51014 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

Ron Naveen, 

Permit No. 2009–015 

Nadene G. Kennedy, 

Permit Officer. 

[FR Doc. E8–20096 Filed 8–28–08; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–390] 

Tennessee Valley Authority; 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 (NRC, or the Commission) 

is considering issuance of an 

amendment to Facility Operating 

License No. NPF–90 issued to 

Tennessee Valley Authority (the 

licensee) for operation of the Watts Bar 

Nuclear Plant Unit 1 located in Rhea 

County, Tennessee. 

The proposed amendment would 

revise the Technical Specification (TS) 

requirements related to control room 

envelope (CRE) habitability in 

accordance with the NRC-approved 

Revision 3 of Technical Specification 

Task Force (TSTF) Standard Technical 

Specifications (STS) Change Traveler 

TSTF–448, ‘‘Control Room 

Habitability.’’

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. 

The NRC staff published a notice of 

opportunity for comment in the Federal 

Register on October 17, 2006 (71 FR 

61075), on possible license amendments 

adopting TSTF–448 using the NRC’s 

consolidated line-item improvement 

process (CLIIP) for amending licensees’

TSs, which included a model safety 

evaluation (SE) and model no 

significant hazards consideration 

(NSHC) determination. The NRC staff 

subsequently issued a notice of 

availability of the models for referencing 

in license amendment applications in 

the Federal Register on January 17, 

2007 (72 FR 2022), which included the 

resolution of public comments on the 

model SE and model NSHC 

determination. The licensee affirmed 

the applicability of the following NSHC 

determination in its application dated 

October 26, 2007. 

As required by 10 CFR 50.91(a), an 

analysis of the issue of no significant 

hazards consideration is presented 

below: 

Criterion 1—The Proposed Change Does Not 

Involve a Significant Increase in the 

Probability or Consequences of an Accident 

Previously Evaluated 

The proposed change does not adversely 

affect accident initiators or precursors nor 

alter the design assumptions, conditions, or 

configuration of the facility. The proposed 

change does not alter or prevent the ability 

of structures, systems, and components 

(SSCs) to perform their intended function to 

mitigate the consequences of an initiating 

event within the assumed acceptance limits. 

The proposed change revises the TS for the 

CRE emergency ventilation system, which is 

a mitigation system designed to minimize 

unfiltered air leakage into the CRE and to 

filter the CRE atmosphere to protect the CRE 

occupants in the event of accidents 

previously analyzed. An important part of 

the CRE emergency ventilation system is the 

CRE boundary. The CRE emergency 

ventilation system is not an initiator or 

precursor to any accident previously 

evaluated. Therefore, the probability of any 

accident previously evaluated is not 

increased. Performing tests to verify the 

operability of the CRE boundary and 

implementing a program to assess and 

maintain CRE habitability ensure that the 

CRE emergency ventilation system is capable 

of adequately mitigating radiological 

consequences to CRE occupants during 

accident conditions, and that the CRE 

emergency ventilation system will perform as 

assumed in the consequence analyses of 

design basis accidents. Thus, the 

consequences of any accident previously 

evaluated are not increased. Therefore, the 

proposed change does not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated. 

Criterion 2—The Proposed Change Does Not 

Create the Possibility of a New or Different 

Kind of Accident From Any Accident 

Previously Evaluated 

The proposed change does not impact the 

accident analysis. The proposed change does 

not alter the required mitigation capability of 

the CRE emergency ventilation system, or its 

functioning during accident conditions as 

assumed in the licensing basis analyses of 

design basis accident radiological 

consequences to CRE occupants. No new or 

different accidents result from performing the 

new surveillance or following the new 

program. The proposed change does not 

involve a physical alteration of the plant (i.e., 

no new or different type of equipment will 

be installed) or a significant change in the 

methods governing normal plant operation. 

The proposed change does not alter any 

safety analysis assumptions and is consistent 

with current plant operating practice. 

Therefore, this change does not create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated. 

Criterion 3—The Proposed Change Does Not 

Involve a Significant Reduction in the Margin 

of Safety 

The proposed change does not alter the 

manner in which safety limits, limiting safety 

system settings or limiting conditions for 

operation as determined. The proposed 

change does not affect safety analysis 

acceptance criteria. The proposed change 

will not result in plant operation in a 

configuration outside the design basis for an 

unacceptable period of time without 

compensatory measures. The proposed 

change does not adversely affect systems that 

respond to safely shut down the plant and to 

maintain the plant in a safe shutdown 

condition. Therefore, the proposed change 

does not involve a significant reduction in a 

margin of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

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 

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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51015 

will publish in the Federal Register a 

notice of issuance. Should the 

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, 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. Written comments may 

also be delivered to Room 6D59, Two 

White Flint North, 11545 Rockville 

Pike, Rockville, Maryland, from 7:30 

a.m. to 4:15 p.m. Federal workdays. 

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 

O1F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. 

The filing of requests for hearing and 

petitions for leave to intervene is 

discussed below. 

Within 60 days after the date of 

publication of this notice, the person(s) 

may file a request for a hearing with 

respect to issuance of the amendment to 

the subject facility operating license and 

any person(s) whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written request 

via electronic submission through the 

NRC E-filing system for a hearing and a 

petition for leave to intervene. 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. 

A request for hearing or a petition for 

leave to intervene 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 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 

hearing.docket@nrc.gov, 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 NRCissued 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/sitehelp/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/applycertificates.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/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

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51016 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

1Attachment A contains sensitive information 

and will not be released to the public. 

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 

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/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. 

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 firstclass 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, the presiding officer, or 

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). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

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 dated 

October 26, 2007, which is 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 pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 25th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Patrick D. Milano, 

Senior Project Manager, Watts Bar Special 

Projects Branch, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–20118 Filed 8–28–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–08–225] 

In the Matter of Certain Licensees 

Authorized To Possess and Transfer 

Items Containing Radioactive Material 

Quantities of Concern; Order Imposing 

Additional Security Measures 

(Effective Immediately) 

I 

The Licensees identified in 

Attachment A 1 to this Order, hold 

licenses issued by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) or an Agreement State, in 

accordance with the Atomic Energy Act 

of 1954, as amended, and 10 CFR Parts 

30, 32, 70 and 71, or equivalent 

Agreement State regulations. The 

licenses authorize them to possess and 

transfer items containing radioactive 

material quantities of concern. This 

Order is being issued to all such 

Licensees who may transport 

radioactive material quantities of 

concern under the NRC’s authority to 

protect the common defense and 

security, which has not been 

relinquished to the Agreement States. 

The Orders require compliance with 

specific additional security measures to 

enhance the security for transport of 

certain radioactive material quantities of 

concern. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, 

utilizing large commercial aircraft as 

weapons. In response to the attacks and 

intelligence information subsequently 

obtained, the Commission issued a 

number of Safeguards and Threat 

Advisories to Licensees in order to 

strengthen Licensees’ capabilities and 

readiness to respond to a potential 

attack on this regulated activity. The 

Commission has also communicated 

with other Federal, State and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of the current 

security measures. In addition, the 

Commission commenced a 

comprehensive review of its safeguards 

and security programs and 

requirements. 

As a result of its initial consideration 

of current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

mstockstill on PROD1PC66 with NOTICES