Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices 65729 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333; NRC–2014–0034] 

Entergy Nuclear Operations, Inc., 

James A. Fitzpatrick Nuclear Power 

Plant 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Director’s Decision under 10 

CFR 2.206; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued a 

director’s decision with regard to a 

petition dated July 25, 2013, as 

supplemented on November 13, 2013, 

filed by Mr. David Lochbaum, (the 

petitioner), on behalf of Alliance for 

Green Economy, Beyond Nuclear, 

Citizens Awareness Network, and Union 

of Concerned Scientists, requesting that 

the NRC take action with regard to 

concerns with the operation of James A. 

FitzPatrick Nuclear Power Plant 

(FitzPatrick), owned by Entergy Nuclear 

Generation Company and operated by 

Entergy Nuclear Operations, Inc. 

(Entergy, the licensee). The petitioner’s 

requests and the director’s decision are 

included in the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0034 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0034. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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, 301–415–4737, or by 

email to pdr.resource@nrc.gov. For the 

convenience of the reader, the ADAMS 

accession numbers are provided in a 

table in the ‘‘Availability of Documents’’ 

section of this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Mohan Thadani, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1476, email: Mohan.Thadani@nrc.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the Director, Office of 

Nuclear Reactor Regulation, has issued 

a director’s decision (ADAMS Accession 

No. ML14247A306) on a petition filed 

by the petitioner on July 25, 2013, 

(ADAMS Accession No. ML13217A061). 

The petition was supplemented by letter 

dated November 13, 2013 (ADAMS 

Accession No. ML13347B133). The 

petitioner requested that the NRC take 

enforcement action by imposing a 

regulatory requirement that all the 

condenser tubes be replaced at 

FitzPatrick prior to the reactor restarting 

from its fall 2014 refueling outage. 

On November 13, 2013, the petitioner 

and the licensee met with the NRC’s 

Petition Review Board. The meeting 

provided the petitioner and the licensee 

an opportunity to provide additional 

information and to clarify issues cited in 

the petition. The transcript for that 

meeting is available in ADAMS under 

Accession No. ML14036A234. 

As a basis of the request, the 

petitioners asserted that FitzPatrick is 

experiencing abnormally high 

occurrences of condenser tube failures. 

To repair these leaks, Entergy Nuclear 

Operations Inc. (Entergy) routinely 

reduces power, makes the repairs 

needed, and returns to full power. The 

petitioners state that these power 

excursions constitute a risk to public 

health and safety. The NRC’s Reactor 

Oversight Process also recognizes the 

elevated risk associated with unplanned 

power changes. 

The petitioner also asserts that 

operating experience indicates that 

condenser-tube leaks have contaminated 

the reactor coolant water with 

impurities from the condenser cooling 

water and have caused extensive 

damage to nuclear power plant 

components. Appendix B, ‘‘Quality 

Assurance Criteria for Nuclear Power 

Plants and Fuel Reprocessing Plants,’’ to 

part 50 of Title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Domestic 

Licensing of Production and Utilization 

Facilities’’ (see http://www.nrc.gov/

reading-rm/doc-collections/cfr/part050/

part050-appb.html), requires that plant 

owners develop and maintain qualityassurance programs. 

The NRC observed that Entergy did 

not properly consider FitzPatrick’s 

operating history, specifically the 4 

years of outages, when projecting the 

expected condenser-tube life. 

Consequently, Entergy did not properly 

plan and design for condenser tube 

replacement before tube leakage, which 

has necessitated frequent downpowers 

for repair. Corrective actions include 

condenser-tube sleeving during the fall 

2012 refueling outage and a planned 

complete replacement of all condenser 

tubes in the fall 2014 refueling outage. 

The NRC sent a copy of the Proposed 

Director’s Decision to the petitioner and 

the licensee for comments on June 27, 

2014. The Petitioner and the licensee 

were asked to provide comments within 

30 days on any part of the proposed 

Director’s Decision that was considered 

to be erroneous or any issues in the 

petition that were not addressed. 

Comments were received from the 

Petitioner and are addressed in an 

attachment to the final Director’s 

Decision. 

The Director of the Office of Nuclear 

Reactor Regulation has determined that 

the request, to require the NRC to issue 

an Order requiring the licensee to 

replace all the condenser tubes prior to 

restart from FitzPatrick’s fall 2014 

refueling outage, be denied. The reasons 

for this decision are explained in the 

director’s decision dated October 17, 

2014, pursuant to 10 CFR 2.206 of the 

Commission’s regulations. 

The NRC will file a copy of the 

director’s decision with the Secretary of 

the Commission for the Commission’s 

review in accordance with 10 CFR 

2.206. As provided by this regulation, 

the Director’s Decision will constitute 

the final action of the Commission 25 

days after the date of the Decision 

unless the Commission, on its own 

motion, institutes a review of the 

director’s decision in that time. 

Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

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65730 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices 

Document ADAMS Accession No./web link/ 

Federal Register citation 

G20130561—David Lochbaum E-mail re Tanya Mensah, NRR, Merrilee Banic, NRR; Andrea Russell, 

NRR, David Pelton, NRR; Mary Spencer; OGC.

ML13217A061, July 25, 2013. 

2013/12/12 NRR E-mail Capture—Attached please find the transcript for PRB telecon with petitioner 

Lochbaum ‘‘10 CFR 2.206 Petition Review Board re: Fitzpatrick Nuclear Power Plant’’ dated November 

13, 2013.

ML14036A234, November 13, 2013. 

G20130561—James A. Fitzpatrick Nuclear Power Plant—Petition Pursuant to Section 2.206 of Title 10 of 

the Code of Federal Regulations. (Acknowledgement Letter and Federal Register Notice).

ML14034A028 and ML14034A071, 

February 12, 2014. 

IR 05000333–14–007; 01/20/2014—01/24/2014; James A. Fitzpatrick Nuclear Power Plant (FitzPatrick); 

Supplemental Inspection—Inspection Procedure (IP) 95001.

ML14133A051, May 12, 2014. 

G20130561—James A. Fitzpatrick Nuclear Power Plant—Petition Pursuant to Section 2.206 of Title 10 of 

the Code of Federal Regulations.

ML13217A059. 

G20130561—Letter to Licensee Re: David Lochbaum ltr dtd 07/25/13 Concerning the 2.206 Petition on 

the Recurring Condenser Tube Leaks at the James A. Fitzpatrick Nuclear Power Plant (TAC No. 

MF2521).

ML14127A323, June 27, 2014. 

G20130561—Letter to Petitioner Re: David Lochbaum Ltr dtd 07/25/13 Concerning the 2.206 Petition on 

the Recurring Condenser Tube Leaks at the James A. Fitzpatrick Nuclear Power Plant (TAC No. 

MF2521).

ML14127A335, June 27, 2014. 

G20130561—2.206 Proposed Director’s Decision Re: David Lochbaum Ltr dtd 07/25/13 Concerning the 

Recurring Condenser Tube Leaks at the James A Fitzpatrick Nuclear Power Plant (TAC No. MF2521).

ML14127A338, June 27, 2014. 

2014/07/09 NRR E-mail Capture—Comments on Draft Director’s Decision on FitzPatrick. (From Petitioner) ML14251A270, July 09, 2014. 

James A. FitzPatrick Nuclear Power Plant—Comments to Proposed Director’s Decision Under 10 CFR 

2.206. (From Licensee).

ML14204A819, July 23, 2014. 

Letter to David Lochbaum: Response to petition filed on July 25, 2013 ......................................................... ML14247A311. 

Final Director’s Decision: Petition filed on July 25, 2013 ................................................................................. ML14247A306. 

James A. FitzPatrick Final Federal Register Notice—Issuance of Director’s Decision 2.206 Petition Re: 

Condenser Tubes.

ML14303A178. 

Dated at Rockville, Maryland, this 17th day 

of October 2014. 

For the Nuclear Regulatory Commission. 

William M. Dean, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2014–26308 Filed 11–4–14; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE., Washington, DC 

20549–0213 

Extension: 

Regulation AC; SEC File No. 270–517, 

OMB Control No. 3235–0575 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the 

Securities and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

provided for in Regulation Analyst 

Certification (AC) (17 CFR 242.500–505) 

under the Securities Exchange Act of 

1934 (15 U.S.C. 78a et seq.). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget 

(‘‘OMB’’) for extension and approval. 

Regulation AC requires that research 

reports published, circulated, or 

provided by a broker or dealer or 

covered person contain a statement 

attesting that the views expressed in 

each research report accurately reflect 

the analyst’s personal views and 

whether or not the research analyst 

received or will receive any 

compensation in connection with the 

views or recommendations expressed in 

the research report. Regulation AC also 

requires broker-dealers to, on a quarterly 

basis, make, keep, and maintain records 

of research analyst statements regarding 

whether the views expressed in public 

appearances accurately reflected the 

analyst’s personal views, and whether 

any part of the analyst’s compensation 

is related to the specific 

recommendations or views expressed in 

the public appearance. Regulation AC 

also requires that research prepared by 

foreign persons be presented to U.S. 

persons pursuant to Securities Exchange 

Act Rule 15a–6 and that broker-dealers 

notify associated persons if they would 

be covered by the regulation. Regulation 

AC excludes the news media from its 

coverage. 

The Commission estimates that 

Regulation AC imposes an aggregate 

annual time burden of approximately 

25,395 hours on 5,186 respondents, or 

approximately 5 hours per respondent. 

The Commission estimates that the total 

annual internal cost of compliance 

attributable to the 25,395 hours is 

approximately $11,616,150.00, or 

approximately $2,239.90 per 

respondent, annually. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: Thomas Bayer, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington, 

DC 20549, or send an email to: PRA_

Mailbox@sec.gov. 

Dated: October 31, 2014. 

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–26350 Filed 11–4–14; 8:45 am] 

BILLING CODE 8011–01–P 

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