[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9009-9011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4228]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-369 and 50-370; NRC-2009-0081]


Duke Energy Carolinas, LLC; Notice of Consideration of Issuance 
of Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-9 and NPF-17 issued to Duke Energy Carolinas, LLC (the licensee), 
for operation of the McGuire Nuclear Station, Units 1 and 2, located in 
Mecklenburg County, North Carolina.
    The proposed amendments revise the McGuire Nuclear Station, Units 1 
and 2, licensing basis by adopting the alternative source term (AST) 
radiological analysis methodology as allowed by Title 10 of the Code of 
Federal Regulations, Part 50, Section 50.67, ``Accident Source Term, 
for the Loss of Coolant Accident.'' This amendment request represents 
full scope implementation of the AST as described in NRC Regulatory 
Guide 1.183, ``Alternative Radiological Source Terms for Evaluating 
Design Basis Accidents at Nuclear Power Reactors, Revision 0.''
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; 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 below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    No. AST is an updated methodology used to evaluate the dose 
consequences of the Loss of Coolant Accident (LOCA). This type of 
change is analytical, thus, does not increase the probability of an 
accident previously evaluated. It has been demonstrated that the 
dose consequences of the re-analyzed accident remain within the dose 
limits of 10 CFR 50.67 and Regulatory Guide 1.183.
    This proposed change assumes an increase in the amount of 
unfiltered air in-leakage into the control room. The current 
Technical Information Document (TID) based McGuire dose consequence 
analysis for the LOCA assumed control room unfiltered in-leakage of 
10 scfm. Tracer gas testing performed at McGuire revealed that 
unfiltered in-leakage into the control room exceeded this amount by 
as much as 167 scfm as discussed in McGuire's response to NRC GL 
2003-01 dated February 19, 2004. Use of the AST methodology can 
accommodate a larger control room pressurization unfiltered in-
leakage rate without exceeding any regulatory dose limits.
    A comparison of the AST analysis results and the TID values 
(UFSAR Table 15-12) shows that the EAB and LPZ (off-site) doses 
decrease while the control room dose increases. The new AST based 
analysis not only implements changes which affect both off-site and 
control room doses, such as the change in source term methodology, 
it also includes changes to the LOCA model which only impact the 
control room dose, and are responsible for the increased result. 
These new attributes include a control room in-leakage model that 
reflects the control room tracer gas testing results and a 
recomputed control room shine component of the post LOCA control 
room dose. The dose consequences of the revised analysis, however, 
are below the 10 CFR 50.67 acceptance criteria for both off-site and 
control room doses and are not considered a significant increase.
    AST radiological methodology does not adversely affect accident 
initiators or precursors. Nor will it alter or prevent the ability 
of structures, systems, and components from performing their 
intended function to mitigate the consequences of an accident.
    Therefore, this LAR will not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    2. Does the LAR create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    No. AST is an updated methodology that was used to re-evaluate 
the dose consequences of the McGuire UFSAR previously analyzed 
accidents. This new analysis does not cause any change in the post 
accident operation of any plant system, structure, or component.
    This LAR does not involve an addition or modification to any 
plant system, structure, or component. This change does not affect 
the post accident operation of any plant system, structure, or 
component as directed in plant procedures. New or modified equipment 
or personnel failure modes that might initiate a new or different 
type accident are not created as a result of the proposed change.
    Therefore, no new or different accident is created by changing 
to the AST methodology prescribed in Regulatory Guide 1.183.
    3. Does this LAR involve a significant reduction in a margin of 
safety?
    No. Margin of safety is related to the confidence in the ability 
of the fission product barriers to perform their design functions 
during and following accident conditions. These barriers include the 
fuel cladding, the reactor coolant system, and the containment 
system. The proposed re-analysis of the LOCA dose consequences using 
AST will have no affect on the performance of these barriers. This 
LAR does not involve an addition or modification to any plant 
system, structure, or component. This change will not affect the 
post accident operation of any plant system, structure, or component 
as directed in plant procedures.
    Therefore, the proposed LAR will not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received 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 period provided that its final determination is that 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 should 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. Should the 
Commission take 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. Should the

[[Page 9010]]

Commission make 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.
    Written comments may be submitted by mail to the Chief, Rulemaking, 
Directives and Editing Branch, TWB-05-B01M, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and should cite the publication date and 
page number of this Federal Register notice. Documents may be examined, 
and/or copied for a fee, at the NRC's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    Within 60 days after the date of publication of this notice, any 
person's) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license. 
Requests for a hearing and a petition for leave to intervene shall be 
filed in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings'' in 10 CFR part 2. Interested person's) 
should consult a current copy of 10 CFR 2.309, which is available at 
the Commission's PDR, located at One White Flint North, Public File 
Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, the Commission or a 
presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the request and/or petition; and the Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner/requestor must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner to relief. A petitioner/requestor 
who fails to satisfy these requirements with respect to at least one 
contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    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, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). 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 a waiver in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#3b535e5a4952555c155f5458505e4f7b554958155c544d"><span class="__cf_email__" data-cfemail="563e3337243f3831783239353d33221638243578313920">[email protected]</span></a>, or by calling (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/or (2) 
creation of an electronic docket for the proceeding (even in instances 
in which the petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer\TM\ to 
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ is free and is available 
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. 
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.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it can then submit 
a request for hearing or petition for leave to intervene. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its documents through EIE. To be timely, an 
electronic filing must be submitted to the EIE system no later than 
11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing

[[Page 9011]]

system time-stamps the document and sends the submitter an e-mail 
notice confirming receipt of the document. The EIE system also 
distributes an e-mail 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 may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing 
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday. The electronic filing Help Desk can be contacted 
by telephone at 1-866-672-7640 or by e-mail at <a href="/cdn-cgi/l/email-protection#f1bca2b9b5dfa394829e84839294b19f8392df969e87"><span class="__cf_email__" data-cfemail="7439273c305a2611071b01061711341a06175a131b02">[email protected]</span></a>.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file a motion, 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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition and/
or request should be granted and/or the contentions should be admitted, 
based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a 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. 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 submissions.
    For further details with respect to this license amendment 
application, see the application for amendment and supplements dated 
March 20, 2008, May 28, 2008, October 6, 2008, December 17, 2008 and 
February 12, 2009, which are available for public inspection at the 
Commission's PDR, located at One White Flint North, File Public Area O1 
F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly 
available records will be accessible electronically from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS, should 
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 
301-415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#4f3f2b3d613d2a3c203a3d2c2a0f213d2c61282039"><span class="__cf_email__" data-cfemail="c0b0a4b2eeb2a5b3afb5b2a3a580aeb2a3eea7afb6">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 23rd day of February 2009.

    For The Nuclear Regulatory Commission.
John Stang,
Senior Project Manager, Plant Licensing Branch II-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-4228 Filed 2-26-09; 8:45 am]
BILLING CODE 7590-01-P


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