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
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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:
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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:
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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:
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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.
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• 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
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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
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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
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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
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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/
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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:
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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
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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
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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
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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.
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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.
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16:21 Apr 03, 2017
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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.
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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.
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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
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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
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Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI/SGI request
submitted to the NRC staff under these procedures.
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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:
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SUPPLEMENTARY INFORMATION:
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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
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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.
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\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
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(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\
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\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.
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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.
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\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.
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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\
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\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.
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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
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Day Event/activity
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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.
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[[Page 16429]]
[FR Doc. 2017-06384 Filed 4-3-17; 8:45 am]
BILLING CODE 7590-01-P