Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 16422-16429 [2017-06384]

Download as PDF 16422 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices invention.nasa.gov. This Web site is designed to enable parties under NASA funding agreements (i.e., contracts, grants, cooperative agreements, and subcontracts) to report new technology information directly, via a secure Internet connection, to NASA. III. Data Title: NASA FAR Supplement (NFS) 1827—Patents, Data, and Copyrights. OMB Number: 2700–0052. Type of Review: Extension of a currently approved collection. Affected Public: Businesses or other for-profit institutions. Estimated Number of Respondents: 2,240. Estimated Time per Response: 5 hours average. Estimated Total Annual Burden Hours: 11,395. Estimated Total Annual Cost: $736,916. IV. Request for Comments Comments are invited on—(1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Frances Teel, NASA PRA Clearance Officer. [FR Doc. 2017–06547 Filed 4–3–17; 8:45 am] BILLING CODE 7510–13–P asabaliauskas on DSK3SPTVN1PROD with NOTICES NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Office of Government Information Services [NARA–2017–033] Office of Government Information Services (OGIS); Annual Open Meeting National Archives and Records Administration (NARA). ACTION: Annual open meeting notice. AGENCY: VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 We are conducting an annual meeting open to the public. The purpose of the meeting is to discuss OGIS’s reviews and reports and to allow interested people to present oral or written statements. SUMMARY: The meeting will be Thursday, April 20, 2017, from 9:00 a.m. to 9:45 a.m. EDT. Please register for the meeting no later than April 18, 2017, at 5:00 p.m. EDT. Location: National Archives and Records Administration (NARA); 700 Pennsylvania Avenue NW.; William G. McGowan Theater; Washington, DC 20408. DATES: FOR FURTHER INFORMATION CONTACT: Amy Bennett, by mail at National Archives and Records Administration; Office of Government Information Services; 8601 Adelphi Road—OGIS; College Park, MD 20740–6001, by telephone at 202–741–5782, or by email at amy.bennett@nara.gov. We are conducting this open meeting in accordance with the Freedom of Information Act, 5 U.S.C. 552(h)(6). You can find summaries of OGIS’s work in our Annual Reports, athttps:// www.ogis.archives.gov/about-ogis/ annual-reports.htm. Our Fiscal Year 2016 Annual Report (https:// www.ogis.archives.gov/Assets/FY+2016 +Annual+Report.pdf?method=1) was published during Sunshine Week (March 12–18, 2017). Procedures: The meeting is open to the public. Due to security requirements, you must register in advance if you wish to attend the meeting. You will also go through security screening when you enter the building. Registration for the meeting will go live via Eventbrite on April 1, 2017, at 10:00 a.m. EDT. To register for the meeting, please do so at this Eventbrite link: https://www.eventbrite .com/e/office-of-governmentinformation-services-annual-openmeeting-april-20–2017-registration33089414329 We will also live-stream this program on the U.S. National Archives’ YouTube channel, at https://www.youtube.com/ user/usnationalarchives/playlists. The webcast will include a captioning option. To request additional accommodations (e.g., a transcript), email ogis@nara.gov or call 202–741– 5770. Members of the media who wish to register, those who are unable to register online, and those who require special accommodations, should contact Amy SUPPLEMENTARY INFORMATION: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Bennett at the phone number, mailing address, or email address listed above. Alina M. Semo, Director, Office of Government Information Services. [FR Doc. 2017–06650 Filed 4–3–17; 8:45 am] BILLING CODE 7515–01–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0075] Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment request is for Southern California Edison Company, San Onofre Nuclear Generating Station, Units 1, 2, and 3 (SONGS). This amendment request contains sensitive unclassified non-safeguards information (SUNSI) and safeguards information (SGI). The proposed amendment would revise the Physical Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan and remove the Cyber Security requirements from the Facility Operating Licenses at SONGS to reflect the permanently shutdown and defueled status of the facility. For this amendment request, the NRC proposes to determine that it involves no significant hazards consideration. Because the amendment request contains sensitive unclassified non-safeguards information (SUNSI) and safeguards information (SGI) an order imposes procedures to obtain access to SUNSI and SGI for contention preparation. DATES: Comments must be filed by May 4, 2017. A request for a hearing must be filed by June 5, 2017. Any potential party as defined in § 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI and/or SGI is necessary to respond to this SUMMARY: E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices notice must request document access by April 14, 2017. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0075. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Beverly Clayton, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3475, email: Beverly.Clayton@nrc.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0075, facility name, unit number(s), plant docket number, application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0075. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2017– 0075, facility name, unit number(s), plant docket number, application date, and subject in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the NRC is publishing this notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This notice includes a notice of an amendment containing SUNSI and SGI. III. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission’s regulations in 10 CFR 50.92, this means that operation PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 16423 of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated, or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish a notice of issuance in the Federal Register. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. A. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission’s ‘‘Agency Rules of Practice and Procedure’’ in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC’s regulations are accessible electronically from the NRC Library on the NRC’s Web site at https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of the regulations is available at the NRC’s Public Document Room, located at One White Flint North, Room O1–F21, 11555 E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 16424 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner’s property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner’s interest. In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party’s admitted contentions, including the opportunity to present evidence, consistent with the NRC’s regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner’s interest in the proceeding. The petition should be submitted to the Commission by June 5, 2017. The petition must be filed in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federallyrecognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. B. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC’s E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The EFiling process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/sitehelp/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301–415–1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public Web site at https:// www.nrc.gov/site-help/e-submittals/ E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC’s public Web site at https://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the EFiling system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public Web site at https:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at https:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Southern California Edison Company, et al., Docket Nos. 50–206, 50–361, and 50–362, San Onofre Nuclear Generating Station, Units 1, 2, and 3, San Diego County, California Date of amendment request: December 19, 2016. A publicly-available version is in ADAMS under Package Accession No. ML17037D114. Description of amendment request: This amendment request contains sensitive unclassified non-safeguards information (SUNSI) and safeguards information (SGI). The proposed amendment would revise the Physical Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (the ‘‘Plan’’ or ‘‘Security Plan’’) and remove the Cyber PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 16425 Security requirements from the Facility Operating Licenses at the San Onofre Nuclear Generating Station, Units 1, 2, and 3 (SONGS). The Security Plan will supersede the current Physical Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan at SONGS. These changes will more fully reflect the permanently shutdown and defueled status of the facility, as well as the reduced scope of potential radiological accidents and security concerns once all spent fuel has been permanently moved to dry cask storage within the onsite SONGS independent spent fuel storage installation (ISFSI), an activity which is currently scheduled for completion in 2019. Basis for proposed no significant hazards consideration determination: As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The irradiated fuel at SONGS is currently stored in the Units 2 and 3 spent fuel pool (SFP) and at the SONGS ISFSI. In this condition, the number of credible accidents/ transients is significantly smaller than for a plant authorized to operate the reactor or emplace or retain fuel in the reactor vessel. In addition, the proposed Plan reflects the future site configuration where all the remaining spent fuel in the SFP has been moved to the ISFSI with no intention to return spent fuel to the SFP. In this configuration, the Fuel Handling Accident would no longer be credible. The probability and consequences of the remaining SONGS Updated Final Safety Analysis Report (UFSAR) Chapter 15 events are not significantly affected by the proposed changes to the existing Security Plan because the proposed changes have no effect on plant systems, structures, and components (SSCs) and no effect on the capability of any plant SSC to perform its design function. The proposed changes would not increase the likelihood of the malfunction of any plant SSC. Therefore, the proposed amendments do not involve a significant increase in the probability or consequences of a previously evaluated accident. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed amendments constitute a revision of the emergency planning function commensurate with the ongoing and anticipated reduction in radiological source term at SONGS. The proposed amendments do not involve significant physical alteration of the plant. The proposed license amendments would not E:\FR\FM\04APN1.SGM 04APN1 16426 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices physically change any SSCs involved in the safe storage of spent fuel or the mitigation of any postulated accident. Thus, no new initiators or precursors of a new or different kind of accident are created. Furthermore, the proposed amendments do not create the possibility of a new failure mode associated with any equipment or personnel failures. The credible events for the ISFSI remain unchanged. Therefore, the proposed amendments do not create the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. Because the 10 CFR part 50 licenses for SONGS no longer authorize operation of the reactors or emplacement or retention of fuel into the reactor vessels, as specified in 10 CFR 50.82(a)(2), the occurrence of postulated accidents associated with reactor operation is no longer credible. With all nuclear spent fuel transferred out of wet storage from the spent fuel pools and placed in dry storage within the ISFSI, a fuel handling accident is no longer credible. The proposed amendments do not involve a change in the plant’s design, configuration, or operation. There are no modifications associated with this proposed amendment that would affect either the way in which the plant SSCs perform their safety functions or their design margins. Therefore, the proposed amendments do not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee’s analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. Attorney for licensee: Walker A. Matthews, Esquire, Southern California Edison Company, 2244 Walnut Grove Avenue, Rosemead, California 91770. NRC Branch Chief: Bruce Watson, CHP. asabaliauskas on DSK3SPTVN1PROD with NOTICES Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation Southern California Edison Company, et al., Docket Nos. 50–206, 50–361, and 50–362, San Onofre Nuclear Generating Stations, Units 1, 2, and 3, San Diego County, California A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI)). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 Order is intended to conflict with the SGI regulations. B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI or SGI is necessary to respond to this notice may request access to SUNSI or SGI. A ‘‘potential party’’ is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI or SGI submitted later than 10 days after publication will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@ nrc.gov and OGCmailcenter@nrc.gov, respectively.1 The request must include the following information: (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party’s particularized interest that could be harmed by the action identified in C.(1); (3) If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestor’s basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention; and (4) If the request is for SGI, the identity of each individual who would have access to SGI if the request is 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI. In addition, the request must contain the following information: (a) A statement that explains each individual’s ‘‘need to know’’ the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of ‘‘need to know’’ as stated in 10 CFR 73.2, the statement must explain: (i) Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; 2 and (ii) The technical competence (demonstrable knowledge, skill, training or education) of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria. (b) A completed Form SF–85, ‘‘Questionnaire for Non-Sensitive Positions,’’ for each individual who would have access to SGI. The completed Form SF–85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestor’s trustworthiness and reliability. For security reasons, Form SF–85 can only be submitted electronically through the electronic questionnaire for investigations processing (e-QIP) Web site, a secure Web site that is owned and operated by the Office of Personnel Management. To obtain online access to the form, the requestor should contact the NRC’s Office of Administration at 301–415–3710.3 (c) A completed Form FD–258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD–258 may be obtained by writing the Office of Administrative Services, Mail Services Center, Mail Stop P1–37, U.S. Nuclear 2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requestor’s need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI. 3 The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requestor usually should be able to obtain access to the online form within one business day. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices Regulatory Commission, Washington, DC 20555–0001, or by email to MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check. (d) A check or money order payable in the amount of $324.00 4 to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted. (e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestor’s basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies. Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt from the background check are not required to complete the SF–85 or Form FD–258; however, all other requirements for access to SGI, including the need to know, are still applicable. asabaliauskas on DSK3SPTVN1PROD with NOTICES Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S. Nuclear Regulatory Commission, ATTN: Personnel Security Branch, Mail Stop TWFN–03–B46M, 11555 Rockville Pike, Rockville, MD 20852. These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required. D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing. E. Based on an evaluation of the information submitted under paragraphs 4 This fee is subject to change pursuant to the Office of Personnel Management’s adjustable billing rates. VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 C.(3) or C.(4) above, as applicable, the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI or need to know the SGI requested. F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.(1) and E.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.5 G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.(1) and E.(2) above, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing. The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will be granted access to SGI. H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct (as necessary) an inspection to confirm that the recipient’s information protection system is sufficient to satisfy the requirements of 10 CFR 73.22. 5 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. 6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 16427 Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements. I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. J. Review of Denials of Access. (1) If the request for access to SUNSI or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or explain the record. (3) The requestor may challenge the NRC staff’s adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. (4) The requestor may challenge the Office of Administration’s final adverse determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv). (5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. E:\FR\FM\04APN1.SGM 04APN1 16428 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices K. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party’s interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.7 L. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI or SGI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 28th of March 2017. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information in This Proceeding Day Event/activity 0 ......................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ....................... 60 ....................... 20 ....................... 25 ....................... 30 ....................... 40 ....................... 190 ..................... 205 ..................... A ........................ A + 3 .................. asabaliauskas on DSK3SPTVN1PROD with NOTICES A + 28 ................ A + 53 ................ A + 60 ................ >A + 60 .............. 7 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 applicable), but not to the initial SUNSI/SGI request submitted to the NRC staff under these procedures. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices [FR Doc. 2017–06384 Filed 4–3–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 040–08903; EA–16–114; NRC– 2017–0087] In the Matter of Homestake Mining Company of California; Grants Reclamation Project Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. AGENCY: asabaliauskas on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 The text of the Order is attached. The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order (Order) to Homestake Mining Company of California (HMC), to memorialize the agreements reached during alternative dispute resolution mediation sessions held on December 12, 2016, and February 15, 2017. This Order will resolve the apparent violations that were identified during an NRC records review to determine if HMC was in compliance with regulatory and license requirements for HMC’s activities at the Grants, New Mexico site. This Order is effective upon its issuance. DATES: Effective Date: This order was issued and was effective on March 28, 2017. ADDRESSES: Please refer to Docket ID NRC–2017–0087 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0087. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For questions about this order, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in SUMMARY: ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Susanne Woods, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555–001; telephone: 301–287–9446, email: S.Woods@ nrc.gov. Dated at Rockville, Maryland, this 28th day of March 2017. For the Nuclear Regulatory Commission. Patricia K. Holahan, Director, Office of Enforcement. United States of America Nuclear Regulatory Commission EA–16–114 In the Matter of Homestake Mining Company of California Grants Reclamation Project Confirmatory Order Modifying License I Homestake Mining Company of California, (HMC or Licensee) is the holder of Materials License No. SUA– 1471 issued on November 10, 1986, by the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 40 of title 10 of the Code of Federal Regulations (10 CFR). The license authorizes HMC the possession, incidental to decommissioning, of residual uranium and byproduct material in the form of uranium waste tailings and other byproduct waste generated by the licensee’s past milling operations in accordance with their license. The facility is located on the Licensee’s site in Grants, New Mexico. This Confirmatory Order is the result of an agreement reached during Alternative Dispute Resolution (ADR) mediation sessions conducted on December 12, 2016, and February 15, 2017. II The NRC staff conducted a records review from approximately October 2014 to May 2016. The NRC staff reviewed records dated from 1998 to 2015, including a letter, dated May 14, 2015, sent by HMC to the NRC in response to the NRC’s request for information. The purpose of the records review was to determine whether HMC was in compliance with regulatory and license requirements for HMC’s activities at the Grants, New Mexico PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 16429 site. Based on the evidence developed during its records review, the NRC identified five apparent violations. On October 4, 2016, the NRC issued a letter (Agencywide Documents Access and Management System [ADAMS] Accession No. ML16251A526) to HMC that detailed the results of the records inspection and outlined five apparent violations. The apparent violations involved: (1) Implementation of the Reinjection Program in a manner inconsistent with HMC’s groundwater Corrective Action Program (CAP); (2) discharge of liquid effluents from the Reverse Osmosis (RO) Plant in excess of the site ground water protection standards established in the license; (3) failure to report to the NRC the results of all effluent monitoring required by the license; (4) failure to obtain monthly composite samples as required by the license; and (5) the discharge of liquid effluents containing byproduct material to land application areas without first obtaining NRC approval. In the October 4, 2016 letter, the NRC offered HMC the choice to: (1) Request a Pre-decisional Enforcement Conference (PEC) or (2) request ADR. In response to the NRC’s offer, HMC requested the use of the NRC’s ADR process. The ADR mediation sessions conducted on December 12, 2016 and February 15, 2017 between HMC and the NRC were mediated by a professional mediator, arranged through Cornell University’s Institute on Conflict Resolution. The ADR process is one in which a neutral mediator, with no decision-making authority, assists the parties in reaching an agreement on resolving any differences regarding the dispute. This Confirmatory Order is issued pursuant to the agreement reached during the ADR process. III During the ADR mediation session on February 15, 2017, HMC and the NRC reached a preliminary settlement agreement. Prior to the ADR mediation session on February 15, 2017, HMC completed the following corrective actions: 1. As of November 2012, HMC ceased discharging irrigation water with effluents containing byproduct material, to land application areas, which consisted of the following lands in Township 12 North, Range 10 West: a. Section 28 (approximately 100 acres). b. Section 33 (approximately 150 acres and approximately 24 acres); c. Section 34 (approximately 120 acres); and 2. As of August 2016, HMC ceased operation of the re-injection system E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16422-16429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06384]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0075]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information and Order Imposing Procedures 
for Access to Sensitive Unclassified Non-Safeguards Information and 
Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing, and petition for leave to intervene; order imposing 
procedures.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of one amendment request. The amendment request is 
for Southern California Edison Company, San Onofre Nuclear Generating 
Station, Units 1, 2, and 3 (SONGS). This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI) and 
safeguards information (SGI). The proposed amendment would revise the 
Physical Security Plan, Training and Qualification Plan, and Safeguards 
Contingency Plan and remove the Cyber Security requirements from the 
Facility Operating Licenses at SONGS to reflect the permanently 
shutdown and defueled status of the facility. For this amendment 
request, the NRC proposes to determine that it involves no significant 
hazards consideration. Because the amendment request contains sensitive 
unclassified non-safeguards information (SUNSI) and safeguards 
information (SGI) an order imposes procedures to obtain access to SUNSI 
and SGI for contention preparation.

DATES: Comments must be filed by May 4, 2017. A request for a hearing 
must be filed by June 5, 2017. Any potential party as defined in Sec.  
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI and/or SGI is necessary to respond to this

[[Page 16423]]

notice must request document access by April 14, 2017.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0075. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Beverly Clayton, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3475, email: Beverly.Clayton@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0075, facility name, unit 
number(s), plant docket number, application date, and subject when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
action by any of the following methods:
     Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0075.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0075, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes a notice of an amendment containing SUNSI and 
SGI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555

[[Page 16424]]

Rockville Pike (first floor), Rockville, Maryland 20852. If a petition 
is filed, the Commission or a presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by June 
5, 2017. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions set forth 
in this section, except that under 10 CFR 2.309(h)(2) a State, local 
governmental body, or Federally recognized Indian Tribe, or agency 
thereof does not need to address the standing requirements in 10 CFR 
2.309(d) if the facility is located within its boundaries. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at https://www.nrc.gov/site-help/
e-submittals/

[[Page 16425]]

getting-started.html. Once a participant has obtained a digital ID 
certificate and a docket has been created, the participant can then 
submit adjudicatory documents. Submissions must be in Portable Document 
Format (PDF). Additional guidance on PDF submissions is available on 
the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the 
document is submitted through the NRC's E-Filing system. To be timely, 
an electronic filing must be submitted to the E-Filing system no later 
than 11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at https://www.nrc.gov/site-help/e-submittals.html, by 
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.

Southern California Edison Company, et al., Docket Nos. 50-206, 50-361, 
and 50-362, San Onofre Nuclear Generating Station, Units 1, 2, and 3, 
San Diego County, California

    Date of amendment request: December 19, 2016. A publicly-available 
version is in ADAMS under Package Accession No. ML17037D114.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI) and 
safeguards information (SGI). The proposed amendment would revise the 
Physical Security Plan, Training and Qualification Plan, and Safeguards 
Contingency Plan (the ``Plan'' or ``Security Plan'') and remove the 
Cyber Security requirements from the Facility Operating Licenses at the 
San Onofre Nuclear Generating Station, Units 1, 2, and 3 (SONGS). The 
Security Plan will supersede the current Physical Security Plan, 
Training and Qualification Plan, and Safeguards Contingency Plan at 
SONGS. These changes will more fully reflect the permanently shutdown 
and defueled status of the facility, as well as the reduced scope of 
potential radiological accidents and security concerns once all spent 
fuel has been permanently moved to dry cask storage within the onsite 
SONGS independent spent fuel storage installation (ISFSI), an activity 
which is currently scheduled for completion in 2019.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The irradiated fuel at SONGS is currently stored in the Units 2 
and 3 spent fuel pool (SFP) and at the SONGS ISFSI. In this 
condition, the number of credible accidents/transients is 
significantly smaller than for a plant authorized to operate the 
reactor or emplace or retain fuel in the reactor vessel. In 
addition, the proposed Plan reflects the future site configuration 
where all the remaining spent fuel in the SFP has been moved to the 
ISFSI with no intention to return spent fuel to the SFP. In this 
configuration, the Fuel Handling Accident would no longer be 
credible. The probability and consequences of the remaining SONGS 
Updated Final Safety Analysis Report (UFSAR) Chapter 15 events are 
not significantly affected by the proposed changes to the existing 
Security Plan because the proposed changes have no effect on plant 
systems, structures, and components (SSCs) and no effect on the 
capability of any plant SSC to perform its design function. The 
proposed changes would not increase the likelihood of the 
malfunction of any plant SSC.
    Therefore, the proposed amendments do not involve a significant 
increase in the probability or consequences of a previously 
evaluated accident.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed amendments constitute a revision of the emergency 
planning function commensurate with the ongoing and anticipated 
reduction in radiological source term at SONGS.
    The proposed amendments do not involve significant physical 
alteration of the plant. The proposed license amendments would not

[[Page 16426]]

physically change any SSCs involved in the safe storage of spent 
fuel or the mitigation of any postulated accident. Thus, no new 
initiators or precursors of a new or different kind of accident are 
created. Furthermore, the proposed amendments do not create the 
possibility of a new failure mode associated with any equipment or 
personnel failures. The credible events for the ISFSI remain 
unchanged.
    Therefore, the proposed amendments do not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Because the 10 CFR part 50 licenses for SONGS no longer 
authorize operation of the reactors or emplacement or retention of 
fuel into the reactor vessels, as specified in 10 CFR 50.82(a)(2), 
the occurrence of postulated accidents associated with reactor 
operation is no longer credible. With all nuclear spent fuel 
transferred out of wet storage from the spent fuel pools and placed 
in dry storage within the ISFSI, a fuel handling accident is no 
longer credible. The proposed amendments do not involve a change in 
the plant's design, configuration, or operation. There are no 
modifications associated with this proposed amendment that would 
affect either the way in which the plant SSCs perform their safety 
functions or their design margins.
    Therefore, the proposed amendments do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Walker A. Matthews, Esquire, Southern 
California Edison Company, 2244 Walnut Grove Avenue, Rosemead, 
California 91770.
    NRC Branch Chief: Bruce Watson, CHP.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention 
Preparation

Southern California Edison Company, et al., Docket Nos. 50-206, 50-361, 
and 50-362, San Onofre Nuclear Generating Stations, Units 1, 2, and 3, 
San Diego County, California

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)). 
Requirements for access to SGI are primarily set forth in 10 CFR parts 
2 and 73. Nothing in this Order is intended to conflict with the SGI 
regulations.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. A ``potential party'' is any person 
who intends to participate as a party by demonstrating standing and 
filing an admissible contention under 10 CFR 2.309. Requests for access 
to SUNSI or SGI submitted later than 10 days after publication will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, and provide a copy to the 
Associate General Counsel for Hearings, Enforcement and Administration, 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. The expedited delivery or courier mail 
address for both offices is: U.S. Nuclear Regulatory Commission, 11555 
Rockville Pike, Rockville, Maryland 20852. The email address for the 
Office of the Secretary and the Office of the General Counsel are 
Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\ The 
request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1);
    (3) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor's basis for the 
need for the information in order to meaningfully participate in this 
adjudicatory proceeding. In particular, the request must explain why 
publicly available versions of the information requested would not be 
sufficient to provide the basis and specificity for a proffered 
contention; and
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------

    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, NRC staff redaction 
of information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
---------------------------------------------------------------------------

    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions,'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) Web site, a secure 
Web site that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC's Office of Administration at 301-415-3710.\3\
---------------------------------------------------------------------------

    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
---------------------------------------------------------------------------

    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 may be obtained by writing the Office of Administrative 
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear

[[Page 16427]]

Regulatory Commission, Washington, DC 20555-0001, or by email to 
MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy 
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and 
Section 149 of the Atomic Energy Act of 1954, as amended, which 
mandates that all persons with access to SGI must be fingerprinted for 
an FBI identification and criminal history records check.
    (d) A check or money order payable in the amount of $324.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted.
---------------------------------------------------------------------------

    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------

    (e) If the requestor or any individual(s) who will have access to 
SGI believes they belong to one or more of the categories of 
individuals that are exempt from the criminal history records check and 
background check requirements in 10 CFR 73.59, the requestor should 
also provide a statement identifying which exemption the requestor is 
invoking and explaining the requestor's basis for believing that the 
exemption applies. While processing the request, the Office of 
Administration, Personnel Security Branch, will make a final 
determination whether the claimed exemption applies. Alternatively, the 
requestor may contact the Office of Administration for an evaluation of 
their exemption status prior to submitting their request. Persons who 
are exempt from the background check are not required to complete the 
SF-85 or Form FD-258; however, all other requirements for access to 
SGI, including the need to know, are still applicable.

    Note:  Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel 
Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, 
Rockville, MD 20852.

    These documents and materials should not be included with the 
request letter to the Office of the Secretary, but the request letter 
should state that the forms and fees have been submitted as required.
    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, the NRC staff will 
determine within 10 days of receipt of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(2) above, the NRC staff 
will notify the requestor in writing that access to SUNSI has been 
granted. The written notification will contain instructions on how the 
requestor may obtain copies of the requested documents, and any other 
conditions that may apply to access to those documents. These 
conditions may include, but are not limited to, the signing of a Non-
Disclosure Agreement or Affidavit, or Protective Order setting forth 
terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.\5\
---------------------------------------------------------------------------

    \5\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then determine, based upon completion of the 
background check, whether the proposed recipient is trustworthy and 
reliable, as required for access to SGI by 10 CFR 73.22(b). If the 
Office of Administration determines that the individual or individuals 
are trustworthy and reliable, the NRC will promptly notify the 
requestor in writing. The notification will provide the names of 
approved individuals as well as the conditions under which the SGI will 
be provided. Those conditions may include, but are not limited to, the 
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\6\ by each individual who will be granted access to SGI.
---------------------------------------------------------------------------

    \6\ Any motion for Protective Order or draft Non- Disclosure 
Agreement or Affidavit for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI must be filed by the requestor no later than 25 days 
after receipt of (or access to) that information. However, if more than 
25 days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI or SGI contentions by that later 
deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes a final adverse 
determination regarding the trustworthiness and reliability of the 
proposed recipient(s) for access to SGI, the Office of Administration, 
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI or with respect to 
standing or need to know for SGI by filing a challenge within 5 days of 
receipt of that determination with: (a) The presiding officer 
designated in this proceeding; (b) if no presiding officer has been 
appointed, the Chief Administrative Judge, or if he or she is 
unavailable, another administrative judge, or an Administrative Law 
Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another 
officer has been designated to rule on information access issues, with 
that officer.
    (4) The requestor may challenge the Office of Administration's 
final adverse determination with respect to trustworthiness and 
reliability for access to SGI by filing a request for review in 
accordance with 10 CFR 2.336(f)(1)(iv).
    (5) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.

[[Page 16428]]

    K. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has been designated to rule on information access 
issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\7\
---------------------------------------------------------------------------

    \7\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI/SGI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, and motions for protective orders, in a 
timely fashion in order to minimize any unnecessary delays in 
identifying those petitioners who have standing and who have propounded 
contentions meeting the specificity and basis requirements in 10 CFR 
part 2. The attachment to this Order summarizes the general target 
schedule for processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 28th of March 2017.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information in This Proceeding

------------------------------------------------------------------------
              Day                            Event/activity
------------------------------------------------------------------------
0.............................  Publication of Federal Register notice
                                 of hearing and opportunity to petition
                                 for leave to intervene, including order
                                 with instructions for access requests.
10............................  Deadline for submitting requests for
                                 access to Sensitive Unclassified Non
                                 Safeguards Information (SUNSI) and/or
                                 Safeguards Information (SGI) with
                                 information: Supporting the standing of
                                 a potential party identified by name
                                 and address; describing the need for
                                 the information in order for the
                                 potential party to participate
                                 meaningfully in an adjudicatory
                                 proceeding; demonstrating that access
                                 should be granted (e.g., showing
                                 technical competence for access to
                                 SGI); and, for SGI, including
                                 application fee for fingerprint/
                                 background check.
60............................  Deadline for submitting petition for
                                 intervention containing: (i)
                                 Demonstration of standing; (ii) all
                                 contentions whose formulation does not
                                 require access to SUNSI and/or SGI (+25
                                 Answers to petition for intervention;
                                 +7 requestor/petitioner reply).
20............................  U.S. Nuclear Regulatory Commission (NRC)
                                 staff informs the requestor of the
                                 staff's determination whether the
                                 request for access provides a
                                 reasonable basis to believe standing
                                 can be established and shows (1) need
                                 for SUNSI or (2) need to know for SGI.
                                 (For SUNSI, NRC staff also informs any
                                 party to the proceeding whose interest
                                 independent of the proceeding would be
                                 harmed by the release of the
                                 information.) If NRC staff makes the
                                 finding of need for SUNSI and
                                 likelihood of standing, NRC staff
                                 begins document processing (preparation
                                 of redactions or review of redacted
                                 documents). If NRC staff makes the
                                 finding of need to know for SGI and
                                 likelihood of standing, NRC staff
                                 begins background check (including
                                 fingerprinting for a criminal history
                                 records check), information processing
                                 (preparation of redactions or review of
                                 redacted documents), and readiness
                                 inspections.
25............................  If NRC staff finds no ``need,'' no
                                 ``need to know,'' or no likelihood of
                                 standing, the deadline for requestor/
                                 petitioner to file a motion seeking a
                                 ruling to reverse the NRC staff's
                                 denial of access; NRC staff files copy
                                 of access determination with the
                                 presiding officer (or Chief
                                 Administrative Judge or other
                                 designated officer, as appropriate). If
                                 NRC staff finds ``need'' for SUNSI, the
                                 deadline for any party to the
                                 proceeding whose interest independent
                                 of the proceeding would be harmed by
                                 the release of the information to file
                                 a motion seeking a ruling to reverse
                                 the NRC staff's grant of access.
30............................  Deadline for NRC staff reply to motions
                                 to reverse NRC staff determination(s).
40............................  (Receipt +30) If NRC staff finds
                                 standing and need for SUNSI, deadline
                                 for NRC staff to complete information
                                 processing and file motion for
                                 Protective Order and draft Non-
                                 Disclosure Affidavit. Deadline for
                                 applicant/licensee to file Non-
                                 Disclosure Agreement for SUNSI.
190...........................  (Receipt +180) If NRC staff finds
                                 standing, need to know for SGI, and
                                 trustworthiness and reliability,
                                 deadline for NRC staff to file motion
                                 for Protective Order and draft Non-
                                 disclosure Affidavit (or to make a
                                 determination that the proposed
                                 recipient of SGI is not trustworthy or
                                 reliable). Note: Before the Office of
                                 Administration makes a final adverse
                                 determination regarding access to SGI,
                                 the proposed recipient must be provided
                                 an opportunity to correct or explain
                                 information.
205...........................  Deadline for petitioner to seek reversal
                                 of a final adverse NRC staff
                                 trustworthiness or reliability
                                 determination under 10 CFR
                                 2.336(f)(1)(iv).
A.............................  If access granted: Issuance of a
                                 decision by a presiding officer or
                                 other designated officer on motion for
                                 protective order for access to
                                 sensitive information (including
                                 schedule for providing access and
                                 submission of contentions) or decision
                                 reversing a final adverse determination
                                 by the NRC staff.
A + 3.........................  Deadline for filing executed Non-
                                 Disclosure Affidavits. Access provided
                                 to SUNSI and/or SGI consistent with
                                 decision issuing the protective order.
A + 28........................  Deadline for submission of contentions
                                 whose development depends upon access
                                 to SUNSI and/or SGI. However, if more
                                 than 25 days remain between the
                                 petitioner's receipt of (or access to)
                                 the information and the deadline for
                                 filing all other contentions (as
                                 established in the notice of
                                 opportunity to request a hearing and
                                 petition for leave to intervene), the
                                 petitioner may file its SUNSI or SGI
                                 contentions by that later deadline.
A + 53........................  (Contention receipt +25) Answers to
                                 contentions whose development depends
                                 upon access to SUNSI and/or SGI.
A + 60........................  (Answer receipt +7) Petitioner/
                                 Intervenor reply to answers.
>A + 60.......................  Decision on contention admission.
------------------------------------------------------------------------



[[Page 16429]]

[FR Doc. 2017-06384 Filed 4-3-17; 8:45 am]
 BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.