Applications and Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 64744-64749 [E9-28972]
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
America Competes Act, H.R. 2272, and
implementing directives.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 1.75 hours per
response.
Respondents: Individuals.
Estimated Number of Responses per
Form: 200.
Estimated Total Annual Burden on
Respondents: 350 hours (200
respondents at 1.75 hours per response)
Frequency of Response: One time.
Dated: December 2, 2009.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. E9–29133 Filed 12–7–09; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Record of Decision
National Science Foundation.
Notice of Record of Decision.
AGENCY:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
ACTION:
SUMMARY: On December 3, 2009, the
National Science Foundation (NSF)
issued a Record of Decision (ROD)
approving the funding for the
construction of the Advanced
Technology Solar Telescope (ATST)
Project at the Preferred Mees site located
¯
within the Haleakala High Altitude
Observatory on the Island of Maui,
Hawai‘i. The decision to fund the ATST
is in response to a construction proposal
submitted by the National Solar
Observatory in 2004. The ATST is
founded on one of NSF’s fundamental
missions, which is to support the
scientific community’s objectives to
achieve unprecedented progress in solar
observation. Although major adverse
environmental impacts will result, the
construction of the ATST at the
Preferred Mees site represents an
opportunity to implement a critical and
unique astronomical resource that is
expected to be useful and innovative for
several decades to come. Increasing our
understanding of the Sun and its ability
to affect life on Earth will go a long way
toward helping us predict certain
catastrophic events and provide us with
the opportunity to address the potential
consequences.
Prior to issuance of the ROD, a Final
Environmental Impact Statement (FEIS)
for the ATST Project, which was
prepared as a joint Federal and State of
Hawai‘i document in compliance with
the Federal National Environmental
Policy Act, 42 U.S.C. 4321, et seq.
(NEPA), and the State of Hawai‘i
Chapter 343, Hawai‘i Revised Statutes,
was completed and made available to
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the public in late July of 2009. Three
alternatives were analyzed in the FEIS,
including the Preferred Mees site, the
Alternative Reber Circle site (also
located within HO), and the No-Action
Alternative. The Preferred Mees site,
which is also the environmentally
preferred alternative was selected in the
ROD. As explained more thoroughly in
both the FEIS and ROD, construction
and operation of the ATST at the
Preferred Mees site will result in several
major, adverse impacts to various
resources, including cultural resources,
viewsheds, and noise. While NSF will
not be able to reduce all adverse impacts
to lower intensity levels, the scientific
gains that the ATST will provide have
the potential to yield a significant
benefit to life on Earth. NSF has,
however, committed to implementation
of a full suite of mitigation measures,
which represent a dedicated, multi-year
effort by NSF to address and reduce
adverse impacts.
The ROD also follows NSF’s
completion of its compliance
obligations under Section 106 of the
National Historic Preservation Act and
the Endangered Species Act. The ROD
is now available on the Internet at:
https://atst.nso.edu/nsf-env in Adobe®
portable document format (PDF).
Limited hard copies of the ROD are also
available, on a first request basis, by
contacting the NSF contact, Craig Foltz,
Ph.D., ATST Program Director, 4201
Wilson Boulevard, Room 1045,
Arlington, VA 22230, Telephone: 703–
292–4909, e-mail: cfoltz@nsf.gov.
NUCLEAR REGULATORY
COMMISSION
FOR FURTHER INFORMATION CONTACT:
Craig Foltz, Ph.D., ATST Program
Manager, National Science Foundation,
Division of Astronomical Sciences, 4201
Wilson Boulevard, Room 1045,
Arlington, VA 22230; Telephone: 703–
292–4909, Fax: 703–292–9034, E-mail:
cfoltz@nsf.gov.
The Commission has made a
proposed determination that the
following amendment requests involve
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. 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.
Dated: December 3, 2009.
Craig Foltz,
ATST Program Manager, National Science
Foundation.
[FR Doc. E9–29229 Filed 12–7–09; 8:45 am]
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[NRC–2009–0513]
Applications and Amendments to
Facility Operating Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-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).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
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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 (RDB), 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. Written comments may also be
faxed to the RDB at 301–492–3446.
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 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
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Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm.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
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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.
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,
(August 28, 2009; 72 FR 49139). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. 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
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRC-
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issued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s on-line, web-based
submission form. In order to serve
documents through EIE, users will be
required to install a web browser plugin from the NRC Web site. Further
information on the web-based
submission form, including the
installation of the web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email 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
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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 by
contacting the NRC Meta-System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta-System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR. 2.302(g), with their initial paper
filing 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. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in 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, or the 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
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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.
Petitions for leave to intervene must
be filed no later than 60 days from
December 8, 2009. Non-timely filings
will not be entertained absent a
determination by the presiding officer
that the petition or request should be
granted 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
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 electronically 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.
South Carolina Electric & Gas
Company, South Carolina Public
Service Authority, Docket No. 50–395,
Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, SC
Date of amendment request: June 9,
2009.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment(s)
would revise Technical Specification
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5.3.1, ‘‘Fuel Assemblies,’’ by adding
Optimized ZIRLOTM as an acceptable
fuel rod cladding material. Additionally
TS 6.9.1.11, ‘‘Core Operating Limits
Report,’’ is being revised to add reports
WCAP–12610–P–A, ‘‘VANTAGE + Fuel
Assembly Reference Core Report,’’ April
1995, (W Proprietary) and CENPD–404–
P–A, ‘‘Optimized ZIRLOTM,’’
Addendum 1–A, July 2006, to the
analytical methods used to determine
the core operating limits.
Basis for proposed no significant
hazards consideration determination:
As required by Title 10 of the Code of
Federal Regulations (10 CFR) 50.91(a),
the licensee has provided its analysis of
the issue of no significant hazards
consideration, which is presented
below:
South Carolina Electric & Gas (SCE&G) has
evaluated whether or not a significant
hazards consideration is involved with the
proposed amendment by focusing on the
three standards set forth in 10 CFR 50.92,
‘‘Issuance of amendment,’’ as discussed
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed Technical Specification
change is to add Optimized ZIRLOTM to the
allowable or approved cladding materials to
be used at Virgil C. Summer Nuclear Station
(VCSNS). The proposed change of adding a
cladding material does not result in an
increase to the probability or consequences of
an accident previously evaluated. Technical
Specifications (TS 5.3.1) address the reactor
core assemblies that specify, ‘‘Each fuel
assembly shall consist of 264 Zicaloy-4 or
ZIRLOTM clad fuel rods* * *’’ The proposed
change will add Optimized ZIRLOTM to the
approved fuel rod cladding materials.
Additionally, reference to WCAP–12610–P–
A, ‘‘VANTAGE + Fuel Assembly Reference
Core Report,’’ April 1995 (W Proprietary) and
WCAP–12610–P–A & CENPD–404–P–A,
Addendum 1–A, ‘‘Optimized ZIRLOTM,’’ July
2006 (W Proprietary) will be included to the
listing of documents previously reviewed
and approved by the NRC within TS 6.9.1.11.
Westinghouse Electric Company, LLC
(Westinghouse) topical report WCAP–12610–
P–A and CENPD–404–P–A, Addendum 1–A
‘‘Optimized ZIRLOTM,’’ July 2006, provides
the details and results of material testing of
Optimized ZIRLOTM compared to standard
ZIRLOTM as well as the material properties to
be used in various models and methodologies
when analyzing Optimized ZIRLOTM. As the
nuclear industry pursues longer operating
cycles with increased fuel discharge burnup
and fuel duty, the corrosion performance
requirements for the nuclear fuel cladding
become more demanding. Optimized
ZIRLOTM was developed to meet these needs
and provides a reduced corrosion rate while
maintaining the benefits of mechanical
strength and resistance to accelerated
corrosion from abnormal chemistry
conditions. In addition, fuel rod internal
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pressures (resulting from the increased fuel
duty, use of integral fuel burnable absorbers,
and corrosion/temperature feedback effects)
have become more limiting with respect to
fuel rod design criteria. Reducing the
associated corrosion buildup and thus
minimizing temperature feedback effects,
provides additional margin to the fuel rod
internal pressure design criterion. Therefore,
adding Optimized ZIRLOTM to the approved
fuel rod cladding materials does not result in
an increase to the probability or
consequences of an accident previously
evaluated.
The U.S. Nuclear Regulatory Commission
(NRC) has allowed use of Optimized
ZIRLOTM fuel cladding material in
Westinghouse fueled reactors provided that
licensees ensure compliance with the
conditions and limitations set forth within
NRC Safety Evaluation (SE) for the topical
report. The conditions and limitations are the
current requirements and confirmation of
these conditions is required as part of the
core reload process.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed Technical Specification
change is to add Optimized ZIRLOTM to the
allowable or approved cladding materials to
be used at VCSNS. Optimized ZIRLOTM was
developed to provide a reduced corrosion
rate while maintaining the benefits of
mechanical strength and resistance to
accelerated corrosion from abnormal
chemistry conditions. The fuel rod design
bases are established to satisfy the general
and specific safety criteria addressed within
FSAR Chapter 15, Accident Analyses and
TSs. The fuel rods are designed to prevent
excessive fuel temperatures, excessive
internal rod gas pressures due to fission gas
releases, and excessive cladding stresses and
strains. Westinghouse topical report WCAP–
12610–P–A and CENPD–404–P–A,
Addendum 1–A ‘‘Optimized ZIRLOTM,’’ July
2006, provides the details and results of
material testing of Optimized ZIRLOTM
compared to standard ZIRLOTM as well as the
material properties to be used in various
models and methodologies when analyzing
Optimized ZIRLOTM. The original design
basis requirements have been maintained.
Therefore, the change in material does not
create the possibility of a new or different
kind of accident or malfunction previously
evaluated within the FSAR.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The cladding material used in the fuel rods
are designed and tested to prevent excessive
fuel temperatures, excessive internal rod gas
pressure due to fission gas releases and
excessive cladding stresses and strains.
Optimized ZIRLOTM was developed to meet
these needs and provides a reduced corrosion
rate while maintaining the benefits of
mechanical strength and resistance to
accelerated corrosion from abnormal
chemistry conditions. Westinghouse topical
report WCAP–12610–P–A and CENPD–404–
P–A, Addendum 1–A ‘‘Optimized ZIRLOTM,’’
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July 2006, provides the details and results of
material testing of Optimized ZIRLOTM
compared to standard ZIRLOTM as well as the
material properties to be used in various
models and methodologies when analyzing
Optimized ZIRLOTM. The NRC has allowed
use of Optimized ZIRLOTM fuel cladding
material detailed within this topical report as
detailed within their Safety Evaluation (SE).
The original design basis requirements have
been maintained. Therefore, the change in
material does not result in a reduction in
margin required to preclude or reduce the
effects of an accident or malfunction
previously evaluated in the FSAR.
Based on the above, SCE&G concludes that
the proposed amendment present no
significant hazards consideration under the
standards set forth in 10 CFR 50.92(c), and,
accordingly, a finding of no significant
hazards consideration is justified.
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.
NRC Branch Chief: Gloria J. Kulesa.
Attorney for licensee: J. Hagood
Hamilton, Jr., South Carolina Electric &
Gas Company, Post Office Box 764,
Columbia, South Carolina 29218.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
South Carolina Electric & Gas
Company, South Carolina Public
Service Authority, Docket No. 50–395,
Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, SC
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
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64748
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
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,
Maryland 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@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1);
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention;
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted 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.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either after
a determination on standing and need
for access, or after a determination on
trustworthiness and reliability, the NRC
staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. 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 with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
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 2.311.3
I. 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.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 30th day
of November 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 IN THIS PROCEEDING
Day
Event/activity
0 ...........................................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including
order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) 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.
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).
10 .........................................
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
60 .........................................
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (August 28,
2007; 72 FR 49139) 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 request submitted to the
NRC staff under these procedures.
E:\FR\FM\08DEN1.SGM
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
64749
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/activity
20 .........................................
Nuclear Regulatory Commission (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).
If NRC staff finds no ‘‘need’’ or no 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.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
25 .........................................
30 .........................................
40 .........................................
A ...........................................
A + 3 .....................................
A + 28 ...................................
A + 53 ...................................
A + 60 ...................................
>A + 60 ................................
[FR Doc. E9–28972 Filed 12–7–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–143; NRC–2009–0529; EA–
08–103]
Nuclear Fuel Services, Inc., License
No. SNM–124, Erwin, TN; Confirmatory
Order Modifying License (Effective
Immediately)
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
I
Nuclear Fuel Services, Incorporated
(NFS or Licensee) is the holder of
Special Nuclear Materials License No.
SNM–124 issued by the Nuclear
Regulatory Commission (NRC or
Commission) pursuant to 10 CFR part
70 on July 2, 1999. The license
authorizes the operation of the NFS
facility in accordance with the
conditions specified therein. The
facility is located on the Licensee’s site
in Erwin, Tennessee.
This Confirmatory Order is the result
of an agreement reached during an
Alternative Dispute Resolution (ADR)
session conducted on September 15,
2009.
II
On April 20, 2006, an investigation
was initiated by the NRC’s Office of
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
Investigations (OI) to review a March
2006 incident involving a senior
executive at NFS who consumed
alcohol less than five hours before a
scheduled working tour. Based on the
OI investigation and subsequent NRC
staff review, the NRC advised NFS by
letter dated January 7, 2009, of the
identification of seven apparent
violations:
(1) On March 9, 2006, a senior
executive of NFS consumed alcohol less
than five hours before a scheduled
working tour, in apparent violation of
10 CFR 26.20.
(2) In March 2006, NFS failed to
relieve the senior executive of his
duties, failed to perform for-cause
testing to determine his fitness for duty,
and failed to implement management
actions in apparent violation of 10 CFR
26.24, 10 CFR 26.27, and an NFS
procedure.
(3) On April 5, 2006, NFS granted the
senior executive Self-Referral
Rehabilitation Status in the NFS
Employee Assistance Program after he
had been notified of an ongoing Fitness
for Duty (FFD) investigation, in
apparent violation of 10 CFR 26.20 and
an NFS procedure.
(4) Between April 5 and 30, 2006, an
NFS senior executive, in
correspondence addressed to NRC,
stated that the NFS senior executive had
entered a substance abuse rehabilitation
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
program when, in fact, he had not done
so, in apparent violation of 10 CFR 70.9.
(5) On April 11, 2006, in apparent
violation of 10 CFR 70.9, Completeness
and accuracy of information, a senior
NFS manager placed a letter in the
senior executive’s personnel file, and on
June 8, 2006, NFS provided this letter,
which was not accurate in all material
respects, to the NRC. Specifically, the
letter stated that the senior executive
had entered a substance abuse
rehabilitation program when, in fact, the
senior executive had not done so.
(6) In May 2006, in apparent violation
of 10 CFR 26.27 and the NFS FFD
Program, NFS failed to determine the
senior executive’s fitness to safely and
competently perform his duties and
responsibilities before returning him to
duty.
(7) NFS did not provide appropriate
training to ensure that employees
understood their roles and
responsibilities in implementing its FFD
Program and understood 10 CFR part 26
requirements.
III
On September 15, 2009, the NRC and
NFS met in an ADR session mediated by
a professional mediator, which was
arranged through Cornell University’s
Institute on Conflict Resolution. ADR is
a process in which a neutral mediator
with no decision-making authority
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64744-64749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28972]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0513]
Applications and Amendments to Facility Operating Licenses
Involving Proposed No Significant Hazards Considerations and Containing
Sensitive Unclassified Non-Safeguards Information and Order Imposing
Procedures for Access to Sensitive Unclassified Non-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).
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 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. 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.
[[Page 64745]]
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 (RDB), 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. Written comments may also
be faxed to the RDB at 301-492-3446. 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 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.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.
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, (August 28,
2009; 72 FR 49139). 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 participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
[[Page 64746]]
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Help Desk will not be able to offer assistance in using
unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's on-line, web-based submission form. In order
to serve documents through EIE, users will be required to install a web
browser plug-in from the NRC Web site. Further information on the web-
based submission form, including the installation of the web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing 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 by contacting the NRC Meta-System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta-System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR. 2.302(g), with their initial paper filing
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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
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, or the 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 submission.
Petitions for leave to intervene must be filed no later than 60
days from December 8, 2009. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted 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 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 electronically 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.
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, SC
Date of amendment request: June 9, 2009.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment(s) would revise Technical Specification
[[Page 64747]]
5.3.1, ``Fuel Assemblies,'' by adding Optimized ZIRLOTM as
an acceptable fuel rod cladding material. Additionally TS 6.9.1.11,
``Core Operating Limits Report,'' is being revised to add reports WCAP-
12610-P-A, ``VANTAGE + Fuel Assembly Reference Core Report,'' April
1995, (W Proprietary) and CENPD-404-P-A, ``Optimized
ZIRLOTM,'' Addendum 1-A, July 2006, to the analytical
methods used to determine the core operating limits.
Basis for proposed no significant hazards consideration
determination: As required by Title 10 of the Code of Federal
Regulations (10 CFR) 50.91(a), the licensee has provided its analysis
of the issue of no significant hazards consideration, which is
presented below:
South Carolina Electric & Gas (SCE&G) has evaluated whether or
not a significant hazards consideration is involved with the
proposed amendment by focusing on the three standards set forth in
10 CFR 50.92, ``Issuance of amendment,'' as discussed below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed Technical Specification change is to add Optimized
ZIRLOTM to the allowable or approved cladding materials
to be used at Virgil C. Summer Nuclear Station (VCSNS). The proposed
change of adding a cladding material does not result in an increase
to the probability or consequences of an accident previously
evaluated. Technical Specifications (TS 5.3.1) address the reactor
core assemblies that specify, ``Each fuel assembly shall consist of
264 Zicaloy-4 or ZIRLOTM clad fuel rods* * *'' The
proposed change will add Optimized ZIRLOTM to the
approved fuel rod cladding materials. Additionally, reference to
WCAP-12610-P-A, ``VANTAGE + Fuel Assembly Reference Core Report,''
April 1995 (W Proprietary) and WCAP-12610-P-A & CENPD-404-P-A,
Addendum 1-A, ``Optimized ZIRLOTM,'' July 2006 (W
Proprietary) will be included to the listing of documents previously
reviewed and approved by the NRC within TS 6.9.1.11.
Westinghouse Electric Company, LLC (Westinghouse) topical report
WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A ``Optimized
ZIRLOTM,'' July 2006, provides the details and results of
material testing of Optimized ZIRLOTM compared to
standard ZIRLOTM as well as the material properties to be
used in various models and methodologies when analyzing Optimized
ZIRLOTM. As the nuclear industry pursues longer operating
cycles with increased fuel discharge burnup and fuel duty, the
corrosion performance requirements for the nuclear fuel cladding
become more demanding. Optimized ZIRLOTM was developed to
meet these needs and provides a reduced corrosion rate while
maintaining the benefits of mechanical strength and resistance to
accelerated corrosion from abnormal chemistry conditions. In
addition, fuel rod internal pressures (resulting from the increased
fuel duty, use of integral fuel burnable absorbers, and corrosion/
temperature feedback effects) have become more limiting with respect
to fuel rod design criteria. Reducing the associated corrosion
buildup and thus minimizing temperature feedback effects, provides
additional margin to the fuel rod internal pressure design
criterion. Therefore, adding Optimized ZIRLOTM to the
approved fuel rod cladding materials does not result in an increase
to the probability or consequences of an accident previously
evaluated.
The U.S. Nuclear Regulatory Commission (NRC) has allowed use of
Optimized ZIRLOTM fuel cladding material in Westinghouse
fueled reactors provided that licensees ensure compliance with the
conditions and limitations set forth within NRC Safety Evaluation
(SE) for the topical report. The conditions and limitations are the
current requirements and confirmation of these conditions is
required as part of the core reload process.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed Technical Specification change is to add Optimized
ZIRLOTM to the allowable or approved cladding materials
to be used at VCSNS. Optimized ZIRLOTM was developed to
provide a reduced corrosion rate while maintaining the benefits of
mechanical strength and resistance to accelerated corrosion from
abnormal chemistry conditions. The fuel rod design bases are
established to satisfy the general and specific safety criteria
addressed within FSAR Chapter 15, Accident Analyses and TSs. The
fuel rods are designed to prevent excessive fuel temperatures,
excessive internal rod gas pressures due to fission gas releases,
and excessive cladding stresses and strains. Westinghouse topical
report WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A ``Optimized
ZIRLOTM,'' July 2006, provides the details and results of
material testing of Optimized ZIRLOTM compared to
standard ZIRLOTM as well as the material properties to be
used in various models and methodologies when analyzing Optimized
ZIRLOTM. The original design basis requirements have been
maintained. Therefore, the change in material does not create the
possibility of a new or different kind of accident or malfunction
previously evaluated within the FSAR.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The cladding material used in the fuel rods are designed and
tested to prevent excessive fuel temperatures, excessive internal
rod gas pressure due to fission gas releases and excessive cladding
stresses and strains. Optimized ZIRLOTM was developed to
meet these needs and provides a reduced corrosion rate while
maintaining the benefits of mechanical strength and resistance to
accelerated corrosion from abnormal chemistry conditions.
Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A,
Addendum 1-A ``Optimized ZIRLOTM,'' July 2006, provides
the details and results of material testing of Optimized
ZIRLOTM compared to standard ZIRLOTM as well
as the material properties to be used in various models and
methodologies when analyzing Optimized ZIRLOTM. The NRC
has allowed use of Optimized ZIRLOTM fuel cladding
material detailed within this topical report as detailed within
their Safety Evaluation (SE). The original design basis requirements
have been maintained. Therefore, the change in material does not
result in a reduction in margin required to preclude or reduce the
effects of an accident or malfunction previously evaluated in the
FSAR.
Based on the above, SCE&G concludes that the proposed amendment
present no significant hazards consideration under the standards set
forth in 10 CFR 50.92(c), and, accordingly, a finding of no
significant hazards consideration is justified.
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.
NRC Branch Chief: Gloria J. Kulesa.
Attorney for licensee: J. Hagood Hamilton, Jr., South Carolina
Electric & Gas Company, Post Office Box 764, Columbia, South Carolina
29218.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, SC
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission,
[[Page 64748]]
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, Maryland 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@nrc.gov, respectively.\1\ The
request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted 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.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. 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 with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
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.\3\
---------------------------------------------------------------------------
\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (August 28, 2007; 72 FR 49139) 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 request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. 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.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 30th day of November 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
in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0............................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10........................... Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) 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.
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).
[[Page 64749]]
20........................... Nuclear Regulatory Commission (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).
25........................... If NRC staff finds no ``need'' or no
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.
>A + 60...................... Decision on contention admission.
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[FR Doc. E9-28972 Filed 12-7-09; 8:45 am]
BILLING CODE 7590-01-P
