[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71037-71039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22510]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341; NRC-2023-0177]
DTE Electric Company; Fermi, Unit 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
is considering issuance of an amendment to Renewed Facility Operating
License No. NPF-43, issued to DTE Electric Company, for operation of
Fermi, Unit 2 (Fermi 2). The proposed amendment requests an amendment
to the Fermi 2 Technical Specifications (TS) 3.8.1, to allow for a one-
time extension of the Required Action B.4 Completion Time to allow
repair of Division 1 Mechanical Draft Cooling Tower A and C fan
pedestals while online. In addition, the proposed amendment requests an
editorial correction to the one-time footnote added to TS 3.7.2 in the
previously approved amendment 225. The proposed amendment is being
requested under exigent circumstances pursuant to NRC regulations.
DATES: Submit comments by October 27, 2023. Request for a hearing or
petitions for leave to intervene must be filed by December 12, 2023.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website.
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0177. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
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: Surinder S. Arora, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
1421, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0177 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:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0177.
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 [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
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
[email protected] 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-2023-0177 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 an amendment to Renewed Facility
Operating License No. NPF-43, issued to DTE Electric Company, for
operation of Fermi, Unit 2, located in Monroe County, Michigan.
The proposed amendment (ADAMS Accession No. ML23271A188) requests
an amendment to the Fermi, Unit 2, Technical Specifications (TS) 3.8.1,
to allow for a one-time extension of the Required Action B.4 Completion
Time to allow repair of Division 1 Mechanical Draft Cooling Tower A and
C fan pedestals while online. In addition, the proposed amendment
requests an editorial correction to the one-time footnote in TS 3.7.2,
which was added in the previously approved amendment 225 (ADAMS
Accession No. ML23243A885). The proposed amendment is being requested
under exigent circumstances pursuant to paragraph 50.91(a)(6) of title
10 of the Code of Federal Regulations (10 CFR).
On July 18, 2023, the Division II Residual Heat Removal Service
Water Mechanical Draft Cooling Tower (MDCT) fan D tripped due to high
vibrations caused by a degraded, non-conforming gearbox pedestal.
Corrective actions were required to correct the conditions and restore
the equipment to an operable status, using extra time allowed by the
Notice of Enforcement Discretion approved by the NRC on July 20, 2023.
During that time the ultimate heat sink was declared inoperable. During
the `extent of condition' review by DTE, it was discovered that the
MDCT A and C fan pedestals were also
[[Page 71038]]
degraded and non-conforming but remained operable and also in need of
similar repair. DTE submitted this amendment request to repair the
Division I MDCT A and C fan pedestals. Additionally, the request
provides justification for obtaining an extension of the Completion
Time to repair the Division I MDCT fan pedestals online instead of
waiting until the next refueling outage.
Before any 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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC has made a proposed determination that
the license amendment request involves no significant hazards
consideration. Under the NRC's regulations in 10 CFR 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 as follows:
1. Does the proposed change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
DTE will use the compensatory measures and Fermi 2 Configuration
Risk Management program requirements outlined [in] Section 3.3 [in
ML23271A188] and in previously approved amendment 225 (Reference 6.6)
[in ML23271A188] during the duration of the proposed extension of the
Completion Time for the MDCT fan pedestal repair. Note: A risk-informed
justification for this change had been previously evaluated and
approved under Reference 6.6 [in ML23271A188].
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident previously
evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes do not involve a change in design,
configuration, or method of operation of the plant. The proposed
changes will not alter the manner in which equipment is initiated, nor
will the functional demands on credited equipment be changed. The
proposed changes do not impact the interaction of any systems whose
failure or malfunction can initiate an accident. There are no
identified redundant components affected by these changes and thus,
there are no new common cause failures or any existing common cause
failures that are affected by extending the Completion Time. The
proposed changes do not create any new failure modes.
Therefore, the proposed changes do not create the possibility of a
new or different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes do not alter the plant design, nor do they
affect the assumptions contained in the safety analyses. Specifically,
there are no changes being made to the MDCT fan design. The proposed
changes have been evaluated and margins of safety ascribed to Emergency
Equipment Cooling Water (EECW) availability and to plant risk have been
determined to be not significantly reduced. The risk impact of the
proposed changes is acceptable to the compensatory measures and other
requirements, as outlined [in] Section 3.3 [in ML23271A188] and [in]
previously approved amendment in Reference 6.6 [in ML23271A188]. As
analyzed in the UFSAR [Updated Final Safety Analysis Report], the loss
of the Division I MDCT fans would not cause a significant reduction in
safety because the MDCT system is redundant and can perform its
function with one division unavailable.
The evaluation provided above shows that the proposed changes will
not significantly increase the probability or the consequences of any
accident previously evaluated, create the possibility of a new or
different kind of accident from any accident previously evaluated, or
involve a significant reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and based on
this review, the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the license
amendment request involves a 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 14 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 the 14-day notice period. However, if circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received. If
the Commission takes this action, it will publish in the Federal
Register a notice of 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
[[Page 71039]]
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 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 and the NRC's public website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (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 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 [email protected], 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 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 [email protected], 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 dockets 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 28, 2023 (ADAMS
Accession No. ML23271A188). Attorney for licensee: Jon P. Christinidis,
DTE Electric Company, Expert Attorney--Regulatory, 1635 WCB, One Energy
Plaza, Detroit, MI 48226. NRC Branch Chief: Jeff Whited.
Dated: October 5, 2023.
For the Nuclear Regulatory Commission.
Surinder S. Arora,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-22510 Filed 10-12-23; 8:45 am]
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