[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16082-16090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6550]


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NUCLEAR REGULATORY COMMISSION

[EA-12-051; NRC-2012-0067; Docket Nos. (as shown in Attachment 1), 
License Nos. (as shown in Attachment 1), or Construction Permit Nos. 
(as shown in Attachment 1)]


In the Matter of All Power Reactor Licensees and Holders of 
Construction Permits in Active Or Deferred Status: Order Modifying 
Licenses With Regard To Reliable Spent Fuel Pool Instrumentation 
(Effective Immediately)

I

    The Licensees and construction permit (CP) holders\1\ identified in 
Attachment 1 to this Order hold licenses issued by the U.S. Nuclear 
Regulatory Commission (NRC or Commission) authorizing operation and/or 
construction of nuclear power plants in accordance with the Atomic 
Energy Act of 1954, as amended, and Title 10 of the Code of Federal 
Regulations (10 CFR) Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' and Part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.''
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    \1\ CP holders, as used in this Order, includes CPs, in active 
or deferred status, as identified in Attachment 1 to this Order 
(i.e., Watts Bar, Unit 2; and Bellefonte, Units 1 and 2)

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[[Page 16083]]

II

    On March 11, 2011, a magnitude 9.0 earthquake struck off the coast 
of the Japanese island of Honshu. The earthquake resulted in a large 
tsunami, estimated to have exceeded 14 meters (45 feet) in height, that 
inundated the Fukushima Dai-ichi nuclear power plant site.
    The earthquake and tsunami produced widespread devastation across 
northeastern Japan and significantly affected the infrastructure and 
industry in the northeastern coastal areas of Japan.
    When the earthquake occurred, Fukushima Dai-ichi Units 1, 2, and 3 
were in operation and Units 4, 5, and 6 were shut down for routine 
refueling and maintenance activities. The Unit 4 reactor fuel was 
offloaded to the Unit 4 spent fuel pool. Following the earthquake, the 
three operating units automatically shut down and offsite power was 
lost to the entire facility. The emergency diesel generators (EDGs) 
started at all six units providing alternating current (ac) electrical 
power to critical systems at each unit. The facility response to the 
earthquake appears to have been normal.
    Approximately 40 minutes following the earthquake and shutdown of 
the operating units, the first large tsunami wave inundated the site, 
followed by additional waves. The tsunami caused extensive damage to 
site facilities and resulted in a complete loss of all ac electrical 
power at Units 1 through 5, a condition known as station blackout. In 
addition, all direct current electrical power was lost early in the 
event on Units 1 and 2 and after some period of time at the other 
units. Unit 6 retained the function of one air-cooled EDG. Despite 
their actions, the operators lost the ability to cool the fuel in the 
Unit 1 reactor after several hours, in the Unit 2 reactor after about 
70 hours, and in the Unit 3 reactor after about 36 hours, resulting in 
damage to the nuclear fuel shortly after the loss of cooling 
capabilities.
    The Unit 4 spent fuel pool contained the highest heat load of the 
six units with the full core present in the spent fuel pool and the 
refueling gates installed. However, because Unit 4 had been shut down 
for more than 3 months, the heat load was low relative to that present 
in spent fuel pools immediately following shutdown for reactor 
refueling. Following the earthquake and tsunami, the operators in the 
Units 3 and 4 control room focused their efforts on stabilizing the 
Unit 3 reactor. During the event, concern grew that the spent fuel was 
overheating, causing a high-temperature reaction of steam and zirconium 
fuel cladding generating hydrogen gas. This concern persisted primarily 
due to a lack of readily available and reliable information on water 
levels in the spent fuel pools. Helicopter water drops, water cannons, 
and cement delivery vehicles with articulating booms were used to 
refill the pools, which diverted resources and attention from other 
efforts. Subsequent analysis determined that the water level in the 
Unit 4 spent fuel pool did not drop below the top of the stored fuel 
and no significant fuel damage occurred. The lack of information on the 
condition of the spent fuel pools contributed to a poor understanding 
of possible radiation releases and adversely impacted effective 
prioritization of emergency response actions by decision makers.
    Following the events at the Fukushima Dai-ichi nuclear power plant, 
the NRC established a senior-level agency task force referred to as the 
Near-Term Task Force (NTTF). The NTTF was tasked with conducting a 
systematic and methodical review of the NRC regulations and processes 
and determining if the agency should make additional improvements to 
these programs in light of the events at Fukushima Dai-ichi. As a 
result of this review, the NTTF developed a comprehensive set of 
recommendations, documented in SECY-11-0093, ``Near-Term Report and 
Recommendations for Agency Actions Following the Events in Japan,'' 
dated July 12, 2011. These recommendations were modified by the NRC 
staff following interactions with stakeholders. Documentation of the 
NRC staff's efforts is contained in SECY-11-0124, ``Recommended Actions 
To Be Taken Without Delay From the Near-Term Task Force Report,'' dated 
September 9, 2011, and SECY-11-0137, ``Prioritization of Recommended 
Actions To Be Taken in Response to Fukushima Lessons Learned,'' dated 
October 3, 2011.
    As directed by the Commission's Staff Requirements Memorandum (SRM) 
for SECY-11-0093, the NRC staff reviewed the NTTF recommendations 
within the context of the NRC's existing regulatory framework and 
considered the various regulatory vehicles available to the NRC to 
implement the recommendations. SECY-11-0124 and SECY-11-0137 
established the NRC staff's prioritization of the recommendations based 
upon the potential safety enhancements.
    Current regulatory requirements and existing plant capabilities 
allow the NRC to conclude that a sequence of events such as the 
Fukushima Dai-ichi accident is unlikely to occur in the United States. 
Therefore, continued operation and continued licensing activities do 
not pose an imminent threat to public health and safety. However, the 
NRC's assessment of new insights from the events at Fukushima Dai-ichi 
leads the NRC staff to conclude that additional requirements must be 
imposed on Licensees and CP holders to increase the capability of 
nuclear power plants to mitigate beyond-design-basis external events. 
These additional requirements represent a substantial increase in the 
protection of public health and safety. The Commission has decided to 
administratively exempt this Order from applicable provisions of the 
Backfit Rule, 10 CFR 50.109, and the issue finality requirements in 10 
CFR 52.63 and 10 CFR Part 52, Appendix D, Paragraph VIII.
    Additional details on an acceptable approach for complying with 
this Order will be contained in final interim staff guidance (ISG) 
scheduled to be issued by the NRC in August 2012. This guidance will 
include a template to be used for the plan that will be submitted in 
accordance with Section IV, Condition C.1 below.

III

    Reasonable assurance of adequate protection of public health and 
safety and assurance of the common defense and security are the 
fundamental NRC regulatory objectives. Compliance with NRC requirements 
plays a critical role in giving the NRC confidence that Licensees and 
CP holders are maintaining an adequate level of public health and 
safety and common defense and security. While compliance with NRC 
requirements presumptively ensures adequate protection, new information 
may reveal that additional requirements are warranted. In such 
situations, the Commission may act in accordance with its statutory 
authority under Section 161 of the Atomic Energy Act of 1954, as 
amended, to require Licensees and CP holders to take action in order to 
protect health and safety and common defense and security.
    To protect public health and safety from the inadvertent release of 
radioactive materials, the NRC's defense-in-depth strategy includes 
multiple layers of protection: (1) Prevention of accidents by virtue of 
the design, construction, and operation of the plant; (2) mitigation 
features to prevent radioactive releases should an accident occur; and 
(3) emergency preparedness programs that include measures such as 
sheltering and evacuation. The defense-in-depth strategy also provides 
for multiple physical barriers to contain the

[[Page 16084]]

radioactive materials in the event of an accident. The barriers are the 
fuel cladding, the reactor coolant pressure boundary, and the 
containment. These defense-in-depth features are embodied in the 
existing regulatory requirements and thereby provide adequate 
protection of public health and safety.
    In the case of spent fuel pools, compliance with existing 
regulations and guidance presumptively provides reasonable assurance of 
the safe storage of spent fuel. In particular, Appendix A, ``General 
Design Criteria for Nuclear Power Plants,'' to 10 CFR part 50 
establishes the general design criteria (GDC) for nuclear power plants. 
All currently operating reactors were licensed to the GDC or meet the 
intent of the GDC. The GDC provide the design features of the spent 
fuel storage and handling systems and the protection of these systems 
from natural phenomena and operational events. The accidents considered 
during licensing of U.S. nuclear power plants typically include failure 
of the forced cooling system and loss of spent fuel pool inventory at a 
specified rate within the capacity of the makeup water system. Further, 
spent fuel pools at U.S. nuclear power plants rely on maintenance of an 
adequate inventory of water under accident conditions to provide 
containment, as well as the cooling and shielding safety functions.
    During the events in Fukushima, responders were without reliable 
instrumentation to determine water level in the spent fuel pool. This 
caused concerns that the pool may have boiled dry, resulting in fuel 
damage.\2\ Fukushima demonstrated the confusion and misapplication of 
resources that can result from beyond-design-basis external events when 
adequate instrumentation is not available.
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    \2\ See Institute of Nuclear Power Operations (INPO) 11-005, 
``Special Report on the Nuclear Accident at the Fukushima Daiichi 
Nuclear Power Station,'' Revision 0, issued November 2011, p. 36.
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    The spent fuel pool level instrumentation at U.S. nuclear power 
plants is typically narrow range and, therefore, only capable of 
monitoring normal and slightly off-normal conditions. Although the 
likelihood of a catastrophic event affecting nuclear power plants and 
the associated spent fuel pools in the United States remains very low, 
beyond-design-basis external events could challenge the ability of 
existing instrumentation to provide emergency responders with reliable 
information on the condition of spent fuel pools. Reliable and 
available indication is essential to ensure plant personnel can 
effectively prioritize emergency actions.
    The Commission has determined that the spent fuel pool 
instrumentation required by this Order represents a significant 
enhancement to the protection of public health and safety and is an 
appropriate response to the insights from the Fukushima Dai-ichi 
accident. While this consideration is qualitative in nature, the 
Commission has long taken the position that the determination as to 
whether proposed backfits represent a substantial safety improvement 
may be qualitative in nature. Staff Requirements Memorandum, SECY-93-
086, ``Backfit Considerations'' (June 30, 1993), pp. 1-2. However the 
Commission does not, at this time, have sufficient information to 
complete a full backfit analysis of the spent fuel pool instrumentation 
that would be required by this Order. The NRC is analyzing the insights 
gained from the Fukushima Dai-ichi accident on an accelerated timeline. 
Additionally, the NRC has considered the Congressional intent that the 
agency act expeditiously on Tier 1 recommendations.
    The Commission has recognized, in exceptional circumstances, that 
some proposed rules may not meet the requirements specified in the 
Backfit Rule but nevertheless should be adopted by the NRC. Hence, the 
Commission advised the NRC staff that it would consider, on a case-by-
case basis, whether a proposed regulatory action should be adopted as 
an ``exception'' to the Backfit Rule. This Order represents such a 
case. Therefore, the Commission has decided to administratively exempt 
this Order from the Backfit Rule and the issue finality requirements in 
10 CFR 52.63 and 10 CFR part 52, Appendix D, paragraph VIII for several 
reasons.
    The Fukushima Dai-ichi accident was unprecedented in terms of 
initiating cause and the particular failure sequence. In addition, our 
review of this event has highlighted the benefits that can be derived 
from the availability of more diverse instrumentation. Consistent with 
the final Aircraft Impact Assessment Rule, 10 CFR 50.150, 74 FR 28112 
(June 12, 2009), the Commission's decision to administratively exempt 
this Order from compliance with the Backfit Rule is a highly 
exceptional action limited to the insights associated with the 
extraordinary underlying circumstances of the Fukushima Dai-ichi 
accident and the NRC's lessons learned. Furthermore, the extensive 
stakeholder engagement and broad endorsement for timely action support 
the Commission's judgment that immediate action to commence 
implementation of the spent fuel monitoring requirements is warranted 
at this time. In addition, pursuant to 10 CFR 2.202, the NRC finds that 
the public health, safety, and interest require that this Order be made 
immediately effective.
    Based upon the considerations set forth above, the Commission has 
determined that all power reactor licensees and CP holders must have a 
reliable means of remotely monitoring wide-range spent fuel pool levels 
to support effective prioritization of event mitigation and recovery 
actions in the event of a beyond-design-basis external event. These new 
requirements provide a greater capability, consistent with the overall 
defense-in-depth philosophy, and therefore greater assurance of 
protection of public health and safety from the challenges posed by 
beyond-design-basis external events to power reactors. Accordingly, the 
Commission concludes that all operating reactor licensees and CPs under 
Part 50 identified in Attachment 1 to this Order shall be modified to 
include the requirements identified in Attachment 2 to this Order. All 
combined licenses (COLs) under Part 52 identified in Attachment 1 to 
this Order shall be modified to include the requirements identified in 
Attachment 3 to this Order.

IV

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 182 of the 
Atomic Energy Act of 1954, as amended, and the Commission's regulations 
in 10 CFR 2.202, and 10 CFR parts 50 and 52, it is hereby ordered, 
effective immediately, that all licenses and construction permits 
identified in attachment 1 to this order are modified as follows:

    A.1. All holders of CPs issued under Part 50 shall, 
notwithstanding the provisions of any Commission regulation or CP to 
the contrary, comply with the requirements described in Attachment 2 
to this Order except to the extent that a more stringent requirement 
is set forth in the CP. These CP holders shall complete full 
implementation prior to issuance of an operating license.
    2. All holders of operating licenses issued under Part 50 shall, 
notwithstanding the provisions of any Commission regulation or 
license to the contrary, comply with the requirements described in 
Attachment 2 to this Order except to the extent that a more 
stringent requirement is set forth in the license. These Licensees 
shall promptly start implementation of the requirements in 
Attachment 2 to the Order and shall complete full implementation no 
later than two (2) refueling cycles after submittal of the overall 
integrated plan, as required in Condition C.1.a, or December 31, 
2016, whichever comes first.
    3. All holders of COLs issued under Part 52 shall, 
notwithstanding the provisions of

[[Page 16085]]

any Commission regulation or license to the contrary, comply with 
the requirements described in Attachment 3 to this Order except to 
the extent that a more stringent requirement is set forth in the 
license. These Licensees shall promptly start implementation of the 
requirements in Attachment 3 to the Order and shall complete full 
implementation prior to initial fuel load.
    B.1. All Licensees and CP holders shall, within twenty (20) days 
of the date of this Order, notify the Commission (1) if they are 
unable to comply with any of the requirements described in 
Attachment 2 or Attachment 3, (2) if compliance with any of the 
requirements is unnecessary in their specific circumstances, or (3) 
if implementation of any of the requirements would cause the 
Licensee or CP holder to be in violation of the provisions of any 
Commission regulation or the facility license. The notification 
shall provide the Licensee's or CP holder's justification for 
seeking relief from or variation of any specific requirement.
    2. Any Licensee or CP holder that considers that implementation 
of any of the requirements described in Attachment 2 or Attachment 3 
to this Order would adversely impact safe and secure operation of 
the facility must notify the Commission, within twenty (20) days of 
this Order, of the adverse impact, the basis for its determination 
that the requirement has an adverse impact, and either a proposal 
for achieving the same objectives specified in the Attachment 2 or 
Attachment 3 requirement in question, or a schedule for modifying 
the facility to address the adverse condition. If neither approach 
is appropriate, the Licensee or CP holder must supplement its 
response to Condition B.1 of this Order to identify the condition as 
a requirement with which it cannot comply, with attendant 
justifications as required in Condition B.1.
    C.1.a. All holders of operating licenses issued under Part 50 
shall by February 28, 2013, submit to the Commission for review an 
overall integrated plan, including a description of how compliance 
with the requirements described in Attachment 2 will be achieved.
    b. All holders of CPs issued under Part 50 or COLs issued under 
Part 52 shall, within one (1) year after issuance of the final ISG, 
submit to the Commission for review an overall integrated plan, 
including a description of how compliance with the requirements 
described in Attachment 2 or Attachment 3 will be achieved.
    2. All Licensees and CP holders shall provide an initial status 
report sixty (60) days after the issuance of the final ISG, and at 
six (6)-month intervals following submittal of the overall 
integrated plan, as required in Condition C.1, which delineates 
progress made in implementing the requirements of this Order.
    3. All Licensees and CP holders shall report to the Commission 
when full compliance with the requirements described in Attachment 2 
or Attachment 3 is achieved.

    Licensee or CP holder responses to Conditions B.1, B.2, C.1, C.2, 
and C.3, above, shall be submitted in accordance with 10 CFR 50.4 and 
10 CFR 52.3, as applicable.
    As applicable, the Director, Office of Nuclear Reactor Regulation 
or the Director, Office of New Reactors may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
or CP holder of good cause.

V

    In accordance with 10 CFR 2.202, the Licensee or CP holder must, 
and any other person adversely affected by this Order may, submit an 
answer to this Order, and may request a hearing on this Order, within 
twenty (20) days of the date of this Order. Where good cause is shown, 
consideration will be given to extending the time to answer or to 
request a hearing. A request for extension of time in which to submit 
an answer or request a hearing must be made in writing to the Director, 
Office of Nuclear Reactor Regulation or to the Director, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and 
include a statement of good cause for the extension. The answer may 
consent to this Order.
    If a hearing is requested by a Licensee, CP holder, or a person 
whose interest is adversely affected, the Commission will issue an 
Order designating the time and place of any hearings. If a hearing is 
held, the issue to be considered at such hearing shall be whether this 
Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the 
Licensee, CP holder, or any other person adversely affected by this 
Order, may, in addition to demanding a hearing, at the time the answer 
is filed or sooner, move the presiding officer to set aside the 
immediate effectiveness of the Order on the ground that the Order, 
including the need for immediate effectiveness, is not based on 
adequate evidence but on mere suspicion, unfounded allegations, or 
error.
    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#056d6064776c6b622b616a666e6071456b77662b626a73"><span class="__cf_email__" data-cfemail="6c04090d1e05020b4208030f0709182c021e0f420b031a">[email protected]</span></a>, or by 
telephone at (301) 415-1677, to request (1) a digital ID certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal 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 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 NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency'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, 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

[[Page 16086]]

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 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 agency'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 at 
<a href="/cdn-cgi/l/email-protection#2568766d610b7740564a50574640654b57460b424a53"><span class="__cf_email__" data-cfemail="b1fce2f9f59fe3d4c2dec4c3d2d4f1dfc3d29fd6dec7">[email protected]</span></a>, or by a toll-free call at (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 
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.
    If a person other than the Licensee or CP holder requests a 
hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.309(d).
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final twenty (20) days from the 
date of this Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section IV shall be final when the extension 
expires if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 
order.

    For the Nuclear Regulatory Commission.

    Dated this 12th day of March 2012.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
Michael R. Johnson,
Director, Office of New Reactors.

Power Reactor Licensees and Licensees With Active and/or Deferred 
Construction Permits

Arkansas Nuclear One

Entergy Operations, Inc., Docket Nos. 50-313 and 50-368 License Nos. 
DPR-51 and NPF-6
Mr. Christopher J. Schwarz, Vice President, Operations, Entergy 
Operations, Inc., Arkansas Nuclear One, 1448 S.R. 333, Russellville, AR 
72802

Beaver Valley Power Station

First Energy Nuclear Operating Co., Docket Nos. 50-334 and 50-412, 
License Nos. DPR-66 and NPF-73
Mr. Paul A. Harden, Site Vice President, FirstEnergy Nuclear Operating 
Company, Mail Stop A-BV-SEB1, P.O. Box 4, Route 168, Shippingport, PA 
15077

Bellefonte Nuclear Power Station

Tennessee Valley Authority, Docket Nos. 50-438 and 50-439, Construction 
Permit Nos. CPPR No. 122 and CPPR No. 123
Mr. Michael D. Skaggs, Senior Vice President, Nuclear Generation 
Development and Construction, Tennessee Valley Authority, 6A Lookout 
Place, 1101 Market Street, Chattanooga, TN 37402-2801

Braidwood Station

Exelon Generation Co., LLC, Docket Nos. STN 50-456 and STN 50-457, 
License Nos. NPF-72 and NPF-77
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Browns Ferry Nuclear Plant

Tennessee Valley Authority, Docket Nos. 50-259, 50-260 and 50-296, 
License Nos. DPR-33, DPR-52 and DPR-68
Mr. Preston D. Swafford, Chief Nuclear Officer and Executive Vice 
President, Tennessee Valley Authority, 3R Lookout Place, 1101 Market 
Street, Chattanooga, TN 37402-2801

Brunswick Steam Electric Plant

Carolina Power & Light Co., Docket Nos. 50-325 and 50-324, License Nos. 
DPR-71 and DPR-62
Mr. Michael J. Annacone, Vice President, Carolina Power & Light 
Company, Brunswick Steam Electric Plant, P. O. Box 10429, Southport, NC 
28461

Byron Station

Exelon Generation Co., LLC, Docket Nos. STN 50-454 and STN 50-455, 
License Nos. NPF-37 and NPF-66
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Callaway Plant

Union Electric Co., Docket No. 50-483, License No. NPF-30

[[Page 16087]]

Mr. Adam C. Heflin, Senior Vice President and Chief Nuclear Officer, 
Union Electric Company, P. O. Box 620, Fulton, MO 65251

Calvert Cliffs Nuclear Power Plant

Calvert Cliffs Nuclear Power Plant, LLC, Docket Nos. 50-317 and 50-318, 
License Nos. DPR-53 and DPR-69
Mr. George H. Gellrich, Vice President, Calvert Cliffs Nuclear Power 
Plant, LLC, Calvert Cliffs Nuclear Power Plant, 1650 Calvert Cliffs 
Parkway, Lusby, MD 20657-4702

Catawba Nuclear Station

Duke Energy Carolinas, LLC, Docket Nos. 50-413 and 50-414, License Nos. 
NPF-35 and NPF-52
Mr. James R. Morris, Site Vice President, Duke Energy Carolinas, LLC, 
Catawba Nuclear Station, 4800 Concord Road, York, SC 29745

Clinton Power Station

Exelon Generation Co., LLC, Docket No. 50-461, License No. NPF-62
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Columbia Generating Station

Energy Northwest, Docket No. 50-397, License No. NPF-21
Mr. Mark E. Reddemann, Chief Executive Officer, Energy Northwest, MD 
1023, P.O. Box 968, Richland, WA 99352

Comanche Peak Nuclear Power Plant

Luminant Generation Co., LLC, Docket Nos. 50-445 and 50-446, License 
Nos. NPF-87 and NPF-89
Mr. Rafael Flores, Senior Vice President and Chief Nuclear Officer, 
Luminant Generation Company, LLC, Attn: Regulatory Affairs, P. O. Box 
1002, Glen Rose, TX 76043

Cooper Nuclear Station

Nebraska Public Power District, Docket No. 50-298, License No. DPR-46
Mr. Brian J. O'Grady, Vice President--Nuclear and Chief Nuclear 
Officer, Nebraska Public Power District, 72676 648A Avenue, P.O. Box 
98, Brownville, NE 68321

Crystal River Nuclear Generating Plant

Florida Power Corp., Docket No. 50-302, License No. DPR-72
Mr. Jon A. Franke, Vice President, Attn: Supervisor, Licensing & 
Regulatory Affairs, Progress Energy, Inc., Crystal River Nuclear Plant 
(NA2C), 15760 West Power Line Street, Crystal River, FL 34428-6708

Davis-Besse Nuclear Power Station

First Energy Nuclear Operating Co., Docket No. 50-346, License No. NPF-
3
Mr. Barry S. Allen, Site Vice President, FirstEnergy Nuclear Operating 
Company, c/o Davis-Besse NPS, 5501 N. State Route 2, Oak Harbor, OH 
43449-9760

Diablo Canyon Power Plant

Pacific Gas & Electric Co., Docket Nos. 50-275 and 50-323, License Nos. 
DPR-80 and DPR-82
Mr. John T. Conway, Senior Vice President--Energy Supply and Chief 
Nuclear Officer, Pacific Gas and Electric Company, Diablo Canyon Power 
Plant, 77 Beale Street, Mail Code B32, San Francisco, CA 94105

Donald C. Cook Nuclear Plant

Indiana Michigan Power Co., Docket Nos. 50-315 and 50-316, License Nos. 
DPR-58 and DPR-74
Mr. Lawrence J. Weber, Senior Vice President and Chief Nuclear Officer, 
Indiana Michigan Power Company, Nuclear Generation Group, One Cook 
Place, Bridgman, MI 49106

Dresden Nuclear Power Station

Exelon Generation Co., LLC, Docket Nos. 50-237 and 50-249, License Nos. 
DPR-19 and DPR-25
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Duane Arnold Energy Center

NextEra Energy Duane Arnold, LLC, Docket No. 50-331, License No. DPR-49
Mr. Peter Wells, Site Vice President, NextEra Energy, Duane Arnold 
Energy Center, 3277 DAEC Road, Palo, IA 52324-9785

Edwin I. Hatch Nuclear Plant

Southern Nuclear Operating Co., Docket Nos. 50-321 and 50-366, License 
Nos. DPR-57 and NPF-5
Mr. Dennis R. Madison, Vice President, Southern Nuclear Operating 
Company, Inc., Edwin I. Hatch Nuclear Plant, 11028 Hatch Parkway North, 
Baxley, GA 31513

Fermi

Detroit Edison Co., Docket No. 50-341, License No. NPF-43
Mr. Jack M. Davis, Senior Vice President and Chief Nuclear Officer, 
Detroit Edison Company, Fermi 2--210 NOC, 6400 North Dixie Highway, 
Newport, MI 48166

Fort Calhoun Station

Omaha Public Power District, Docket No. 50-285, License No. DPR-40
Mr. David J. Bannister, Vice President and Chief Nuclear Officer, Omaha 
Public Power District, 444 South 16th St. Mall, Omaha, NE 68102-2247

Grand Gulf Nuclear Station

Entergy Operations, Inc., Docket No. 50-416, License No. NPF-29
Mr. Michael Perito, Vice President, Operations, Entergy Operations, 
Inc., Grand Gulf Nuclear Station, Unit 1, 7003 Bald Hill Road, Port 
Gibson, MS 39150

H.B. Robinson Steam Electric Plant

Carolina Power & Light Co., Docket No. 50-261, License No. DPR-23
Mr. Robert J. Duncan II, Vice President, Carolina Power & Light 
Company, 3581 West Entrance Road, Hartsville, SC 29550

Hope Creek Generating Station

PSEG Nuclear, LLC, Docket No. 50-354, License No. NPF-57
Mr. Thomas Joyce, President and Chief Nuclear Officer, PSEG Nuclear 
LLC--N09, P. O. Box 236, Hancocks Bridge, NJ 08038

Indian Point Energy Center

Entergy Nuclear Operations, Inc., Docket Nos. 50-247 and 50-286, 
License Nos. DPR-26 and DPR-64
Mr. John Ventosa, Vice President, Operations, Entergy Nuclear 
Operations, Inc., Indian Point Energy Center, 450 Broadway, GSB, P.O. 
Box 249, Buchanan, NY 10511-0249

James A. FitzPatrick Nuclear Power Plant

Entergy Nuclear Operations, Inc., Docket No. 50-333, License No. DPR-59
Mike Colomb, Vice President, Operations, Entergy Nuclear Operations, 
Inc., James A. FitzPatrick Nuclear Power Plant, P.O. Box 110, Lycoming, 
NY 13093

Joseph M. Farley Nuclear Plant

Southern Nuclear Operating Co., Docket Nos. 50-348 and 50-364, License 
Nos. NPF-2 and NPF-8
Mr. Tom Lynch, Vice President--Farley, Southern Nuclear Operating 
Company, Inc., Joseph M. Farley Nuclear Plant, 7388 North State Highway 
95, Columbia, AL 36319

Kewaunee Power Station

Dominion Energy Kewaunee, Inc., Docket No. 50-305, License No. DPR-43
Mr. David A. Heacock, President and Chief Nuclear Officer, Dominion

[[Page 16088]]

Energy Kewaunee, Inc., Innsbrook Technical Center, 5000 Dominion 
Boulevard, Glen Allen, VA 23060-6711

LaSalle County Station

Exelon Generation Co., LLC, Docket Nos. 50-373 and 50-374, License Nos. 
NPF-11 and NPF-18
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Limerick Generating Station

Exelon Generation Co., LLC, Docket Nos. 50-352 and 50-353, License Nos. 
NPF-39 and NPF-85
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Millstone Nuclear Power Station

Dominion Nuclear Connecticut, Inc., Docket Nos. 50-336 and 50-423, 
License Nos. DPR-65 and NPF-49
Mr. David A. Heacock, President and Chief Nuclear Officer, Dominion 
Nuclear Connecticut, Inc., Innsbrook Technical Center, 5000 Dominion 
Boulevard, Glen Allen, VA 23060-6711

Monticello Nuclear Generating Plant

Northern States Power Company, Docket No. 50-263, License No. DPR-22
Mr. Timothy J. O'Connor, Site Vice President, Northern States Power 
Company--Minnesota, Monticello Nuclear Generating Plant, 2807 West 
County Road 75, Monticello, MN 55362-9637

Nine Mile Point Nuclear Station

Nine Mile Point Nuclear Station, LLC, Docket Nos. 50-220 and 50-410, 
License Nos. DPR-63 and NPF-69
Mr. Ken Langdon, Vice President Nine Mile Point, Nine Mile Point 
Nuclear Station, LLC, P.O. Box 63, Lycoming, NY 13093

North Anna Power Station

Virginia Electric & Power Co., Docket Nos. 50-338 and 50-339, License 
Nos. NPF-4 and NPF-7
Mr. David A. Heacock, President and Chief Nuclear Officer, Dominion 
Nuclear, Innsbrook Technical Center, 5000 Dominion Boulevard, Glen 
Allen, VA 23060-6711

Oconee Nuclear Station

Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270 and 50-287, 
License Nos. DPR-38, DPR-47 and DPR-55
Mr. Preston Gillespie, Site Vice President, Oconee Nuclear Station, 
Duke Energy Carolinas, LLC, 7800 Rochester Highway, Seneca, SC 29672

Oyster Creek Nuclear Generating Station

Exelon Generation Co., LLC, Docket No. 50-219, License No. DPR-16
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Palisades Nuclear Plant

Entergy Nuclear Operations, Inc., Docket No. 50-255, License No. DPR-20
Mr. Anthony J. Vitale, Site Vice President--Palisades, Entergy Nuclear 
Operations, Inc., Palisades Nuclear Plant, 27780 Blue Star Memorial 
Highway, Covert, MI 49043

Palo Verde Nuclear Generating Station

Arizona Public Service Company, Docket Nos. STN 50-528, STN 50-529 and 
STN 50-530, License Nos. NPF-41, NPF-51 and NPF-74
Mr. Randall K. Edington, Executive Vice President Nuclear and Chief 
Nuclear Officer, Arizona Public Service Co., P.O. Box 52034, MS 7602, 
Phoenix, AZ 85072-2034

Peach Bottom Atomic Power Station

Exelon Generation Co., LLC, Docket Nos. 50-277 and 50-278, License Nos. 
DPR-44 and DPR-56
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Perry Nuclear Power Plant

First Energy Nuclear Operating Co., Docket No. 50-440, License No. NPF-
58
Mr. Vito A. Kaminskas, Site Vice President--Nuclear--Perry, FirstEnergy 
Nuclear Operating Company, Perry Nuclear Power Plant, 10 Center Road, 
A290, Perry, OH 44081

Pilgrim Nuclear Power Station Unit No. 1

Entergy Nuclear Operations, Inc., Docket No. 50-293, License No. DPR-35
Mr. Robert Smith, Vice President and Site Vice President, Entergy 
Nuclear Operations, Inc., Pilgrim Nuclear Power Station, 600 Rocky Hill 
Road, Plymouth, MA 02360-5508

Point Beach Nuclear Plant

NextEra Energy Point Beach, LLC, Docket Nos. 50-266 and 50-301, License 
Nos. DPR-24 and DPR-27
Mr. Larry Meyer, Site Vice President, NextEra Energy Point Beach, LLC, 
Point Beach Nuclear Plant, Units 1 & 2, 6610 Nuclear Road, Two Rivers, 
WI 54241-9516

Prairie Island Nuclear Generating Plant

Northern States Power Co. Minnesota, Docket Nos. 50-282 and 50-306, 
License Nos. DPR-42 and DPR-60
Mr. Mark A. Schimmel, Site Vice President, Northern States Power 
Company--Minnesota, Prairie Island Nuclear Generating Plant, 1717 
Wakonade Drive East, Welch, MN 55089-9642

Quad Cities Nuclear Power Station

Exelon Generation Co., LLC, Docket Nos. 50-254 and 50-265, License Nos. 
DPR-29 and DPR-30
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

R.E. Ginna Nuclear Power Plant

R.E. Ginna Nuclear Power Plant, LLC, Docket No. 50-244, License No. 
DPR-18
Mr. Joseph E. Pacher, Vice President, R.E. Ginna Nuclear Power Plant, 
LLC, R.E. Ginna Nuclear Power Plant, 1503 Lake Road, Ontario, NY 14519

River Bend Station

Entergy Operations, Inc., Docket No. 50-458, License No. NPF-47
Mr. Eric W. Olson, Vice President, Operations, Entergy Operations, 
Inc., River Bend Station, 5485 U.S. Highway 61N, St. Francisville, LA 
70775

Salem Nuclear Generating Station

PSEG Nuclear, LLC, Docket Nos. 50-272 and 50-311, License Nos. DPR-70 
and DPR-75
Mr. Thomas Joyce, President and Chief Nuclear Officer, PSEG Nuclear 
LLC--N09, P.O. Box 236, Hancocks Bridge, NJ 08038

San Onofre Nuclear Generating Station

Southern California Edison Co., Docket Nos. 50-361 and 50-362, License 
Nos. NPF-10 and NPF-15
Mr. Peter T. Dietrich, Senior Vice President and Chief Nuclear Officer, 
Southern California Edison Company, San Onofre Nuclear Generating 
Station, P.O. Box 128, San Clemente, CA 92674-0128

Seabrook

NextEra Energy Seabrook, LLC, Docket No. 50-443, License No. NPF-86
Mr. Paul Freeman, Site Vice President, NextEra Energy Seabrook, LLC, c/
o

[[Page 16089]]

Mr. Michael O'Keefe, NextEra Energy Seabrook, LLC, P.O. Box 300, 
Seabrook, NH 03874

Sequoyah Nuclear Plant

Tennessee Valley Authority, Docket Nos. 50-327 and 50-328, License Nos. 
DPR-77 and DPR-79
Mr. Preston D. Swafford, Chief Nuclear Officer and Executive Vice 
President, Tennessee Valley Authority, 3R Lookout Place, 1101 Market 
Street, Chattanooga, TN 37402-2801

Shearon Harris Nuclear Power Plant

Carolina Power & Light Co., Docket No. 50-400, License No. NPF-63
Mr. Christopher L. Burton, Vice President, Progress Energy Carolinas, 
Inc., Shearon Harris Nuclear Power Plant, P.O. Box 165, Mail Zone 1, 
New Hill, NC 27562-0165

South Texas Project

STP Nuclear Operating Co., Docket Nos. 50-498 and 50-499, License Nos. 
NPF-76 and NPF-80
Mr. Edward D. Halpin, President, Chief Executive Officer and Chief 
Nuclear Officer, STP Nuclear Operating Company, South Texas Project, 
P.O. Box 289, Wadsworth, TX 77483

St. Lucie Plant

Florida Power & Light Co., Docket Nos. 50-335 and 50-389, License Nos. 
DPR-67 and NPF-16
Mr. Mano Nazar, Executive Vice President and Chief Nuclear Officer, 
NextEra Energy, 700 Universe Boulevard, P.O. Box 14000, Juno Beach, FL 
33408-0420

Surry Power Station

Virginia Electric & Power Co., Docket Nos. 50-280 and 50-281, License 
Nos. DPR-32 and DPR-37
Mr. David A. Heacock, President and Chief Nuclear Officer, Dominion 
Nuclear, Innsbrook Technical Center, 5000 Dominion Boulevard, Glen 
Allen, VA 23060-6711

Susquehanna Steam Electric Station

PPL Susquehanna, LLC, Docket Nos. 50-387 and 50-388, License Nos. NPF-
14 and NPF-22
Mr. Timothy S. Rausch, Senior Vice President and Chief Nuclear Officer, 
PPL Susquehanna, LLC, 769 Salem Boulevard, NUCSB3, Berwick, PA 18603-
0467

Three Mile Island Nuclear Station, Unit 1

 (* via corrected letter dated 3/13/12--ML12073A366), Exelon Generation 
Co., LLC, Docket No. 50-289, License No. DPR-50
Mr. Michael J. Pacilio, President and Chief Nuclear Officer, Exelon 
Nuclear, 4300 Winfield Road, Warrenville, IL 60555

Turkey Point

Florida Power & Light Co., Docket Nos. 50-250 and 50-251, License Nos. 
DPR-31 and DPR-41
Mr. Mano Nazar, Executive Vice President and Chief Nuclear Officer, 
NextEra Energy, 700 Universe Boulevard, P.O. Box 14000, Juno Beach, FL 
33408-0420

Vermont Yankee Nuclear Power Station

Entergy Nuclear Operations, Inc., Docket No. 50-271, License No. DPR-28
Mr. Christopher J. Wamser, Site Vice President, Entergy Nuclear 
Operations, Inc., Vermont Yankee Nuclear Power Station, 320 Governor 
Hunt Road, Vernon, VT 05354

Virgil C. Summer Nuclear Station

South Carolina Electric & Gas Co., Docket No. 50-395, License No. NPF-
12
Mr. Thomas D. Gatlin, Vice President Nuclear Operations, South Carolina 
Electric & Gas Company, Virgil C. Summer Nuclear Station, Post Office 
Box 88, Mail Code 300, Jenkinsville, SC 29065

Vogtle Electric Generating Plant

Southern Nuclear Operating Co., Docket Nos. 50-424 and 50-425, License 
Nos. NPF-68 and NPF-81
Mr. Tom E. Tynan, Vice President, Southern Nuclear Operating Company, 
Inc., Vogtle Electric Generating Plant, 7821 River Road, Waynesboro, GA 
30830

Vogtle Electric Generating Plant, Units 3 and 4

Southern Nuclear Operating Co., Docket Nos. 52-025 and 52-026, License 
Nos. NPF-91 and NPF-92
Mr. B.L. Ivey, Vice President, Regulatory Affairs, Southern Nuclear 
Operating Company, Inc., 40 Inverness Center Parkway, Bin B022, 
Birmingham, AL 35242

Waterford Steam Electric Station

Entergy Operations, Inc., Docket No. 50-382, License No. NPF-38
Ms. Donna Jacobs, Vice President, Operations, Entergy Operations, Inc., 
Waterford Steam Electric Station, Unit 3, 17265 River Road, Killona, LA 
70057-0751

Watts Bar Nuclear Plant, Unit 1

Tennessee Valley Authority, Docket No. 50-390, License No. NPF-90
Mr. Preston D. Swafford, Chief Nuclear Officer and Executive Vice 
President, Tennessee Valley Authority, 3R Lookout Place, 1101 Market 
Street, Chattanooga, TN 37402-2801

Watts Bar Nuclear Plant, Unit 2

Tennessee Valley Authority, Docket No. 50-391, Construction Permit No. 
CPPR No. 092
Mr. Michael D. Skaggs, Senior Vice President, Nuclear Generation 
Development and Construction, Tennessee Valley Authority, 6A Lookout 
Place, 1101 Market Street, Chattanooga, TN 37402-2801

William B. McGuire Nuclear Station

Duke Energy Carolinas, LLC, Docket Nos. 50-369 and 50-370, License Nos. 
NPF-9 and NPF-17
Mr. Regis T. Repko, Vice President, Duke Energy Carolinas, LLC, McGuire 
Nuclear Site, 12700 Hagers Ferry Road, Huntersville, NC 28078

Wolf Creek Generating Station

Wolf Creek Nuclear Operating Corp., Docket No. 50-482, License No. NPF-
42
Mr. Matthew W. Sunseri, President and Chief Executive Officer, Wolf 
Creek Nuclear Operating Corporation, P.O. Box 411, Burlington, KS 66839

Requirements for Reliable Spent Fuel Pool Level Instrumentation at 
Operating Reactor Sites and Construction Permit Holders

    All licensees identified in Attachment 1 to this Order shall have a 
reliable indication of the water level in associated spent fuel storage 
pools capable of supporting identification of the following pool water 
level conditions by trained personnel: (1) Level that is adequate to 
support operation of the normal fuel pool cooling system, (2) level 
that is adequate to provide substantial radiation shielding for a 
person standing on the spent fuel pool operating deck, and (3) level 
where fuel remains covered and actions to implement make-up water 
addition should no longer be deferred.
    1. The spent fuel pool level instrumentation shall include the 
following design features:
    1.1 Instruments: The instrumentation shall consist of a permanent, 
fixed primary instrument channel and a backup instrument channel. The 
backup instrument channel may be fixed or portable. Portable 
instruments shall have capabilities that enhance the ability of trained 
personnel to monitor spent fuel pool water level under conditions that 
restrict direct personnel access to the

[[Page 16090]]

pool, such as partial structural damage, high radiation levels, or heat 
and humidity from a boiling pool.
    1.2 Arrangement: The spent fuel pool level instrument channels 
shall be arranged in a manner that provides reasonable protection of 
the level indication function against missiles that may result from 
damage to the structure over the spent fuel pool. This protection may 
be provided by locating the primary instrument channel and fixed 
portions of the backup instrument channel, if applicable, to maintain 
instrument channel separation within the spent fuel pool area, and to 
utilize inherent shielding from missiles provided by existing recesses 
and corners in the spent fuel pool structure.
    1.3 Mounting: Installed instrument channel equipment within the 
spent fuel pool shall be mounted to retain its design configuration 
during and following the maximum seismic ground motion considered in 
the design of the spent fuel pool structure.
    1.4 Qualification: The primary and backup instrument channels shall 
be reliable at temperature, humidity, and radiation levels consistent 
with the spent fuel pool water at saturation conditions for an extended 
period. This reliability shall be established through use of an 
augmented quality assurance process (e.g., a process similar to that 
applied to the site fire protection program).
    1.5 Independence: The primary instrument channel shall be 
independent of the backup instrument channel.
    1.6 Power supplies: Permanently installed instrumentation channels 
shall each be powered by a separate power supply. Permanently installed 
and portable instrumentation channels shall provide for power 
connections from sources independent of the plant ac and dc power 
distribution systems, such as portable generators or replaceable 
batteries. Onsite generators used as an alternate power source and 
replaceable batteries used for instrument channel power shall have 
sufficient capacity to maintain the level indication function until 
offsite resource availability is reasonably assured.
    1.7 Accuracy: The instrument channels shall maintain their designed 
accuracy following a power interruption or change in power source 
without recalibration.
    1.8 Testing: The instrument channel design shall provide for 
routine testing and calibration.
    1.9 Display: Trained personnel shall be able to monitor the spent 
fuel pool water level from the control room, alternate shutdown panel, 
or other appropriate and accessible location. The display shall provide 
on-demand or continuous indication of spent fuel pool water level.
    2. The spent fuel pool instrumentation shall be maintained 
available and reliable through appropriate development and 
implementation of the following programs:
    2.1 Training: Personnel shall be trained in the use and the 
provision of alternate power to the primary and backup instrument 
channels.
    2.2 Procedures: Procedures shall be established and maintained for 
the testing, calibration, and use of the primary and backup spent fuel 
pool instrument channels.
    2.3 Testing and Calibration: Processes shall be established and 
maintained for scheduling and implementing necessary testing and 
calibration of the primary and backup spent fuel pool level instrument 
channels to maintain the instrument channels at the design accuracy.

Requirements for Reliable Spent Fuel Pool Level Instrumentation at 
Combined License Holder Reactor Sites

    Attachment 2 to this Order for Part 50 Licensees requires reliable 
indication of the water level in associated spent fuel storage pools 
capable of supporting identification of the following pool water level 
conditions by trained personnel: (1) level that is adequate to support 
operation of the normal fuel pool cooling system, (2) level that is 
adequate to provide substantial radiation shielding for a person 
standing on the spent fuel pool operating deck, and (3) level where 
fuel remains covered and actions to implement make-up water addition 
should no longer be deferred.
    The design bases of Vogtle Units 3 and 4 address many of these 
attributes of spent fuel pool level instrumentation. The NRC staff 
reviewed these design features prior to issuance of the combined 
licenses for these facilities and certification of the AP1000 design 
referenced therein. The AP1000 certified design largely addresses the 
requirements in Attachment 2 by providing two safety-related spent fuel 
pool level instrument channels. The instruments measure level from the 
top of the spent fuel pool to the top of the fuel racks to address the 
range requirements listed above. The safety-related classification 
provides for the following additional design features:
    <bullet> Seismic and environmental qualification of the instruments
    <bullet> Independent power supplies
    <bullet> Electrical isolation and physical separation between 
instrument channels
    <bullet> Display in the control room as part of the post-accident 
monitoring instrumentation
    <bullet> Routine calibration and testing
    As such, this Order requires Vogtle Units 3 and 4 to address the 
following requirements that were not specified in the certified design.
    1. The spent fuel pool level instrumentation shall include the 
following design features:
    1.1 Arrangement: The spent fuel pool level instrument channels 
shall be arranged in a manner that provides reasonable protection of 
the level indication function against missiles that may result from 
damage to the structure over the spent fuel pool. This protection may 
be provided by locating the safety-related instruments to maintain 
instrument channel separation within the spent fuel pool area, and to 
utilize inherent shielding from missiles provided by existing recesses 
and corners in the spent fuel pool structure.
    1.2 Qualification: The level instrument channels shall be reliable 
at temperature, humidity, and radiation levels consistent with the 
spent fuel pool water at saturation conditions for an extended period.
    1.3 Power supplies: Instrumentation channels shall provide for 
power connections from sources independent of the plant alternating 
current (ac) and direct current (dc) power distribution systems, such 
as portable generators or replaceable batteries. Power supply designs 
should provide for quick and accessible connection of sources 
independent of the plant ac and dc power distribution systems. Onsite 
generators used as an alternate power source and replaceable batteries 
used for instrument channel power shall have sufficient capacity to 
maintain the level indication function until offsite resource 
availability is reasonably assured.
    1.4 Accuracy: The instrument shall maintain its designed accuracy 
following a power interruption or change in power source without 
recalibration.
    1.5 Display: The display shall provide on-demand or continuous 
indication of spent fuel pool water level.
    2. The spent fuel pool instrumentation shall be maintained 
available and reliable through appropriate development and 
implementation of a training program. Personnel shall be trained in the 
use and the provision of alternate power to the safety-related level 
instrument channels.

[FR Doc. 2012-6550 Filed 3-16-12; 8:45 am]
BILLING CODE 7590-01-P


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