[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81443-81445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25819]



[[Page 81443]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-323; NRC-2023-0197]


Pacific Gas and Electric Company; Diablo Canyon Nuclear Power 
Plant, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is considering issuance of an amendment to Facility Operating License 
No. DPR-82, issued to Pacific Gas and Electric Company (PG&E, the 
licensee), for operation of the Diablo Canyon Nuclear Power Plant 
(Diablo Canyon), Unit 2. The proposed amendment would revise Technical 
Specification (TS) 3.7.8, ``Auxiliary Saltwater (ASW) System,'' 
Condition A note to allow a one-time Completion Time (CT) of 144 hours 
to replace the ASW Pump 2-2 motor during Cycle 24. The proposed 
amendment is being requested under exigent circumstances pursuant to 
NRC regulations.

DATES: Submit comments by December 6, 2023. Request for a hearing or 
petitions for leave to intervene must be filed by January 22, 2024.

ADDRESSES: You may submit comments by any of the following; however, 
the NRC encourages electronic comment submission through the Federal 
rulemaking website:
    <bullet> Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0197. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#5102253032287f023239243c303f3f113f23327f363e27"><span class="__cf_email__" data-cfemail="7023041113095e231318051d111e1e301e02135e171f06">[email protected]</span></a>. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
    <bullet> Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1564; email: <a href="/cdn-cgi/l/email-protection#55063c23347b193c3b323438153b27367b323a23"><span class="__cf_email__" data-cfemail="f0a3998691debc999e97919db09e8293de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0197 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0197.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#b7e7f3e599e5d2c4d8c2c5d4d2f7d9c5d499d0d8c1"><span class="__cf_email__" data-cfemail="4e1e0a1c601c2b3d213b3c2d2b0e203c2d60292138">[email protected]</span></a>. The License Amendment Request 23-
03, as supplemented, to revise Technical Specification (TS) 3.7.8, 
``Auxiliary Saltwater (ASW) System,'' is available in ADAMS under 
Accession Nos. ML23319A204 and ML23320A312, respectively.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to <a href="/cdn-cgi/l/email-protection#e8b8acbac6ba8d9b879d9a8b8da8869a8bc68f879e"><span class="__cf_email__" data-cfemail="de8e9a8cf08cbbadb1abacbdbb9eb0acbdf0b9b1a8">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 
p.m. eastern time (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0197 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. DPR-82, issued to PG&E, for operation of Diablo 
Canyon, Unit 2, located in San Luis Obispo County, California.
    The proposed amendment would revise TS 3.7.8, ``Auxiliary Saltwater 
(ASW) System,'' to provide a revised TS 3.7.8 Condition A Note to allow 
a one-time completion time (CT) of 144 hours to replace the ASW System 
Pump 2-2 motor during Cycle 24 for Diablo Canyon, Unit 2.
    Pursuant to the requirements of sections 50.91 and 50.92 of Title 
10 of the Code of Federal Regulations (10 CFR), the licensee requested 
approval of the amendment under exigent circumstances. The need to 
replace the ASW Pump 2-2 motor occurred on an emergent basis due to 
indication of a potential degraded motor bearing. The ASW Pump 2-2 
motor is currently OPERABLE but trends in bearing performance indicate 
that OPERABILITY could be impacted prior to the next scheduled Unit 2 
refueling outage in April 2023. In order to maintain high plant safety, 
PG&E currently plans to begin replacement of the ASW Pump 2-2 motor the 
week of December 11, 2023. The circumstances requiring this exigent 
amendment request could not reasonably have been avoided. Oil samples 
collected from ASW pump 2-2 in January 2023 up until August 21, 2023, 
were within acceptance limits. On October 23, 2023, the ASW Pump 2-2 
oil sample visually exhibited further discoloration compared to the 
sample collected on August 21, 2023, indicating that degradation had 
continued. As a result of the indication of a potential degraded ASW 
Pump 2-2 motor bearing on October 23, 2023, the associated analysis on 
October 27, 2023, indicating a further step change increase in 
particulate count, and as a prudent measure to maintain high 
reliability of the ASW pump, PG&E currently plans to begin replacement 
of the ASW Pump 2-2 motor on the week of December 11, 2023. The 
replacement of this motor will have no impact on the unit

[[Page 81444]]

electrical load or electrical distribution systems.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC has made a proposed determination that 
the license amendment request involves no significant hazards 
consideration (NSHC). Under the NRC's regulations in 10 CFR 50.92, this 
means that operation of the facility in accordance with the proposed 
amendment would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of NSHC, which is presented as 
follows:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to the requirements in TS 3.7.8, ``Auxiliary 
Saltwater (ASW) System'' Condition A will allow a one-time 
Completion Time of 144-hours during Unit 2 Cycle 24 for Auxiliary 
Saltwater System (ASW) Pump 2-2 to support the emergent replacement 
of the pump motor. The ASW system is not an initiator of any UFSAR 
Chapter 6 or 15 design basis accident or event, and therefore, the 
proposed change does not increase the probability of any accident 
previously evaluated. The ASW system is used to supply cooling water 
to respond to accidents that have been previously evaluated. The 
proposed change affects only the time allowed for an ASW system 
train to be inoperable and does not affect the design of the ASW 
system. With the change to TS 3.7.8, adequate ASW continues to be 
provided to perform the heat removal function for accidents 
previously evaluated and there is no significant impact on accident 
consequences. The proposed change does not significantly change how 
the plant would mitigate an accident previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not result in a change in the manner in 
which the ASW system provides plant protection. The ASW system will 
continue to perform the function of heat removal while in the 
proposed revised TS 3.7.8 Condition A. The change does not involve a 
physical alteration of the plant that impacts the capability of the 
ASW system to perform its design function. Therefore, the proposed 
change does not create the possibility of a new or different 
accident from any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change does not alter the manner in which safety 
limits, limiting safety system settings, or limiting conditions for 
operation are determined. The safety analysis acceptance criteria 
are not impacted by this change. The proposed change will not result 
in plant operation in a configuration outside the existing design 
basis since TS 3.7.8 Condition A already allows one train of the ASW 
system to be inoperable.
    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, the three standards of 10 CFR 50.92(c) are satisfied. 
Therefore, the NRC staff proposes to determine that the license 
amendment request involves a NSHC. In accordance with 10 CFR 
50.91(a)(6), where the Commission finds that exigent circumstances 
exist, in that a licensee and the Commission must act quickly and that 
time does not permit the Commission to publish a Federal Register 
notice allowing 30 days for prior public comment, and it also 
determines that the amendment involves NSHCs, it can issue a Federal 
Register notice providing notice of an opportunity for hearing and 
allowing at least two weeks from the date of the notice for prior 
public comment. Therefore, in accordance with 10 CFR 50.91(a)(6)(i)(A), 
the NRC staff is providing a 14-day notice period for public comment.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves NSHC. Any comments received 
within 14 days after the date of publication of this notice will be 
considered in making any final determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 14-day notice period. However, if circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves NSHC. The final determination will consider all 
public and State comments received. If the Commission takes this 
action, it will publish in the Federal Register a notice of issuance. 
The Commission expects that the need to take this action will occur 
very infrequently.

III. Opportunity to Request a Hearing and Petition for Leave to 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. If a petition is filed, the Commission or 
a presiding officer will rule on the petition and, if appropriate, a 
notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of NHSC, the Commission will make a final 
determination on the issue of NSHC, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves NHSC, the Commission may issue the amendment and make 
it immediately effective, notwithstanding the request for a hearing. 
Any hearing would take place after issuance of the amendment. If the 
final determination is that the amendment request involves a 
significant hazards consideration, then any hearing held would take 
place before the issuance of the amendment unless the Commission finds 
an imminent danger to the health or safety of the public, in which case 
it will issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency

[[Page 81445]]

thereof may participate as a non-party under 10 CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053 Number=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#b3fbd6d2c1daddd49df7dcd0d8d6c7f3ddc1d09dd4dcc5"><span class="__cf_email__" data-cfemail="28604d495a41464f066c474b434d5c68465a4b064f475e">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate 
is obtained and a docket created, the participant must submit 
adjudicatory documents in Portable Document Format. Guidance on 
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is 
considered complete at the time the document is submitted through the 
NRC's E-Filing system. To be timely, an electronic filing must be 
submitted to the E-Filing system no later than 11:59 p.m. ET on the due 
date. Upon receipt of a transmission, the E-Filing system time-stamps 
the document and sends the submitter an email confirming receipt of the 
document. The E-Filing system also distributes an email that provides 
access to the document to the NRC's Office of the General Counsel and 
any others who have advised the Office of the Secretary that they wish 
to participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed to obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#aae7f9e2ee84f8cfd9c5dfd8c9cfeac4d8c984cdc5dc"><span class="__cf_email__" data-cfemail="410c1209056f1324322e34332224012f33226f262e37">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated November 14, 2023, as 
supplemented by letter dated November 16, 2023 (ADAMS Accession Nos. 
ML23319A204 and ML23320A312, respectively).
    Attorney for licensee: Jennifer Post, Esq. Pacific Gas & Electric 
Co., 77 Beale Street, Room 3065, Mail Code B30A, San Francisco, CA 
94105.
    NRC Branch Chief: Jennifer L. Dixon-Herrity.

    Dated: November 17, 2023.

    For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-25819 Filed 11-21-23; 8:45 am]
BILLING CODE 7590-01-P


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