[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80607-80610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22828]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333; NRC-2024-0177]


Constellation Energy Generation, LLC; James A. FitzPatrick 
Nuclear Power Plant; License Amendment Request

AGENCY: Nuclear Regulatory Commission.

ACTION: Opportunity to comment, request a hearing, and petition for 
leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of amendment to Renewed Facility Operating License No. DPR-59, 
issued to Constellation Energy Generation, LLC (Constellation, the 
licensee), for operation of the James A. FitzPatrick Nuclear Power 
Plant. The amendment would temporarily revise the technical 
specifications (TS) for plant startup with the rod worth minimizer 
(RWM) system inoperable. This allowance would expire December 31, 2024.

DATES: Submit comments by November 4, 2024. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date. Requests for a hearing or petition for leave to intervene 
must be filed by December 2, 2024.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website.
    <bullet> Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0177. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#12416673716b3c41717a677f737c7c527c60713c757d64"><span class="__cf_email__" data-cfemail="6f3c1b0e0c16413c0c071a020e01012f011d0c41080019">[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: Audrey Klett, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-

[[Page 80608]]

0001, telephone: 301-415-0489; email: <a href="/cdn-cgi/l/email-protection#307145544255491e7b5c554444705e42531e575f46"><span class="__cf_email__" data-cfemail="2a6b5f4e584f530461464f5e5e6a445849044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0177 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-2024-0177.
    <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#cf9f8b9de19daabca0babdacaa8fa1bdace1a8a0b9"><span class="__cf_email__" data-cfemail="0b5b4f5925596e78647e79686e4b657968256c647d">[email protected]</span></a>. The license amendment request is 
available in ADAMS under Accession No. ML24269A132.
    <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#09594d5b275b6c7a667c7b6a6c49677b6a276e667f"><span class="__cf_email__" data-cfemail="cc9c889ee29ea9bfa3b9beafa98ca2beafe2aba3ba">[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-2024-0177 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 amendment to Renewed Facility 
Operating License No. DPR-59 (Docket No. 50-333) issued to 
Constellation Energy Generation, LLC for operation of the James A. 
FitzPatrick Nuclear Power Plant, located in Scriba, New York.
    The proposed amendment would temporarily revise TS 3.3.2.1, 
``Control Rod Block Instrumentation.'' The proposed amendment would add 
a footnote to TS 3.3.2.1, Condition C that permits reactor startup with 
the RWM system inoperable. This allowance would expire on December 31, 
2024. This temporary allowance would provide time for the licensee to 
perform RWM software enhancements and adequately resolve an RWM 
software issue.
    Before issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in section 50.92 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Issuance of amendment,'' this means 
that operation of the facility in accordance with the proposed 
amendment would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented as follows:
1. Does the proposed amendment involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed RWM bypass allowance does not involve the modification 
of any plant equipment or affect basic plant operation. The proposed 
allowances provide additional time to correct problems associated with 
the RWM. In the event the RWM is inoperable during reactor startup, the 
technical specification ensures that a licensed operator or other 
qualified member of the technical staff enforce compliance with the 
control rod position sequence developed using the banked position 
withdrawal sequence (BPWS). Applicable compensatory measures will be 
implemented in the event the RWM is inoperable.
    The proposed change does not involve a change to the safety 
function of the RWM. The proposed change involves no significant 
changes to the operations of any systems or component in normal or 
accident operating conditions.
    Therefore, the proposed amendment 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.
    The proposed RWM bypass allowance is not a precursor to any 
accident previously evaluated. The proposed change provides additional 
time to rectify RWM equipment issues to ensure that the system 
implements the control rod pattern developed using BPWS methodology. 
The proposed change is not required to mitigate the accident 
conditions. The proposed change does not change the safety function. 
There is no alteration to the parameters within which the plant is 
normally operated. The RWM bypass allowance for additional startups is 
not a precursor to a new or different kind of accident and does not 
initiate new or different kinds of accidents. As a result, no new 
failure modes are being introduced.
    Therefore, the proposed amendment will not create the possibility 
of a new or different accident from any accident previously evaluated.
3. Does the proposed amendment involve a significant reduction in a 
margin of safety?
    Response: No.
    The margin of safety is established through the design of the plant 
structures, systems, and components, and administrative controls within 
which the plant is operated. The margin of safety to the consequences 
of a control rod drop accident is maintained through the use of 
additional administrative controls described within the current 
technical specification. The establishment for the control rod 
insertion and withdrawal during the startups is manually controlled 
with independent verification by a second licensed reactor

[[Page 80609]]

operator or other qualified member of the technical staff to ensure 
compliance with BPWS, if RWM becomes inoperable for any reason. 
Therefore, the proposed change does not impact the design basis 
accidents. The proposed change does not change the requirements 
governing operation or availability of safety equipment assumed to 
operate to preserve the margin of safety.
    Therefore, the licensee stated that the proposed amendment does not 
involve a significant reduction in a margin of safety.
    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. If the Commission takes action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
If the Commission makes a final no significant hazards consideration 
determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

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

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, 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 designated agency thereof may participate as a non-
party under 10 CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions and 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#92daf7f3e0fbfcf5bcd6fdf1f9f7e6d2fce0f1bcf5fde4"><span class="__cf_email__" data-cfemail="18507d796a71767f365c777b737d6c58766a7b367f776e">[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

[[Page 80610]]

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#4b0618030f65192e38243e39282e0b253928652c243d"><span class="__cf_email__" data-cfemail="f9b4aab1bdd7ab9c8a968c8b9a9cb9978b9ad79e968f">[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 docket 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 September 25, 2024 (ADAMS 
Accession No. ML24269A132).
    Attorney for licensee: Jason Zorn, Associate General Counsel, 
Constellation Energy Generation, LLC, 101 Constitution Ave. NW, Suite 
400 East, Washington, DC 20001.
    NRC Branch Chief: Hipolito Gonzalez.

    Dated: September 30, 2024.

    For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-22828 Filed 10-2-24; 8:45 am]
BILLING CODE 7590-01-P


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