operation of a RWST seismically qualified boundary valve under 
administrative controls for limited periods of time.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; (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:

    [Southern Nuclear Operating Company] SNC has evaluated whether 
or not a significant hazards consideration is involved with the 
proposed amendment(s) by evaluation of the three standards set forth 
in 10 CFR 50.92, ``Issuance of Amendment,'' as discussed below:
    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The use of the [Boric Acid Recovery System] BARS system and the 
SFP Purification Loop to re-circulate the RWST does not involve any 
changes or create any new interfaces with the reactor coolant system 
or main steam system piping. Therefore, the connection of the SFP 
Purification Loop to the RWST and use of the BARS system would not 
affect the probability of these accidents occurring.
    Neither the SFP Purification Loop nor the BARS system are 
credited for safe shutdown of the plant or accident mitigation. A 
combination of design and administrative controls ensure that both 
the SFP Purification Loop and BARS systems maintain RWST boron 
concentration and water volume requirements whenever the contents of 
the RWST are processed through these systems. RWST volume margin 
will be verified to be adequate to compensate for postulated BARS 
system line losses and process losses which may occur through the 
BARS system reject waste stream. The BARS system is designed to 
maintain a high boron recovery rate. Potential boron dilution during 
use of the BARS system is prevented through verifying RWST boron 
margin prior to BARS system operation and monitoring the BARS system 
boron recovery rate by grab samples taken from the system inlet and 
outlet points approximately one hour after placing it in service and 
at least every 48 hours thereafter. Following each operation of the 
BARS system, RWST sampling will be performed to verify the RWST 
boron concentration, and boron additions will be made to the RWST, 
accordingly.
    Since the RWST will continue to perform its safety function and 
meet all surveillance requirements, overall system performance is 
not affected, assumptions previously made in evaluating the 
consequences of the accident are not altered, and the consequences 
of the accident are not increased.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    Contingent upon manual operator action as described above, a SFP 
Purification Loop line break will not result in a loss of the RWST 
safety function. Similarly, an active or passive failure in the BARS 
system will not result in loss of the RWST safety function. Adequate 
RWST volume and boron margin will be verified prior to BARS system 
operation. The BARS system boron recovery rate will be monitored by 
grab samples taken of the system inlet and outlet one hour after 
placing the system in service and at least every 48 hours 
thereafter. In addition, the

[[Page 14443]]

[Documentation of Engineering Judgment] DOEJ evaluation supports 
that the operator action can be taken within sufficient time to 
isolate the BARS system from the RWST during postulated accidents.
    Calculations were reviewed for potential internal flooding from 
this nonseismic pipe break, and it was concluded that the break 
would have no affect on safe shutdown equipment in the affected 
areas.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Neither the SFP Purification Loop nor the BARS systems are 
credited for safe shutdown of the plant or accident mitigation. 
Adequate RWST volume and boron margin will be verified prior to BARS 
system operation and timely operator action can be taken to isolate 
the BARS system from the RWST. The BARS system waste stream losses 
will also be monitored throughout BARS system operation.
    The potential boron dilution of the RWST inventory during tank 
processing through the SFP Purification Loop is minimized by 
administratively maintaining closed all manual boundary valves 
within the SFP Purification Loop while the SFP Purification Loop is 
connected to the RWST. The BARS system is designed to maintain a 
high boron recovery rate, which will be verified through testing 
prior to initial start up of the system. Potential boron dilution 
during every operation of the BARS system is prevented through 
verification of the RWST boron margin prior to BARS system 
operation, calculating the expected rate of dilution, and monitoring 
the BARS system boron recovery rate by grab samples taken from the 
system inlet and outlet at least every 48 hours. Following operation 
of the BARS system, RWST sampling will be performed to verify the 
RWST boron concentration, and boron additions to the RWST will be 
made accordingly. These measures will ensure the TS minimum RWST 
boron concentration is available to mitigate the short-term 
consequences of a small break LOCA, large break LOCA, or MSLB 
accident.
    Therefore, 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 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by March 23, 2012, 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, should 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. 
Should the Commission take 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; Petitions for Leave To Intervene

    Within 60 days of this notice, any person(s) whose interest may be 
affected may file a request for hearing/petition to intervene. As 
required by 10 CFR 2.309, a petition for leave to intervene shall set 
forth with particularity the interest of the requestor/petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 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#f79f9296859e9990d99398949c9283b7998594d9909881"><span class="__cf_email__" data-cfemail="620a0703100b0c054c060d01090716220c10014c050d14">[email protected]</span></a>, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal

[[Page 14444]]

server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (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 hearing in this 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 Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the NRC's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#a6ebf5eee288f4c3d5c9d3d4c5c3e6c8d4c588c1c9d0"><span class="__cf_email__" data-cfemail="cc819f8488e29ea9bfa3b9beafa98ca2beafe2aba3ba">[email protected]</span></a>, or by a toll-free call to 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from March 9, 2012. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    For further details with respect to this exigent license 
application, see the application for amendment dated February 28, 2012, 
which is available for public inspection at the Public Document Room 
(PDR), located at One White Flint North, Room O1-F21, 11555 Rockville 
Pike (first floor), Rockville, Maryland 20852. Publicly available 
documents are accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) in the NRC Library at 
http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC's PDR reference staff by 
telephone at 1-800-397-4209, or 301-415-4737, or by email to 
<a href="/cdn-cgi/l/email-protection#a3d3c7d18dd1c6d0ccd6d1c0c6e3cdd1c08dc4ccd5"><span class="__cf_email__" data-cfemail="562632247824332539232435331638243578313920">[email protected]</span></a>.
    Attorney for licensee: M. Stanford Blanton, Balch and Bingham Law 
Firm, P.O. Box 306, Birmingham, Alabama 35201.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 29th day of February, 2012.
Robert E. Martin,
Senior Project Manager, Plant Licensing Branch II-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-5753 Filed 3-8-12; 8:45 am]
BILLING CODE 7590-01-P


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