[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38752-38755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16541]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-390; NRC-2015-0162]
Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Tennessee Valley Authority (TVA), for amendment of
Facility Operating License No. NPF-90, issued for the operation of
Watts Bar Nuclear Plant, Unit 1, located in Rhea County, Tennessee. The
proposed amendment would allow a change to the Technical Specifications
(TSs) to revise the number of tritium producing burnable absorber rods
(TPBARs) in the core.
DATES: A request for a hearing or petition for leave to intervene must
be filed by September 8, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0162 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-2015-0162. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 publicly available 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
[[Page 38753]]
email to [email protected]. The ADAMS accession number for each
document referenced (if that document is available in ADAMS) is
provided the first time that a document is referenced.
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: Jeanne Dion, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-
001, telephone 301-415-1349, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an amendment to Facility
Operating License No. NPF-90, issued to the TVA, for operation of the
WBN, Unit 1, located in Rhea County, Tennessee.
The NRC has received an application from the TVA for amendment of
Facility Operating License No. NFP-90, which authorizes the operation
of WBN, Unit 1. The amendment would allow a change to the WBN, Unit 1
Technical Specification (TS) 4.2.1, ``Fuel Assemblies,'' to revise the
maximum number of tritium producing burnable absorber rods (TPBARs) in
the core. The proposed amendment would also revise TS 3.5.1,
``Accumulators,'' Surveillance Requirement (SR) 3.5.1.4 and TS 3.5.4,
``Refueling Water Storage Tank (RWST),'' SR 3.5.4.3 to delete outdated
information related to the tritium production program. These proposed
changes will support a planned increase in the TPBAR inventory in the
WBN, Unit 1 reactor core to support national security needs.
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 amendment will not be issued prior to a hearing unless the
staff makes a determination that the amendment involves no significant
hazards considerations. If a request for a hearing is received, the
Commission's staff may issue the amendment after it completes its
technical review and prior to the completion of any required hearing if
it publishes a further notice for public comment of its proposed
finding of no significant hazards consideration in accordance with 10
CFR 50.91 and 10 CFR 50.92.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this Federal
Register notice, any persons whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for a hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests for a hearing and petitions for leave to intervene shall be
filed in accordance with the NRC's ``Agency Rules of Practice and
Procedure,'' in 10 CFR part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
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 hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for 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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
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, then any hearing
held would take place before the issuance of any 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.
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III. Electronic Submissions (E-Filing)
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's E-Filing rule (72 FR 49139;
August 28, 2007). 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 an exemption in
accordance with the procedures described below.
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 [email protected], or by
telephone at 301-415-1677, to request (1) a digital identification (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 (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (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 hearing in this 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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are 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. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice 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
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 using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a 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
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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the 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, unless an NRC
regulation or other law requires submission of such information.
However, in some instances, a request to intervene will require
including information on local residence in order to demonstrate a
proximity assertion of interest in the proceeding. 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 submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day deadline will not
be entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the following three
factors in 10 CFR 2.309(c)(1)(i)-(iii).
For further details with respect to this action, see the
application for license
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amendment dated March 31, 2015, as supplemented on May 27 and June 15,
2015 (available in ADAMS under Accession Nos. ML15098A446, ML15147A611,
and ML15167A359, respectively).
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie Quichocho.
Dated at Rockville, Maryland, this 26th day of June 2015.
For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Watts Bar Special Projects Branch, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-16541 Filed 7-6-15; 8:45 am]
BILLING CODE 7590-01-P