Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 16091

NUCLEAR REGULATORY COMMISSION [NRC–2012–0068]

Order Modifying Licenses With Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Effective Immediately)

In the Matter of: ALL POWER REACTOR LICENSEES AND HOLDERS OF CON- Docket Nos. (as shown in Attachment 1) License Nos. (as shown in STRUCTION PERMITS IN ACTIVE OR DEFERRED STATUS. Attachment 1) or Construction Permit Nos. (as shown in Attach- ment 1)) EA–12–049

I Approximately 40 minutes following As directed by the Commission’s staff the earthquake and shutdown of the requirements memorandum (SRM) for The Licensees and construction SECY–11–0093, the NRC staff reviewed 1 operating units, the first large tsunami permits (CP) holders identified in wave inundated the site, followed by the NTTF recommendations within the Attachment 1 to this Order hold licenses additional waves. The tsunami caused context of the NRC’s existing regulatory and CPs issued by the U.S. Nuclear extensive damage to site facilities and framework and considered the various Regulatory Commission (NRC or resulted in a complete loss of all ac regulatory vehicles available to the NRC Commission) authorizing operation and/ electrical power at Units 1 through 5, a to implement the recommendations. or construction of plants condition known as station blackout. In SECY–11–0124 and SECY–11–0137 in accordance with the Atomic Energy addition, all direct current electrical established the staff’s prioritization of Act of 1954, as amended, and Title 10 power was lost early in the event on the recommendations based upon the of the Code of Federal Regulations (10 Units 1 and 2 and after some period of potential safety enhancements. CFR) Part 50, ‘‘Domestic Licensing of time at the other units. Unit 6 retained Since receiving the Commission’s Production and Utilization Facilities,’’ the function of one air-cooled EDG. direction in SRM–SECY–11–0124 and and Part 52, ‘‘Licenses, Certifications, Despite their actions, the operators lost SRM–SECY–11–0137, the NRC staff and Approvals for Nuclear Power the ability to cool the fuel in the Unit conducted public meetings to discuss Plants.’’ 1 reactor after several hours, in the Unit enhanced mitigation strategies intended II 2 reactor after about 70 hours, and in the to maintain or restore core cooling, Unit 3 reactor after about 36 hours, containment, and SFP cooling On March 11, 2011, a magnitude 9.0 resulting in damage to the nuclear fuel capabilities following beyond-design- earthquake struck off the coast of the shortly after the loss of cooling basis external events. At these meetings, Japanese island of Honshu. The capabilities. the industry described its proposal for a earthquake resulted in a large tsunami, Diverse and Flexible Mitigation estimated to have exceeded 14 meters Following the events at the Capability (FLEX), as documented in the (45 feet) in height, that inundated the Fukushima Dai-ichi nuclear power Nuclear Energy Institute’s (NEI’s) letter Fukushima Dai-ichi plant, the NRC established a senior-level dated December 16, 2011 (Agency site. The earthquake and tsunami agency task force referred to as the Near- Documents Access and Management produced widespread devastation across Term Task Force (NTTF). The NTTF System (ADAMS) Accession No. northeastern Japan and significantly was tasked with conducting a ML11353A008). FLEX is proposed as a affected the infrastructure and industry systematic and methodical review of the strategy to fulfill the key safety in the northeastern coastal areas of NRC regulations and processes and functions of core cooling, containment Japan. determining if the agency should make integrity, and spent fuel cooling. additional improvements to these When the earthquake occurred, Stakeholder input influenced the staff to programs in light of the events at Fukushima Dai-ichi Units 1, 2, and 3 pursue a more performance-based Fukushima Dai-ichi. As a result of this were in operation and Units 4, 5, and 6 approach to improve the safety of review, the NTTF developed a were shut down for routine refueling operating power reactors than comprehensive set of recommendations, and maintenance activities. The Unit 4 envisioned in NTTF Recommendation documented in SECY–11–0093, ‘‘Near- reactor fuel was offloaded to the Unit 4 4.2, SECY–11–0124, and SECY–11– Term Report and Recommendations for spent fuel pool (SFP). Following the 0137. Agency Actions Following the Events in Current regulatory requirements and earthquake, the three operating units Japan,’’ dated July 12, 2011. These existing plant capabilities allow the automatically shut down and offsite recommendations were enhanced by the NRC to conclude that a sequence of power was lost to the entire facility. The NRC staff following interactions with events such as the Fukushima Dai-ichi emergency diesel generators (EDGs) stakeholders. Documentation of the accident is unlikely to occur in the U.S. started at all six units providing staff’s efforts is contained in SECY–11– Therefore, continued operation and alternating current (ac) electrical power 0124, ‘‘Recommended Actions to be continued licensing activities do not to critical systems at each unit. The Taken Without Delay From the Near- pose an imminent threat to public facility response to the earthquake Term Task Force Report,’’ dated health and safety. However, NRC’s appears to have been normal. September 9, 2011, and SECY–11–0137, assessment of new insights from the ‘‘Prioritization of Recommended events at Fukushima Dai-ichi leads the 1 CP holders, as used in this Order, includes CPs, staff to conclude that additional in active or deferred status, as identified in Actions to be Taken in Response to Attachment 1 to this Order (i.e., Watts Bar, Unit 2; Fukushima Lessons Learned,’’ dated requirements must be imposed on and Bellefonte, Units 1 and 2) October 3, 2011. Licensees or CP holders to increase the

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capability of nuclear power plants to accident occur; and (3) emergency beyond design basis external events, mitigate beyond-design-basis external preparedness programs that include this Order requires strategies with events. These additional requirements measures such as sheltering and increased capacity to implement are needed to provide adequate evacuation. The defense-in-depth protective actions concurrently at protection to public health and safety, strategy also provides for multiple multiple units at a site. The strategies as set forth in Section III of this Order. physical barriers to contain the shall be developed to add multiple ways Guidance and strategies required by radioactive materials in the event of an to maintain or restore core cooling, this Order would be available if the loss accident. The barriers are the fuel containment and SFP cooling of power, motive force, and normal cladding, the reactor coolant pressure capabilities in order to improve the access to the ultimate heat sink to boundary, and the containment. These defense-in-depth of licensed nuclear prevent fuel damage in the reactor and defense-in-depth features are embodied power reactors. SFP, affected all units at a site in the existing regulatory requirements The Commission has determined that simultaneously. This Order requires a and thereby provide adequate protection ensuring adequate protection of public three-phase approach for mitigating of the public health and safety. health and safety requires that power beyond-design-basis external events. Following the events of September 11, reactor Licensees and CP holders The initial phase requires the use of 2001, the NRC issued Order EA–02–026, develop, implement and maintain installed equipment and resources to dated February 25, 2002, which guidance and strategies to restore or maintain or restore core cooling, required Licensees to develop mitigating maintain core cooling, containment, and containment, and SFP cooling. The strategies related to the key safety SFP cooling capabilities in the event of transition phase requires providing functions of core cooling, containment, a beyond-design-basis external event. sufficient, portable, onsite equipment and SFP cooling. NEI Document 06–12, These new requirements provide a and consumables to maintain or restore ‘‘B.5.b Phase 2 & 3 Submittal Guideline’’ greater mitigation capability consistent these functions until they can be (ADAMS Accession No. ML070090060) with the overall defense-in-depth accomplished with resources brought provides guidelines that describe the philosophy, and, therefore, greater from off site. The final phase requires necessary mitigating strategies. The NRC assurance that the challenges posed by obtaining sufficient offsite resources to endorsed these guidelines in a letter beyond-design-basis external events to sustain those functions indefinitely. dated December 22, 2006, designated as power reactors do not pose an undue Additional details on an acceptable Official Use Only. Those mitigating risk to public health and safety. In order approach for complying with this Order strategies were developed in the context to provide reasonable assurance of will be contained in final Interim Staff of a localized event that was envisioned adequate protection of public health and Guidance (ISG) scheduled to be issued to challenge portions of a single unit. safety, all operating reactor licenses and by the NRC in August 2012. This The events at Fukushima, however, CPs under Part 50 identified in guidance will also include a template to demonstrate that beyond-design-basis Attachment 1 to this Order shall be be used for the plan that will be external events may adversely affect: (1) modified to include the requirements submitted in accordance with Section More than one unit at a site with two identified in Attachment 2 to this Order. IV, Condition C.1 below. or more units, and (2) multiple safety All combined licenses (COLs) under 10 III functions at each of several units CFR part 52 identified in Attachment 1 located on the same site. to this Order shall be modified to Reasonable assurance of adequate The events at Fukushima further include the requirements identified in protection of the public health and highlight the possibility that extreme Attachment 3 to this Order. safety and assurance of the common natural phenomena could challenge the Accordingly, the NRC has concluded defense and security are the prevention, mitigation, and emergency that these measures are necessary to fundamental NRC regulatory objectives. preparedness defense-in-depth layers. ensure adequate protection of public Compliance with NRC requirements To address the uncertainties associated health and safety under the provisions plays a critical role in giving the NRC with beyond-design-basis external of the backfit rule, 10 CFR confidence that Licensees or CP holders events, the NRC is requiring additional 50.109(a)(4)(ii), and is requiring are maintaining an adequate level of defense-in-depth measures at licensed Licensee or CP holder action. In public health and safety and common nuclear power reactors so that the NRC addition, pursuant to 10 CFR 2.202, the defense and security. While compliance can continue to have reasonable NRC finds that the public health, safety with NRC requirements presumptively assurance of adequate protection of and interest require that this Order be assures adequate protection, new public health and safety in mitigating made immediately effective. information may reveal that additional the consequences of a beyond-design- requirements are warranted. In such basis external event. IV situations, the Commission may act in The strategies and guidance Accordingly, pursuant to Sections accordance with its statutory authority developed and implemented by 161b, 161i, 161o, and 182 of the Atomic under Section 161 of the Atomic Energy Licensees or CP holders in response to Energy Act of 1954, as amended, and Act of 1954, as amended, to require the requirements imposed by this Order the Commission’s regulations in 10 CFR Licensees or CP holders to take action will provide the necessary capabilities 2.202, and 10 CFR Parts 50 and 52, it is in order to protect health and safety and to supplement those of the permanently hereby ordered, effective immediately, common defense and security. installed plant structures, systems, and that all licenses and construction To protect public health and safety components that could become permits identified in attachment 1 to from the inadvertent release of unavailable following beyond-design- this order are modified as follows: radioactive materials, the NRC’s basis external events. These strategies A. 1. All holders of CPs issued under defense-in-depth strategy includes and guidance will enhance the safety Part 50 shall, notwithstanding the multiple layers of protection: (1) and preparedness capabilities provisions of any Commission Prevention of accidents by virtue of the established following September 11, regulation or CPs to the contrary, design, construction, and operation of 2001, and codified as 10 CFR comply with the requirements described the plant; (2) mitigation features to 50.54(hh)(2). In order to address the in Attachment 2 to this Order except to prevent radioactive releases should an potential for more widespread effects of the extent that a more stringent

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requirement is set forth in the CP. These Licensee or CP holder must supplement for the extension. The answer may CP holders shall complete full its response to Condition B.1 of this consent to this Order. implementation prior to issuance of an Order to identify the condition as a If a hearing is requested by a Licensee, operating license. requirement with which it cannot CP holder or a person whose interest is 2. All holders of operating licenses comply, with attendant justifications as adversely affected, the Commission will issued under Part 50 shall, required in Condition B.1. issue an Order designating the time and notwithstanding the provisions of any C.1. a. All holders of operating place of any hearings. If a hearing is Commission regulation or license to the licenses issued under Part 50 shall by held, the issue to be considered at such contrary, comply with the requirements February 28, 2013, submit to the hearing shall be whether this Order described in Attachment 2 to this Order Commission for review an overall should be sustained. Pursuant to 10 CFR except to the extent that a more integrated plan including a description 2.202(c)(2)(i), the licensee, CP holder or stringent requirement is set forth in the of how compliance with the any other person adversely affected by license. These Licensees shall promptly requirements described in Attachment 2 this Order, may, in addition to start implementation of the will be achieved. demanding a hearing, at the time the requirements in Attachment 2 to the b. All holders of CPs issued under answer is filed or sooner, move the Order and shall complete full Part 50 or COLs issued under Part 52 presiding officer to set aside the implementation no later than two (2) shall, within one (1) year after issuance immediate effectiveness of the Order on refueling cycles after submittal of the of the final ISG, submit to the the ground that the Order, including the overall integrated plan, as required in Commission for review an overall need for immediate effectiveness, is not Condition C.1.a, or December 31, 2016, integrated plan including a description based on adequate evidence but on mere whichever comes first. of how compliance with the suspicion, unfounded allegations, or 3. All holders of COLs issued under requirements described in Attachment 2 error. Part 52 shall, notwithstanding the All documents filed in NRC or Attachment 3 will be achieved. provisions of any Commission adjudicatory proceedings, including a 2. All Licensees and holders of CPs regulation or license to the contrary, request for hearing, a petition for leave shall provide an initial status report comply with the requirements described to intervene, any motion or other sixty (60) days following issuance of the in Attachment 3 to this Order except to document filed in the proceeding prior final ISG and at six (6)-month intervals the extent that a more stringent to the submission of a request for requirement is set forth in the license. following submittal of the overall hearing or petition to intervene, and These Licensees shall promptly start integrated plan, as required in documents filed by interested implementation of the requirements in Condition C.1, which delineates governmental entities participating Attachment 3 to the Order and shall progress made in implementing the under 10 CFR 2.315(c), must be filed in complete full implementation prior to requirements of this Order. accordance with the NRC E-Filing rule initial fuel load. 3. All Licensees and CP holders shall (72 FR 49139, August 28, 2007). The E- B.1. All Licensees and CP holders report to the Commission when full Filing process requires participants to shall, within twenty (20) days of the compliance with the requirements submit and serve all adjudicatory date of this Order, notify the described in Attachment 2 or documents over the internet, or in some Commission, (1) if they are unable to Attachment 3 is achieved. cases to mail copies on electronic comply with any of the requirements Licensee or CP holders responses to storage media. Participants may not described in Attachment 2 or Conditions B.1, B.2, C.1, C.2, and C.3, submit paper copies of their filings Attachment 3, (2) if compliance with above shall be submitted in accordance unless they seek an exemption in any of the requirements is unnecessary with 10 CFR 50.4 and 10 CFR 52.3, as accordance with the procedures in their specific circumstances, or (3) if applicable. described below. implementation of any of the As applicable, the Director, Office of To comply with the procedural requirements would cause the Licensee Regulation or the requirements of E-Filing, at least 10 or CP holder to be in violation of the Director, Office of New Reactors may, in days prior to the filing deadline, the provisions of any Commission writing, relax or rescind any of the participant should contact the Office of regulation or the facility license. The above conditions upon demonstration the Secretary by email at notification shall provide the Licensee’s by the Licensee or CP holder of good [email protected], or by telephone or CP holder’s justification for seeking cause. at (301) 415–1677, to request (1) a relief from or variation of any specific digital ID certificate, which allows the V requirement. participant (or its counsel or 2. Any Licensee or CP holder that In accordance with 10 CFR 2.202, the representative) to digitally sign considers that implementation of any of Licensee or CP holder must, and any documents and access the E-Submittal the requirements described in other person adversely affected by this server for any proceeding in which it is Attachment 2 or Attachment 3 to this Order may, submit an answer to this participating; and (2) advise the Order would adversely impact safe and Order, and may request a hearing on Secretary that the participant will be secure operation of the facility must this Order, within 20 days of the date of submitting a request or petition for notify the Commission, within twenty this Order. Where good cause is shown, hearing (even in instances in which the (20) days of this Order, of the adverse consideration will be given to extending participant, or its counsel or safety impact, the basis for its the time to answer or to request a representative, already holds an NRC- determination that the requirement has hearing. A request for extension of time issued digital ID certificate). Based upon an adverse safety impact, and either a in which to submit an answer or request this information, the Secretary will proposal for achieving the same a hearing must be made in writing to the establish an electronic docket for the objectives specified in Attachment 2 or Director, Office of Nuclear Reactor hearing in this proceeding if the Attachment 3 requirement in question, Regulation or to the Director, Office of Secretary has not already established an or a schedule for modifying the facility New Reactors, U.S. Nuclear Regulatory electronic docket. to address the adverse safety condition. Commission, Washington, DC 20555, Information about applying for a If neither approach is appropriate, the and include a statement of good cause digital ID certificate is available on

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NRC’s public Web site at http:// A person filing electronically using copyrighted materials in their www.nrc.gov/site-help/e-submittals/ the agency’s adjudicatory E-Filing submission. apply-certificates.html. System system may seek assistance by If a person other than the Licensee or requirements for accessing the E- contacting the NRC Meta System Help CP holder requests a hearing, that Submittal server are detailed in NRC’s Desk through the ‘‘Contact Us’’ link person shall set forth with particularity ‘‘Guidance for Electronic Submission,’’ located on the NRC Web site at http:// the manner in which his interest is which is available on the agency’s www.nrc.gov/site-help/e- adversely affected by this Order and public Web site at http://www.nrc.gov/ submittals.html, by email at shall address the criteria set forth in 10 site-help/e-submittals.html. Participants [email protected], or by a toll- CFR 2.309(d). may attempt to use other software not free call at (866) 672–7640. The NRC In the absence of any request for listed on the web site, but should note Meta System Help Desk is available hearing, or written approval of an that the NRC’s E-Filing system does not between 8 a.m. and 8 p.m., Eastern extension of time in which to request a Time, Monday through Friday, support unlisted software, and the NRC hearing, the provisions specified in excluding government holidays. Meta System Help Desk will not be able Section IV above shall be final twenty to offer assistance in using unlisted Participants who believe that they have a good cause for not submitting (20) days from the date of this Order software. without further order or proceedings. If If a participant is electronically documents electronically must file an exemption request, in accordance with an extension of time for requesting a submitting a document to the NRC in hearing has been approved, the accordance with the E-Filing rule, the 10 CFR 2.302(g), with their initial paper filing requesting authorization to provisions specified in Section IV shall participant must file the document be final when the extension expires if a using the NRC’s online, web-based continue to submit documents in paper format. Such filings must be submitted hearing request has not been received. submission form. In order to serve An answer or a request for hearing shall documents through the Electronic by: (1) First class mail addressed to the Office of the Secretary of the not stay the immediate effectiveness of Information Exchange, users will be this order. required to install a web browser plug- Commission, U.S. Nuclear Regulatory in from the NRC web site. Further Commission, Washington, DC 20555– For The Nuclear Regulatory Commission. information on the web-based 0001, Attention: Rulemaking and Dated this 12th day of March 2012. submission form, including the Adjudications Staff; or (2) courier, Eric J. Leeds, express mail, or expedited delivery installation of the Web browser plug-in, Director, Office of Nuclear Reactor service to the Office of the Secretary, is available on the NRC’s public Web Regulation. Sixteenth Floor, One White Flint North, site at http://www.nrc.gov/site-help/e- Michael R. Johnson, 11555 Rockville Pike, Rockville, submittals.html. Director, Office of New Reactors. Maryland, 20852, Attention: Once a participant has obtained a Rulemaking and Adjudications Staff. Power Reactor Licensees and Holders digital ID certificate and a docket has Participants filing a document in this of Construction Permits in Active or been created, the participant can then manner are responsible for serving the Deferred Status submit a request for hearing or petition document on all other participants. for leave to intervene. Submissions Filing is considered complete by first- should be in Portable Document Format class mail as of the time of deposit in Entergy Operations, Inc., Docket Nos. (PDF) in accordance with NRC guidance the mail, or by courier, express mail, or 50–313 and 50–368, License Nos. available on the NRC public Web site at expedited delivery service upon DPR–51 and NPF–6 http://www.nrc.gov/site-help/e- depositing the document with the Mr. Christopher J. Schwarz, Vice submittals.html. A filing is considered provider of the service. A presiding complete at the time the documents are President, Operations, Entergy officer, having granted an exemption Operations, Inc., Arkansas Nuclear submitted through the NRC’s E-Filing request from using E-Filing, may require system. To be timely, an electronic One, 1448 S.R. 333, Russellville, AR a participant or party to use E-Filing if 72802 filing must be submitted to the E-Filing the presiding officer subsequently system no later than 11:59 p.m. Eastern determines that the reason for granting Beaver Valley Time on the due date. Upon receipt of the exemption from use of E-Filing no a transmission, the E-Filing system First Energy Nuclear Operating Co., longer exists. Docket Nos. 50–334 and 50–412, time-stamps the document and sends Documents submitted in adjudicatory License Nos. DPR–66 and NPF–73 the submitter an email notice proceedings will appear in NRC’s confirming receipt of the document. The electronic hearing docket, which is Mr. Paul A. Harden, Site Vice President, E-Filing system also distributes an email available to the public at http:// FirstEnergy Nuclear Operating notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded Company, Mail Stop A–BV–SEB1, document to the NRC Office of the pursuant to an order of the Commission, P.O. Box 4, Route 168, Shippingport, General Counsel and any others who or the presiding officer. Participants are PA 15077 have advised the Office of the Secretary requested not to include personal Bellefonte Nuclear Power Station that they wish to participate in the privacy information, such as social proceeding, so that the filer need not security numbers, home addresses, or Valley Authority, Docket serve the documents on those home phone numbers in their filings, Nos. 50–438 and 50–439, participants separately. Therefore, unless an NRC regulation or other law Construction Permit Nos. CPPR No. applicants and other participants (or requires submission of such 122 and CPPR No. 123 their counsel or representative) must information. With respect to Mr. Michael D. Skaggs, Senior Vice apply for and receive a digital ID copyrighted works, except for limited President, Nuclear Generation certificate before a hearing request/ excerpts that serve the purpose of the Development and Construction, petition to intervene is filed so that they adjudicatory filings and would Authority, 6A can obtain access to the document via constitute a Fair Use application, Lookout Place, 1101 Market Street, the E-Filing system. participants are requested not to include Chattanooga, TN 37402–2801

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Braidwood Station Mr. Michael J. Pacilio, President and Indiana Michigan Power Company, Exelon Generation Co., LLC, Docket Chief Nuclear Officer, Exelon Nuclear, Nuclear Generation Group, One Cook Nos. STN 50–456 and STN 50–457, 4300 Winfield Road, Warrenville, IL Place, Bridgman, MI 49106 60555 License Nos. NPF–72 and NPF–77 Dresden Nuclear Power Station Mr. Michael J. Pacilio, President and Columbia Generating Station Chief Nuclear Officer, Exelon Nuclear, Exelon Generation Co., LLC, Docket 4300 Winfield Road, Warrenville, IL , Docket No. 50–397, Nos. 50–237 and 50–249, License Nos. 60555 License No. NPF–21 DPR–19 and DPR–25 Mr. Mark E. Reddemann, Chief Mr. Michael J. Pacilio, President and Browns Ferry Nuclear Plant Executive Officer, Energy Northwest, Chief Nuclear Officer, Exelon Nuclear, Tennessee Valley Authority, Docket MD 1023, P.O. Box 968, Richland, 4300 Winfield Road, Warrenville, IL Nos. 50–259, 50–260 and 50–296, WA 99352 60555 License Nos. DPR–33, DPR–52 and Comanche Peak Nuclear Power Plant Duane Arnold Energy Center DPR–68 Mr. Preston D. Swafford, Chief Nuclear Luminant Generation Co., LLC, Docket NextEra Energy Duane Arnold, LLC, Officer and Executive Vice President, Nos. 50–445 and 50–446, License Nos. Docket No. 50–331, License No. DPR– Tennessee Valley Authority, 3R NPF–87 and NPF–89 49 Lookout Place, 1101 Market Street, Mr. Rafael Flores, Senior Vice President Mr. Peter Wells, Site Vice President, Chattanooga, TN 37402–2801 and Chief Nuclear Officer, Luminant NextEra Energy, Duane Arnold Energy Generation Company, LLC, Attn: Center, 3277 DAEC Road, Palo, IA Brunswick Steam Electric Plant Regulatory Affairs, P.O. Box 1002, 52324–9785 Glen Rose, TX 76043 Carolina Power & Light Co., Docket Nos. Edwin I. Hatch Nuclear Plant 50–325 and 50–324, License Nos. DPR–71 and DPR–62 Southern Nuclear Operating Co., Docket Mr. Michael J. Annacone, Vice Nebraska Public Power District, Docket Nos. 50–321 and 50–366, License Nos. President, Carolina Power & Light No. 50–298, License No. DPR–46 DPR–57 and NPF–5 Company, Brunswick Steam Electric Mr. Brian J. O’Grady, Vice President— Mr. Dennis R. Madison, Vice President, Plant, P.O. Box 10429, Southport, NC Nuclear and Chief Nuclear Officer, Southern Nuclear Operating 28461 Nebraska Public Power District, 72676 Company, Inc., Edwin I. Hatch 648A Avenue, P.O. Box 98, Nuclear Plant, 11028 Hatch Parkway Byron Station Brownville, NE 68321 North, Baxley, GA 31513 Exelon Generation Co., LLC, Docket Crystal River Nuclear Generating Plant Fermi Nos. STN 50–454 and STN 50–455, License Nos. NPF–37 and NPF–66 Florida Power Corp., Docket No. 50– Detroit Edison Co., Docket No. 50–341, Mr. Michael J. Pacilio, President and 302, License No. DPR–72 License No. NPF–43 Chief Nuclear Officer, Exelon Nuclear, Mr. Jon A. Franke, Vice President, Attn: Mr. Jack M. Davis, Senior Vice President 4300 Winfield Road, Warrenville, IL Supervisor, Licensing & Regulatory and Chief Nuclear Officer, Detroit 60555 Affairs, Progress Energy, Inc., Crystal Edison Company, Fermi 2—210 NOC, River Nuclear Plant (NA2C), 15760 6400 North Dixie Highway, Newport, Callaway Plant West Power Line Street, Crystal River, MI 48166 FL 34428–6708 Union Electric Co., Docket No. 50–483, Fort Calhoun Station License No. NPF–30 Davis-Besse Nuclear Power Station Mr. Adam C. Heflin, Senior Vice Omaha Public Power District, Docket President and Chief Nuclear Officer, First Energy Nuclear Operating Co., No. 50–285, License No. DPR–40 Union Electric Company, P.O. Box Docket No. 50–346, License No. NPF– Mr. David J. Bannister, Vice President 620, Fulton, MO 65251 3 and Chief Nuclear Officer, Omaha Mr. Barry S. Allen, Site Vice President, Public Power District, 444 South 16th Calvert Cliffs Nuclear Power Plant FirstEnergy Nuclear Operating St. Mall, Omaha, NE 68102–2247 Calvert Cliffs Nuclear Power Plant, LLC, Company, c/o Davis-Besse NPS, 5501 Grand Gulf Nuclear Station Docket Nos. 50–317 and 50–318, N. State Route 2, Oak Harbor, OH License Nos. DPR–53 and DPR–69 43449–9760 Entergy Operations, Inc., Docket No. 50– 416, License No. NPF–29 Mr. George H. Gellrich, Vice President, Diablo Canyon Power Plant Calvert Cliffs Nuclear Power Plant, Mr. Michael Perito, Vice President, LLC, Calvert Cliffs Nuclear Power Pacific Gas & Electric Co., Docket Nos. Operations, Entergy Operations, Inc., Plant, 1650 Calvert Cliffs Parkway, 50–275 and 50–323, License Nos. Grand Gulf Nuclear Station, Unit 1, Lusby, MD 20657–4702 DPR–80 and DPR–82 7003 Bald Hill Road, Port Gibson, MS Mr. John T. Conway, Senior Vice 39150 President—Energy Supply and Chief H. B. Robinson Steam Electric Plant Duke Energy Carolinas, LLC, Docket Nuclear Officer, Pacific Gas and Nos. 50–413 and 50–414, License Nos. Electric Company, Diablo Canyon Carolina Power & Light Co., Docket No. NPF–35 and NPF–52 Power Plant, 77 Beale Street, Mail 50–261, License No. DPR–23 Mr. James R. Morris, Site Vice President, Code B32, San Francisco, CA 94105 Mr. Robert J. Duncan II, Vice President, Duke Energy Carolinas, LLC, Catawba Carolina Power & Light Company, Donald C. Cook Nuclear Plant Nuclear Station, 4800 Concord Road, 3581 West Entrance Road, Hartsville, York, SC 29745 Indiana Michigan Power Co., Docket SC 29550 Nos. 50–315 and 50–316, License Nos. DPR–58 and DPR–74 Hope Creek Generating Station Exelon Generation Co., LLC, Docket No. Mr. Lawrence J. Weber, Senior Vice PSEG Nuclear, LLC, Docket No. 50–354, 50–461, License No. NPF–62 President and Chief Nuclear Officer, License No. NPF–57

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Mr. Thomas Joyce, President and Chief Mr. David A. Heacock, President and Mr. Randall K. Edington, Executive Vice Nuclear Officer, PSEG Nuclear LLC– Chief Nuclear Officer, Dominion President Nuclear and Chief Nuclear N09, P. O. Box 236, Hancocks Bridge, Nuclear Connecticut, Inc., Innsbrook Officer, Arizona Public Service Co., NJ 08038 Technical Center, 5000 Dominion P. O. Box 52034, MS 7602, Phoenix, Boulevard, Glen Allen, VA 23060– AZ 85072–2034 Indian Point Energy Center 6711 Entergy Nuclear Operations, Inc., Peach Bottom Atomic Power Station Monticello Nuclear Generating Plant Docket Nos. 50–247 and 50–286, Exelon Generation Co., LLC, Docket License Nos. DPR–26 and DPR–64 Northern States Power Company, Nos. 50–277 and 50–278, License Nos. Mr. John Ventosa, Vice President, Docket No. 50–263, License No. DPR– DPR–44 and DPR–56 Operations, Entergy Nuclear 22 Mr. Michael J. Pacilio, President and Operations, Inc., Indian Point Energy Mr. Timothy J. O’Connor, Site Vice Chief Nuclear Officer, Exelon Nuclear, Center, 450 Broadway, GSB, P.O. Box President, Northern States Power 4300 Winfield Road, Warrenville, IL 249, Buchanan, NY 10511–0249 Company—Minnesota, Monticello Nuclear Generating Plant, 2807 West 60555 James A. FitzPatrick Nuclear Power County Road 75, Monticello, MN Perry Nuclear Power Plant Plant 55362–9637 First Energy Nuclear Operating Co., Entergy Nuclear Operations, Inc., Nine Mile Point Nuclear Station Docket No. 50–333, License No. DPR– Docket No. 50–440, License No. NPF– 59 Nine Mile Point Nuclear Station, LLC, 58 Mike Colomb, Vice President, Docket Nos. 50–220 and 50–410, Mr. Vito A. Kaminskas, Site Vice Operations, Entergy Nuclear License Nos. DPR–63 and NPF–69 President—Nuclear—Perry, Operations, Inc., James A. FitzPatrick Mr. Ken Langdon, Vice President Nine FirstEnergy Nuclear Operating Nuclear Power Plant, P.O. Box 110, Mile Point, Nine Mile Point Nuclear Company, Perry Nuclear Power Plant, Lycoming, NY 13093 Station, LLC, P. O. Box 63, Lycoming, 10 Center Road, A290, Perry, OH NY 13093 44081 Joseph M. Farley Nuclear Plant North Anna Power Station Southern Nuclear Operating Co., Docket Pilgrim Nuclear Power Station Unit No. Nos. 50–348 and 50–364, License Nos. Virginia Electric & Power Co., Docket 1 Nos. 50–338 and 50–339, License Nos. NPF–2 and NPF–8 Entergy Nuclear Operations, Inc., Mr. Tom Lynch, Vice President—Farley, NPF–4 and NPF–7 Mr. David A. Heacock, President and Docket No. 50–293, License No. DPR– Southern Nuclear Operating Chief Nuclear Officer, Dominion 35 Company, Inc., Joseph M. Farley Nuclear, Innsbrook Technical Center, Mr. Robert Smith, Vice President and Nuclear Plant, 7388 North State 5000 Dominion Boulevard, Glen Site Vice President, Entergy Nuclear Highway 95, Columbia, AL 36319 Allen, VA 23060–6711 Operations, Inc., Pilgrim Nuclear Power Station, 600 Rocky Hill Road, Dominion Energy Kewaunee, Inc., Plymouth, MA 02360–5508 Duke Energy Carolinas, LLC, Docket Docket No. 50–305, License No. DPR– Nos. 50–269, 50–270 and 50–287, Point Beach Nuclear Plant 43 License Nos. DPR–38, DPR–47 and Mr. David A. Heacock, President and NextEra Energy Point Beach, LLC, DPR–55 Chief Nuclear Officer, Dominion Docket Nos. 50–266 and 50–301, Mr. Preston Gillespie, Site Vice License Nos. DPR–24 and DPR–27 Energy Kewaunee, Inc., Innsbrook President, Oconee Nuclear Station, Technical Center, 5000 Dominion Duke Energy Carolinas, LLC, 7800 Mr. Larry Meyer, Site Vice President, Boulevard, Glen Allen, VA 23060– Rochester Highway, Seneca, SC 29672 NextEra Energy Point Beach, LLC, 6711 Point Beach Nuclear Plant, Units 1 & Oyster Creek Nuclear Generating Station 2, 6610 Nuclear Road, Two Rivers, WI LaSalle County Station Exelon Generation Co., LLC, Docket No. 54241–9516 Exelon Generation Co., LLC, Docket 50–219, License No. DPR–16 Prairie Island Nuclear Generating Plant Nos. 50–373 and 50–374, License Nos. Mr. Michael J. Pacilio, President and NPF–11 and NPF–18 Chief Nuclear Officer, Exelon Nuclear, Northern States Power Co. Minnesota, Mr. Michael J. Pacilio, President and 4300 Winfield Road, Warrenville, IL Docket Nos. 50–282 and 50–306, Chief Nuclear Officer, Exelon Nuclear, 60555 License Nos. DPR–42 and DPR–60 4300 Winfield Road, Warrenville, IL Palisades Nuclear Plant Mr. Mark A. Schimmel, Site Vice 60555 President, Northern States Power Limerick Generating Station Entergy Nuclear Operations, Inc., Company—Minnesota, Prairie Island Docket No. 50–255, License No. DPR– Nuclear Generating Plant, 1717 Exelon Generation Co., LLC, Docket 20 Wakonade Drive East, Welch, MN Nos. 50–352 and 50–353, License Nos. Mr. Anthony J. Vitale, Site Vice 55089–9642 NPF–39 and NPF–85 President—Palisades, Entergy Nuclear Mr. Michael J. Pacilio, President and Operations, Inc., Palisades Nuclear Quad Cities Nuclear Power Station Chief Nuclear Officer, Exelon Nuclear, Plant, 27780 Blue Star Memorial 4300 Winfield Road, Warrenville, IL Highway, Covert, MI 49043 Exelon Generation Co., LLC, Docket 60555 Nos. 50–254 and 50–265, License Nos. Palo Verde Nuclear Generating Station DPR–29 and DPR–30 Millstone Nuclear Power Station Arizona Public Service Company, Mr. Michael J. Pacilio, President and Dominion Nuclear Connecticut, Inc., Docket Nos. STN 50–528, STN 50–529 Chief Nuclear Officer, Exelon Nuclear, Docket Nos. 50–336 and 50–423, and STN 50–530, License Nos. NPF– 4300 Winfield Road, Warrenville, IL License Nos. DPR–65 and NPF–49 41, NPF–51 and NPF–74 60555

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R.E. Ginna Nuclear Power Plant Mr. Edward D. Halpin, President, Chief Virgil C. Summer Nuclear Station R.E. Ginna Nuclear Power Plant, LLC, Executive Officer and Chief Nuclear South Carolina Electric & Gas Co., Docket No. 50–244, License No. DPR– Officer, STP Nuclear Operating Docket No. 50–395, License No. NPF– 18 Company, South Texas Project, P.O. 12 Mr. Joseph E. Pacher, Vice President, Box 289, Wadsworth, TX 77483 Mr. Thomas D. Gatlin, Vice President R.E. Ginna Nuclear Power Plant, LLC, St. Lucie Plant Nuclear Operations, South Carolina R.E. Ginna Nuclear Power Plant, 1503 Electric & Gas Company, Virgil C. Lake Road, Ontario, NY 14519 Florida Power & Light Co., Docket Nos. Summer Nuclear Station, Post Office 50–335 and 50–389, License Nos. River Bend Station Box 88, Mail Code 300, Jenkinsville, DPR–67 and NPF–16 SC 29065 Entergy Operations, Inc., Docket No. 50– Mr. Mano Nazar, Executive Vice Vogtle Electric Generating Plant 458, License No. NPF–47 President and Chief Nuclear Officer, Mr. Eric W. Olson, Vice President, NextEra Energy, 700 Universe Southern Nuclear Operating Co., Docket Operations, Entergy Operations, Inc., Boulevard, P.O. Box 14000, Juno Nos. 50–424 and 50–425, License Nos. River Bend Station, 5485 U.S. Beach, FL 33408–0420 NPF–68 and NPF–81 Highway 61N, St. Francisville, LA Mr. Tom E. Tynan, Vice President, 70775 Surry Power Station Southern Nuclear Operating Salem Nuclear Generating Station Virginia Electric & Power Co., Docket Company, Inc., Vogtle Electric Nos. 50–280 and 50–281, License Nos. Generating Plant, 7821 River Road, PSEG Nuclear, LLC, Docket Nos. 50–272 Waynesboro, GA 30830 and 50–311, License Nos. DPR–70 and DPR–32 and DPR–371 DPR–75 Mr. David A. Heacock, President and Vogtle Electric Generating Plant, Units 3 Mr. Thomas Joyce, President and Chief Chief Nuclear Officer, Dominion & 4 Nuclear Officer, PSEG Nuclear LLC— Nuclear, Innsbrook Technical Center, Southern Nuclear Operating Co., Docket N09, P.O. Box 236, Hancocks Bridge, 5000 Dominion Boulevard, Glen Nos. 52–025 and 52–026, License Nos. NJ 08038 Allen, VA 23060–6711 NPF–91 and NPF–92 San Onofre Nuclear Generating Station Susquehanna Steam Electric Station Mr. B. L. Ivey, Vice President, Southern California Edison Co., Docket Regulatory Affairs, Southern Nuclear Nos. 50–361 and 50–362, License Nos. PPL Susquehanna, LLC, Docket Nos. Operating Company, Inc., 40 NPF–10 and NPF–15 50–387 and 50–388, License Nos. Inverness Center Parkway, Bin B022, Mr. Peter T. Dietrich, Senior Vice NPF–14 and NPF–22 Birmingham, AL 35242 President and Chief Nuclear Officer, Mr. Timothy S. Rausch, Senior Vice Waterford Steam Electric Station Southern California Edison Company, President and Chief Nuclear Officer, Entergy Operations, Inc., Docket No. 50– San Onofre Nuclear Generating PPL Susquehanna, LLC, 769 Salem 382, License No. NPF–38 Station, P.O. Box 128, San Clemente, Boulevard, NUCSB3, Berwick, PA Ms. Donna Jacobs, Vice President, CA 92674–0128 18603–0467 Operations, Entergy Operations, Inc., Seabrook Three Mile Island Nuclear Station, Unit Waterford Steam Electric Station, Unit NextEra Energy Seabrook, LLC, Docket 1 3, 17265 River Road, Killona, LA 70057–0751 No. 50–443, License No. NPF–86 (* via corrected letter dated 3/13/12— Mr. Paul Freeman, Site Vice President, ML12073A366) Exelon Generation , Unit 1 NextEra Energy Seabrook, LLC, c/o Co., LLC, Docket No. 50–289, License Tennessee Valley Authority, Docket No. Mr. Michael O’Keefe, NextEra Energy No. DPR–50 Seabrook, LLC, P.O. Box 300, 50–390, License No. NPF–90 Mr. Michael J. Pacilio, President and Seabrook, NH 03874 Mr. Preston D. Swafford, Chief Nuclear Chief Nuclear Officer, Exelon Nuclear, Officer and Executive Vice President, 4300 Winfield Road, Warrenville, IL Tennessee Valley Authority, 3R Tennessee Valley Authority, Docket 60555 Lookout Place, 1101 Market Street, Nos. 50–327 and 50–328, License Nos. Turkey Point Chattanooga, TN 37402–2801 DPR–77 and DPR–79 Watts Bar Nuclear Plant, Unit 2 Mr. Preston D. Swafford, Chief Nuclear Florida Power & Light Co., Docket Nos. Officer and Executive Vice President, 50–250 and 50–251, License Nos. Tennessee Valley Authority, Docket No. Tennessee Valley Authority, 3R DPR–31 and DPR–41 50–391, Construction Permit No. Lookout Place, 1101 Market Street, Mr. Mano Nazar, Executive Vice CPPR No. 092 Mr. Michael D. Skaggs, Senior Vice Chattanooga, TN 37402–2801 President and Chief Nuclear Officer, President, Nuclear Generation NextEra Energy, 700 Universe Shearon Harris Nuclear Power Plant Development and Construction, Boulevard, P.O. Box 14000, Juno Tennessee Valley Authority, 6A Carolina Power & Light Co., Docket No. Beach, FL 33408–0420 50–400, License No. NPF–63 Lookout Place, 1101 Market Street, Mr. Christopher L. Burton, Vice Vermont Yankee Nuclear Power Station Chattanooga, TN 37402–2801 President, Progress Energy Carolinas, William B. McGuire Nuclear Station Inc., Shearon Harris Nuclear Power Entergy Nuclear Operations, Inc., Plant, P.O. Box 165, Mail Zone 1, New Docket No. 50–271, License No. DPR– Duke Energy Carolinas, LLC, Docket Hill, NC 27562–0165 28 Nos. 50–369 and 50–370, License Nos. Mr. Christopher J. Wamser, Site Vice NPF–9 and NPF–17 South Texas Project President, Entergy Nuclear Mr. Regis T. Repko, Vice President, STP Nuclear Operating Co., Docket Nos. Operations, Inc., Vermont Yankee Duke Energy Carolinas, LLC, McGuire 50–498 and 50–499, License Nos. Nuclear Power Station, 320 Governor Nuclear Site, 12700 Hagers Ferry NPF–76 and NPF–80 Hunt Road, Vernon, VT 05354 Road, Huntersville, NC 28078

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Wolf Creek Generating Station events. The initial phase requires the (4) Licensees must be capable of Wolf Creek Nuclear Operating Corp., use of installed equipment and implementing the strategies in all Docket No. 50–482, License No. NPF– resources to maintain or restore core modes. 42 cooling, containment and spent fuel (5) Full compliance shall include Mr. Matthew W. Sunseri, President and pool (SFP) cooling capabilities. The procedures, guidance, training, and transition phase requires providing Chief Executive Officer, Wolf Creek acquisition, staging, or installing of sufficient, portable, onsite equipment Nuclear Operating Corporation, P.O. equipment needed for the strategies. and consumables to maintain or restore [FR Doc. 2012–6547 Filed 3–16–12; 8:45 am] Box 411, Burlington, KS 66839 these functions until they can be BILLING CODE 7590–01–P Requirements for Mitigation Strategies accomplished with resources brought for Beyond-Design-Basis External from off site. The final phase requires Events at Operating Reactor Sites and obtaining sufficient offsite resources to NUCLEAR REGULATORY Construction Permit Holders sustain those functions indefinitely. COMMISSION The design bases of Vogtle Units 3 This Order requires a three-phase and 4 includes passive design features [Docket Nos. (as shown in Attachment 1); approach for mitigating beyond-design- that provide core, containment and SFP License Nos. (as shown in Attachment 1); basis external events. The initial phase cooling capability for 72 hours, without EA–12–050; [NRC–2012–0069] requires the use of installed equipment reliance on alternating current (ac) In the Matter of All Operating Boiling and resources to maintain or restore power. These features do not rely on Water Reactor Licensees With Mark I core cooling, containment and spent access to any external water sources and Mark II Containments; Order fuel pool (SFP) cooling capabilities. The since the containment vessel and the Modifying Licenses With Regard To transition phase requires providing passive containment cooling system sufficient, portable, onsite equipment serve as the safety-related ultimate heat Reliable Hardened Containment Vents and consumables to maintain or restore sink. The NRC staff reviewed these (Effective Immediately) these functions until they can be design features prior to issuance of the I accomplished with resources brought combined licenses for these facilities from off site. The final phase requires and certification of the AP1000 design The Licensees identified in obtaining sufficient offsite resources to referenced therein. The AP1000 design Attachment 1 to this Order hold licenses sustain those functions indefinitely. also includes equipment to maintain issued by the U.S. Nuclear Regulatory (1) Licensees or construction permit required safety functions in the long Commission (NRC or Commission) (CP) holders shall develop, implement, term (beyond 72 hours to 7 days) authorizing operation of nuclear power and maintain guidance and strategies to including capability to replenish water plants in accordance with the Atomic maintain or restore core cooling, supplies. Connections are provided for Energy Act of 1954, as amended, and containment and SFP cooling generators and pumping equipment that Title 10 of the Code of Federal capabilities following a beyond-design- can be brought to the site to back up the Regulations (10 CFR) part 50, ‘‘Domestic basis external event. installed equipment. The staff Licensing of Production and Utilization (2) These strategies must be capable of concluded in its final safety evaluation Facilities.’’ Specifically, these Licensees mitigating a simultaneous loss of all report for the AP1000 design that the operate boiling-water reactors (BWRs) alternating current (ac) power and loss installed equipment (and alternatively, with Mark I and Mark II containment of normal access to the ultimate heat the use of transportable equipment) is designs. sink and have adequate capacity to capable of supporting extended II address challenges to core cooling, operation of the passive safety systems containment, and SFP cooling to maintain required safety functions in On March 11, 2011, a magnitude 9.0 capabilities at all units on a site subject the long term. As such, this Order earthquake struck off the coast of the to this Order. requires Vogtle Units 3 and 4 to address Japanese island of Honshu. The (3) Licensees or CP holders must the following requirements relative to earthquake resulted in a large tsunami, provide reasonable protection for the the final phase. estimated to have exceeded 14 meters associated equipment from external (1) Licensees shall develop, (45 feet) in height, which inundated the events. Such protection must implement, and maintain guidance and Fukushima Dai-ichi nuclear power plant demonstrate that there is adequate strategies to maintain or restore core site. The earthquake and tsunami capacity to address challenges to core cooling, containment and SFP cooling produced widespread devastation across cooling, containment, and SFP cooling capabilities following a beyond-design- northeastern Japan, and significantly capabilities at all units on a site subject basis external event. affected the infrastructure and industry to this Order. (2) These strategies must be capable of in the northeastern coastal areas of (4) Licensees or CP holders must be mitigating a simultaneous loss of all ac Japan. capable of implementing the strategies power and loss of normal access to the When the earthquake occurred, in all modes. normal heat sink and have adequate Fukushima Dai-ichi Units 1, 2, and 3 (5) Full compliance shall include capacity to address challenges to core were in operation and Units 4, 5, and 6 procedures, guidance, training, and cooling, containment, and SFP cooling were shut down for routine refueling acquisition, staging, or installing of capabilities at all units on a site subject and maintenance activities. The Unit 4 equipment needed for the strategies. to this Order. reactor fuel was offloaded to the Unit 4 (3) Licensees must provide reasonable spent fuel pool. Following the Requirements for Mitigation Strategies protection for the associated equipment earthquake, the three operating units for Beyond-Design-Basis External from external events. Such protection automatically shut down and offsite Events at Col Holder Reactor Sites must demonstrate that there is adequate power was lost to the entire facility. The (VOGTLE Units 3 and 4) capacity to address challenges to core emergency diesel generators (EDGs) Attachment 2 to this order for Part 50 cooling, containment, and SFP cooling started at all six units providing licensees requires a phased approach for capabilities at all units on a site subject alternating current (ac) electrical power mitigating beyond-design-basis external to this Order. to critical systems at each unit. The

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