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43528 Federal Register / Vol. 71, No.

147 / Tuesday, August 1, 2006 / Notices

For the Nuclear Regulatory Commission. the Publicly Available Records need a reasonable accommodation to
Dated this 11th day of July 2006 at component of the NRC’s Agencywide participate in these public meetings, or
Rockville, Maryland. Documents Access and Management need this meeting notice or the
Margaret M. Doane, System (ADAMS). ADAMS is accessible transcript or other information from the
Deputy Director, Office of International from the NRC Web site at (the Public public meetings in another format (e.g.
Programs. Electronic Reading Room) http:// braille, large print), please notify the
[FR Doc. E6–12369 Filed 7–31–06; 8:45 am] www.nrc.gov/reading-rm/adams.html. NRC’s Disability Program Coordinator,
BILLING CODE 7590–01–P Dated at Rockville, Maryland, this 25th day Deborah Chan, at 301–415–7041, TDD:
of July 2006. 301–415–2100, or by e-mail at
For the Nuclear Regulatory Commission. DLC@nrc.gov. Determinations on
NUCLEAR REGULATORY
Brian E. Thomas, requests for reasonable accommodation
COMMISSION
Branch Chief, Research and Test Reactors will be made on a case-by-case basis.
[Docket No. 50–151] Branch, Division of Policy and Rulemaking, This notice is distributed by mail to
Office of Nuclear Reactor Regulation.
Notice and Solicitation of Comments several hundred subscribers; if you no
[FR Doc. E6–12371 Filed 7–31–06; 8:45 am]
Concerning Proposed Action To longer wish to receive it or would like
BILLING CODE 7590–01–P
Decommission University of Illinois at to be added to the distribution, please
Urbana-Champaign Nuclear Reactor contact the Office of the Secretary,
Laboratory NUCLEAR REGULATORY Washington, DC 20555 (301–415–1969).
COMMISSION In addition, distribution of this meeting
Notice is hereby given that the U.S.
notice over the Internet system is
Nuclear Regulatory Commission (the
Sunshine Act Federal Register Notice available. If you are interested in
Commission) has received an
application from the University of receiving this Commission meeting
AGENCY HOLDING THE MEETINGS: Nuclear schedule electronically, please send an
Illinois at Urbana-Champaign dated Regulatory Commission.
March 28, 2006, for a license electronic message to dkw@nrc.gov.
DATE: Weeks of July 31, August 7, 14,
amendment approving its proposed Dated: July 27, 2006.
21, 28, September 4, 2006.
decommissioning plan for the Nuclear Sandy Joosten,
PLACE: Commissioners’ Conference
Reactor Laboratory (Facility License No. Office of the Secretary.
R–115) located in Urbana, Illinois. Room, 11555 Rockville Pike, Rockville,
In accordance with 10 CFR 20.1405, Maryland. [FR Doc. 06–6628 Filed 7–28–06; 9:47 am]
the Commission is providing notice and STATUS: Public and closed. BILLING CODE 7590–01–M

soliciting comments from local and MATTERS TO BE CONSIDERED:


State governments in the vicinity of the Week of July 31, 2006
site and any Indian Nation or other NUCLEAR REGULATORY
indigenous people that have treaty or There are no meetings scheduled for COMMISSION
statutory rights that could be affected by the Week of July 31, 2006.
the decommissioning. This notice and Biweekly Notice; Applications and
Week of August 7, 2006—Tentative Amendments to Facility Operating
solicitation of comments is published
pursuant to 10 CFR 20.1405, which There are no meetings scheduled for Licenses Involving No Significant
provides for publication in the Federal the Week of August 7, 2006. Hazards Considerations
Register and in a forum, such as local Week of August 14, 2006—Tentative I. Background
newspapers, letters to State or local There are no meetings scheduled for
organizations, or other appropriate the Week of August 14, 2006. Pursuant to section 189a.(2) of the
forum, that is readily accessible to Atomic Energy Act of 1954, as amended
individuals in the vicinity of the site. Week of August 21, 2006—Tentative (the Act), the U.S. Nuclear Regulatory
Comments should be provided within There are no meetings scheduled for Commission (the Commission or NRC
60 days of the date of this notice to the Week of August 21, 2006. staff) is publishing this regular biweekly
Alexander Adams, Jr., Senior Project notice. The Act requires the
Manager, U.S. Nuclear Regulatory Week of August 28, 2006—Tentative
Commission publish notice of any
Commission, Research and Test There are no meetings scheduled for amendments issued, or proposed to be
Reactors Branch, MS O–12–G–15, the Week of August 28, 2006. issued and grants the Commission the
Washington, DC 20555.
Further, in accordance with 10 CFR Week of September 4, 2006—Tentative authority to issue and make
50.82(b)(5), notice is also provided to There are no meetings scheduled for immediately effective any amendment
interested persons of the Commission’s the Week of September 4, 2006. to an operating license upon a
intent to approve the plan by The schedule for Commission determination by the Commission that
amendment, subject to such conditions meetings is subject to change on short such amendment involves no significant
and limitations as it deems appropriate notice. To verify the status of meetings, hazards consideration, notwithstanding
and necessary, if the plan demonstrates call (recording)—(301) 415–1292. the pendency before the Commission of
that decommissioning will be performed Contact person for more information: a request for a hearing from any person.
in accordance with the regulations and Michelle Schroll, (301) 415–1662. This biweekly notice includes all
will not be inimical to the common The NRC Commission Meeting notices of amendments issued, or
defense and security or to the health Schedule can be found on the Internet
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proposed to be issued from July 7, 2006


and safety of the public. at: http://www.nrc.gov/what-we-do/ to July 19, 2006. The last biweekly
A copy of the application (Accession policy-making/schedule.html. notice was published on July 18, 2006
Number ML060900623) is available The NRC provides reasonable
(71 FR 40742).
electronically for public inspection in accommodation to individuals with
the NRC Public Document Room or from disabilities where appropriate. If you

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43529

Notice of Consideration of Issuance of Written comments may be submitted with particular reference to the
Amendments to Facility Operating by mail to the Chief, Rules and following general requirements: (1) The
Licenses, Proposed No Significant Directives Branch, Division of name, address, and telephone number of
Hazards Consideration Determination, Administrative Services, Office of the requestor or petitioner; (2) the
and Opportunity for a Hearing Administration, U.S. Nuclear Regulatory nature of the requestor’s/petitioner’s
The Commission has made a Commission, Washington, DC 20555– right under the Act to be made a party
proposed determination that the 0001, and should cite the publication to the proceeding; (3) the nature and
following amendment requests involve date and page number of this Federal extent of the requestor’s/petitioner’s
no significant hazards consideration. Register notice. Written comments may property, financial, or other interest in
Under the Commission’s regulations in also be delivered to Room 6D22, Two the proceeding; and (4) the possible
10 CFR 50.92, this means that operation White Flint North, 11545 Rockville effect of any decision or order which
of the facility in accordance with the Pike, Rockville, Maryland, from 7:30 may be entered in the proceeding on the
a.m. to 4:15 p.m. Federal workdays. requestor’s/petitioner’s interest. The
proposed amendment would not (1)
Copies of written comments received petition must also set forth the specific
involve a significant increase in the
may be examined at the Commission’s contentions which the petitioner/
probability or consequences of an
Public Document Room (PDR), located requestor seeks to have litigated at the
accident previously evaluated; or (2)
at One White Flint North, Public File proceeding.
create the possibility of a new or Each contention must consist of a
Area O1F21, 11555 Rockville Pike (first
different kind of accident from any specific statement of the issue of law or
floor), Rockville, Maryland. The filing of
accident previously evaluated; or (3) fact to be raised or controverted. In
requests for a hearing and petitions for
involve a significant reduction in a addition, the petitioner/requestor shall
leave to intervene is discussed below.
margin of safety. The basis for this Within 60 days after the date of provide a brief explanation of the bases
proposed determination for each publication of this notice, the licensee for the contention and a concise
amendment request is shown below. may file a request for a hearing with statement of the alleged facts or expert
The Commission is seeking public respect to issuance of the amendment to opinion which support the contention
comments on this proposed the subject facility operating license and and on which the petitioner/requestor
determination. Any comments received any person whose interest may be intends to rely in proving the contention
within 30 days after the date of affected by this proceeding and who at the hearing. The petitioner/requestor
publication of this notice will be wishes to participate as a party in the must also provide references to those
considered in making any final proceeding must file a written request specific sources and documents of
determination. Within 60 days after the for a hearing and a petition for leave to which the petitioner is aware and on
date of publication of this notice, the intervene. Requests for a hearing and a which the petitioner/requestor intends
licensee may file a request for a hearing petition for leave to intervene shall be to rely to establish those facts or expert
with respect to issuance of the filed in accordance with the opinion. The petition must include
amendment to the subject facility Commission’s ‘‘Rules of Practice for sufficient information to show that a
operating license and any person whose Domestic Licensing Proceedings’’ in 10 genuine dispute exists with the
interest may be affected by this CFR Part 2. Interested persons should applicant on a material issue of law or
proceeding and who wishes to consult a current copy of 10 CFR 2.309, fact. Contentions shall be limited to
participate as a party in the proceeding which is available at the Commission’s matters within the scope of the
must file a written request for a hearing PDR, located at One White Flint North, amendment under consideration. The
and a petition for leave to intervene. Public File Area 01F21, 11555 Rockville contention must be one which, if
Normally, the Commission will not Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/
issue the amendment until the Publicly available records will be requestor to relief. A petitioner/
expiration of 60 days after the date of accessible from the Agencywide requestor who fails to satisfy these
publication of this notice. The Documents Access and Management requirements with respect to at least one
Commission may issue the license System’s (ADAMS) Public Electronic contention will not be permitted to
amendment before expiration of the 60- Reading Room on the Internet at the participate as a party.
day period provided that its final NRC Web site, http://www.nrc.gov/ Those permitted to intervene become
determination is that the amendment reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any
involves no significant hazards request for a hearing or petition for limitations in the order granting leave to
consideration. In addition, the leave to intervene is filed within 60 intervene, and have the opportunity to
Commission may issue the amendment days, the Commission or a presiding participate fully in the conduct of the
prior to the expiration of the 30-day officer designated by the Commission or hearing.
comment period should circumstances by the Chief Administrative Judge of the If a hearing is requested, and the
change during the 30-day comment Atomic Safety and Licensing Board Commission has not made a final
period such that failure to act in a Panel, will rule on the request and/or determination on the issue of no
timely way would result, for example in petition; and the Secretary or the Chief significant hazards consideration, the
derating or shutdown of the facility. Administrative Judge of the Atomic Commission will make a final
Should the Commission take action Safety and Licensing Board will issue a determination on the issue of no
prior to the expiration of either the notice of a hearing or an appropriate significant hazards consideration. The
comment period or the notice period, it order. final determination will serve to decide
will publish in the Federal Register As required by 10 CFR 2.309, a when the hearing is held. If the final
notice of issuance. Should the petition for leave to intervene shall set determination is that the amendment
Commission make a final No Significant forth with particularity the interest of request involves no significant hazards
rwilkins on PROD1PC63 with NOTICES

Hazards Consideration Determination, the petitioner in the proceeding, and consideration, the Commission may
any hearing will take place after how that interest may be affected by the issue the amendment and make it
issuance. The Commission expects that results of the proceeding. The petition immediately effective, notwithstanding
the need to take this action will occur should specifically explain the reasons the request for a hearing. Any hearing
very infrequently. why intervention should be permitted held would take place after issuance of

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43530 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

the amendment. If the final Arizona Public Service Company, et al., amendment to the Security Plan does not
determination is that the amendment Docket Nos. STN 50–528, STN 50–529, reduce the effectiveness of any security/
request involves a significant hazards and STN 50–530, Palo Verde Nuclear safeguards measures currently in place.
Therefore, the proposed Security Plan
consideration, any hearing held would Generating Station, Units 1, 2, and 3, changes will not involve a significant
take place before the issuance of any Maricopa County, Arizona reduction in the margin of safety.
amendment. Date of amendments request:
A request for a hearing or a petition The NRC staff has reviewed the
September 29, 2005, as supplemented licensee’s analysis and, based on that
for leave to intervene must be filed by: by letter dated July 5, 2006.
(1) First class mail addressed to the review, it appears that the three
Description of amendments request: standards of 10 CFR 50.92(c) are
Office of the Secretary of the The amendments revised the Physical
Commission, U.S. Nuclear Regulatory satisfied. Therefore, the NRC staff
Security Plan to clarify the description proposes to determine that the request
Commission, Washington, DC 20555– of the owner controlled area vehicle
0001, Attention: Rulemaking and for amendments involves no significant
checkpoint. hazards consideration.
Adjudications Staff; (2) courier, express Basis for proposed no significant Attorney for licensee: Janet S. Mueller,
mail, and expedited delivery services: hazards consideration determination: Director, Law Department, Arizona
Office of the Secretary, Sixteenth Floor, As required by 10 CFR 50.91(a), the Public Service Company, P.O. Box
One White Flint North, 11555 Rockville licensee has provided its analysis of the 52034, Mail Station 8695, Phoenix,
Pike, Rockville, Maryland, 20852, issue of no significant hazards Arizona 85072–2034.
Attention: Rulemaking and consideration, which is presented NRC Branch Chief: David Terao.
Adjudications Staff; (3) E-mail below:
addressed to the Office of the Secretary, Dominion Energy Kewaunee, Inc.,
1. Does the proposed change involve a
U.S. Nuclear Regulatory Commission, significant increase in the probability or
Docket No. 50–305, Kewaunee Power
HearingDocket@nrc.gov; or (4) facsimile consequences of an accident previously Station, Kewaunee County, Wisconsin
transmission addressed to the Office of evaluated? Date of amendment request: June 28,
the Secretary, U.S. Nuclear Regulatory Response: No. 2006.
Commission, Washington, DC, The proposed amendment, which will Description of amendment request:
Attention: Rulemakings and clarify the description of a security feature of The proposed amendment changed
Adjudications Staff at (301) 415–1101, the Owner Controlled Area (OCA)
Checkpoint, does not reduce the ability of the
Kewaunee Power Station (KPS)
verification number is (301) 415–1966. Security organization to prevent radiological Technical Specifications 3.3.b.3.B and
A copy of the request for hearing and sabotage and, therefore, does not increase the 3.3.b.4.A to increase the minimum
petition for leave to intervene should probability or consequences of a radiological required boron concentration in the
also be sent to the Office of the General release previously evaluated. The proposed refueling water storage tank (RWST)
Counsel, U.S. Nuclear Regulatory Security Plan changes will not affect any from 2400 parts per million (ppm) to
Commission, Washington, DC 20555– important to safety systems or components, 2500 ppm.
0001, and it is requested that copies be their mode of operation or operating Basis for proposed no significant
transmitted either by means of facsimile strategies. The proposed Security Plan hazards consideration determination:
transmission to (301) 415–3725 or by e- changes have no affect on accident initiators As required by 10 CFR 50.91(a), the
or mitigation. Therefore, the proposed
mail to OGCMailCenter@nrc.gov. A copy amendment to the Security Plan will not
licensee has provided its analysis of the
of the request for hearing and petition involve a significant increase in the issue of no significant hazards
for leave to intervene should also be probability or consequences of an accident consideration, which is presented
sent to the attorney for the licensee. previously evaluated. below:
Nontimely requests and/or petitions 2. Does the proposed change create the 1. Does the proposed amendment involve
and contentions will not be entertained possibility of a new or different kind of a significant increase in the probability or
absent a determination by the accident from any accident previously consequences of an accident previously
Commission or the presiding officer of evaluated? evaluated?
Response: No. Response: No.
the Atomic Safety and Licensing Board
The proposed amendment to clarify the Increasing the minimum required boron
that the petition, request and/or the description of a security feature of the OCA concentration in the RWST does not add,
contentions should be granted based on Checkpoint does not affect the operation of delete, or modify any KPS systems,
a balancing of the factors specified in 10 systems important to safety. The Security structures, or components (SSCs). The RWST
CFR 2.309(a)(1)(i)–(viii). Plan amendment does not affect any of the and its contents are not accident initiators.
For further details with respect to this parameters or conditions that could Rather, they are designed for accident
action, see the application for contribute to the initiation of any accident. mitigation. The effects of an increase in the
amendment which is available for No new accident scenarios are created as a minimum RWST boron concentration from
public inspection at the Commission’s result of the proposed Security Plan changes. 2400 ppm to 2500 ppm are bounded by
In addition, the design functions of existing evaluations and determined to be
PDR, located at One White Flint North, equipment important to safety are not altered acceptable. Thus, the proposed increase in
Public File Area 01F21, 11555 Rockville as a result of the proposed Security Plan minimum RWST boron concentration has no
Pike (first floor), Rockville, Maryland. changes. Therefore, the proposed Security adverse effect on the ability of the plant to
Publicly available records will be Plan changes will not create the possibility mitigate the effects of design basis accidents.
accessible from the ADAMS Public of a new or different accident from any Therefore, the proposed amendment does
Electronic Reading Room on the Internet previously evaluated. not involve a significant increase in the
at the NRC Web site, http:// 3. Does the proposed change involve a probability or consequences of an accident
www.nrc.gov/reading-rm/adams.html. If significant reduction in a margin of safety? previously evaluated.
you do not have access to ADAMS or if Response: No. 2. Does the proposed amendment create
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The proposed Security Plan changes will the possibility of a new or different kind of
there are problems in accessing the not affect any important to safety systems or accident from any accident previously
documents located in ADAMS, contact components, their mode of operation, or evaluated?
the PDR Reference staff at 1 (800) 397– operating strategies. The proposed Security Response: No.
4209, (301) 415–4737 or by e-mail to Plan changes have no affect on accident Increasing the minimum required boron
pdr@nrc.gov. initiators or mitigation. The proposed concentration in the RWST does not change

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43531

the design function of the RWST or the SSCs LEAKAGE; TS 3.4.13, ‘‘Reactor Coolant proposed changes accounts for tubes that
designed to deliver borated water in the System (RCS) Operational Leakage;’’ TS may leak during design basis accidents. The
RWST to the [reactor] core. Increasing the 5.5.7 (Indian Point Unit 2) and TS 5.5.8 accident induced leakage criterion limits this
minimum required boron concentration in leakage to no more than the value assumed
(Indian Point Unit 3), ‘‘Steam Generator
the RWST does not create any credible new in the accident analysis.
failure mechanisms or malfunctions for plant
(SG) Program;’’ TS 5.6.7 (Indian Point The SG performance criteria proposed
equipment or the nuclear fuel. The safety Unit 2) and TS 5.6.8 (Indian Point Unit change to the TS identify the standards
function of the borated water in the RWST 3), ‘‘SG Tube Inspection Report;’’ and against which tube integrity is to be
is not being changed. would create new TS 3.4.17, ‘‘SG Tube measured. Meeting the performance criteria
Therefore, the proposed amendment does Integrity.’’ provides reasonable assurance that the SG
not create the possibility of a new or different This change was proposed by the tubing will remain capable of fulfilling its
kind of accident from any previously industry’s Technical Specification Task specific safety function of maintaining
evaluated. Force (TSTF) and is designated TSTF reactor coolant pressure boundary integrity
3. Does the proposed amendment involve throughout each operating cycle and in the
449, Revision 4. The NRC staff issued a
a significant reduction in a margin of safety? unlikely event of a design basis accident. The
notice of opportunity for comment in performance criteria are only a part of the SG
Response: No.
An evaluation has been performed showing the Federal Register on March 2, 2005 Program required by the proposed change to
that maintaining RWST boron concentration (70 FR 10298), on possible amendments the TS. The program, defined by Nuclear
above 2500 ppm continues to assure concerning TSTF–449, including a Energy Institute (NEI) 97–06, Steam
acceptable results for design basis accident model safety evaluation and model no Generator Program Guidelines, includes a
analyses [ ] considering the reactivity of the significant hazards consideration framework that incorporates a balance of
core. Increasing the minimum boron (NSHC) determination, using the prevention, inspection, evaluation, repair,
concentration in the RWST from 2400 ppm consolidated line item improvement and leakage monitoring. The proposed
to 2500 ppm increases the margin of safety changes do not, therefore, significantly
process (CLIIP). The NRC staff
in the KPS safety analyses, since additional increase the probability of an accident
subsequently issued a notice of previously evaluated.
post-accident negative reactivity will be
available to the core. This additional negative availability of the models for referencing The consequences of design basis accidents
reactivity more than compensates for the in license amendment applications in are, in part, functions of the DOSE
additional reactivity in the core due to the the Federal Register on May 6, 2005 (70 EQUIVALENT 1–131 in the primary coolant
unanticipated prolonged shutdown periods FR 24126). The licensee affirmed the and the primary to secondary LEAKAGE
in Cycle 27. Additionally, the proposed new applicability of the following NSHC rates resulting from an accident. Therefore,
minimum boron concentration of 2500 ppm determination in its application dated limits are included in the plant technical
is within the range required by current safety May 31, 2006. specifications for operational leakage and for
analyses (i.e., 2400 ppm to 2625 ppm), and Basis for proposed no significant DOSE EQUIVALENT 1–131 in primary
well below the currently acceptable coolant to ensure the plant is operated within
hazards consideration determination:
maximum boron concentration of 2625 ppm. its analyzed condition. The typical analysis
As required by 10 CFR 50.91(a), an of the limiting design basis accident assumes
The proposed amendment does not result
in altering or exceeding a design basis or analysis of the issue of no significant that primary to secondary leak rate after the
safety limit for the plant. All current fuel hazards consideration, which is accident is 1 gallon per minute with no more
design criteria will continue to be satisfied, presented below: than [500 gallons per day or 720 gallons per
and the safety analyses of record (except for day] in any one SG, and that the reactor
the postLOCA sump boron concentration), Criterion 1—The Proposed Change Does Not coolant activity levels of DOSE
including evaluations of the radiological Involve a Significant Increase in the EQUIVALENT 1–131 are at the TS values
consequences of design basis accidents, will Probability or Consequences of an Accident before the accident.
remain applicable. Previously Evaluated The proposed change does not affect the
Therefore, the proposed amendment does The proposed change requires a SG design of the SGs, their method of operation,
not involve a significant reduction in a Program that includes performance criteria or primary coolant chemistry controls. The
margin of safety. that will provide reasonable assurance that proposed approach updates the current TSs
the SG tubing will retain integrity over the and enhances the requirements for SG
The NRC staff has reviewed the inspections. The proposed change does not
full range of operating conditions (including
licensee’s analysis and, based on this startup, operation in the power range, hot adversely impact any other previously
review, it appears that the three standby, cooldown and all anticipated evaluated design basis accident and is an
standards of 10 CFR 50.92(c) are transients included in the design improvement over the current TSs.
satisfied. Therefore, the NRC staff specification). The SG performance criteria Therefore, the proposed change does not
proposes to determine that the are based on tube structural integrity, affect the consequences of a SGTR accident
amendment request involves no accident induced leakage, and operational and the probability of such an accident is
significant hazards consideration. LEAKAGE. reduced. In addition, the proposed changes
Attorney for licensee: Bradley D. A steam generator tube rupture (SGTR) do not affect the consequences of a main
event is one of the design basis accidents that steam line break (MSLB), rod ejection, or a
Jackson, Esq., Foley and Lardner, P.O. reactor coolant pump locked rotor event, or
are analyzed as part of a plant’s licensing
Box 1497, Madison, WI 53701–1497. basis. In the analysis of a SGTR event, a other previously evaluated accident.
NRC Branch Chief: L. Raghavan. bounding primary to secondary LEAKAGE
Criterion 2—The Proposed Change Does Not
Entergy Nuclear Operations, Inc., rate equal to the operational LEAKAGE rate
Create the Possibility of a New or Different
Docket Nos. 50–247 and 50–286, Indian limits in the licensing basis plus the
Kind of Accident From Any Previously
LEAKAGE rate associated with a double-
Point Nuclear Generating Unit Nos. 2 ended rupture of a single tube is assumed.
Evaluated
and 3, Westchester County, New York For other design basis accidents such as The proposed performance based
Date of amendment request: May 31, MSLB, rod ejection, and reactor coolant requirements are an improvement over the
2006. pump locked rotor the tubes are assumed to requirements imposed by the current
Description of amendment request: retain their structural integrity (i.e., they are technical specifications. Implementation of
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assumed not to rupture). These analyses the proposed SG Program will not introduce
The proposed amendment revised the typically assume that primary to secondary any adverse changes to the plant design basis
Technical Specification (TS) LEAKAGE for all SGs is 1 gallon per minute or postulated accidents resulting from
requirements related to steam generator or increases to 1 gallon per minute as a result potential tube degradation. The result of the
(SG) tube integrity. Specifically, it of accident induced stresses. The accident implementation of the SG Program will be an
would revise the TS definition of induced leakage criterion introduced by the enhancement of SG tube performance.

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43532 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

Primary to secondary LEAKAGE that may be Description of amendment request: leakage from primary water stress corrosion
experienced during all plant conditions will The proposed amendments revised the cracking (PWSCC) below 17 inches from the
be monitored to ensure it remains within Technical Specifications (TSs) relating top of the tubesheet is limited by both the
current accident analysis assumptions. tube-to-tubesheet crevice and the limited
to Steam Generator (SG) inspection.
The proposed change does not affect the crack opening permitted by the tubesheet
design of the SGs, their method of operation,
Specifically, TS 3/4.4.5, Surveillance constraint. Consequently, negligible normal
or primary or secondary coolant chemistry Requirements, and TS 3/4.4.6, Reactor operating leakage is expected from cracks
controls. In addition, the proposed change Coolant System Leakage, would be within the tubesheet region.
does not impact any other plant system or modified to clearly delineate the scope The probability of a SLB is unaffected by
component. The change enhances SG of the inservice inspections required in the potential failure of a SG tube as the
inspection requirements. the tube sheet regions of the SGs. failure of a tube is not an initiator for a SLB
Therefore, the proposed change does not Basis for proposed no significant event. SLB leakage is limited by leakage flow
create the possibility of a new or different hazards consideration determination: restrictions resulting from the crack and tube-
type of accident from any accident to-tubesheet contact pressures that provide a
As required by 10 CFR 50.91(a), the restricted leakage path above the indications
previously evaluated.
licensee has provided its analysis of the and also limit the degree of crack face
Criterion 3—The Proposed Change Does Not issue of no significant hazards opening compared to free span indications.
Involve a Significant Reduction in the Margin consideration, which is presented The leak rate during postulated accident
of Safety below: conditions would be expected to be less than
The SG tubes in pressurized water reactors 1. Does the change involve a significant twice that during normal operation for
are an integral part of the reactor coolant increase in the probability or consequences indications near the bottom of the tubesheet
pressure boundary and, as such, are relied of an accident previously evaluated? (including indications in the tube end welds)
upon to maintain the primary system’s Of the various accidents previously based on the observation that while the
pressure and inventory. As part of the reactor evaluated, the proposed changes only affect driving pressure increases by about a factor
coolant pressure boundary, the SG tubes are the SG tube rupture (SGTR) event evaluation of two, the flow resistance increases with an
unique in that they are also relied upon as and the postulated steam line break [SLB] increase in the tube-to-tubesheet contact.
a heat transfer surface between the primary accident evaluation. Loss-of-coolant accident While such a decrease is rationally expected,
and secondary systems such that residual (LOCA) conditions cause a compressive axial the postulated accident leak rate is bounded
heat can be removed from the primary load to act on the tube. Therefore, since the by twice the normal operating leak rate if the
system. In addition, the SG tubes isolate the LOCA tends to force the tube into the increase in contact pressure is ignored. Since
radioactive fission products in the primary tubesheet rather than pull it out, it is not a normal operating leakage is limited to less
coolant from the secondary system. In factor in this amendment request. Another than 150 gpd, the attendant accident
summary, the safety function of an SG is faulted load consideration is a safe shutdown condition leak rate, assuming all leakage to
maintained by ensuring the integrity of its earthquake (SSE); however, the seismic be from lower tubesheet indications, would
tubes. analysis of Series 44F SGs has shown that be bounded by 300 gpd. This value is less
Steam generator tube integrity is a function axial loading of the tubes is negligible during than the 500 gpd leak rate assumed during
of the design, environment, and the physical a SSE. a postulated SLB in the Turkey Point Units
condition of the tube. The proposed change For the SGTR event, the required structural 3 and 4 Updated Final Safety Analysis Report
does not affect tube design or operating margins of the SG tubes will be maintained (UFSAR).
environment. The proposed change is by the presence of the tubesheet. Tube Therefore, based on the above evaluation,
expected to result in an improvement in the rupture is precluded for cracks in the the proposed changes do not involve a
tube integrity by implementing the SG hydraulic expansion region due to the significant increase in the probability or
Program to manage SG tube inspection, constraint provided by the tubesheet. consequences of an accident previously
assessment, repair, and plugging. The Therefore, Regulatory Guide (RG) 1.121, evaluated.
requirements established by the SG Program ‘‘Bases for Plugging Degraded PWR 2. Does the change create the possibility of
are consistent with those in the applicable [Pressurized-Water Reactor] Steam Generator a new or different kind of accident from any
design codes and standards and are an Tubes,’’ margins against burst are maintained accident previously evaluated?
improvement over the requirements in the for both normal and postulated accident The proposed changes do not introduce
current TSs. conditions. any changes or mechanisms that create the
For the above reasons, the margin of safety The limited inspection length of 17 inches possibility of a new or different kind of
is not changed and overall plant safety will supplies the necessary resistive force to accident. Tube bundle integrity is expected
be enhanced by the proposed change to the preclude pullout loads under both normal to be maintained for all plant conditions
TS. operating and accident conditions. The upon implementation of the limited
contact pressure results from the hydraulic tubesheet inspection depth methodology.
The NRC staff has reviewed the expansion process, thermal expansion The proposed changes do not introduce any
licensee’s analysis and, based on this mismatch between the tube and tubesheet new equipment or any change to existing
review, it appears that the three and from the differential pressure between equipment. No new effects on existing
standards of 10 CFR 50.92(c) are the primary and secondary side. The equipment are created nor are any new
satisfied. Therefore, the NRC staff proposed changes do not affect other malfunctions introduced.
systems, structures, components or Therefore, based on the above evaluation,
proposes to determine that the
operational features. Therefore, the proposed the proposed changes do not create the
amendment request involves no change results in no significant increase in possibility of a new or different kind of
significant hazards consideration. the probability of the occurrence of a SGTR accident from any accident previously
Attorney for licensee: Mr. John Fulton, event. evaluated.
Assistant General Counsel, Entergy The consequences of an SGTR event are 3. Does the change involve a significant
Nuclear Operations, Inc., 440 Hamilton affected by the primary-to-secondary leakage reduction in a margin of safety?
Avenue, White Plains, NY 10601. flow during the event. Primary-to-secondary The proposed changes maintain the
NRC Branch Chief: Richard J. Laufer. leakage flow through a postulated broken required structural margins of the SG tubes
tube is not affected by the proposed change for both normal and accident conditions. NEI
Florida Power and Light Company, since the tubesheet enhances the tube [Nuclear Energy Institute] 97–06, Rev. 2 and
rwilkins on PROD1PC63 with NOTICES

Docket Nos. 50–250 and 50–251, Turkey integrity in the region of the hydraulic RG 1.121 are used as the basis in the
Point Plant, Units 3 and 4, Miami-Dade expansion by precluding tube deformation development of the limited tubesheet
County, Florida beyond its initial expanded outside diameter. inspection depth methodology for
The resistance to both tube rupture and determining that SG tube integrity
Date of amendment request: April 27, collapse is strengthened by the tubesheet in considerations are maintained within
2006. that region. At normal operating pressures, acceptable limits. RG 1.121 describes a

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43533

method acceptable to the NRC staff for As required by 10 CFR 50.91(a), the Attorney for licensee: Mr. R.E.
meeting General Design Criteria 14, 15, 31, licensee has provided its analysis of the Helfrich, Florida Power & Light
and 32 by reducing the probability and issue of no significant hazards Company, P.O. Box 14000, Juno Beach,
consequences of an SGTR. RG 1.121 consideration, which is presented FL 33408–0420.
concludes that by determining the limiting
safe conditions of tube wall degradation below: NRC Branch Chief: L. Raghavan.
beyond which tubes with unacceptable 1. Does the proposed amendment involve FPL Energy Duane Arnold, LLC, Docket
cracking, as established by inservice a significant increase in the probability or No. 50–331, Duane Arnold Energy
inspection, should be removed from service consequences of an accident previously
Center, Linn County, Iowa
or repaired, the probability and consequences evaluated?
of a SGTR are reduced. This RG uses safety Response: No. Date of amendment request:
factors on loads for tube burst that are The proposed change deletes the Main December 22, 2005.
consistent with the requirements of Section Steamline Radiation Monitor (MSLRM) trip Description of amendment request:
III of the ASME [American Society of function from TS [technical specification]. The proposed amendment revised the
Mechanical Engineers] Code. The MSLRM is not an initiator of any reactor-pressure vessel material
For axially oriented cracking located accident previously evaluated. As a result,
the probability of any accident previously surveillance program described within
within the tubesheet, tube burst is precluded
due to the presence of the tubesheet. For evaluated is not significantly increased. The the Duane Arnold Energy Center (DAEC)
circumferentially oriented cracking, WCAP consequences of an accident previously Updated Final Safety Analysis Report
[Westinghouse Commercial Atomic Power] evaluated, specifically the Control Rod Drop from a plant-specific program to the
—16506–P defines a length of degradation Accident (CRDA), have been evaluated Boiling Water Reactor Vessel and
free expanded tubing that provides the consistent with the DAEC [Duane Arnold Internals Project (BWRVIP) Integrated
necessary resistance to tube pullout due to Energy Center] licensing basis utilizing the Surveillance Program (ISP).
the pressure induced forces (with applicable Alternative Source Term (10 CFR 50.67). As Basis for proposed no significant
safety factors applied). Application of the demonstrated by the dose calculations, the
consequences of the accident are within the hazards consideration determination:
limited tubesheet inspection depth criteria As required by 10 CFR 50.91(a), the
will preclude unacceptable primary-to- regulatory acceptance criterion. As a result,
the consequences of any accident previously licensee has provided its analysis of the
secondary leakage during all plant
conditions. The methodology for determining evaluated are not significantly increased. issue of no significant hazards
leakage provides for large margins between Therefore, the proposed change does not consideration, which is presented
involve a significant increase in the below:
calculated and actual leakage values in the
probability or consequences of an accident
proposed limited tubesheet inspection depth 1. Does the proposed amendment involve
previously evaluated.
criteria. a significant increase in the probability or
2. Does the proposed amendment create
Plugging of the SG tubes reduces the consequences of an accident previously
the possibility of a new or different kind of
reactor coolant flow margin for core cooling. accident from any accident previously evaluated?
Implementation of the 17 inch inspection evaluated? Response: No.
length at Turkey Point Units 3 and 4 will Response: No. The proposed change implements an
result in maintaining the margin of flow that No new or different accidents result from integrated surveillance program that has been
may have otherwise been reduced by tube utilizing the proposed change. The changes evaluated by the NRC [Nuclear Regulatory
plugging. do not involve a change in the methods Commission] staff as meeting the
Based on the above, it is concluded that the governing normal plant operation. The requirements of paragraph III.C of Appendix
proposed changes do not result in any equipment proposed to be removed from the H to 10 CFR 50. Consequently, the proposed
reduction of margin with respect to plant plant, the MSLRM, is only credited in the change does not significantly increase the
safety as defined in the UFSAR or Bases of CRDA analysis and no other event in the probability of any accident previously
the plant Technical Specifications. safety analysis. The proposed changes are evaluated. The proposed change provides the
The NRC staff has reviewed the consistent with the revised safety analysis same assurance of RPV [reactor pressure
assumptions for a CRDA included in this vessel] integrity. As a result, the
licensee’s analysis and, based on this consequences of any accident previously
application.
review, it appears that the three Therefore, the proposed change does not evaluated are not significantly increased.
standards of 50.92(c) are satisfied. create the possibility of a new or different Therefore, the proposed change does not
Therefore, the NRC staff proposes to kind of accident from any previously involve a significant increase in the
determine that the amendment request evaluated. probability or consequences of an accident
involves no significant hazards 3. Does the proposed amendment involve previously evaluated.
consideration. a significant reduction in a margin of safety? 2. Does the proposed amendment create
Attorney for licensee: M.S. Ross, Response: No. the possibility of a new or different kind of
Attorney, Florida Power & Light, P.O. The proposed change deletes the accident from any accident previously
requirement for the MSLRM isolation evaluated?
Box 14000, Juno Beach, Florida 33408– function. Analyses performed consistent with Response: No.
0420. the DAEC licensing basis, demonstrate that The proposed change revises the DAEC
NRC Branch Chief: Michael L. the removal of this isolation will not cause licensing bases to reflect participation in the
Marshall, Jr. a significant reduction in the margin of BWRVIP ISP. The ISP was approved by the
safety, as the resulting offsite dose NRC staff as an acceptable material
FPL Energy Duane Arnold, LLC, Docket consequences are being maintained within surveillance program which complies with
No. 50–331, Duane Arnold Energy regulatory limits. 10 CFR 50, Appendix H. The proposed
Center, Linn County, Iowa Therefore, the proposed change does not change maintains an equivalent level of RPV
Date of amendment request: involve a significant reduction in a margin of material surveillance and does not introduce
safety. any new accident initiators. The proposed
November 14, 2005.
Description of amendment request: The NRC staff has reviewed the change will not impact the manner in which
The proposed amendment revised the licensee’s analysis and, based on this the plant is designed or operated. This
change will not affect the reactor pressure
table of Primary Containment Isolation review, it appears that the three
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vessel, as no physical changes are involved.


Instrumentation to eliminate the trip standards of 10 CFR 50.92(c) are The proposed change will not cause the
generated by the main steamline satisfied. Therefore, the NRC staff reactor pressure vessel or interfacing systems
radiation monitors. proposes to determine that the to be operated outside of any design or
Basis for proposed no significant amendment request involves no testing limits. Furthermore, the proposed
hazards consideration determination: significant hazards consideration. changes will not alter any assumptions

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43534 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

previously made in evaluating the NSHC determination in its application Company, P.O. Box 14000, Juno Beach,
radiological consequences of any accident. dated April 28, 2006. FL 33408–0420.
Therefore, the proposed change does not Basis for proposed no significant NRC Branch Chief: L. Raghavan.
create the possibility of a new or different hazards consideration determination:
kind of accident from any previously As required by 10 CFR 50.91(a), the Indiana Michigan Power Company,
evaluated.
licensee has provided its analysis of the Docket No. 50–315, Donald C. Cook
3. Does the proposed amendment involve Nuclear Plant, Unit 1, Berrien County,
a significant reduction in a margin of safety? issue of no significant hazards
consideration, which is presented Michigan
Response: No.
The proposed change has been evaluated below: Date of amendment request: April 10,
as providing an acceptable alternative to the 1. Does the proposed change involve a 2006.
plant-specific RPV material surveillance significant increase in the probability or Description of amendment request:
program that meets the requirements of the consequences of an accident previously The proposed amendment revised
regulations for RPV material surveillance. evaluated? Surveillance Requirement 3.8.1.11 of
The material surveillance program Response: No. the Donald C. Cook Technical
requirements contained in 10 CFR 50, The proposed change allows a delay time Specifications, raising the emergency
Appendix H provide assurance that adequate before declaring supported TS systems diesel generator full load rejection
margins of safety exist for the reactor coolant inoperable when the associated snubber(s)
system against nonductile or rapidly voltage test limit from 5000 volts to
cannot perform its required safety function.
propagating failures during normal operation, Entrance into Actions or delaying entrance 5350 volts.
anticipated operational occurrences, and into Actions is not an initiator of any Basis for proposed no significant
system hydrostatic tests. accident previously evaluated. Consequently, hazards consideration determination:
The BWRVIP ISP has been approved by the the probability of an accident previously As required by 10 CFR 50.91(a), the
NRC staff as an acceptable material evaluated is not significantly increased. The licensee provided a no significant
surveillance program which complies with I0 consequences of an accident while relying on hazards determination analysis, which
CFR 50, Appendix H. The ISP will provide the delay time allowed before declaring a TS is reproduced below:
the material surveillance data which will supported system inoperable and taking its
ensure that the safety margins required by Conditions and Required Actions are no 1. Does the proposed change involve a
NRC regulations are maintained for the DAEC different than the consequences of an significant increase in the probability of
reactor coolant system. accident under the same plant conditions occurrence or consequences of an accident
Therefore, the proposed change does not while relying on the existing TS supported previously evaluated?
involve a significant reduction in a margin of system Conditions and Required Actions. Response: No.
safety. Therefore, the consequences of an accident Probability of Occurrence of an Accident
previously evaluated are not significantly Previously Evaluated.
The NRC staff has reviewed the increased by this change. Therefore, this The proposed change is an increase in the
licensee’s analysis and, based on this change does not involve a significant Technical Specification (TS) Surveillance
review, it appears that the three increase in the probability or consequences Requirement (SR) limit on maximum voltage
standards of 10 CFR 50.92(c) are of an accident previously evaluated. following an emergency diesel generator (DG)
satisfied. Therefore, the NRC staff 2. Does the proposed change create the full load rejection. The DGs’ safety function
possibility of a new or different kind of is solely mitigative and is not needed unless
proposes to determine that the accident from any accident previously there is a loss of offsite power. The DGs do
amendment request involves no evaluated? not affect any accident initiators or
significant hazards consideration. Response: No. precursors of any accident previously
Attorney for licensee: Mr. R. E. The proposed change allows a delay time evaluated. The proposed increase in the TS
Helfrich, Florida Power & Light before declaring supported TS systems SR limit does not affect the DGs’ interaction
Company, P. O. Box 14000, Juno Beach, inoperable when the associated snubber(s) with any system whose failure or
FL 33408–0420. cannot perform its required safety function. malfunction can initiate an accident.
The proposed change does not involve a Therefore, the probability of occurrence of an
NRC Branch Chief: L. Raghavan. physical alteration of the plant (no new or accident previously evaluated is not
FPL Energy Duane Arnold, LLC, Docket different type of equipment will be installed) significantly increased.
No. 50–331, Duane Arnold Energy or a change in the methods governing normal Consequences of an Accident Previously
plant operation. Thus, this change does not Evaluated.
Center, Linn County, Iowa create the possibility of a new or different The DG safety function is to provide power
Date of amendment request: April 28, kind of accident from any accident to safety related components needed to
2006. previously evaluated.
mitigate the consequences of an accident
3. Does the proposed change involve a
Description of amendment request: following a loss of offsite power. The purpose
significant reduction in a margin of safety?
The proposed amendment modified Response: No.
of the TS SR voltage limit is to assure DG
technical specifications (TSs) damage protection following a full load
The proposed change allows a delay time
requirements for inoperable snubbers by before declaring supported TS systems rejection. The technical analysis performed
adding Limiting Condition for inoperable when the associated snubber(s) to support this proposed amendment has
cannot perform its required safety function. demonstrated that the DGs can withstand
Operation (LCO) 3.0.8. The changes are voltages above the new proposed limit
consistent with Nuclear Regulatory The proposed change restores an allowance
in the pre-ISTS conversion TS that was without a loss of protection. The proposed
Commission approved Industry/ higher limit will continue to provide
unintentionally eliminated by the
Technical Specification Task Force conversion. The pre-ISTS TS were assurance that the DG is protected, and the
(TSTF) standard TS change TSTF–372, considered to provide an adequate margin of safety function of the DG will be unaffected
Revision 4. safety for plant operation, as does the post- by the proposed change. Therefore, the
The NRC staff issued a notice of ISTS conversion TS. Therefore, this change consequences of an accident previously
availability of a model safety evaluation does not involve a significant reduction in a evaluated will not be significantly increased.
and model no significant hazards margin of safety. 2. Does the proposed change create the
rwilkins on PROD1PC63 with NOTICES

possibility of a new or different kind of


consideration (NSHC) determination for The NRC staff proposes to determine accident from any accident previously
referencing in license amendment that the amendment request involves no evaluated?
applications in the Federal Register on significant hazards consideration. Response: No.
May 4, 2005 (70 FR 23252). The licensee Attorney for licensee: Mr. R.E. There are no new DG failure modes created
affirmed the applicability of the model Helfrich, Florida Power & Light and the DGs are not an initiator of any new

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43535

or different kind of accident. The proposed conjunction with the hydrostatic and Nine Mile Point Nuclear Station, LLC,
increase in the TS SR limit does not affect inservice leak tests will not impact any Docket No. 50–220, Nine Mile Point
the interaction of the DGs with any system accident initiator. Thus, the proposed change Nuclear Station Unit No. 1, Oswego
whose failure or malfunction can initiate an does not affect the probability of any County, New York
accident. Therefore, the proposed change accident.
does not create the possibility of a new or The proposed changes do not involve any Date of amendment request: January
different kind of accident from any modification of equipment used to mitigate 18, 2006.
previously evaluated. accidents, and do not impact any system Description of amendment request:
3. Does the proposed change involve a used in the mitigation of design basis The proposed amendment deleted the
significant reduction in a margin of safety? accidents. The proposed changes do not reference to the hydrogen monitors in
Response: No. involve modified operation of equipment or Technical Specification (TS) 3.6.11,
The margins of safety applicable to the [a] system used to mitigate accidents. Thus,
‘‘Accident Monitoring Instrumentation’’
proposed change are those associated with the proposed changes do not affect the
the ability of the DGs to perform their safety consequences of an accident. consistent with the NRC-approved
function. The technical analysis performed to Based on the above, NPPD concludes that Industry/Technical Specification Task
support this amendment demonstrates that the proposed changes do not involve a Force (TSTF) Standard Technical
this ability will be unaffected. The increase significant increase in the probability or Specification Change Traveler, TSTF–
in the TS SR limit will not affect this ability. consequences of an accident previously 447, ‘‘Elimination of Hydrogen
Therefore, the proposed change does not evaluated. Recombiners and Change to Hydrogen
involve a significant reduction in margin of 2. Do the proposed changes create the and Oxygen Monitors.’’
safety. possibility of a new or different kind of The NRC staff issued a notice of
The NRC staff evaluated the licensee’s accident from any accident previously availability of ‘‘Model Application
analysis, and based on this evaluation, the evaluated?
NRC staff proposes to determine that the Response: No.
Concerning Technical Specification
requested amendment does not involve a The proposed TS revisions to TS LCO Improvement To Eliminate Hydrogen
significant hazards consideration. 3.10.1 do not involve physical modification Recombiner Requirement, and Relax the
of the plant or a change in plant operation. Hydrogen and Oxygen Monitor
Attorney for licensee: James M. Petro, Requirements for Light Water Reactors
The proposed TS revisions do not revise or
Jr., Esquire, One Cook Place, Bridgman, eliminate any existing requirements, and do Using the Consolidated Line Item
MI 49106. not impose any additional requirements. The Improvement Process (CLIIP)’’, in the
NRC Branch Chief: L. Raghavan. proposed changes do not alter assumptions Federal Register on September 25, 2003
Nebraska Public Power District (NPPD), made in the safety analysis, and are (68 FR 55416). The notice included a
consistent with the safety analysis
Docket No. 50–298, Cooper Nuclear assumptions and current plant operating
model safety evaluation (SE), a model
Station, Nemaha County, Nebraska practice. Allowing the performance of control no significant hazards consideration
Date of amendment request: June 16, rod scram time testing, while in plant (NSHC) determination, and a model
2006. operating Mode 4 with average RCS application.
Description of amendment request: temperature greater than 212 °F, does not Basis for proposed no significant
The proposed amendment revised create the possibility of a different kind of hazards consideration determination:
accident. As required by 10 CFR 50.91(a), the
Technical Specification (TS) 3.10.1, Based on the above NPPD[,] concludes that
‘‘Inservice Leak and Hydrostatic Testing licensee has provided its analysis of the
these proposed changes do not create the issue of no significant hazards
Operation,’’ to extend the scope to possibility of a new or different kind of
include provisions for temperature consideration, by confirming the
accident from any previously evaluated.
increases above 212 °F as a consequence 3. Do the proposed changes involve a
applicability of the model NSHC
of inservice leak or hydrostatic testing, significant reduction in a margin of safety? determination to NMP–1 and
and as a consequence of control rod Response: No. incorporating it by reference in its
scram time testing initiated in The proposed changes do not impact the application. The model NSHC
conjunction with the inservice leak test design or operation of the Reactor Protection determination is presented below:
System or the Emergency Core Cooling
or hydrostatic test, when initial test System. Allowing completion of scram time Criterion 1—The Proposed Change Does Not
conditions are below 212 °F. testing that was initiated in conjunction with Involve a Significant Increase in the
Basis for proposed no significant inservice leak or hydrostatic testing prior to Probability or Consequences of an Accident
hazards consideration determination: reactor criticality and startup will eliminate Previously Evaluated
As required by 10 CFR 50.91(a), the the need for unnecessary plant maneuvers to The revised 10 CFR 50.44 no longer defines
licensee has provided its analysis of the control reactor temperature and pressure, a design-basis loss-of-coolant accident
issue of no significant hazards thereby resulting in enhanced safe operation. (LOCA) hydrogen release, and eliminates
consideration, which is presented Based on the above, NPPD concludes that requirements for hydrogen control systems to
below: these proposed changes do not involve a mitigate such a release. The installation of
significant reduction in a margin of safety. hydrogen recombiners and/or vent and purge
1. Do the proposed changes involve a systems required by 10 CFR 50.44(b)(3) was
significant increase in the probability or The NRC staff has reviewed the intended to address the limited quantity and
consequences of an accident previously licensee’s analysis and, based on this rate of hydrogen generation that was
evaluated? review, it appears that the three postulated from a design-basis LOCA. The
Response: No. standards of 10 CFR 50.92(c) are Commission has found that this hydrogen
Current TS LCO [Limiting Condition for release is not risk-significant because the
Operation] 3.10.1 allows average RCS [reactor
satisfied. Therefore, the NRC staff
design-basis LOCA hydrogen release does not
coolant system] temperature to exceed 212 °F proposes to determine that the contribute to the conditional probability of a
when required during the conduct of amendment request involves no large release up to approximately 24 hours
hydrostatic and inservice leak tests without significant hazards consideration. after the onset of core damage. In addition,
rwilkins on PROD1PC63 with NOTICES

requiring entry into plant operating Mode 3, Attorney for licensee: Mr. John C. these systems were ineffective at mitigating
Hot Shutdown. Extending this allowance to McClure, Nebraska Public Power hydrogen releases from risk-significant
testing in which average RCS temperature accident sequences that could threaten
District, Post Office Box 499, Columbus,
exceeds 212 °F as a consequence of containment integrity.
maintaining pressure and to the performance NE 68602–0499. With the elimination of the design-basis
of scram time testing that is initiated in NRC Branch Chief: David Terao. LOCA hydrogen release, hydrogen [and

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43536 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

oxygen] monitors are no longer required to Therefore, this change does not create the Required Action C.1.2 in TS 3.7.11,
mitigate design-basis accidents and, possibility of a new or different kind of ‘‘Control Room Air Conditioning System
therefore, the hydrogen monitors do not meet accident from any previously evaluated. (CRACS).’’ These required actions are
the definition of a safety-related component for the condition where the required
as defined in 10 CFR 50.2. RG [Regulatory Criterion 3—The Proposed Change Does Not
Guide] 1.97 Category 1, is intended for key Involve a Significant Reduction in [a] Margin actions and completion time (CT) of TS
variables that most directly indicate the of Safety 3.7.10 Condition A (one CREVS train
accomplishment of a safety function for The elimination of the hydrogen inoperable) and TS 3.7.11 Condition A
design-basis accident events. The hydrogen recombiner requirements and relaxation of (one CRACS train inoperable) are not
[and oxygen] monitors no longer meet the the hydrogen [and oxygen] monitor met in Modes 5 or 6, or during
definition of Category 1 in RG 1.97. As part requirements, including removal of these movement of irradiated fuel assemblies.
of the rulemaking to revise 10 CFR 50.44 the requirements from TS, in light of existing The deleted required actions, and
Commission found that Category 3, as plant equipment, instrumentation, associated CTs, are to verify the
defined in RG 1.97, is an appropriate procedures, and programs that provide operable CREVS (or CRACS) train is
categorization for the hydrogen monitors effective mitigation of and recovery from
because the monitors are required to reactor accidents, results in a neutral impact
capable of being powered by an
diagnose the course of beyond design-basis to the margin of safety. emergency power source.
accidents. [Also, as part of the rulemaking to The installation of hydrogen recombiners The amendment would also delete the
revise 10 CFR 50.44, the Commission found and/or vent and purge systems required by phrase ‘‘in MODES 1, 2, 3, or 4’’ from
that Category 2, as defined in RG 1.97, is an 10 CFR 50.44(b)(3) was intended to address Condition A (one emergency exhaust
appropriate categorization for the oxygen the limited quantity and rate of hydrogen system (EES) train inoperable) of TS
monitors, because the monitors are required generation that was postulated from a design- 3.7.13, ‘‘Emergency Exhaust System
to verify the status of the inert containment.] basis LOCA. The Commission has found that (EES),’’ and revise Condition D to state
The regulatory requirements for the this hydrogen release is not risk-significant the following: ‘‘Required Action and
hydrogen [and oxygen] monitors can be because the design-basis LOCA hydrogen associated Completion Time of
relaxed without degrading the plant’s, release does not contribute to the conditional Condition A not met during movement
emergency response. The emergency probability of a large release up to
response, in this sense, refers to the approximately 24 hours after the onset of
of irradiated fuel assemblies in the fuel
methodologies used in ascertaining the core damage. building.’’
condition of the reactor core, mitigating the Category 3 hydrogen monitors are adequate Basis for proposed no significant
consequences of an accident, assessing and to provide rapid assessment of current hazards consideration determination:
projecting offsite releases of radioactivity, reactor core conditions and the direction of As required by 10 CFR 50.91(a), the
and establishing protective action degradation while effectively responding to licensee has provided its analysis of the
recommendations to be communicated to the event in order to mitigate the issue of no significant hazards
offsite authorities. Classification of the consequences of the accident. The intent of consideration, which is presented
hydrogen monitors as Category 3, the requirements established as a result of the below:
[classification of the oxygen monitors as TMI [Three Mile Island], Unit 2 accident can
Category 2] and removal of the hydrogen [and be adequately met without reliance on safety- 1. Do the proposed changes involve a
oxygen] monitors from TS will not prevent related hydrogen monitors. significant increase in the probability or
an accident management strategy through the [Category 2 oxygen monitors are adequate consequences of an accident previously
use of the SAMGs [severe accident to verify the status of an inerted evaluated?
management guidelines], the emergency plan containment.] Response: No.
(EP), the emergency operating procedures Therefore, this change does not involve a Incorporation of a 7-day Completion Time
(EOP), and site survey monitoring that significant reduction in [a] margin of safety. for restoring an inoperable EES train during
support modification of emergency plan [The intent of the requirements established as shutdown conditions (i.e., during movement
protective action recommendations (PARs). a result of the TMI, Unit 2 accident can be of irradiated fuel assemblies in the fuel
building) and the deletion of Required
Therefore, the elimination of the hydrogen adequately met without reliance on safety-
Actions for verifying the availability of an
recombiner requirements and relaxation of related oxygen monitors.]
emergency power source when a CREVS/
the hydrogen [and oxygen] monitor Removal of hydrogen [and oxygen]
CRACS train is inoperable during the same
requirements, including removal of these monitoring from TS will not result in a
[shutdown] conditions, are operational
requirements from TS, does not involve a significant reduction in their functionality, provisions that have no impact on the
significant increase in the probability or the reliability, and availability. frequency of occurrence of the event for
consequences of any accident previously The NRC staff has reviewed the model which the EES, CREVS and CRACS are
evaluated. NSHC determination and its applicability to designed to mitigate, i.e., a fuel handling
NMP–1. Based on this review, the NRC staff accident (FHA) in the fuel building. These
Criterion 2—The Proposed Change Does Not
proposes to determine that the amendment systems, (i.e., their failure)[,] have no bearing
Create the Possibility of a New or Different
request involves no significant hazards on the occurrence of a fuel handling accident
Kind of Accident From Any Previously
consideration. as the systems themselves are not associated
Evaluated
Attorney for licensee: Mark J. with any of the potential initiating
The elimination of the hydrogen sequences, mechanisms or occurrences—
recombiner requirements and relaxation of Wetterhahn, Esquire, Winston & Strawn,
such as failure of a lifting device or crane
the hydrogen [and oxygen] monitor 1700 K Street, NW., Washington, DC [lifting a fuel assembly], or an operator
requirements, including removal of these 20006. error—that could cause an FHA. Since these
requirements from TS, will not result in any NRC Branch Chief: Richard J. Laufer. systems are designed only to respond to an
failure mode not previously analyzed. The FHA as accident mitigators after the accident
hydrogen recombiner and hydrogen [and Union Electric Company, Docket No.
has occurred, and they have no bearing on
oxygen] monitor equipment was intended to 50–483, Callaway Plant, Unit 1, the occurrence of such an event themselves,
mitigate a design-basis hydrogen release. The Callaway County, Missouri the proposed changes to the CREVS, CRACS
hydrogen recombiner and hydrogen [and Date of amendment request: June 7, and EES Technical Specifications have no
oxygen] monitor equipment are not impact on the probability of occurrence of an
2006.
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considered accident precursors, nor does FHA. On this basis, the proposed changes do
their existence or elimination have any Description of amendment request:
not involve a significant increase in the
adverse impact on the pre-accident state of The amendment deleted Required probability of an accident previously
the reactor core or post accident confinement Action D.1.2 in Technical Specification evaluated.
of radionuclides within the containment (TS) 3.7.10, ‘‘Control Room Emergency With regard to [the] consequences of
building. Ventilation System (CREVS),’’ and previously evaluated accidents (i.e., an FHA),

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43537

the proposed changes involve no design or Response: No. transients included in the design
physical changes to the EES or any other The calculated radiological dose specification). The SG performance criteria
equipment required for accident mitigation. consequences per the applicable accident are based on tube structural integrity,
With respect to deleting the noted analyses remain bounding since they are not accident induced leakage, and operational
Required Actions (for verifying that the impacted by the proposed changes. The leakage.
operable CREVS/CRACS train is capable of margins [of safety] to the limits of 10 CFR 100 A SG tube rupture (TR) event is one of the
being powered from an emergency power [Title 10 of the Code of Federal Regulations design basis accidents that are analyzed as
source when on CREVS/CRACS train is Part 100] and GDC [General Design Criterion] part of a plant’s licensing basis. In the
inoperable), such a change does not change 19 [of Appendix A to 10 CFR Part 50] are analysis of a SGTR event, a bounding
the Limiting Condition for Operation (LCO) thus unchanged by the proposed changes. primary to secondary leakage rate equal to
requirement for both CREVS/CRACS trains to Therefore, the proposed changes do not the operational leakage rate limits in the
be operable, nor to the LCO requirements of involve a significant reduction in the margin licensing basis plus the leakage rate
the TS requirements pertaining to electrical of safety. associated with a double-ended rupture of a
power sources/support for shutdown single tube is assumed.
conditions. The change to the Required The NRC staff has reviewed the For other design basis accidents such as
Actions would thus not be expected to have licensee’s analysis and, based on this main steam line break (MSLB), rod ejection,
a significant impact on the availability of the review, it appears that the three and reactor coolant pump locked rotor the
CREVS and CRACS. That is, adequate standards of 10 CFR 50.92(c) are tubes are assumed to retain their structural
availability may be still assumed such that satisfied. Therefore, the NRC staff integrity (i.e., they are assumed not to
these systems would continue to be available rupture). These analyses typically assume
to provide their assumed [safety] function for
proposes to determine that the
amendment request involves no that primary to secondary leakage for all SGs
limiting the dose consequences of an FHA in is 1 gallon per minute or increases to 1 gallon
accordance with the accident analysis significant hazards consideration. per minute as a result of accident induced
currently described in the FSAR [Callaway Attorney for licensee: John O’Neill, stresses. The accident induced leakage
Final Safety Analysis Report]. Esq., Pillsbury Winthrop Shaw Pittman criterion introduced by the proposed changes
With respect to the allowed outage time LLP, 2300 N Street, NW., Washington, accounts for tubes that may leak during
(Completion Time) for an inoperable EES DC 20037. design basis accidents. The accident induced
train, the consequences of a postulated NRC Branch Chief: David Terao. leakage criterion limits this leakage to no
accident are not affected by equipment more than the value assumed in the accident
allowed outage times as long as adequate Virginia Electric and Power Company, analysis.
equipment availability is maintained. The Docket Nos. 50–338 and 50–339, North The SG performance criteria proposed
proposed EES allowed outage time is based Anna Power Station, Units No. 1 and change to the TS identify the standards
on the allowed outage time specified in the
Standard Technical Specifications (STS) for
No. 2, Louisa County, Virginia against which tube integrity is to be
measured. Meeting the performance criteria
which it may be presumed that the specified Date of amendment request: May 22, provides reasonable assurance that the SG
allowed outage time (Completion Time) is 2006. tubing will remain capable of fulfilling its
acceptable and supports adequate EES Description of amendment request:
availability. As noted in the STS Bases, the specific safety function of maintaining
The proposed amendment revised reactor coolant pressure boundary integrity
7-day Completion Time for restoring an
inoperable EES train takes into account the Technical Specification (TS) 1.1, throughout each operating cycle and in the
availability of the other train [(i.e., the other ‘‘Definitions,’’ TS 3.4.13, ‘‘RCS unlikely event of a design basis accident. The
train is operable)]. Since the STS-supported Operational LEAKAGE,’’ TS 5.5.8, performance criteria are only a part of the SG
Completion Time supports adequate EES ‘‘Steam Generator (SG) Program,’’ and Program required by the proposed change to
availability, it may be assumed that the EES the TS. The program, defined by NEI 97–06,
TS 5.6.7, ‘‘Steam Generator Tube
function would be available for mitigation of Steam Generator Program Guidelines,
Inspection Report,’’ and adds TS 3.4.20, includes a framework that incorporates a
an FHA, thus limiting offsite dose to within ‘‘Steam Generator (SG) Tube Integrity.’’
the currently calculated [dose consequence] balance of prevention, inspection, evaluation,
The proposed changes are necessary in repair, and leakage monitoring. The proposed
values based on the current accident analysis
[in the FSAR]. On this basis, the order to implement the guidance for the changes do not, therefore, significantly
consequences of applicable, [previously] industry initiative on Nuclear Energy increase the probability of an accident
analyzed accidents (i.e., the FHA) are not Institute (NEI) 97–06, ‘‘Steam Generator previously evaluated.
increased by the proposed change. Program Guidelines.’’ The licensee has The consequences of design basis accidents
Based on the above, the proposed change evaluated whether or not a significant are, in part, functions of the DOSE
does not involve a significant increase in the EQUIVALENT 1–131 in the primary coolant
hazards consideration is involved with
probability or consequences of an accident and the primary to secondary leakage rates
the proposed changes by focusing on the resulting from an accident. Therefore, limits
previously evaluated. three standards set forth in 10 CFR
2. Do the proposed changes create the are included in the plant TS for operational
possibility of a new or different kind of 50.92, ‘‘Issuance of Amendment,’’ as leakage and for DOSE EQUIVALENT 1–131
accident from any accident previously discussed below: in primary coolant to ensure the plant is
evaluated? Basis for proposed no significant operated within its analyzed condition. The
Response: No. hazards consideration determination: typical analysis of the limiting design basis
The proposed changes do not create any As required by 10 CFR 50.91(a), an accident assumes that primary to secondary
new failure modes for any system or analysis of the issue of no significant leak rate after the accident is 1 gallon per
component, nor do they adversely affect hazards consideration is presented minute with no more than 500 gallons per
plant operation. No hardware or design day in any one SG, and that the reactor
below: coolant activity levels of DOSE
changes are involved. Thus, no new
equipment will be added and no new 1. The proposed change does not involve EQUIVALENT 1–131 are at the TS values
limiting single failures must be postulated. a significant increase in the probability or before the accident.
The plant will continue to be operated within consequences of an accident previously The proposed change does not affect the
the envelope of the existing safety analysis evaluated. design of the SGs, their method of operation,
[in the FSAR]. The proposed change requires a SG or primary coolant chemistry controls. The
rwilkins on PROD1PC63 with NOTICES

Therefore, the proposed changes do not Program that includes performance criteria proposed approach updates the current TSs
create [the possibility of] a new or different that will provide reasonable assurance that and enhances the requirements for SG
kind of accident [from any accident] the SG tubing will retain integrity over the inspections. The proposed change does not
previously evaluated. full range of operating conditions (including adversely impact any other previously
3. Do the proposed change[s] involve a startup, operation in the power range, hot evaluated design basis accident and is an
significant reduction in a margin of safety? standby, cooldown and all anticipated improvement over the current TSs.

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43538 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

Therefore, the proposed change does not standards of 50.92(c) are satisfied. NRC Web site, http://www.nrc.gov/
affect the consequences of a SGTR accident Therefore, the NRC staff proposes to reading-rm/adams.html. If you do not
and the probability of such an accident is determine that the amendment request have access to ADAMS or if there are
reduced. In addition, the proposed changes
involves no significant hazards problems in accessing the documents
do not affect the consequences of an MSLB,
rod ejection, or a reactor coolant pump consideration. located in ADAMS, contact the PDR
locked rotor event, or other previously Attorney for licensee: Lillian M. Reference staff at 1 (800) 397–4209,
evaluated accident. Cuoco, Esq., Senior Counsel, Dominion (301) 415–4737 or by E-mail to
2. The proposed change does not create the Resources Services, Inc., Millstone pdr@nrc.gov.
possibility of a new or different kind of Power Station, Building 475, 5th Floor,
accident from any previously evaluated. Rope Ferry Road, Rt. 156, Waterford, Dominion Energy Kewaunee, Inc.,
The proposed performance based Connecticut 06385. Docket No. 50–305, Kewaunee Power
requirements are an improvement over the NRC Branch Chief: Evangelos C. Station, Kewaunee County, Wisconsin
requirements imposed by the current TS. Marinos. Date of application for amendment:
Implementation of the proposed SG Program
February 6, 2006, as supplemented by
will not introduce any adverse changes to the Notice of Issuance of Amendments to
plant design basis or postulated accidents letter dated May 5, 2006.
Facility Operating Licenses Brief description of amendment: The
resulting from potential tube degradation.
The result of the implementation of the SG During the period since publication of proposed amendment added a license
Program will be an enhancement of SG tube the last biweekly notice, the condition to extend certain Technical
performance. Primary to secondary leakage Commission has issued the following Specification (TS) surveillance intervals
that may be experienced during all plant amendments. The Commission has on a one-time basis to account for the
conditions will be monitored to ensure it determined for each of these effects of an extended forced outage in
remains within current accident analysis amendments that the application the spring of 2005.
assumptions. complies with the standards and Date of issuance: July 12, 2006.
The proposed change does not affect the Effective date: As of the date of
requirements of the Atomic Energy Act
design of the SGs, their method of operation,
of 1954, as amended (the Act), and the issuance and shall be implemented
or primary or secondary coolant chemistry
controls. In addition, the proposed change Commission’s rules and regulations. within 60 days.
does not impact any other plant system or The Commission has made appropriate Amendment No.: 187.
component. The change enhances SG findings as required by the Act and the Facility Operating License No. DPR–
inspection requirements. Commission’s rules and regulations in 43: Amendment revised the Facility
Therefore, the proposed change does not 10 CFR Chapter I, which are set forth in Operating License and Technical
create the possibility of a new or different the license amendment. Specifications.
type of accident from any accident Notice of Consideration of Issuance of Date of initial notice in the Federal
previously evaluated. Register: March 14, 2006 (71 FR 13172).
Amendment to Facility Operating
3. The proposed change does not involve The supplemental letter contained
a significant reduction in the margin of License, Proposed No Significant
Hazards Consideration Determination, clarifying information and did not
safety.
and Opportunity for A Hearing in change the initial no significant hazards
The SG tubes in pressurized water reactors
are an integral part of the reactor coolant connection with these actions was consideration determination, and did
pressure boundary and, as such, are relied published in the Federal Register as not expand the scope of the original
upon to maintain the primary system’s indicated. Federal Register notice.
pressure and inventory. As part of the reactor Unless otherwise indicated, the The Commission’s related evaluation
coolant pressure boundary, the SG tubes are Commission has determined that these of the amendment is contained in a
unique in that they are also relied upon as Safety Evaluation dated July 12, 2006.
amendments satisfy the criteria for
a heat transfer surface between the primary No significant hazards consideration
and secondary systems such that residual categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant comments received: No.
heat can be removed from the primary
system. In addition, the SG tubes isolate the to 10 CFR 51.22(b), no environmental Duke Power Company LLC, Docket Nos.
radioactive fission products in the primary impact statement or environmental 50–269, 50–270, and 50–287, Oconee
coolant from the secondary system. In assessment need be prepared for these Nuclear Station, Units 1, 2, and 3,
summary, the safety function of an SG is amendments. If the Commission has Oconee County, South Carolina
maintained by ensuring the integrity of its prepared an environmental assessment
tubes. Date of application of amendments:
under the special circumstances June 15, 2005.
SG tube integrity is a function of the
design, environment, and the physical provision in 10 CFR 51.12(b) and has Brief description of amendments: The
condition of the tube. The proposed change made a determination based on that amendments revised the Technical
does not affect tube design or operating assessment, it is so indicated. Specifications to eliminate the out of
environment. The proposed change is For further details with respect to the date requirements associated with the
expected to result in an improvement in the action see (1) the applications for completion of the Keowee
tube integrity by implementing the SG amendment, (2) the amendment, and (3)
Program to manage SG tube inspection, Refurbishment modifications on both
the Commission’s related letter, Safety Keowee Hydro Units (KHUs).
assessment, repair, and plugging. The Evaluation and/or Environmental
requirements established by the SG Program Date of Issuance: July 11, 2006.
Assessment as indicated. All of these Effective date: As of the date of
are consistent with those in the applicable
design codes and standards and are an items are available for public inspection issuance and shall be implemented
improvement over the requirements in the at the Commission’s Public Document within 30 days from the date of
current TSs. Room (PDR), located at One White Flint issuance.
For the above reasons, the margin of safety North, Public File Area 01F21, 11555 Amendment Nos.: 353, 355, and 354.
is not changed and overall plant safety will Rockville Pike (first floor), Rockville, Renewed Facility Operating License
rwilkins on PROD1PC63 with NOTICES

be enhanced by the proposed change to the Maryland. Publicly available records Nos. DPR–38, DPR–47, and DPR–55:
TS. will be accessible from the Agencywide Amendments revised the Licenses and
The NRC staff has reviewed the Documents Access and Management the Technical Specifications.
licensee’s analysis and, based on this Systems (ADAMS) Public Electronic Date of initial notice in the Federal
review, it appears that the three Reading Room on the internet at the Register: May 9, 2006 (71 FR 26998).

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43539

The Commission’s related evaluation Facility Operating License Nos. DPR– Effective date: As of the date of
of the amendments is contained in a 58 and DPR–74: Amendments revise the issuance and shall be implemented
Safety Evaluation dated July 11, 2006. Technical Specifications and Licenses. within 90 days.
No significant hazards consideration Date of initial notice in the Federal Amendment No.: 223.
comments received: No. Register: April 11, 2006 (71 FR 18374). Facility Operating License No. DPR–
The Commission’s related evaluation 20: Amendment revised the Technical
FirstEnergy Nuclear Operating of the amendment is contained in a Specifications and License.
Company, et al., Docket No. 50–440, Safety Evaluation dated July 5, 2006. Date of initial notice in the Federal
Perry Nuclear Power Plant, Unit 1, Lake No significant hazards consideration Register: May 23, 2006 (71 FR 29679).
County, Ohio comments received: No. The Commission’s related evaluation
Date of application for amendment: of the amendment is contained in a
Nuclear Management Company, Docket
July 5, 2005, as supplemented by letter Safety Evaluation dated July 6, 2006.
No. 50–263, Monticello Nuclear No significant hazards consideration
dated March 22, 2006. Generating Plant (MNGP), Wright
Brief description of amendment: The comments received: No.
County, Minnesota
amendment modified the existing Nuclear Management Company, LLC,
Technical Specification 3.3.1.3, Date of application for amendment:
June 29, 2005, as supplemented by letter Docket Nos. 50–282 and 50–306, Prairie
‘‘Oscillation Power Range Monitor Island Nuclear Generating Plant, Units
(OPRM) Instrumentation,’’ Surveillance dated April 25, 2006.
Brief description of amendment: The 1 and 2, Goodhue County, Minnesota
Requirement 3.3.1.3.5. Specifically, the
thermal power level at which the amendment revised Technical Date of application for amendments:
OPRMs are ‘‘not bypassed’’ (enabled to Specifications Table 3.3.8.1–1, ‘‘Loss of November 11, 2005, supplemented by
perform their design function) will be Power Instrumentation,’’ changing the letter dated March 23, 2006.
change from > 28.6-percent rated allowable values for the 4.16-kV Brief description of amendments: The
thermal power to ≥ 23.8-percent rated essential bus degraded voltage from a amendments revise PINGP’s Technical
thermal power. range of 3897–3933 volts to a range of Specification (TS) 3.6.5, ‘‘Containment
Date of issuance: June 30, 2006. 3913–3927 volts. Spray and Cooling Systems,’’ to
Effective date: As of the date of Date of issuance: July 3, 2006. incorporate changes to an existing
issuance and shall be implemented Effective date: As of the date of condition and two surveillance
within 90 days. issuance and shall be implemented requirements, and also to add a new
concurrently with implementation of condition that will allow continued
Amendment No.: 138.
the Improved Technical Specifications plant operation with TS limitations
Facility Operating License No. NPF–
(Amendment No. 146, dated June 5, when two containment cooling system
58: This amendment revised the
2006). fan coil units, one in each train, are
Technical Specifications and License.
Amendment No: 147. inoperable.
Date of initial notice in the Federal Facility Operating License No. DPR– Date of issuance: June 29, 2006.
Register: August 16, 2005 (70 FR 22: Amendment revised the Facility Effective date: As of the date of
48206). Operating License and Technical issuance and shall be implemented
The March 22, 2006 supplement, Specifications. within 90 days.
contained clarifying information and The supplemental letter contained Amendment Nos.: 173 and 163.
did not change the NRC staff’s initial clarifying information and did not Facility Operating License Nos. DPR–
proposed finding of no significant change the initial no significant hazards 42 and DPR–60: Amendments revised
hazards consideration. consideration determination, and did the Technical Specifications.
The Commission’s related evaluation not expand the scope of the original Date of initial notice in the Federal
of the amendment is contained in a Federal Register notice. Register: February 28, 2006 (71 FR
Safety Evaluation dated June 30, 2006. Date of initial notice in the Federal 10074).
No significant hazards consideration Register: November 23, 2005 (70 FR The supplemental letter contained
comments received: No. 70889). clarifying information and did not
Indiana Michigan Power Company, The Commission’s related evaluation change the initial no significant hazards
Docket Nos. 50–315 and 50–316, Donald of the amendments is contained in a consideration determination and did not
C. Cook Nuclear Plant, Units 1 and 2, Safety Evaluation dated July 3, 2006. expand the scope of the original Federal
Berrien County, Michigan No significant hazards consideration Register notice.
comments received: No. The Commission’s related evaluation
Date of application for amendments: of the amendments is contained in a
March 7, 2006. Nuclear Management Company, LLC,
Safety Evaluation dated June 29, 2006.
Brief description of amendments: The Docket No. 50–255, Palisades Plant, Van
No significant hazards consideration
amendments revised Section 5.5.2, Buren County, Michigan
comments received: No.
‘‘Leakage Monitoring Program,’’ of the Date of application for amendment:
units’’ Technical Specifications, adding February 16, 2006. Pacific Gas and Electric Company,
the Liquid Waste Disposal System, Brief description of amendment: The Docket No. 50–133, Humboldt Bay
Waste Gas System, and Post-Accident amendment revised the Technical Power Plant, Unit 3, Humboldt County,
Containment Hydrogen Monitoring Specifications to make the existing SG California
System to the list of systems. The listing tube surveillance program consistent Date of application for amendment:
of these systems was inadvertently with the Commission’s approved January 19, 2006.
omitted from Section 5.5.2. Technical Specification Task Force Brief description of amendment: The
rwilkins on PROD1PC63 with NOTICES

Date of issuance: July 5, 2006. (TSTF) Standard Technical amendment revises the Humboldt Bay
Effective date: As of the date of Specification Change Traveler, TSTF– Unit 3 Technical Specifications to
issuance and shall be implemented 449, ‘‘Steam Generator Tube Integrity,’’ correct an editorial error and to allow
within 45 days. Revision 4. leaving the Unit 3 control room
Amendment Nos.: 294 and 297. Date of issuance: July 6, 2006. temporarily unmanned during

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43540 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

emergency conditions requiring Southern Nuclear Operating Company, revised the Licenses and the Technical
personnel to evacuate occupied Inc., Docket Nos. 50–348 and 50–364, Specifications.
buildings for their safety. Joseph M. Farley Nuclear Plant, Units 1 Date of initial notice in the Federal
Date of issuance: July 10, 2006. and 2, Houston County, Alabama Register: April 25, 2006 (71 FR 23960).
The Commission’s related evaluation
Effective date: As of the date of Date of amendments request: October of the amendments is contained in a
issuance and shall be implemented 6, 2005, as supplemented April 17, Safety Evaluation dated June 29, 2006.
within 60 days. 2006. No significant hazards consideration
Brief Description of amendments: The comments received: No.
Amendment No.: 38. amendments revised Technical
Facility Operating License No. DPR–7: Specification (TS) Section 5.6.5, ‘‘Core Southern Nuclear Operating Company,
This amendment revised the Technical Operating Limits Report (COLR),’’ to Inc., Docket Nos. 50–424 and 50–425,
Specifications and License. reflect the addition of the methodology Vogtle Electric Generating Plant, Units 1
Date of initial notice in the Federal in WCAP–16009–P–A, ‘‘Realistic Large and 2, Burke County, Georgia
Register: February 28, 2006 (71 FR Break LOCA [Loss-Of-Coolant Accident] Date of application for amendments:
10077). Evaluation Methodology Using the December 16, 2005.
Automated Statistical Treatment of Brief description of amendments: The
The Commission’s related evaluation
Uncertainty Method (ASTRUM),’’ for amendments revised the Technical
of the amendment is contained in a
and provide a new large break LOCA Specifications ACTIONS NOTE for TS
Safety Evaluation dated July 10, 2006.
analyses for Farley Units 1 and 2. 3.7.5, ‘‘Auxiliary Feedwater (AFW)
No significant hazards consideration Date of issuance: July 11, 2006. System,’’ based on Industry/Technical
comments received: No. Effective date: As of the date of Specification Task Force (TSTF)
PPL Susquehanna, LLC, Docket No. 50– issuance and shall be implemented Standard Technical Specification
387 and 50–388, Susquehanna Steam within 60 days from the date of Change Traveler TSTF–359, Revision 9,
Electric Station, Units 1 and 2 (SSES 1 issuance. ‘‘Increased Flexibility in Mode
and 2), Luzerne County, Pennsylvania Amendment Nos.: 174/167. Restraints.’’
Renewed Facility Operating License Date of issuance: July 14, 2006.
Date of application for amendments: Nos. NPF–2 and NPF–8: Amendments Effective date: As of the date of
February 1, 2006, as supplemented on revise the Technical Specifications and issuance and shall be implemented
June 27, 2006. Licenses. within 90 days from the date of
Date of initial notice in the Federal issuance.
Brief description of amendments: The Amendment Nos.: 142 and 122.
amendments revise the Technical Register: November 8, 2005 (70 FR
67751). The supplemental letter Facility Operating License Nos. NPF
Specification (TS) requirements for 68 and NPF–81: Amendments revised
inoperable snubbers by adding limiting provided clarifying information that was
within the scope of the initial notice the Licenses and the Technical
condition for operation 3.0.8 for SSES 1 Specifications.
and 2. This change is based on the TS and did not change the initial proposed
no significant hazards consideration Date of initial notice in the Federal
Task Force (TSTF) change traveler Register: February 14, 2006 (71 FR
TSTF–372, Revision 4. A notice of determination.
The Commission’s related evaluation 7813).
availability for this TS improvement The Commission’s related evaluation
using the consolidated line item of the amendments is contained in a
Safety Evaluation dated July 11, 2006. of the amendments is contained in a
improvement process was published in Safety Evaluation dated July 14, 2006.
the Federal Register on November 24, No significant hazards consideration
No significant hazards consideration
2004, and May 4, 2005. comments received: No.
comments received: No.
Date of issuance: July 7, 2006. Southern Nuclear Operating Company,
Union Electric Company, Docket No.
Inc., Docket Nos. 50–348 and 50–364,
Effective date: As of the date of 50–483, Callaway Plant, Unit 1,
Joseph M. Farley Nuclear Plant, Unit
issuance and to be implemented within Callaway County, Missouri
Nos. 1 and 2, Houston County, Alabama
60 days. Date of application for amendment:
Date of amendments request: May 26, 2005, as supplemented by letter
Amendment Nos.: 236 and 213.
February 17, 2006. dated March 9, 2006.
Facility Operating License Nos. NPF– Brief Description of amendments: The
14 and NPF–22: The amendments Brief description of amendment: The
amendments revised the Technical amendment revised TS 3.7.2, ‘‘Main
revised the Technical Specifications and Specifications (TSs) adding Limiting
License. Steam Isolation Valves (MSIVs),’’ by
Condition for Operation (LCO) 3.0.8 to adding the MSIV actuator trains to (1)
Date of initial notice in the Federal allow a delay time for entering a the limiting condition for operation
Register: April 25, 2006 (71 FR 23959). supported system TS when the (LCO) and (2) the conditions, required
The Commission’s related evaluation inoperability is due solely to an actions, and completion times for the
of the amendments is contained in a inoperable snubber, if risk is assessed LCO. The existing conditions and
Safety Evaluation dated July 7, 2006. and managed consistent with the required actions in TS 3.7.2 are
program in place for complying with the renumbered to account for the new
The supplement dated June 27, 2006, requirements of 10 CFR 50.65(a)(4).
provided additional information that conditions and required actions.
Date of issuance: June 29, 2006. Date of issuance: June 16, 2006.
clarified the application, did not expand Effective date: As of the date of Effective date: As of its date of
the scope of the application as originally issuance and shall be implemented issuance, and shall be implemented
rwilkins on PROD1PC63 with NOTICES

noticed, and did not change the staff’s within 90 days from the date of within 90 days of the date of issuance.
original proposed no significant hazards issuance. Amendment No.: 172.
consideration determination. Amendment Nos.: 173/166. Facility Operating License No. NPF–
No significant hazards consideration Renewed Facility Operating License 30: The amendment revised the
comments received: No. Nos. NPF–2 and NPF–8: Amendments Technical Specifications and License.

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43541

Date of initial notice in the Federal In circumstances where failure to act System’s (ADAMS) Public Electronic
Register: June 21, 2005 (70 FR 35740). in a timely way would have resulted, for Reading Room on the Internet at the
The supplemental letter dated March example, in derating or shutdown of a NRC Web site, http://www.nrc.gov/
9, 2006, provided additional clarifying nuclear power plant or in prevention of reading-rm/adams.html. If you do not
information, did not expand the scope either resumption of operation or of have access to ADAMS or if there are
of the application as originally noticed, increase in power output up to the problems in accessing the documents
and did not change the staff’s original plant’s licensed power level, the located in ADAMS, contact the PDR
proposed no significant hazards Commission may not have had an Reference staff at 1 (800) 397–4209,
consideration determination published opportunity to provide for public (301) 415–4737 or by E-mail to
in the Federal Register. comment on its no significant hazards pdr@nrc.gov.
The Commission’s related evaluation consideration determination. In such The Commission is also offering an
of the amendment is contained in a case, the license amendment has been opportunity for a hearing with respect to
Safety Evaluation dated June 16, 2006. issued without opportunity for the issuance of the amendment. Within
No significant hazards consideration comment. If there has been some time 60 days after the date of publication of
comments received: No. for public comment but less than 30 this notice, the licensee may file a
days, the Commission may provide an request for a hearing with respect to
Notice of Issuance of Amendments to opportunity for public comment. If issuance of the amendment to the
Facility Operating Licenses and Final comments have been requested, it is so subject facility operating license and
Determination of No Significant stated. In either event, the State has any person whose interest may be
Hazards Consideration and been consulted by telephone whenever affected by this proceeding and who
Opportunity for a Hearing (Exigent possible. wishes to participate as a party in the
Public Announcement or Emergency Under its regulations, the Commission proceeding must file a written request
Circumstances) may issue and make an amendment for a hearing and a petition for leave to
During the period since publication of immediately effective, notwithstanding intervene. Requests for a hearing and a
the last biweekly notice, the the pendency before it of a request for petition for leave to intervene shall be
Commission has issued the following a hearing from any person, in advance filed in accordance with the
amendments. The Commission has of the holding and completion of any Commission’s ‘‘Rules of Practice for
determined for each of these required hearing, where it has Domestic Licensing Proceedings’’ in 10
determined that no significant hazards CFR Part 2. Interested persons should
amendments that the application for the
consideration is involved. consult a current copy of 10 CFR 2.309,
amendment complies with the
The Commission has applied the which is available at the Commission’s
standards and requirements of the standards of 10 CFR 50.92 and has made PDR, located at One White Flint North,
Atomic Energy Act of 1954, as amended a final determination that the Public File Area 01F21, 11555 Rockville
(the Act), and the Commission’s rules amendment involves no significant Pike (first floor), Rockville, Maryland,
and regulations. The Commission has hazards consideration. The basis for this and electronically on the Internet at the
made appropriate findings as required determination is contained in the NRC Web site, http://www.nrc.gov/
by the Act and the Commission’s rules documents related to this action. reading-rm/doc-collections/cfr/. If there
and regulations in 10 CFR Chapter I, Accordingly, the amendments have are problems in accessing the document,
which are set forth in the license been issued and made effective as contact the PDR Reference staff at 1
amendment. indicated. (800) 397–4209, (301) 415–4737, or by
Because of exigent or emergency Unless otherwise indicated, the E-mail to pdr@nrc.gov. If a request for a
circumstances associated with the date Commission has determined that these hearing or petition for leave to intervene
the amendment was needed, there was amendments satisfy the criteria for is filed by the above date, the
not time for the Commission to publish, categorical exclusion in accordance Commission or a presiding officer
for public comment before issuance, its with 10 CFR 51.22. Therefore, pursuant designated by the Commission or by the
usual Notice of Consideration of to 10 CFR 51.22(b), no environmental Chief Administrative Judge of the
Issuance of Amendment, Proposed No impact statement or environmental Atomic Safety and Licensing Board
Significant Hazards Consideration assessment need be prepared for these Panel, will rule on the request and/or
Determination, and Opportunity for a amendments. If the Commission has petition; and the Secretary or the Chief
Hearing. prepared an environmental assessment Administrative Judge of the Atomic
For exigent circumstances, the under the special circumstances Safety and Licensing Board will issue a
Commission has either issued a Federal provision in 10 CFR 51.12(b) and has notice of a hearing or an appropriate
Register notice providing opportunity made a determination based on that order.
for public comment or has used local assessment, it is so indicated. As required by 10 CFR 2.309, a
media to provide notice to the public in For further details with respect to the petition for leave to intervene shall set
the area surrounding a licensee’s facility action see (1) The application for forth with particularity the interest of
of the licensee’s application and of the amendment, (2) the amendment to the petitioner in the proceeding, and
Commission’s proposed determination Facility Operating License, and (3) the how that interest may be affected by the
of no significant hazards consideration. Commission’s related letter, Safety results of the proceeding. The petition
The Commission has provided a Evaluation and/or Environmental should specifically explain the reasons
reasonable opportunity for the public to Assessment, as indicated. All of these why intervention should be permitted
comment, using its best efforts to make items are available for public inspection with particular reference to the
available to the public means of at the Commission’s Public Document following general requirements: (1) The
communication for the public to Room (PDR), located at One White Flint name, address, and telephone number of
rwilkins on PROD1PC63 with NOTICES

respond quickly, and in the case of North, Public File Area 01F21, 11555 the requestor or petitioner; (2) the
telephone comments, the comments Rockville Pike (first floor), Rockville, nature of the requestor’s/petitioner’s
have been recorded or transcribed as Maryland. Publicly available records right under the Act to be made a party
appropriate and the licensee has been will be accessible from the Agencywide to the proceeding; (3) the nature and
informed of the public comments. Documents Access and Management extent of the requestor’s/petitioner’s

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43542 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices

property, financial, or other interest in petitioner/requestor who seeks to adopt Exelon Generation Company, LLC,
the proceeding; and (4) the possible the contention must either agree that the Docket No. 50–353, Limerick Generating
effect of any decision or order which sponsoring petitioner/requestor shall act Station (LGS), Unit 2, Montgomery
may be entered in the proceeding on the as the representative with respect to that County, Pennsylvania
requestor’s/petitioner’s interest. The contention, or jointly designate with the
petition must also identify the specific Date of amendment request: June 9,
sponsoring petitioner/requestor a
contentions which the petitioner/ 2006, as supplemented June 16, and
representative who shall have the
requestor seeks to have litigated at the June 23, 2006.
authority to act for the petitioners/
proceeding. requestors with respect to that Description of amendment request:
Each contention must consist of a contention. The one-time amendment revises
specific statement of the issue of law or Technical Specification (TS) Limiting
fact to be raised or controverted. In Those permitted to intervene become Condition for Operation 3.6.1.7
addition, the petitioner/requestor shall parties to the proceeding, subject to any concerning drywell average air
provide a brief explanation of the bases limitations in the order granting leave to temperature. Specifically, the proposed
for the contention and a concise intervene, and have the opportunity to change would add a footnote to the TS
statement of the alleged facts or expert participate fully in the conduct of the limit for drywell average air temperature
opinion which support the contention hearing. Since the Commission has of 145 degrees Fahrenheit (°F) to allow
and on which the petitioner intends to made a final determination that the continued operation of LGS, Unit 2,
rely in proving the contention at the amendment involves no significant with drywell average air temperature no
hearing. The petitioner must also hazards consideration, if a hearing is greater than 148 °F for the remainder of
provide references to those specific requested, it will not stay the the current operating cycle (Cycle 9),
sources and documents of which the effectiveness of the amendment. Any which is currently scheduled to end in
petitioner is aware and on which the hearing held would take place while the March 2007, or until the next shutdown
petitioner intends to rely to establish amendment is in effect. of sufficient duration to allow for unit
those facts or expert opinion. The A request for a hearing or a petition cooler fan repairs, whichever comes
petition must include sufficient for leave to intervene must be filed by: first.
information to show that a genuine (1) First class mail addressed to the Date of issuance: July 7, 2006.
dispute exists with the applicant on a Office of the Secretary of the Effective date: As of date of issuance,
material issue of law or fact.1 Commission, U.S. Nuclear Regulatory to be implemented within 14 days.
Contentions shall be limited to matters Commission, Washington, DC 20555– Amendment No.: 145.
within the scope of the amendment 0001, Attention: Rulemaking and Facility Operating License No. NPF–
under consideration. The contention Adjudications Staff; (2) courier, express 85: The amendment revises the
must be one which, if proven, would mail, and expedited delivery services: Technical Specifications and License.
entitle the petitioner to relief. A Office of the Secretary, Sixteenth Floor,
petitioner/requestor who fails to satisfy One White Flint North, 11555 Rockville Public comments requested as to
these requirements with respect to at Pike, Rockville, Maryland, 20852, proposed no significant hazards
least one contention will not be Attention: Rulemaking and consideration (NSHC): Yes. June 20,
permitted to participate as a party. Adjudications Staff; (3) E-mail 2006 (71 FR 35453). The notice
Each contention shall be given a addressed to the Office of the Secretary, provided an opportunity to submit
separate numeric or alpha designation U.S. Nuclear Regulatory Commission, comments on the Commission’s
within one of the following groups: HearingDocket@nrc.gov; or (4) facsimile proposed NSHC determination. No
1. Technical—primarily concerns/ transmission addressed to the Office of comments have been received. The
issues relating to technical and/or the Secretary, U.S. Nuclear Regulatory notice also provided an opportunity to
health and safety matters discussed or Commission, Washington, DC, request a hearing by July 5, 2006, but
referenced in the applications. Attention: Rulemakings and indicated that if the Commission makes
2. Environmental—primarily Adjudications Staff at (301) 415–1101, a final NSHC determination, any such
concerns/issues relating to matters verification number is (301) 415–1966. hearing would take place after issuance
discussed or referenced in the A copy of the request for hearing and of the amendment.
environmental analysis for the petition for leave to intervene should The Commission’s related evaluation
applications. also be sent to the Office of the General of the amendment, finding of exigent
3. Miscellaneous—does not fall into Counsel, U.S. Nuclear Regulatory circumstances, state consultation, and
one of the categories outlined above. Commission, Washington, DC 20555– final NSHC determination are contained
As specified in 10 CFR 2.309, if two 0001, and it is requested that copies be in a safety evaluation dated July 7, 2006.
or more petitioners/requestors seek to transmitted either by means of facsimile The supplements dated June 16 and
co-sponsor a contention, the petitioners/ transmission to (301) 415–3725 or by E- June 23, 2006, provided additional
requestors shall jointly designate a mail to OGCMailCenter@nrc.gov. A copy information that clarified the
representative who shall have the of the request for hearing and petition application, did not expand the scope of
authority to act for the petitioners/ for leave to intervene should also be the application as originally noticed,
requestors with respect to that sent to the attorney for the licensee. and did not change the staff’s original
contention. If a petitioner/requestor proposed no significant hazards
seeks to adopt the contention of another Nontimely requests and/or petitions
consideration determination.
sponsoring petitioner/requestor, the and contentions will not be entertained
absent a determination by the Attorney for licensee: Mr. Brad
Commission or the presiding officer or Fewell, Assistant General Counsel,
rwilkins on PROD1PC63 with NOTICES

1 To the extent that the applications contain

attachments and supporting documents that are not the Atomic Safety and Licensing Board Exelon Generation Company, LLC, 200
publicly available because they are asserted to that the petition, request and/or the Exelon Way, Kennett Square, PA 19348.
contain safeguards or proprietary information, NRC Branch Chief: Darrell J. Roberts.
petitioners desiring access to this information
contentions should be granted based on
should contact the applicant or applicant’s counsel a balancing of the factors specified in 10 Dated at Rockville, Maryland, this 25th day
and discuss the need for a protective order. CFR 2.309(a)(1)(i)–(viii). of July, 2006.

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Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices 43543

For the Nuclear Regulatory Commission. Subcommittee by the July 20, 2006, Committee (TPSC) has initiated a review
Cornelius F. Holden, deadline. Such documentation may in order to make a recommendation to
Deputy Director, Division of Operating include a copy of the original e-mail the President as to whether East Timor
Reactor Licensing, Office of Nuclear Reactor transmitting the petition, indicating the meets the eligibility criteria of the GSP
Regulation. original date and time, from a ‘‘sent statute, as set out below. After
[FR Doc. 06–6597 Filed 7–31–06; 8:45 am] message’’ folder. The deadline for re- considering the eligibility criteria, the
BILLING CODE 7590–01–P submitting any petitions meeting these President is authorized to designate East
criteria is 5 p.m., August 11, 2006. Timor as a least developed beneficiary
Public Review: Public versions of all developing country for purposes of the
OFFICE OF THE UNITED STATES documents relating to the 2006 Annual GSP.
TRADE REPRESENTATIVE Review will be available for Interested parties are invited to
examination on or before August 21, submit comments regarding the
Generalized System of Preferences 2006, by appointment, in the USTR eligibility of East Timor for designation
(GSP): Notice of Difficulty in Receiving public reading room, 1724 F Street, as a least developed beneficiary
Petitions for the 2006 Annual GSP NW., Washington, DC. Appointments developing country. Documents should
Product and Country Practices Review may be made from 9:30 a.m. to noon be submitted in accordance with the
and 1 p.m. to 4 p.m., Monday through instructions below to be considered in
AGENCY: Office of the United States Friday, by calling (202) 395–6186.
Trade Representative. this review.
ACTION: Notice of difficulty in receiving Marideth Sandler, Eligibility Criteria
petitions for the 2006 Annual GSP Executive Director GSP, Chairman, GSP
The trade benefits of the GSP program
Product and Country Practices Review. Subcommittee of the Trade Policy Staff
Committee. are available to any country that the
SUMMARY: This notice identifies those President designates as a GSP
[FR Doc. E6–12313 Filed 7–31–06; 8:45 am]
petitions that the Office of the United ‘‘beneficiary developing country.’’
BILLING CODE 3190–W6–P
States Trade Representative (USTR) Additional trade benefits under the GSP
received by the deadline of July 20, are available to any country that the
2006, for consideration in the 2006 OFFICE OF THE UNITED STATES President designates as a GSP ‘‘least-
Annual Review. Because of technical TRADE REPRESENTATIVE developed beneficiary developing
difficulties in receiving petitions, USTR country.’’ In designating countries as
requests parties who submitted petitions Generalized System of Preferences GSP beneficiary developing countries,
prior to July 20, 2006, to review the list (GSP): Initiation of a Review To the President must consider the criteria
of petitioners included in the Consider the Designation of East in sections 502(b)(2) and 502(c) of the
SUPPLEMENTARY INFORMATION and to Timor as a Least Developed Trade Act of 1974, as amended (19
notify the USTR of any petitions that Beneficiary Developing Country Under U.S.C. 2462(b)(2), 2462(c)) (‘‘the Act’’).
were submitted to the GSP the GSP Section 502(b)(2) provides that a
Subcommittee by 5 p.m., July 20, 2006, country is ineligible for designation if:
AGENCY: Office of the United States 1. Such country is a Communist
but not included in that list. Trade Representative.
FOR FURTHER INFORMATION CONTACT: The
country, unless—
ACTION: Notice and solicitation of public (a) The products of such country
GSP Subcommittee of the Trade Policy comment. receive nondiscriminatory treatment, (b)
Staff Committee, Office of the United
Such country is a WTO Member (as
States Trade Representative, 1724 F SUMMARY: This notice announces the
such term is defined in section 2(10) of
Street, NW., Room F–220, Washington, initiation of a review to consider the
the Uruguay Round Agreements Act) (19
DC 20508. The telephone number is designation of East Timor as a least
U.S.C. 3501(10)) and a member of the
(202) 395–6971, the facsimile number is developed beneficiary developing
country under the GSP program and International Monetary Fund, and (c)
(202) 395–9481, and the e-mail address
solicits public comment relating to the Such country is not dominated or
is FR0618@USTR.EOP.GOV.
designation criteria. Comments are due controlled by international communism.
SUPPLEMENTARY INFORMATION: On June 2. Such country is a party to an
29, 2006, USTR published a request for on August 25, 2006, in accordance with
arrangement of countries and
petitions for the 2006 Annual GSP the requirements for submissions,
participates in any action pursuant to
Product and Country Practices Review explained below.
such arrangement, the effect of which
(71 FR 37129, June 29, 2006). Because ADDRESSES: Submit comments by
is—
of technical problems, USTR may not electronic mail (e-mail) to: (a) To withhold supplies of vital
have received all the petitions which FR0618@ustr.eop.gov. For assistance or commodity resources from international
were submitted. We did receive if unable to submit comments by e-mail, trade or to raise the price of such
petitions from the following parties: contact the GSP Subcommittee, Office of commodities to an unreasonable level,
ANFACER (Brazilian Association of the United States Trade Representative; and (b) To cause serious disruption of
Ceramic Tile Manufacturers), The Home USTR Annex, Room F–220; 1724 F the world economy.
Depot, the International Intellectual Street, NW., Washington, DC 20508 3. Such country affords preferential
Property Association (IIPA), AFL–CIO, (Tel. 202–395–6971). treatment to the products of a developed
and R&J Trading International FOR FURTHER INFORMATION CONTACT: country, other than the United States,
Company, Inc. Parties that can verify Contact the GSP Subcommittee, Office which has, or is likely to have, a
submission of a petition not included in of the United States Trade significant adverse effect on United
this list should call the GSP Representative; USTR Annex, Room F– States commerce.
rwilkins on PROD1PC63 with NOTICES

Subcommittee at (202) 395–6971 and 220; 1724 F Street, NW., Washington, 4. Such country—
then resubmit the petition to DC 20508 (Telephone: 202–395–6971, (a) Has nationalized, expropriated, or
FR0618@USTR.EOP.GOV. Parties must Facsimile: 202–395–9481). otherwise seized ownership or control
also include proof that the petition was SUPPLEMENTARY INFORMATION: The GSP of property, including patents,
transmitted by e-mail to the GSP Subcommittee of the Trade Policy Staff trademarks, or copyrights, owned by a

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