Notice; Applications and Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information or Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information or Safeguards Information, 39052-39059 [E8-15301]
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39052
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
ebenthall on PRODPC60 with NOTICES
AGENCY:
SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register Notice with a 60-day comment
period on this information collection on
March 24, 2008.
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: NRC Form 450, ‘‘General
Assignment.’’
3. Current OMB approval number:
3150–0114.
4. The form number if applicable:
NRC Form 450.
5. How often the collection is
required: Once during the closeout
process.
6. Who will be required or asked to
report: Contractors, Grantees, and
Cooperators.
7. An estimate of the number of
annual responses: 100.
8. The estimated number of annual
respondents: 100.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 200.
10. Abstract: During the contract
closeout process, the NRC requires the
contractor to execute a NRC Form 450,
General Assignment. Completion of the
form grants the government all rights,
titles, and interest to refunds arising out
of the contractor performance.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
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Comments and questions should be
directed to the OMB reviewer listed
below by August 7, 2008. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Nathan J. Frey, Office of Information
and Regulatory Affairs (3150–0114),
NEOB–10202, Office of Management
and Budget, Washington, DC 20503.
Comments can also be e-mailed to
Nathan_J._Frey@omb.eop.gov or
submitted by telephone at (202) 395–
7345.
The NRC Clearance Officer is
Margaret A. Janney, (301) 415–7245.
Dated at Rockville, Maryland, this 27th day
of June 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–15410 Filed 7–7–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice; Applications and Amendments
to Facility Operating Licenses
Involving Proposed No Significant
Hazards Considerations and
Containing Sensitive Unclassified NonSafeguards Information or Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information or Safeguards Information
I. Background
Pursuant to section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this notice. The Act
requires the Commission 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 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 notices of
amendments containing sensitive
unclassified non-safeguards information
(SUNSI) or safeguards information
(SGI).
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Notice of Consideration of Issuance of
Amendments to Facility Operating
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 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 should 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.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make 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.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D44, Two
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White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received
may be examined at the Commission’s
Public Document Room (PDR), located
at One White Flint North, Public File
Area O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. The filing of
requests for a hearing and petitions for
leave to intervene is discussed below.
Within 60 days after the date of
publication of this notice, person(s) may
file a request for a hearing with respect
to issuance of the amendment to the
subject facility operating license and
any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
via electronic submission through the
NRC E-Filing system for a hearing and
a petition for leave to intervene.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland, or at
https://www.nrc.gov/reading-rm/doccollections/cfr/part002/part002–
0309.html. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. If a request for
a hearing or petition for leave to
intervene is filed within 60 days, the
Commission or a presiding officer
designated by the Commission or by the
Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
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to the proceeding; (3) the nature and
extent of the requestor’s/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
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the petitioner/
requestor seeks to have litigated at 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/requestor shall
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/requestor
intends to rely in proving the contention
at the hearing. The petitioner/requestor
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements 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, and have the opportunity to
participate fully in the conduct of the
hearing.
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 decide
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
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
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39053
A request for hearing or a petition for
leave to intervene must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve documents over the internet
or in some cases to mail copies on
electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
Viewer(tm) to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms Viewer(tm) is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE 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 e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
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that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
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, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass 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.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
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Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. 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.
For further details with respect to this
amendment action, see the application
for amendment which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the ADAMS Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If
you do not have access to ADAMS or if
there are problems in accessing the
documents located in ADAMS, contact
the PDR Reference staff at 1 (800) 397–
4209, (301) 415–4737 or by e-mail to
pdr.resource@nrc.gov.
Dominion Nuclear Connecticut Inc., et
al., Docket No. 50–423, Millstone Power
Station, Unit No. 3, New London
County, Connecticut
Date of amendment request: May 8,
2008.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
changes would allow for interim
alternate steam generator tube repair
criterion, as specified in the Millstone
Power Station, Unit 3 (MPS3) technical
specifications. The interim alternate
repair criterion would be for the
upcoming refueling outage and the
subsequent operating cycle. The
proposed request would also add three
reporting criteria to the MPS3 technical
specifications for steam generator tube
inspections.
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
Of the various accidents previously
evaluated, the proposed changes affect only
the steam generator tube rupture (SGTR)
event evaluation and the postulated steam
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line break (SLB), locked rotor, and control
rod ejection accident evaluations. Loss-ofcoolant accident (LOCA) conditions cause a
compressive axial load to act on the tube.
Therefore, since the LOCA tends to force the
tube into the tubesheet rather than pull it out,
it is not a factor in this amendment request.
Another faulted load consideration is a safe
shutdown earthquake (SSE); however, the
seismic analysis of Model F steam generators
has shown that axial loading of the tubes is
negligible during an SSE.
At normal operating pressures, leakage
from PWSCC [primary water stress-corrosion
cracking] below 17 inches from the TTS [top
of tubesheet] is limited by both the tube-totubesheet crevice and the limited crack
opening permitted by the tubesheet
constraint. Consequently, negligible normal
operating leakage is expected from cracks
within the tubesheet region.
For the SGTR event, the required structural
margins of the steam generator tubes is [are]
maintained by limiting the allowable
ligament size for a circumferential crack to
remain in service to 203 degrees below 17
inches from the TTS for the subsequent
operating cycle. Tube rupture is precluded
for cracks in the hydraulic expansion region
due to the constraint provided by the
tubesheet. The potential for tube pullout is
mitigated by limiting the allowable crack size
to 203 degrees for the subsequent operating
cycle. These allowable crack sizes take into
account eddy current uncertainty and crack
growth rate. It has been shown that a
circumferential crack with an azimuthal
extent of 203 degrees for the 18-month SG
tubing eddy current inspection interval meets
the performance criteria of NEI 97–06, Rev.
2, ‘‘Steam Generator Program Guidelines’’
and Draft Regulatory Guide (RG) 1.121,
‘‘Bases for Plugging Degraded PWR
[pressurized-water reactor] Steam Generator
Tubes.’’ Therefore, the margin against tube
burst/pullout is maintained during normal
and postulated accident conditions and the
proposed change does not result in a
significant increase in the probability or
consequence of a SGTR.
The probability of a SLB is unaffected by
the potential failure of a SG tube as the
failure of a tube is not an initiator for a SLB
event. SLB leakage is limited by leakage flow
restrictions resulting from the leakage path
above potential cracks through the tube-totubesheet crevice. The leak rate during
postulated accident conditions (including
locked rotor and control rod ejection) has
been shown to remain within the accident
analysis assumptions for all axial or
circumferentially oriented cracks occurring
17 inches below the top of the tubesheet.
Since normal operating leakage is limited to
150 gpd (approximately 0.10 gpm), the
attendant accident condition leak rate,
assuming all leakage to be from indications
below 17 inches from the top of the
tubesheet, would be bounded by 0.35 gpm.
This value is within the accident analysis
assumptions for the limiting design basis
accident for MPS3, which is the postulated
SLB event.
Based on the above, the performance
criteria of NEI–97–06, Rev. 2 and Draft
Regulatory Guide (RG) 1.121 continue to be
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met and the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
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 change does not introduce
any changes or mechanisms that create the
possibility of a new or different kind of
accident. Tube bundle integrity is expected
to be maintained for all plant conditions
upon implementation of the interim alternate
repair criteria. The proposed change does not
introduce any new equipment or any change
to existing equipment. No new effects on
existing equipment are created nor are any
new malfunctions introduced.
Therefore, based on the above evaluation,
the proposed changes do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed [amendment] involve
a significant reduction in a margin of safety?
Response: No.
The proposed change maintains the
required structural margins of the steam
generator tubes for both normal and accident
conditions. NEI 97–06, Rev. 2 and RG 1.121
are used as the basis in the development of
the limited tubesheet inspection depth
methodology for determining that steam
generator tube integrity considerations are
maintained within acceptable limits. RG
1.121 describes a method acceptable to the
NRC staff for meeting GDC 14, 15, 31, and 32
by reducing the probability and
consequences of an SGTR. RG 1.121
concludes that by determining the limiting
safe conditions of tube wall degradation
beyond which tubes with unacceptable
cracking, as established by inservice
inspection, should be removed from service
or repaired, the probability and consequences
of a SGTR are reduced. This RG uses safety
factors on loads for tube burst that are
consistent with the requirements of Section
III of the ASME Code.
For axially oriented cracking located
within the tubesheet, tube burst is precluded
due to the presence of the tubesheet. For
circumferentially oriented cracking in a tube
or the tube-to-tubesheet weld, Reference 4
defines a length of remaining tube ligament
that provides the necessary resistance to tube
pullout due to the pressure induced forces
(with applicable safety factors applied).
Additionally, it is shown that application of
the limited tubesheet inspection depth
criteria will not result in unacceptable
primary-to-secondary leakage during all plant
conditions.
Based on the above, it is concluded that the
proposed changes do not result in any
reduction of margin with respect to plant
safety as defined in the Updated Final Safety
Analysis Report or bases of the plant
Technical Specifications.
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
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satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Lillian M.
Cuoco, Senior Counsel, Dominion
Resources Services, Inc., Building 475,
5th Floor, Rope Ferry Road, Waterford,
CT 06385.
NRC Branch Chief: Harold K.
Chernoff.
Exelon Generation Company, LLC,
Docket Nos. 50–352 and 50–353,
Limerick Generating Station, Units 1
and 2, Montgomery County,
Pennsylvania
Date of amendment request: October
19, 2007, supplemented by letters dated
March 14, 2008, and March 26, 2008.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
changes would increase the allowed
interval between local power range
monitor (LPRM) calibrations from 1000
effective full power hours (EFPH) to
2000 EFPH as specified in the Limerick
Generating Station (LGS), Units 1 and 2,
technical specifications. The proposed
interval increase is enabled by
improvements in core monitoring
processes and nuclear instrumentation
that have occurred since LGS, Units 1
and 2, were originally licensed.
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, with
NRC staff annotations in brackets,
below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed amendment revises the
surveillance interval for the Local Power
Range Monitor (LPRM) calibrations from
1000 Effective Full Power Hours (EFPH) to
2000 EFPH. Increasing the frequency interval
between required LPRM calibrations is
acceptable due to improvements in core
monitoring processes and nuclear
instrumentation and therefore, the revised
surveillance interval continues to ensure that
the LPRM detector signal is adequately
calibrated.
This proposed change will not alter the
operation of process variables, structures,
systems, or components as described in the
LGS Updated Final Safety Analysis Report.
The proposed change does not alter the
initiation conditions or operational
parameters for the LPRM system and there is
no new equipment introduced by the
extension of the LPRM calibration interval.
The performance of the APRM [average
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39055
power range monitor], OPRM [oscillation
power range monitor], RBM [rod block
monitor], and 3D MONICORE [core
monitoring] systems [are] not significantly
affected by the proposed surveillance interval
increase. As such, the probability of
occurrence of a previously evaluated
accident is not increased.
The radiological consequences of an
accident can be affected by the thermal limits
existing at the time of the postulated
accident; however, LPRM chamber exposure
has no significant effect on the calculated
thermal limits since LPRM accuracy does not
significantly deviate with exposure. For the
LPRM extended calibration interval, the total
[bundle] power uncertainty remains [within
the accuracy assumptions of the thermal
limit calculation]. Therefore, the thermal
limit calculation is not significantly affected
by LPRM calibration frequency, and thus the
radiological consequences of any accident
previously evaluated are not significantly
increased.
Therefore, based on the above information,
the proposed change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The performance of the APRM, OPRM,
RBM, and 3D MONICORE systems is not
significantly affected by the proposed LPRM
surveillance interval increase. The proposed
change does not affect the control parameters
governing unit operation or the response of
plant equipment to transient conditions. The
proposed change does not change or
introduce any new equipment, modes of
system operation or failure mechanisms.
Therefore, based on the above information,
the proposed change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed change has no impact on
equipment design or fundamental operation,
and there are no changes being made to
safety limits or safety system allowable
values that would adversely affect plant
safety as a result of the proposed LPRM
surveillance interval increase. The
performance of the APRM, OPRM, RBM, and
3D MONICORE systems is not significantly
affected by the proposed change. The margin
of safety can be affected by the thermal limits
existing at the time of the postulated
accident; however, uncertainties associated
with LPRM chamber exposure have no
significant effect on the calculated thermal
limits. The thermal limit calculation is not
significantly affected since LPRM sensitivity
with exposure is well defined. LPRM
accuracy, [even when including an allowance
for an increased uncertainty associated with
the LPRM update interval] remains within
the [assumptions] in the thermal analysis
basis; thereby maintaining thermal limits and
the safety margin. The proposed change does
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not affect safety analysis assumptions or
initial conditions and therefore, the margin of
safety in the original safety analyses are
maintained.
Therefore, based on the above information,
the proposed change does not involve a
significant reduction in a margin of safety.
ebenthall on PRODPC60 with NOTICES
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, with changes in the areas noted
above, 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: J. Bradley
Fewell, Esquire, Associate General
Counsel, Exelon Generation Company,
LLC, 4300 Winfield Road, Warrenville,
IL 60555.
NRC Branch Chief: Harold K.
Chernoff.
Southern Nuclear Operating Company,
Inc., Docket Nos. 50–348 and 50–364,
Joseph M. Farley Nuclear Plant, Units 1
and 2, Houston County, Alabama
Date of amendment request:
December 20, 2007.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
amendment would revise Technical
Specification (TS) 3.3.1, ‘‘Reactor Trip
System (RTS) Instrumentation,’’ TS
3.3.2, ‘‘Engineered Safety Feature
Actuation System (ESFAS)
Instrumentation,’’ TS 3.3.6,
‘‘Containment Purge and Exhaust
Isolation Instrumentation,’’ TS 3.3.7,
‘‘Control Room Emergency Filtration/
Pressurization System (CREFS)
Actuation Instrumentation,’’ and TS
3.3.8, ‘‘Penetration Room Filtration
(PRF) System Actuation
Instrumentation’’ to adopt Completion
Time, bypass test time, and Surveillance
Requirement (SR) Frequency changes
approved by the Nuclear Regulatory
Commission (NRC) in WCAP–14333–P–
A, Revision 1, ‘‘Probabilistic Risk
Analysis of the reactor protection
system (RPS) and ESFAS Test Times
and Completion Times,’’ October 1998
and WCAP–15376–P–A, Revision 1,
‘‘Risk-Informed Assessment of the RTS
and ESFAS Surveillance Test Intervals
and Reactor Trip Breaker Test and
Completion Times,’’ March 2003. In
addition, the proposed amendments
would revise SR 3.3.1.8 to adopt
Surveillance Frequency changes
approved by the NRC in Industry/
Technical Specification Task Force
(TSTF) Standard Technical
Specification (STS) Change Traveler
242, Revision 1, ‘‘Increase the time to
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15:11 Jul 07, 2008
Jkt 214001
perform a channel operational test
(COT) on Power Range and Intermediate
Range Instruments.’’ Also, the proposed
amendments would revise the
Completion Times of limiting condition
for operation (LCO) 3.3.1, Condition F
from 2 hours to 24 hours consistent with
changes approved by the NRC in
Industry/TSTF STS Change Traveler
246, Revision 0, ‘‘RTS Instrumentation,
3.3.1 Condition F Completion Time.’’
Finally, the proposed amendments
would provide for minor editorial
changes.
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. Do the proposed changes involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No
Overall protection system performance will
remain within the bounds of the previously
performed accident analyses since no
hardware changes are proposed. The same
reactor trip system (RTS) and engineered
safety features actuation system (ESFAS)
instrumentation will continue to be used.
The protection systems will continue to
function in a manner consistent with the
plant design basis. These changes to the
Technical Specifications do not result in a
condition where the design, material, or
construction standards that were applicable
prior to the change are altered.
The proposed changes will not modify any
system interface. The proposed changes will
not affect the probability of any event
initiators. There will be no degradation in the
performance of or an increase in the number
of challenges imposed on safety-related
equipment assumed to function during an
accident situation. There will be no change
to normal plant operating parameters or
accident mitigation performance. The
proposed changes will not alter any
assumptions or change any mitigation actions
in the radiological consequence evaluation in
the updated [final safety analysis report]
FSAR.
The determination that the results of the
proposed changes are acceptable was
established in the NRC Safety Evaluations
prepared for WCAP–14333–P–A (issued by
letter dated July 15, 1998) and for WCAP–
15376–P–A (issued by letter dated December
20, 2002). Implementation of the proposed
changes will not result in a significant risk
impact. Applicability of these conclusions
has been verified through plant-specific
reviews and implementation of the generic
analysis results in accordance with the
respective NRC Safety Evaluation conditions.
The proposed changes to the Completion
Times, bypass test times, and Surveillance
Frequencies reduce the potential for
inadvertent reactor trips and spurious ESF
[engineered safety feature] actuations, and
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
therefore, do not increase the probability of
any accident previously evaluated. The
proposed changes do not change the response
of the plant to any accidents and do not have
a significant impact on the reliability of the
RTS and ESFAS signals. The RTS and ESFAS
will remain highly reliable, and the proposed
changes will not result in a significant
increase in the risk of plant operation. This
is demonstrated by showing that the impact
on plant safety as measured by the increase
in core damage frequency (CDF) is less than
1.0E–06 per year and the increase in large
early release frequency (LERF) is less than
1.0E–07 per year. In addition, for the
Completion Time changes, the incremental
conditional core damage probabilities
(ICCDP) and incremental conditional large
early release probabilities (ICLERP) are less
than 5.0E–07 and 5.0E–08, respectively.
These changes meet the acceptance criteria in
Regulatory Guides 1.174 and 1.177.
Therefore, since the RTS and ESFAS will
continue to perform their functions with high
reliability as originally assumed, and the
increase in risk as measured by DCDF,
DLERF, ICCDP, ICLERP risk metrics is within
the acceptance criteria of existing regulatory
guidance, there will not be a significant
increase in the consequences of any
accidents.
The proposed changes do not adversely
affect accident initiators or precursors nor
alter the design assumptions, conditions, or
configuration of the facility or the manner in
which the plant is operated and maintained.
The proposed changes do not alter or prevent
the ability of structures, systems, and
components (SSCs) from performing their
intended function to mitigate the
consequences of an initiating event within
the assumed acceptance limits. The proposed
changes do not affect the source term,
containment isolation, or radiological release
assumptions used in evaluating the
radiological consequences of an accident
previously evaluated. The proposed changes
are consistent with safety analysis
assumptions and resultant consequences.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
(2) Do the proposed changes create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes will not affect the
normal method of plant operation. No
performance requirements will be affected or
eliminated. The proposed changes will not
result in any hardware changes or physical
alteration to any plant system, nor will there
be any change in the method by which any
safety-related plant system performs its safety
function. There will be no setpoint changes
or changes to accident analysis assumptions.
No new accident scenarios, transient
precursors, failure mechanisms, or limiting
single failures are introduced as a result of
these changes. There will be no adverse effect
or challenges imposed on any safety-related
system as a result of these changes.
Therefore, the proposed changes do not
create the possibility of a new or different
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kind of accident from any accident
previously evaluated.
(3) Do the proposed changes involve a
significant reduction in a margin of safety?
Response: No.
The proposed changes do not affect the
acceptance criteria for any analyzed event
nor is there a change to any Safety Analysis
Limit. There will be no effect on the manner
in which safety limits, limiting safety system
settings (LSSS), or limiting conditions for
operation are determined nor will there be
any effect on those plant systems necessary
to assure the accomplishment of protection
functions. There is no impact on the
supporting RTS and ESFAS setpoint
uncertainty calculations or the LSSS trip
setpoint safety margin. There will be no
impact on the overpower limit, DNBR
[departure from nucleate boiling ratio] limits,
FQ, FDH, LOCA [loss-of-coolant accident]
PCT [peak cladding temperature], peak local
power density, or any other margin of safety.
The radiological dose consequence
acceptance criteria listed in the Standard
Review Plan will continue to be met.
Redundant RTS and ESFAS trains are
maintained, and diversity with regard to the
signals that provide reactor trip and
engineered safety features actuation is also
maintained. All signals credited as primary
or secondary, and all operator actions
credited in the accident analyses will remain
the same. The proposed changes will not
result in plant operation in a configuration
outside the design basis. The calculated
impact on risk is not significant and meets
the acceptance criteria contained in
Regulatory Guides 1.174 and 1.177. Although
there was no attempt to quantify any positive
human factors benefit due to increased
Completion Times and bypass test times, it
is expected that there would be a net benefit
due to a reduced potential for spurious
reactor trips and actuations associated with
testing.
Implementation of the proposed changes is
expected to result in an overall improvement
in safety, as follows:
(a) Reduced testing will result in fewer
inadvertent reactor trips, less frequent
actuation of ESFAS components, and less
frequent distraction of operations personnel,
without significantly affecting RTS and
ESFAS reliability.
(b) Improvements in the effectiveness of
the operating staff in monitoring and
controlling plant operation will be realized.
This is due to less frequent distraction of the
operators and shift supervisor to attend to
instrumentation Required Actions with short
Completion Times.
(c) The Completion Time extensions for the
reactor trip breakers will provide additional
time to complete test and maintenance
activities while at power, potentially
reducing the number of forced outages
related to compliance with reactor trip
breaker Completion Times, and provide
consistency with the Completion Times for
the logic trains.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
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15:11 Jul 07, 2008
Jkt 214001
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: M. Stanford
Blanton, Esq., Balch and Bingham, Post
Office Box 306, 1710 Sixth Avenue
North, Birmingham, Alabama 35201.
NRC Branch Chief: Melanie C. Wong.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information (SUNSI) and
Safeguards Information (SGI) for
Contention Preparation
Dominion Nuclear Connecticut Inc., et
al., Docket No. 50–423, Millstone Power
Station, Unit No. 3, New London
County, Connecticut
Exelon Generation Company, LLC,
Docket Nos. 50–352 and 50–353,
Limerick Generating Station, Units 1
and 2, Montgomery County,
Pennsylvania
Southern Nuclear Operating Company,
Inc., Docket Nos. 50–348 and 50–364,
Joseph M. Farley Nuclear Plant, Units 1
and 2, Houston County, Alabama
1. This order contains instructions
regarding how potential parties to the
proceedings listed above may request
access to documents containing
sensitive unclassified information
(SUNSI and SGI).
2. Within ten (10) days after
publication of this notice of opportunity
for hearing, any potential party as
defined in 10 CFR 2.4 who believes
access to SUNSI or SGI is necessary for
a response to the notice may request
access to SUNSI or SGI. A ‘‘potential
party’’ is any person who intends or
may intend to participate as a party by
demonstrating standing and the filing of
an admissible contention under 10 CFR
2.309. Requests submitted later than ten
(10) days will not be considered absent
a showing of good cause for the late
filing, addressing why the request could
not have been filed earlier.
3. The requester shall submit a letter
requesting permission to access SUNSI
and/or SGI 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, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville, MD
20852. The e-mail address for the Office
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Frm 00090
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39057
of the Secretary and the Office of the
General Counsel are
HearingDocket@nrc.gov and
OGCmail@nrc.gov, respectively.1 The
request must include the following
information:
a. A description of the licensing
action with a citation to this Federal
Register notice of opportunity for
hearing;
b. 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 (a);
c. If the request is for SUNSI, the
identity of the individual requesting
access to SUNSI and the requester’s
need for the information in order to
meaningfully participate in this
adjudicatory proceeding, particularly
why publicly available versions of the
application would not be sufficient to
provide the basis and specificity for a
proffered contention;
d. If the request is for SGI, the identity
of the individual requesting access to
SGI and the identity of any expert,
consultant or assistant who will aid the
requester in evaluating the SGI, and
information that shows:
(i) Why the information is
indispensable to meaningful
participation in this licensing
proceeding; and
(ii) The technical competence
(demonstrable knowledge, skill,
experience, training or education) of the
requester to understand and use (or
evaluate) the requested information 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 demonstrates technical competence
as well as trustworthiness and
reliability, and who agrees to sign a nondisclosure affidavit and be bound by the
terms of a protective order; and
e. If the request is for SGI, Form SF–
85, ‘‘Questionnaire for Non-Sensitive
Positions,’’ Form FD–258 (fingerprint
card), and a credit check release form
completed by the individual who seeks
access to SGI and each individual who
will aid the requester in evaluating the
SGI. For security reasons, Form SF–85
can only be submitted electronically,
through a restricted-access database. To
obtain online access to the form, the
requester should contact the NRC’s
Office of Administration at 301–415–
1 See footnote 6. 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.
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
0320.2 The other completed forms must
be signed in original ink, accompanied
by a check or money order payable in
the amount of $191.00 to the U.S.
Nuclear Regulatory Commission for
each individual, and mailed to the:
Office of Administration, Security
Processing Unit, Mail Stop T–6E46, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0012.
These forms will be used to initiate
the background check, which includes
fingerprinting as part of a criminal
history records check.
Note: Copies of these forms do not need to
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 described above.
ebenthall on PRODPC60 with NOTICES
4. To avoid delays in processing
requests for access to SGI, all forms
should be reviewed for completeness
and accuracy (including legibility)
before submitting them to the NRC.
Incomplete packages will be returned to
the sender and will not be processed.
5. Based on an evaluation of the
information submitted under items 2
and 3.a through 3.d, above, the NRC
staff will determine within ten days of
receipt of the written access 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) there is a
legitimate need for access to SUNSI or
need to know the SGI requested. For
SGI, the need to know determination is
made based on whether the information
requested is necessary (i.e.,
indispensable) for the proposed
recipient to proffer and litigate a
specific contention in this NRC
proceeding 3 and whether the proposed
recipient has the technical competence
(demonstrable knowledge, skill,
training, education, or experience) to
evaluate and use the specific SGI
requested in this proceeding.
6. If standing and need to know SGI
are shown, the NRC staff will further
determine based upon completion of the
background check whether the proposed
recipient is trustworthy and reliable.
The NRC staff will conduct (as
2 The requester will be asked to provide his or her
full name, social security number, date and place
of birth, telephone number, and e-mail address.
After providing this information, the requester
usually should be able to obtain access to the online
form within one business day.
3 Broad SGI requests under these procedures are
thus highly unlikely to meet the standard for need
to know; furthermore, 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 requester’s need to
know than ordinarily would be applied in
connection with an already-admitted contention.
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15:11 Jul 07, 2008
Jkt 214001
necessary) an inspection to confirm that
the recipient’s information protection
systems are sufficient to protect SGI
from inadvertent release or disclosure.
Recipients may opt to view SGI at the
NRC’s facility rather than establish their
own SGI protection program to meet SGI
protection requirements.
7. A request for access to SUNSI or
SGI will be granted if:
a. The request has demonstrated that
there is a reasonable basis to believe that
a potential party is likely to establish
standing to intervene or to otherwise
participate as a party in this proceeding;
b. The proposed recipient of the
information has demonstrated a need for
SUNSI or a need to know for SGI, and
that the proposed recipient of SGI is
trustworthy and reliable;
c. The proposed recipient of the
information has executed a NonDisclosure Agreement or Affidavit and
agrees to be bound by the terms of a
Protective Order setting forth terms and
conditions to prevent the unauthorized
or inadvertent disclosure of SUNSI and/
or SGI; and
d. The presiding officer has issued a
protective order concerning the
information or documents requested.4
Any protective order issued shall
provide that the petitioner must file
SUNSI or SGI contentions 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.
8. If the request for access to SUNSI
or SGI is granted, the terms and
conditions for access to sensitive
unclassified information will be set
forth in a draft protective order and
affidavit of non-disclosure appended to
a joint motion by the NRC staff, any
other affected parties to this
proceeding,5 and the petitioner(s). If the
diligent efforts by the relevant parties or
petitioner(s) fail to result in an
agreement on the terms and conditions
for a draft protective order or nondisclosure affidavit, the relevant parties
to the proceeding or the petitioner(s)
4 If a presiding officer has not yet been
designated, the Chief Administrative Judge will
issue such orders, or will appoint a presiding officer
to do so.
5 Parties/persons other than the requester and the
NRC staff will be notified by the NRC staff of a
favorable access determination (and may participate
in the development of such a motion and protective
order) if it concerns SUNSI and if the party/person’s
interest independent of the proceeding would be
harmed by the release of the information (e.g., as
with proprietary information).
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Frm 00091
Fmt 4703
Sfmt 4703
should notify the presiding officer
within ten (10) days, describing the
obstacles to the agreement.
9. If the request for access to SUNSI
is denied by the NRC staff or a request
for access to SGI is denied by NRC staff
either after a determination on standing
and need to know or, later, after a
determination on trustworthiness and
reliability, the NRC staff shall briefly
state the reasons for the denial. Before
the Office of Administration makes an
adverse determination regarding access,
the proposed recipient must be
provided an opportunity to correct or
explain information. The requester 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 ten (10) 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. In the
same manner, an SGI requester may
challenge an adverse determination on
trustworthiness and reliability by filing
a challenge within fifteen (15) days of
receipt of that determination.
In the same manner, a party other
than the requester 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 ten (10) days of the
notification by the NRC staff of its grant
of such a request.
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 2.311.6
10. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
6 As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic
Submissions in Agency Hearings (72 FR 49139;
Aug. 28, 2007). Requesters should note that the
filing requirements of that rule 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
requests submitted to the NRC staff under these
procedures.
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to SUNSI and/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. Attachment 1 to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
Dated at Rockville, Maryland, this 30th day
of June 2008.
39059
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 (SUNSI) and Safeguards
Information (SGI) in This Proceeding
Day
Event/Activity
0 ....................
Publication of Federal Register notice of proposed action and opportunity for hearing, including order with instructions for access requests.
Deadline for submitting requests for access to SUNSI and/or 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 petitioner/requestor reply).
NRC staff informs the requester 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,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester 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 an adverse determination regarding access, 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 determination either before the presiding officer or another
designated officer.
If access granted: Issuance of presiding officer or other designated officer decision 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 hearing or opportunity for hearing), 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 .............
A + 28 ...........
A + 53 ...........
A + 60 ...........
B ....................
[FR Doc. E8–15301 Filed 7–7–08; 8:45 am]
BILLING CODE 7590–01–P
Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
ACTION:
NUCLEAR REGULATORY
COMMISSION
ebenthall on PRODPC60 with NOTICES
[Docket No. 030–17205]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Nuclear
Materials License No. 06–19244–01, for
Termination of the License and
Unrestricted Release of the Delta
Lighting Corporation Facility in
Stamford, CT
Nuclear Regulatory
Commission.
AGENCY:
VerDate Aug<31>2005
15:11 Jul 07, 2008
Jkt 214001
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Thomas K. Thompson, Sr. Health
Physicist, Commercial, Research and
Development Branch, Division of
Nuclear Materials Safety, Region I, 475
Allendale Road, King of Prussia,
Pennsylvania 19406; telephone (610)
337–5303; fax number (610) 337–5269;
or by e-mail: tkt@nrc.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08JYN1.SGM
08JYN1
Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 39052-39059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15301]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Notice; Applications and Amendments to Facility Operating
Licenses Involving Proposed No Significant Hazards Considerations and
Containing Sensitive Unclassified Non-Safeguards Information or
Safeguards Information and Order Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards Information or Safeguards
Information
I. Background
Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission or NRC staff) is publishing this notice. The Act requires
the Commission 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 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 notices of amendments containing sensitive
unclassified non-safeguards information (SUNSI) or safeguards
information (SGI).
Notice of Consideration of Issuance of Amendments to Facility Operating
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 should 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. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make 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.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D44, Two
[[Page 39053]]
White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays. Copies of written comments received
may be examined at the Commission's Public Document Room (PDR), located
at One White Flint North, Public File Area O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland. The filing of requests for a
hearing and petitions for leave to intervene is discussed below.
Within 60 days after the date of publication of this notice,
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
via electronic submission through the NRC E-Filing system for a hearing
and a petition for leave to intervene. Requests for a hearing and a
petition for leave to intervene shall be filed in accordance with the
Commission's ``Rules of Practice for Domestic Licensing Proceedings''
in 10 CFR Part 2. Interested person(s) should consult a current copy of
10 CFR 2.309, which is available at the Commission's PDR, located at
One White Flint North, Public File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland, or at https://www.nrc.gov/reading-
rm/doc-collections/cfr/part002/part002-0309.html. Publicly available
records will be accessible from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html.
If a request for a hearing or petition for leave to intervene is filed
within 60 days, the Commission or a presiding officer designated by the
Commission or by the Chief Administrative Judge of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/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 requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the petitioner/requestor
seeks to have litigated at 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/requestor shall 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/
requestor intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner/requestor intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements 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,
and have the opportunity to participate fully in the conduct of the
hearing.
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 decide 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 held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, any hearing held would take place before the
issuance of any amendment.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve documents over the internet
or in some cases to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer(tm) to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer(tm) is free and is available
at https://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE 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 e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary
[[Page 39054]]
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before a hearing
request/petition to intervene is filed so that they can obtain access
to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document 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.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. 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.
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the Commission's PDR, located at One White Flint North, Public File
Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the ADAMS Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-4209, (301) 415-4737 or
by e-mail to pdr.resource@nrc.gov.
Dominion Nuclear Connecticut Inc., et al., Docket No. 50-423, Millstone
Power Station, Unit No. 3, New London County, Connecticut
Date of amendment request: May 8, 2008.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
changes would allow for interim alternate steam generator tube repair
criterion, as specified in the Millstone Power Station, Unit 3 (MPS3)
technical specifications. The interim alternate repair criterion would
be for the upcoming refueling outage and the subsequent operating
cycle. The proposed request would also add three reporting criteria to
the MPS3 technical specifications for steam generator tube inspections.
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
Of the various accidents previously evaluated, the proposed
changes affect only the steam generator tube rupture (SGTR) event
evaluation and the postulated steam line break (SLB), locked rotor,
and control rod ejection accident evaluations. Loss-of-coolant
accident (LOCA) conditions cause a compressive axial load to act on
the tube. Therefore, since the LOCA tends to force the tube into the
tubesheet rather than pull it out, it is not a factor in this
amendment request. Another faulted load consideration is a safe
shutdown earthquake (SSE); however, the seismic analysis of Model F
steam generators has shown that axial loading of the tubes is
negligible during an SSE.
At normal operating pressures, leakage from PWSCC [primary water
stress-corrosion cracking] below 17 inches from the TTS [top of
tubesheet] is limited by both the tube-to-tubesheet crevice and the
limited crack opening permitted by the tubesheet constraint.
Consequently, negligible normal operating leakage is expected from
cracks within the tubesheet region.
For the SGTR event, the required structural margins of the steam
generator tubes is [are] maintained by limiting the allowable
ligament size for a circumferential crack to remain in service to
203 degrees below 17 inches from the TTS for the subsequent
operating cycle. Tube rupture is precluded for cracks in the
hydraulic expansion region due to the constraint provided by the
tubesheet. The potential for tube pullout is mitigated by limiting
the allowable crack size to 203 degrees for the subsequent operating
cycle. These allowable crack sizes take into account eddy current
uncertainty and crack growth rate. It has been shown that a
circumferential crack with an azimuthal extent of 203 degrees for
the 18-month SG tubing eddy current inspection interval meets the
performance criteria of NEI 97-06, Rev. 2, ``Steam Generator Program
Guidelines'' and Draft Regulatory Guide (RG) 1.121, ``Bases for
Plugging Degraded PWR [pressurized-water reactor] Steam Generator
Tubes.'' Therefore, the margin against tube burst/pullout is
maintained during normal and postulated accident conditions and the
proposed change does not result in a significant increase in the
probability or consequence of a SGTR.
The probability of a SLB is unaffected by the potential failure
of a SG tube as the failure of a tube is not an initiator for a SLB
event. SLB leakage is limited by leakage flow restrictions resulting
from the leakage path above potential cracks through the tube-to-
tubesheet crevice. The leak rate during postulated accident
conditions (including locked rotor and control rod ejection) has
been shown to remain within the accident analysis assumptions for
all axial or circumferentially oriented cracks occurring 17 inches
below the top of the tubesheet. Since normal operating leakage is
limited to 150 gpd (approximately 0.10 gpm), the attendant accident
condition leak rate, assuming all leakage to be from indications
below 17 inches from the top of the tubesheet, would be bounded by
0.35 gpm. This value is within the accident analysis assumptions for
the limiting design basis accident for MPS3, which is the postulated
SLB event.
Based on the above, the performance criteria of NEI-97-06, Rev.
2 and Draft Regulatory Guide (RG) 1.121 continue to be
[[Page 39055]]
met and the proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
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 change does not introduce any changes or mechanisms
that create the possibility of a new or different kind of accident.
Tube bundle integrity is expected to be maintained for all plant
conditions upon implementation of the interim alternate repair
criteria. The proposed change does not introduce any new equipment
or any change to existing equipment. No new effects on existing
equipment are created nor are any new malfunctions introduced.
Therefore, based on the above evaluation, the proposed changes
do not create the possibility of a new or different kind of accident
from any accident previously evaluated.
3. Does the proposed [amendment] involve a significant reduction
in a margin of safety?
Response: No.
The proposed change maintains the required structural margins of
the steam generator tubes for both normal and accident conditions.
NEI 97-06, Rev. 2 and RG 1.121 are used as the basis in the
development of the limited tubesheet inspection depth methodology
for determining that steam generator tube integrity considerations
are maintained within acceptable limits. RG 1.121 describes a method
acceptable to the NRC staff for meeting GDC 14, 15, 31, and 32 by
reducing the probability and consequences of an SGTR. RG 1.121
concludes that by determining the limiting safe conditions of tube
wall degradation beyond which tubes with unacceptable cracking, as
established by inservice inspection, should be removed from service
or repaired, the probability and consequences of a SGTR are reduced.
This RG uses safety factors on loads for tube burst that are
consistent with the requirements of Section III of the ASME Code.
For axially oriented cracking located within the tubesheet, tube
burst is precluded due to the presence of the tubesheet. For
circumferentially oriented cracking in a tube or the tube-to-
tubesheet weld, Reference 4 defines a length of remaining tube
ligament that provides the necessary resistance to tube pullout due
to the pressure induced forces (with applicable safety factors
applied). Additionally, it is shown that application of the limited
tubesheet inspection depth criteria will not result in unacceptable
primary-to-secondary leakage during all plant conditions.
Based on the above, it is concluded that the proposed changes do
not result in any reduction of margin with respect to plant safety
as defined in the Updated Final Safety Analysis Report or bases of
the plant Technical Specifications.
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: Lillian M. Cuoco, Senior Counsel, Dominion
Resources Services, Inc., Building 475, 5th Floor, Rope Ferry Road,
Waterford, CT 06385.
NRC Branch Chief: Harold K. Chernoff.
Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick
Generating Station, Units 1 and 2, Montgomery County, Pennsylvania
Date of amendment request: October 19, 2007, supplemented by
letters dated March 14, 2008, and March 26, 2008.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
changes would increase the allowed interval between local power range
monitor (LPRM) calibrations from 1000 effective full power hours (EFPH)
to 2000 EFPH as specified in the Limerick Generating Station (LGS),
Units 1 and 2, technical specifications. The proposed interval increase
is enabled by improvements in core monitoring processes and nuclear
instrumentation that have occurred since LGS, Units 1 and 2, were
originally licensed.
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, with NRC staff annotations in
brackets, below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment revises the surveillance interval for the
Local Power Range Monitor (LPRM) calibrations from 1000 Effective
Full Power Hours (EFPH) to 2000 EFPH. Increasing the frequency
interval between required LPRM calibrations is acceptable due to
improvements in core monitoring processes and nuclear
instrumentation and therefore, the revised surveillance interval
continues to ensure that the LPRM detector signal is adequately
calibrated.
This proposed change will not alter the operation of process
variables, structures, systems, or components as described in the
LGS Updated Final Safety Analysis Report. The proposed change does
not alter the initiation conditions or operational parameters for
the LPRM system and there is no new equipment introduced by the
extension of the LPRM calibration interval. The performance of the
APRM [average power range monitor], OPRM [oscillation power range
monitor], RBM [rod block monitor], and 3D MONICORE [core monitoring]
systems [are] not significantly affected by the proposed
surveillance interval increase. As such, the probability of
occurrence of a previously evaluated accident is not increased.
The radiological consequences of an accident can be affected by
the thermal limits existing at the time of the postulated accident;
however, LPRM chamber exposure has no significant effect on the
calculated thermal limits since LPRM accuracy does not significantly
deviate with exposure. For the LPRM extended calibration interval,
the total [bundle] power uncertainty remains [within the accuracy
assumptions of the thermal limit calculation]. Therefore, the
thermal limit calculation is not significantly affected by LPRM
calibration frequency, and thus the radiological consequences of any
accident previously evaluated are not significantly increased.
Therefore, based on the above information, the proposed change
does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The performance of the APRM, OPRM, RBM, and 3D MONICORE systems
is not significantly affected by the proposed LPRM surveillance
interval increase. The proposed change does not affect the control
parameters governing unit operation or the response of plant
equipment to transient conditions. The proposed change does not
change or introduce any new equipment, modes of system operation or
failure mechanisms.
Therefore, based on the above information, the proposed change
does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed change has no impact on equipment design or
fundamental operation, and there are no changes being made to safety
limits or safety system allowable values that would adversely affect
plant safety as a result of the proposed LPRM surveillance interval
increase. The performance of the APRM, OPRM, RBM, and 3D MONICORE
systems is not significantly affected by the proposed change. The
margin of safety can be affected by the thermal limits existing at
the time of the postulated accident; however, uncertainties
associated with LPRM chamber exposure have no significant effect on
the calculated thermal limits. The thermal limit calculation is not
significantly affected since LPRM sensitivity with exposure is well
defined. LPRM accuracy, [even when including an allowance for an
increased uncertainty associated with the LPRM update interval]
remains within the [assumptions] in the thermal analysis basis;
thereby maintaining thermal limits and the safety margin. The
proposed change does
[[Page 39056]]
not affect safety analysis assumptions or initial conditions and
therefore, the margin of safety in the original safety analyses are
maintained.
Therefore, based on the above information, the proposed change
does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, with changes in the areas noted above, 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: J. Bradley Fewell, Esquire, Associate
General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road,
Warrenville, IL 60555.
NRC Branch Chief: Harold K. Chernoff.
Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County,
Alabama
Date of amendment request: December 20, 2007.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise Technical Specification (TS) 3.3.1, ``Reactor
Trip System (RTS) Instrumentation,'' TS 3.3.2, ``Engineered Safety
Feature Actuation System (ESFAS) Instrumentation,'' TS 3.3.6,
``Containment Purge and Exhaust Isolation Instrumentation,'' TS 3.3.7,
``Control Room Emergency Filtration/Pressurization System (CREFS)
Actuation Instrumentation,'' and TS 3.3.8, ``Penetration Room
Filtration (PRF) System Actuation Instrumentation'' to adopt Completion
Time, bypass test time, and Surveillance Requirement (SR) Frequency
changes approved by the Nuclear Regulatory Commission (NRC) in WCAP-
14333-P-A, Revision 1, ``Probabilistic Risk Analysis of the reactor
protection system (RPS) and ESFAS Test Times and Completion Times,''
October 1998 and WCAP-15376-P-A, Revision 1, ``Risk-Informed Assessment
of the RTS and ESFAS Surveillance Test Intervals and Reactor Trip
Breaker Test and Completion Times,'' March 2003. In addition, the
proposed amendments would revise SR 3.3.1.8 to adopt Surveillance
Frequency changes approved by the NRC in Industry/Technical
Specification Task Force (TSTF) Standard Technical Specification (STS)
Change Traveler 242, Revision 1, ``Increase the time to perform a
channel operational test (COT) on Power Range and Intermediate Range
Instruments.'' Also, the proposed amendments would revise the
Completion Times of limiting condition for operation (LCO) 3.3.1,
Condition F from 2 hours to 24 hours consistent with changes approved
by the NRC in Industry/TSTF STS Change Traveler 246, Revision 0, ``RTS
Instrumentation, 3.3.1 Condition F Completion Time.'' Finally, the
proposed amendments would provide for minor editorial changes.
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. Do the proposed changes involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No
Overall protection system performance will remain within the
bounds of the previously performed accident analyses since no
hardware changes are proposed. The same reactor trip system (RTS)
and engineered safety features actuation system (ESFAS)
instrumentation will continue to be used. The protection systems
will continue to function in a manner consistent with the plant
design basis. These changes to the Technical Specifications do not
result in a condition where the design, material, or construction
standards that were applicable prior to the change are altered.
The proposed changes will not modify any system interface. The
proposed changes will not affect the probability of any event
initiators. There will be no degradation in the performance of or an
increase in the number of challenges imposed on safety-related
equipment assumed to function during an accident situation. There
will be no change to normal plant operating parameters or accident
mitigation performance. The proposed changes will not alter any
assumptions or change any mitigation actions in the radiological
consequence evaluation in the updated [final safety analysis report]
FSAR.
The determination that the results of the proposed changes are
acceptable was established in the NRC Safety Evaluations prepared
for WCAP-14333-P-A (issued by letter dated July 15, 1998) and for
WCAP-15376-P-A (issued by letter dated December 20, 2002).
Implementation of the proposed changes will not result in a
significant risk impact. Applicability of these conclusions has been
verified through plant-specific reviews and implementation of the
generic analysis results in accordance with the respective NRC
Safety Evaluation conditions.
The proposed changes to the Completion Times, bypass test times,
and Surveillance Frequencies reduce the potential for inadvertent
reactor trips and spurious ESF [engineered safety feature]
actuations, and therefore, do not increase the probability of any
accident previously evaluated. The proposed changes do not change
the response of the plant to any accidents and do not have a
significant impact on the reliability of the RTS and ESFAS signals.
The RTS and ESFAS will remain highly reliable, and the proposed
changes will not result in a significant increase in the risk of
plant operation. This is demonstrated by showing that the impact on
plant safety as measured by the increase in core damage frequency
(CDF) is less than 1.0E-06 per year and the increase in large early
release frequency (LERF) is less than 1.0E-07 per year. In addition,
for the Completion Time changes, the incremental conditional core
damage probabilities (ICCDP) and incremental conditional large early
release probabilities (ICLERP) are less than 5.0E-07 and 5.0E-08,
respectively. These changes meet the acceptance criteria in
Regulatory Guides 1.174 and 1.177. Therefore, since the RTS and
ESFAS will continue to perform their functions with high reliability
as originally assumed, and the increase in risk as measured by
[Delta]CDF, [Delta]LERF, ICCDP, ICLERP risk metrics is within the
acceptance criteria of existing regulatory guidance, there will not
be a significant increase in the consequences of any accidents.
The proposed changes do not adversely affect accident initiators
or precursors nor alter the design assumptions, conditions, or
configuration of the facility or the manner in which the plant is
operated and maintained. The proposed changes do not alter or
prevent the ability of structures, systems, and components (SSCs)
from performing their intended function to mitigate the consequences
of an initiating event within the assumed acceptance limits. The
proposed changes do not affect the source term, containment
isolation, or radiological release assumptions used in evaluating
the radiological consequences of an accident previously evaluated.
The proposed changes are consistent with safety analysis assumptions
and resultant consequences.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
(2) Do the proposed changes create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes will not affect the normal method of plant
operation. No performance requirements will be affected or
eliminated. The proposed changes will not result in any hardware
changes or physical alteration to any plant system, nor will there
be any change in the method by which any safety-related plant system
performs its safety function. There will be no setpoint changes or
changes to accident analysis assumptions.
No new accident scenarios, transient precursors, failure
mechanisms, or limiting single failures are introduced as a result
of these changes. There will be no adverse effect or challenges
imposed on any safety-related system as a result of these changes.
Therefore, the proposed changes do not create the possibility of
a new or different
[[Page 39057]]
kind of accident from any accident previously evaluated.
(3) Do the proposed changes involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes do not affect the acceptance criteria for
any analyzed event nor is there a change to any Safety Analysis
Limit. There will be no effect on the manner in which safety limits,
limiting safety system settings (LSSS), or limiting conditions for
operation are determined nor will there be any effect on those plant
systems necessary to assure the accomplishment of protection
functions. There is no impact on the supporting RTS and ESFAS
setpoint uncertainty calculations or the LSSS trip setpoint safety
margin. There will be no impact on the overpower limit, DNBR
[departure from nucleate boiling ratio] limits, FQ,
F[Delta]H, LOCA [loss-of-coolant accident] PCT [peak cladding
temperature], peak local power density, or any other margin of
safety. The radiological dose consequence acceptance criteria listed
in the Standard Review Plan will continue to be met.
Redundant RTS and ESFAS trains are maintained, and diversity
with regard to the signals that provide reactor trip and engineered
safety features actuation is also maintained. All signals credited
as primary or secondary, and all operator actions credited in the
accident analyses will remain the same. The proposed changes will
not result in plant operation in a configuration outside the design
basis. The calculated impact on risk is not significant and meets
the acceptance criteria contained in Regulatory Guides 1.174 and
1.177. Although there was no attempt to quantify any positive human
factors benefit due to increased Completion Times and bypass test
times, it is expected that there would be a net benefit due to a
reduced potential for spurious reactor trips and actuations
associated with testing.
Implementation of the proposed changes is expected to result in
an overall improvement in safety, as follows:
(a) Reduced testing will result in fewer inadvertent reactor
trips, less frequent actuation of ESFAS components, and less
frequent distraction of operations personnel, without significantly
affecting RTS and ESFAS reliability.
(b) Improvements in the effectiveness of the operating staff in
monitoring and controlling plant operation will be realized. This is
due to less frequent distraction of the operators and shift
supervisor to attend to instrumentation Required Actions with short
Completion Times.
(c) The Completion Time extensions for the reactor trip breakers
will provide additional time to complete test and maintenance
activities while at power, potentially reducing the number of forced
outages related to compliance with reactor trip breaker Completion
Times, and provide consistency with the Completion Times for the
logic trains.
Therefore, the proposed changes 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: M. Stanford Blanton, Esq., Balch and
Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham,
Alabama 35201.
NRC Branch Chief: Melanie C. Wong.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for
Contention Preparation
Dominion Nuclear Connecticut Inc., et al., Docket No. 50-423, Millstone
Power Station, Unit No. 3, New London County, Connecticut
Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick
Generating Station, Units 1 and 2, Montgomery County, Pennsylvania
Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County,
Alabama
1. This order contains instructions regarding how potential parties
to the proceedings listed above may request access to documents
containing sensitive unclassified information (SUNSI and SGI).
2. Within ten (10) days after publication of this notice of
opportunity for hearing, any potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is necessary for a response to the
notice may request access to SUNSI or SGI. A ``potential party'' is any
person who intends or may intend to participate as a party by
demonstrating standing and the filing of an admissible contention under
10 CFR 2.309. Requests submitted later than ten (10) days will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI 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, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The
e-mail address for the Office of the Secretary and the Office of the
General Counsel are HearingDocket@nrc.gov and OGCmail@nrc.gov,
respectively.\1\ The request must include the following information:
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\1\ See footnote 6. 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.
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a. A description of the licensing action with a citation to this
Federal Register notice of opportunity for hearing;
b. 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 (a);
c. If the request is for SUNSI, the identity of the individual
requesting access to SUNSI and the requester's need for the information
in order to meaningfully participate in this adjudicatory proceeding,
particularly why publicly available versions of the application would
not be sufficient to provide the basis and specificity for a proffered
contention;
d. If the request is for SGI, the identity of the individual
requesting access to SGI and the identity of any expert, consultant or
assistant who will aid the requester in evaluating the SGI, and
information that shows:
(i) Why the information is indispensable to meaningful
participation in this licensing proceeding; and
(ii) The technical competence (demonstrable knowledge, skill,
experience, training or education) of the requester to understand and
use (or evaluate) the requested information 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 demonstrates technical competence
as well as trustworthiness and reliability, and who agrees to sign a
non-disclosure affidavit and be bound by the terms of a protective
order; and
e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-258 (fingerprint card), and a credit
check release form completed by the individual who seeks access to SGI
and each individual who will aid the requester in evaluating the SGI.
For security reasons, Form SF-85 can only be submitted electronically,
through a restricted-access database. To obtain online access to the
form, the requester should contact the NRC's Office of Administration
at 301-415-
[[Page 39058]]
0320.\2\ The other completed forms must be signed in original ink,
accompanied by a check or money order payable in the amount of $191.00
to the U.S. Nuclear Regulatory Commission for each individual, and
mailed to the: Office of Administration, Security Processing Unit, Mail
Stop T-6E46, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0012.
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\2\ The requester will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and e-mail address. After providing this information, the requester
usually should be able to obtain access to the online form within
one business day.
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These forms will be used to initiate the background check, which
includes fingerprinting as part of a criminal history records check.
Note: Copies of these forms do not need to 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
described above.
4. To avoid delays in processing requests for access to SGI, all
forms should be reviewed for completeness and accuracy (including
legibility) before submitting them to the NRC. Incomplete packages will
be returned to the sender and will not be processed.
5. Based on an evaluation of the information submitted under items
2 and 3.a through 3.d, above, the NRC staff will determine within ten
days of receipt of the written access 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) there is a
legitimate need for access to SUNSI or need to know the SGI requested.
For SGI, the need to know determination is made based on whether the
information requested is necessary (i.e., indispensable) for the
proposed recipient to proffer and litigate a specific contention in
this NRC proceeding \3\ and whether the proposed recipient has the
technical competence (demonstrable knowledge, skill, training,
education, or experience) to evaluate and use the specific SGI
requested in this proceeding.
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\3\ Broad SGI requests under these procedures are thus highly
unlikely to meet the standard for need to know; furthermore, 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 requester's need to know than ordinarily would be applied in
connection with an already-admitted contention.
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6. If standing and need to know SGI are shown, the NRC staff will
further determine based upon completion of the background check whether
the proposed recipient is trustworthy and reliable. The NRC staff will
conduct (as necessary) an inspection to confirm that the recipient's
information protection systems are sufficient to protect SGI from
inadvertent release or disclosure. Recipients may opt to view SGI at
the NRC's facility rather than establish their own SGI protection
program to meet SGI protection requirements.
7. A request for access to SUNSI or SGI will be granted if:
a. The request has demonstrated that there is a reasonable basis to
believe that a potential party is likely to establish standing to
intervene or to otherwise participate as a party in this proceeding;
b. The proposed recipient of the information has demonstrated a
need for SUNSI or a need to know for SGI, and that the proposed
recipient of SGI is trustworthy and reliable;
c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms
of a Protective Order setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
d. The presiding officer has issued a protective order concerning
the information or documents requested.\4\ Any protective order issued
shall provide that the petitioner must file SUNSI or SGI contentions 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.
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\4\ If a presiding officer has not yet been designated, the
Chief Administrative Judge will issue such orders, or will appoint a
presiding officer to do so.
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8. If the request for access to SUNSI or SGI is granted, the terms
and conditions for access to sensitive unclassified information will be
set forth in a draft protective order and affidavit of non-disclosure
appended to a joint motion by the NRC staff, any other affected parties
to this proceeding,\5\ and the petitioner(s). If the diligent efforts
by the relevant parties or petitioner(s) fail to result in an agreement
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties to the proceeding or the
petitioner(s) should notify the presiding officer within ten (10) days,
describing the obstacles to the agreement.
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\5\ Parties/persons other than the requester and the NRC staff
will be notified by the NRC staff of a favorable access
determination (and may participate in the development of such a
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by
the release of the information (e.g., as with proprietary
information).
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9. If the request for access to SUNSI is denied by the NRC staff or
a request for access to SGI is denied by NRC staff either after a
determination on standing and need to know or, later, after a
determination on trustworthiness and reliability, the NRC staff shall
briefly state the reasons for the denial. Before the Office of
Administration makes an adverse determination regarding access, the
proposed recipient must be provided an opportunity to correct or
explain information. The requester 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 ten
(10) 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. In the same manner, an SGI requester may challenge an
adverse determination on trustworthiness and reliability by filing a
challenge within fifteen (15) days of receipt of that determination.
In the same manner, a party other than the requester 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 ten (10) days of the notification by the
NRC staff of its grant of such a request.
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.\6\
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\6\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that
the filing requirements of that rule 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
requests submitted to the NRC staff under these procedures.
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10. The Commission expects that the NRC staff and presiding
officers (and any other reviewing officers) will consider and resolve
requests for access
[[Page 39059]]
to SUNSI and/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.
Attachment 1 to this Order summarizes the general target schedule for
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processing and resolving requests under these procedures.
Dated at Rockville, Maryland, this 30th day of June 2008.
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 (SUNSI) and Safeguards Information (SGI) in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0...................... Publication of Federal Register notice of
proposed action and opportunity for hearing,
including order with instructions for access
requests.
10..................... Deadline for submitting requests for access to
SUNSI and/or 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 petitioner/requestor reply).
20..................... NRC staff informs the requester 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,'' ``need to
know,'' or likelihood of standing, the
deadline for petitioner/requester 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 an
adverse determination regarding access, 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 determination either
before the presiding officer or another
designated officer.
A...................... If access granted: Issuance of presiding
officer or other designated officer decision
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 hearing or opportunity for
hearing), 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
B...................... Decision on contention admission.
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[FR Doc. E8-15301 Filed 7-7-08; 8:45 am]
BILLING CODE 7590-01-P