Southern Nuclear Operating Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards, Consideration Determination, and Opportunity for a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 28962-28967 [E9-14305]

Download as PDF 28962 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices The petitioner also stated that other divisions of Kenworth Truck Company and a supplier of interior components for heavy duty trucks have been recently certified for TAA and thus workers of the subject facility should also be eligible for TAA. The Kenworth Truck Company divisions indicated by the petitioner were certified eligible for TAA in January 2009 since the company shifted production of cabs for Class 8 trucks to Mexico. The certifications of these divisions are not relevant to this investigation as certified workers engaged in production of cabs are separately identifiable from workers of the subject firm who are engaged in production of Class 8 heavy duty trucks. The certification of a company supplying interior components for heavy duty trucks is also not relevant to this investigation. When assessing eligibility for TAA, the Department exclusively considers shift in production of articles like or directly competitive with the ones manufactured at the subject firm during the relevant period (one year prior to the date of the petition). The issue of a shift in production by the subject firm to a foreign country was addressed during the initial investigation. It was revealed that the subject firm did not shift production of Class 8 heavy duty trucks during the relevant period. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. DEPARTMENT OF LABOR NUCLEAR REGULATORY COMMISSION Employment and Training Administration [Docket Nos. 50–424 and 50–425; NRC– 2009–0241] [TA–W–64,979] Fiberweb, PLC, Simpsonville, SC; Notice of Negative Determination on Reconsideration Conclusion On May 12, 2009, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice will soon be published in the Federal Register. The initial investigation resulted in a negative determination based on the finding that imports of filtration media did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. In the request for reconsideration, the petitioner alleged that the workers of the subject firm also produced non-filtration products, specifically nonwoven fabrics used in medical applications, hygiene applications and nonwoven rolled goods. The petitioner also alleged that the subject firm shifted production of non-filtration products abroad and that there was an increase in imports of nonfiltration products. The Department of Labor contacted a company official to verify this information. The company official stated that the subject firm ceased production of the non-filtration products at the end of 2006 and that none of the articles outlined by the petitioner were manufactured by workers of the subject firm since 2006. When assessing eligibility for TAA, the Department exclusively considers production and import impact during the relevant time period (one year prior to the date of the petition). Therefore, events occurring prior to January 22, 2008 are outside of the relevant period and are not relevant in this investigation. After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Fiberweb, PLC, Simpsonville, South Carolina. Signed in Washington, DC, this 19th day of May 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–14323 Filed 6–17–09; 8:45 am] Signed at Washington, DC, this 9th day of June 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–14332 Filed 6–17–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Southern Nuclear Operating Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards, Consideration Determination, and Opportunity for a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information (SUNSI) for Contention Preparation The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. NPF– 68 and NPF–81 issued to Southern Nuclear Operating Company (the licensee) for operation of the Vogtle Electric Generating Plant, Units 1 and 2, located in Burke County, Georgia. The proposed amendment would revise Technical Specification (TS) 5.5.9, ‘‘Steam Generator (SG) Program,’’ to exclude portions of the tubes within the tubesheet from periodic SG inspections. In addition, this amendment proposes to revise TS 5.6.10, ‘‘Steam Generator Tube Inspection Report’’ to remove reference to previous interim alternate repair criteria and provide reporting requirements specific to the permanent alternate repair criteria. The proposed change defines the safety significant portion of the tube that must be inspected and repaired. The amendment application dated May 19, 2009, contains sensitive unclassified nonsafeguards information (SUNSI). Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission’s regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 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. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices hazards consideration, which is presented below: (1) Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The previously analyzed accidents are initiated by the failure of plant structures, systems, or components. The proposed change that alters the steam generator inspection criteria and the steam generator inspection reporting criteria does not have a detrimental impact on the integrity of any plant structure, system, or component that initiates an analyzed event. The proposed change will not alter the operation of, or otherwise increase the failure probability of any plant equipment that initiates an analyzed accident. Of the applicable accidents previously evaluated, the limiting transients with consideration to the proposed change to the steam generator tube inspection and repair criteria are the steam generator tube rupture (SGTR) event and the feedline break (FLB) postulated accidents. During the SGTR event, the required structural integrity margins of the steam generator tubes and the tube-to-tubesheet joint over the H* distance will be maintained. Tube rupture in tubes with cracks within the tubesheet is precluded by the constraint provided by the tube-totubesheet joint. This constraint results from the hydraulic expansion process, thermal expansion mismatch between the tube and tubesheet, and from the differential pressure between the primary and secondary side. Based on this design, the structural margins against burst, as discussed in Regulatory Guide (RG) 1.121, ‘‘Bases for Plugging Degraded PWR Steam Generator Tubes,’’ (Reference 10) are maintained for both normal and postulated accident conditions. The proposed change has no impact on the structural or leakage integrity of the portion of the tube outside of the tubesheet. The proposed change maintains structural integrity of the steam generator tubes and does not affect other systems, structures, components, or operational features. Therefore, the proposed change results in no significant increase in the probability of the occurrence of a SGTR accident. At normal operating pressures, leakage from primary water stress corrosion cracking below the proposed limited inspection depth 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. The consequences of an SGTR event are affected by the primary-tosecondary leakage flow during the event. However, primary-to-secondary leakage flow through a postulated broken tube is not affected by the proposed changes since the tubesheet enhances the tube integrity in the region of the hydraulic expansion by precluding tube deformation beyond its initial hydraulically expanded outside diameter. Therefore, the proposed changes do not result in a significant increase in the consequences of a SGTR. VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 The consequences of a steam line break (SLB) are also not significantly affected by the proposed changes. During a SLB accident, the reduction in pressure above the tubesheet on the shell side of the steam generator creates an axially uniformly distributed load on the tubesheet due to the reactor coolant system pressure on the underside of the tubesheet. The resulting bending action constrains the tubes in the tubesheet thereby restricting primary-tosecondary leakage below the midplane. Primary-to-secondary leakage from tube degradation in the tubesheet area during the limiting accident (i.e., a SLB) is limited by flow restrictions. These restrictions result from the crack and tube-to-tubesheet contact pressures that provide a restricted leakage path above the indications and also limit the degree of potential crack face opening as compared to free span indications. The leakage factor of 2.02 for Vogtle Electric Generating Plant (VEGP), for a postulated SLB/FLB, has been calculated as shown in Table 9–7 of Reference 5. The leakage factor of 2.03 is a bounding value for all steam generators, both hot and cold legs, in Table 9–7 of Reference 5. Specifically, for the condition monitoring (CM) assessment, the component of leakage from the prior cycle from below the H* distance will be multiplied by a factor of 2.03 and added to the total leakage from any other source and compared to the allowable accident induced leakage limit. For the operational assessment (OA), the difference in the leakage between the allowable leakage and the accident induced leakage from sources other than the tubesheet expansion region will be divided by 2.03 and compared to the observed operational leakage. The probability of a SLB is unaffected by the potential failure of a steam generator tube as the failure of the 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) has been shown to remain within the accident analysis assumptions for all axial and or circumferentially orientated cracks occurring 13.1 inches below the top of the tubesheet. The accident induced leak rate limit is 1.0 gpm. The TS operational leak rate is 150 gpd (0.1 gpm) through any one steam generator. Consequently, there is significant margin between accident leakage and allowable operational leakage. The SLB/FLB leak rate ratio is only 2.03 resulting in significant margin between the conservatively estimated accident leakage and the allowable accident leakage (1.0 gpm). Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. (2) Does the change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed change that alters the steam generator inspection criteria and the steam generator inspection reporting criteria does not introduce any new equipment, create PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 28963 new failure modes for existing equipment, or create any new limiting single failures. Plant operation will not be altered, and all safety functions will continue to perform as previously assumed in accident analyses. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. (3) Does the change involve a significant reduction in a margin of safety? Response: No. The proposed change that alters the steam generator inspection criteria and the steam generator inspection reporting criteria maintains the required structural margins of the steam generator tubes for both normal and accident conditions[.] NEI 97–06, Revision 2, ‘‘Steam Generator Program Guidelines’’ (Reference 6) and RG 1.121, are used as the bases 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 for meeting GDC 14, ‘‘Reactor Coolant Pressure Boundary,’’ GDC 15, ‘‘Reactor Coolant System Design,’’ GDC 31, ‘‘Fracture Prevention of Reactor Coolant Pressure Boundary,’’ and GDC 32, ‘‘Inspection of Reactor Coolant Pressure Boundary,’’ by reducing the probability and consequences of a SGTR. RG 1.121 concludes that by determining the limiting safe conditions for tube wall degradation 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 American Society of Mechanical Engineers (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, WCAP– 17071–P, ‘‘H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model F),’’ defines a length of degradation free expanded tubing that provides the necessary resistance to tube pullout due to the pressure induced forces, with applicable safety factors applied. Application of the limited hot and cold leg tubesheet inspection criteria will preclude unacceptable primary-to-secondary leakage during all plant conditions. The methodology for determining leakage provides for large margins between calculated and actual leakage values in the proposed limited tubesheet inspection depth criteria. Therefore, the proposed change does not involve a significant reduction in any 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. The Commission is seeking public comments on this proposed determination. Any comments received E:\FR\FM\18JNN1.SGM 18JNN1 28964 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 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 and Directives Branch, TWB–05–B01M, 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. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license. 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 O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, 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 identify 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 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 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 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. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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, 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. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at hearing.docket@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 ViewerTM to access the Electronic Information Exchange (EIE), a E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices component of the E-Filing system. The Workplace Forms ViewerTM 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 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 using the agency’s adjudicatory e-filing system may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC electronic filing Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. The toll-free help line number is (866) 672– 7640. A person filing electronically may also seek assistance by sending an email to the NRC electronic filing Help Desk at MSHD.Resource@nrc.gov. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 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 request and/or petition 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). 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, unless an NRC regulation or other law requires submission of such information. 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 submissions. For further details with respect to this license amendment application, see the application for amendment dated May 19, 2009, which is available for public inspection at the Commission’s PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 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. Persons who do not have access to ADAMS or who encounter problems in accessing the PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 28965 documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr.resource@nrc.gov. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information (SUNSI) for Contention Preparation 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information. 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 is necessary for a response to the notice may request access to such information. 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 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 Hearing.Docket@nrc.gov and OGCMailCenter.Resource@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 potential licensing; c. The identity of the individual requesting access to SUNSI and the 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 under these procedures should be submitted as described in this paragraph. E:\FR\FM\18JNN1.SGM 18JNN1 28966 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 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; 4. Based on an evaluation of the information submitted under items 2 and 3.a through 3.c 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. 5. A request for access to SUNSI 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; 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 d. The presiding officer has issued a protective order concerning the information or documents requested.2 Any protective order issued shall provide that the petitioner must file SUNSI 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 contentions by that later deadline. 6. If the request for access to SUNSI is granted, the terms and conditions for access to such 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,3 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) should notify the presiding officer within five (5) days, describing the obstacles to the agreement. 7. If the request for access to SUNSI is denied by the NRC staff, the NRC staff shall briefly state the reasons for the denial. The requester may challenge the NRC staff’s adverse determination with respect to access to SUNSI (including with respect to standing) by filing a challenge within five (5) days of receipt of that determination with (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to § 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. 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 five (5) 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 2.311.4 8. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, 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. Dated at Rockville, Maryland, this 12th day of June 2009. 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) in This Proceeding Day Event 0 ............................................................ 10 .......................................................... Publication of FEDERAL REGISTER notice, including order with instructions for access requests. Deadline for submitting requests for access to SUNSI with information: supporting the standing of a potential party identified by name and address; and describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+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 need 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). 60 .......................................................... 20 .......................................................... 2 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. 3 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 VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 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). 4 As of October 15, 2007, the NRC’s final ‘‘E– Filing Rule’’ became effective. See Use of Electronic PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 requests submitted to the NRC staff under these procedures. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28967 Day Event 25 .......................................................... If NRC staff finds no ‘‘need’’ for SUNSI 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. 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 consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. 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 contentions by that later deadline. Answers to contentions whose development depends upon access to SUNSI. Petitioner/Intervenor reply to answers. Decision on contention admission. 30 .......................................................... 40 .......................................................... A ........................................................... A+3 ....................................................... A+28 ..................................................... A+53 (Contention receipt +25) ............. A+60 (Answer receipt +7) .................... B ........................................................... [FR Doc. E9–14305 Filed 6–17–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the Materials, Metallurgy, and Reactor Fuels Subcommittee; Notice of Meeting Electronic recordings will be permitted. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 6, 2008 (73 FR 58268– 58269). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 6:45 a.m. and 3:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. The ACRS Subcommittee on the Materials, Metallurgy and Reactor Fuels will hold a meeting on July 7, 2009, 11545 Rockville Pike, Room T2–B3, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Dated: June 12, 2009. Cayetano Santos, Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards. [FR Doc. E9–14304 Filed 6–17–09; 8:45 am] Tuesday, July 7, 2009—1:30 p.m.–5 p.m. BILLING CODE 7590–01–P The Subcommittee will discuss the technical approach and programmatic justification for the Materials and Metallurgy research projects, sponsored by the Office of Nuclear Regulatory Research. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Christopher Brown (Telephone: 301–415–7111) five days prior to the meeting, if possible, so that appropriate arrangements can be made. VerDate Nov<24>2008 21:58 Jun 17, 2009 Jkt 217001 SECURITIES AND EXCHANGE COMMISSION [Release No. IC–28767; File No. 812– 13495] Nationwide Life Insurance Company, et al. June 12, 2009. AGENCY: Securities and Exchange Commission. ACTION: Notice of application for an order pursuant to Section 26(c) of the Investment Company Act of 1940 (the ‘‘1940 Act’’) and an order of exemption pursuant to Section 17(b) of the 1940 Act from Section 17(a) of the 1940 Act. Applicants: Nationwide Life Insurance Company (‘‘NWL’’), PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Nationwide Variable Account—II (‘‘Account II’’), Nationwide Variable Account—7 (‘‘Account 7’’), Nationwide Variable Account—9 (‘‘Account 9’’), Nationwide Variable Account—14 (‘‘Account 14’’), Nationwide Multi-Flex Variable Account (‘‘Flex Account’’), Nationwide VLI Separate Account—2 (‘‘Account 2’’), Nationwide VLI Separate Account—4 (‘‘Account 4’’), Nationwide VLI Separate Account—7 (‘‘VLI Account 7’’), Nationwide Life and Annuity Insurance Company (‘‘NLAIC’’), Nationwide VL Separate Account—G (‘‘Account G’’), Nationwide Life Insurance Company of America (‘‘NLICA’’), Nationwide Provident VLI Separate Account 1 (‘‘Account 1’’), Nationwide Life and Annuity Company of America (‘‘NLACA’’ and together with NWL, NLAIC and NLICA, ‘‘Insurance Company Applicants’’), Nationwide Provident VA Separate Account A (‘‘Account A’’), and Nationwide Provident VLI Separate Account A (‘‘VLI Account A’’ and together with Account II, Account 7, Account 9, Account 14, Flex Account, Account 2, VLI Account 7, Account G, Account 1, and Account A, ‘‘Separate Accounts’’ and, together with Insurance Company Applicants, ‘‘Section 26 Applicants’’), and Nationwide Variable Insurance Trust (‘‘NVIT’’ and together with Section 26 Applicants, ‘‘Section 17 Applicants’’). SUMMARY: Summary of Application: Section 26 Applicants seek an order pursuant to Section 26(c) of the 1940 Act, approving the substitutions of certain securities (the ‘‘Substitutions’’) issued by certain management investment companies and held by Separate Accounts to support certain E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 28962-28967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14305]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425; NRC-2009-0241]


Southern Nuclear Operating Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards, Consideration Determination, and Opportunity for a 
Hearing, and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information (SUNSI) for Contention 
Preparation

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-68 and NPF-81 issued to Southern Nuclear Operating Company (the 
licensee) for operation of the Vogtle Electric Generating Plant, Units 
1 and 2, located in Burke County, Georgia.
    The proposed amendment would revise Technical Specification (TS) 
5.5.9, ``Steam Generator (SG) Program,'' to exclude portions of the 
tubes within the tubesheet from periodic SG inspections. In addition, 
this amendment proposes to revise TS 5.6.10, ``Steam Generator Tube 
Inspection Report'' to remove reference to previous interim alternate 
repair criteria and provide reporting requirements specific to the 
permanent alternate repair criteria. The proposed change defines the 
safety significant portion of the tube that must be inspected and 
repaired. The amendment application dated May 19, 2009, contains 
sensitive unclassified non-safeguards information (SUNSI).
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant

[[Page 28963]]

hazards consideration, which is presented below:

    (1) Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The proposed change 
that alters the steam generator inspection criteria and the steam 
generator inspection reporting criteria does not have a detrimental 
impact on the integrity of any plant structure, system, or component 
that initiates an analyzed event. The proposed change will not alter 
the operation of, or otherwise increase the failure probability of 
any plant equipment that initiates an analyzed accident.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the steam 
generator tube inspection and repair criteria are the steam 
generator tube rupture (SGTR) event and the feedline break (FLB) 
postulated accidents.
    During the SGTR event, the required structural integrity margins 
of the steam generator tubes and the tube-to-tubesheet joint over 
the H* distance will be maintained. Tube rupture in tubes with 
cracks within the tubesheet is precluded by the constraint provided 
by the tube-to-tubesheet joint. This constraint results from the 
hydraulic expansion process, thermal expansion mismatch between the 
tube and tubesheet, and from the differential pressure between the 
primary and secondary side. Based on this design, the structural 
margins against burst, as discussed in Regulatory Guide (RG) 1.121, 
``Bases for Plugging Degraded PWR Steam Generator Tubes,'' 
(Reference 10) are maintained for both normal and postulated 
accident conditions.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural integrity of the steam 
generator tubes and does not affect other systems, structures, 
components, or operational features. Therefore, the proposed change 
results in no significant increase in the probability of the 
occurrence of a SGTR accident.
    At normal operating pressures, leakage from primary water stress 
corrosion cracking below the proposed limited inspection depth 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. The consequences of an SGTR event are affected 
by the primary-to-secondary leakage flow during the event. However, 
primary-to-secondary leakage flow through a postulated broken tube 
is not affected by the proposed changes since the tubesheet enhances 
the tube integrity in the region of the hydraulic expansion by 
precluding tube deformation beyond its initial hydraulically 
expanded outside diameter. Therefore, the proposed changes do not 
result in a significant increase in the consequences of a SGTR.
    The consequences of a steam line break (SLB) are also not 
significantly affected by the proposed changes. During a SLB 
accident, the reduction in pressure above the tubesheet on the shell 
side of the steam generator creates an axially uniformly distributed 
load on the tubesheet due to the reactor coolant system pressure on 
the underside of the tubesheet. The resulting bending action 
constrains the tubes in the tubesheet thereby restricting primary-
to-secondary leakage below the midplane.
    Primary-to-secondary leakage from tube degradation in the 
tubesheet area during the limiting accident (i.e., a SLB) is limited 
by flow restrictions. These restrictions result from the crack and 
tube-to-tubesheet contact pressures that provide a restricted 
leakage path above the indications and also limit the degree of 
potential crack face opening as compared to free span indications.
    The leakage factor of 2.02 for Vogtle Electric Generating Plant 
(VEGP), for a postulated SLB/FLB, has been calculated as shown in 
Table 9-7 of Reference 5. The leakage factor of 2.03 is a bounding 
value for all steam generators, both hot and cold legs, in Table 9-7 
of Reference 5. Specifically, for the condition monitoring (CM) 
assessment, the component of leakage from the prior cycle from below 
the H* distance will be multiplied by a factor of 2.03 and added to 
the total leakage from any other source and compared to the 
allowable accident induced leakage limit. For the operational 
assessment (OA), the difference in the leakage between the allowable 
leakage and the accident induced leakage from sources other than the 
tubesheet expansion region will be divided by 2.03 and compared to 
the observed operational leakage.
    The probability of a SLB is unaffected by the potential failure 
of a steam generator tube as the failure of the 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) has been 
shown to remain within the accident analysis assumptions for all 
axial and or circumferentially orientated cracks occurring 13.1 
inches below the top of the tubesheet. The accident induced leak 
rate limit is 1.0 gpm. The TS operational leak rate is 150 gpd (0.1 
gpm) through any one steam generator. Consequently, there is 
significant margin between accident leakage and allowable 
operational leakage. The SLB/FLB leak rate ratio is only 2.03 
resulting in significant margin between the conservatively estimated 
accident leakage and the allowable accident leakage (1.0 gpm).
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    (2) Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change that alters the steam generator inspection 
criteria and the steam generator inspection reporting criteria does 
not introduce any new equipment, create new failure modes for 
existing equipment, or create any new limiting single failures. 
Plant operation will not be altered, and all safety functions will 
continue to perform as previously assumed in accident analyses.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    (3) Does the change involve a significant reduction in a margin 
of safety?
    Response: No.
    The proposed change that alters the steam generator inspection 
criteria and the steam generator inspection reporting criteria 
maintains the required structural margins of the steam generator 
tubes for both normal and accident conditions[.] NEI 97-06, Revision 
2, ``Steam Generator Program Guidelines'' (Reference 6) and RG 
1.121, are used as the bases 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 
for meeting GDC 14, ``Reactor Coolant Pressure Boundary,'' GDC 15, 
``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention of 
Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of 
Reactor Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation 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 American Society of Mechanical Engineers (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, WCAP-17071-P, ``H*: Alternate 
Repair Criteria for the Tubesheet Expansion Region in Steam 
Generators with Hydraulically Expanded Tubes (Model F),'' defines a 
length of degradation free expanded tubing that provides the 
necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary-to-secondary leakage during all plant 
conditions. The methodology for determining leakage provides for 
large margins between calculated and actual leakage values in the 
proposed limited tubesheet inspection depth criteria.
    Therefore, the proposed change does not involve a significant 
reduction in any 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.
    The Commission is seeking public comments on this proposed 
determination. Any comments received

[[Page 28964]]

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 
and Directives Branch, TWB-05-B01M, 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. Documents may be examined, 
and/or copied for a fee, at the NRC's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license. 
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 O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
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/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, 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 identify 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 
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 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 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, 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.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing 
process requires participants to submit and serve all adjudicatory 
documents over the internet, or in some cases to mail copies on 
electronic storage media. Participants may not submit paper copies of 
their filings unless they seek an exemption in accordance with the 
procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the petitioner/requestor 
should contact the Office of the Secretary by e-mail at 
hearing.docket@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

[[Page 28965]]

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 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 using the agency's adjudicatory e-
filing system 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 electronic filing Help Desk, 
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday 
through Friday, excluding government holidays. The toll-free help line 
number is (866) 672-7640. A person filing electronically may also seek 
assistance by sending an e-mail to the NRC electronic filing Help Desk 
at MSHD.Resource@nrc.gov.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
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 request and/
or petition 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).
    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, unless an NRC regulation or 
other law requires submission of such information. 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 submissions.
    For further details with respect to this license amendment 
application, see the application for amendment dated May 19, 2009, 
which is available for public inspection at the Commission's PDR, 
located at One White Flint North, File Public Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. 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. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to pdr.resource@nrc.gov.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information.
    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 is necessary for a response to the notice 
may request access to such information. 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 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 Hearing.Docket@nrc.gov and OGCMailCenter.Resource@nrc.gov, 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \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 under these procedures should be submitted as described 
in this paragraph.
---------------------------------------------------------------------------

    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 potential licensing;
    c. The identity of the individual requesting access to SUNSI and 
the

[[Page 28966]]

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;
    4. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.c 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.
    5. A request for access to SUNSI 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;
    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
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\2\ Any protective order issued 
shall provide that the petitioner must file SUNSI 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 contentions by that later deadline.
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

    6. If the request for access to SUNSI is granted, the terms and 
conditions for access to such 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,\3\ 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 five (5) days, describing 
the obstacles to the agreement.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    7. If the request for access to SUNSI is denied by the NRC staff, 
the NRC staff shall briefly state the reasons for the denial. The 
requester may challenge the NRC staff's adverse determination with 
respect to access to SUNSI (including with respect to standing) by 
filing a challenge within five (5) days of receipt of that 
determination with (a) the presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to Sec.  2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    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 five (5) 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.\4\
---------------------------------------------------------------------------

    \4\ 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 
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    8. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, 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.

    Dated at Rockville, Maryland, this 12th day of June 2009.

    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) in This Proceeding

------------------------------------------------------------------------
             Day                                 Event
------------------------------------------------------------------------
0............................  Publication of Federal Register notice,
                                including order with instructions for
                                access requests.
10...........................  Deadline for submitting requests for
                                access to SUNSI with information:
                                supporting the standing of a potential
                                party identified by name and address;
                                and describing the need for the
                                information in order for the potential
                                party to participate meaningfully in an
                                adjudicatory proceeding.
60...........................  Deadline for submitting petition for
                                intervention containing: (i)
                                Demonstration of standing; (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+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 need 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).

[[Page 28967]]

 
25...........................  If NRC staff finds no ``need'' for SUNSI
                                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.
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 consistent with decision
                                issuing the protective order.
A+28.........................  Deadline for submission of contentions
                                whose development depends upon access to
                                SUNSI. 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 contentions by that later
                                deadline.
A+53 (Contention receipt +25)  Answers to contentions whose development
                                depends upon access to SUNSI.
A+60 (Answer receipt +7).....  Petitioner/Intervenor reply to answers.
B............................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. E9-14305 Filed 6-17-09; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.