Duke Energy Carolinas, LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License for McGuire Nuclear Station Units 1 and 2, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Access To Sensitive Unclassified Non-Safeguards Information (SUNSI), 10508-10513 [2010-4850]
Download as PDF
10508
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–369 and 50–370; NRC–
2010–0073]
Duke Energy Carolinas, LLC; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License for McGuire Nuclear Station
Units 1 and 2, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing and
Order Imposing Procedures for Access
To Sensitive Unclassified NonSafeguards Information (SUNSI)
AGENCY: Nuclear Regulatory
Commission.
ACTION: Order, notice of license
amendment request, opportunity to
comment, opportunity to request a
hearing.
DATES: Comments must be filed by April
7, 2010. A request for a hearing must be
filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jon
Thompson, Project manager, Plant
Licensing Branch II–1, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Rockville, Maryland, 20852–2738.
Telephone: (301) 415–1119; fax number:
(301) 415–2102; e-mail:
jon.thompson@nrc.gov.
Please include Docket ID
NRC–2010–0073 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You may submit comments by any
one of the following methods.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0073. Comments may be
submitted electronically through this
Web site. Address questions about NRC
srobinson on DSKHWCL6B1PROD with NOTICES
ADDRESSES:
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
dockets to Carol Gallagher 301–492–
3668; e-mail Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Office of Administration,
Mail Stop: TWB–05–B01M, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, or by fax
to RDB at (301) 492–3446.
To access documents related to this
notice see Section V, Further
Information.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License Nos. NPF–
9 and NPF–17 issued to Duke Energy
Carolinas, LLC (the licensee) for
operation of the McGuire Nuclear
Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendment would
revise the Technical Specifications
(TSs) associated with the verification of
ice condenser door operability and TS
surveillance requirements 3.6.13.5 and
3.6.13.6. The amendment application
dated October 2, 2008, was
supplemented by letters dated August
25, 2009, and October 23, 2009. Access
to these documents is discussed in
Section V, Further Information. A
portion of the August 25, 2009, letter
contains sensitive unclassified nonsafeguards information (SUNSI), and is
not available to the public. See Section
V, Further Information, and the Order
providing instructions for requesting
access to the withheld information.
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
hazards consideration, which is
presented below:
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The only analyzed accidents of possible
consideration in regards to changes
potentially affecting the ice condenser are a
loss of coolant accident (LOCA) and a high
energy line break (HELB) inside
Containment. However, the ice condenser is
not postulated as being the initiator of any
LOCA or HELB. This is because it is designed
to remain functional following a design basis
earthquake, and the ice condenser does not
interconnect or interact with any systems
that interconnect or interact with the Reactor
Coolant or Main Steam Systems. Since these
proposed changes do not result in, or require,
any physical change to the ice condenser that
could introduce an interaction with the
Reactor Coolant or Main Steam Systems, then
there can be no change in the probability of
an accident previously evaluated. Regarding
consequences of analyzed accidents, the ice
condenser is an engineered safety feature
designed, in part, to limit the Containment
sub-compartment and Containment vessel
pressure immediately following the initiation
of a LOCA or HELB. Conservative subcompartment and Containment pressure
analysis shows these criteria will be met if
the total ice mass within the ice bed is
maintained in accordance with the DBA
analysis; therefore, the proposed TS SR
changes of these requirements will not
increase the consequences of any accident
previously evaluated.
Thus, based on the above, the proposed
changes do not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
As previously described, the ice condenser
is not postulated as being the initiator of any
design basis accident. The proposed changes
do not impact any plant system, structure or
component that is an accident initiator. The
proposed TSs and TS Bases changes do not
involve any hardware changes to the ice
condenser or other change that could create
any new accident mechanisms. Therefore,
there can be no new or different accidents
created from those already identified and
evaluated.
3. Does the proposed amendment involve
a significant reduction in the margin of
safety?
Response: No.
Margin of safety is related to the
confidence in the ability of the fission
product barriers to perform their design
functions during and following an accident
situation. These barriers include the fuel
cladding, the reactor coolant system, and the
Containment system. The performance of the
fuel cladding and the reactor coolant system
will not be impacted by the proposed
changes. The Application provides a
description of additional sub-compartment
and Containment pressure response analysis
that has been performed. This analysis
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
demonstrates that Containment will remain
fully capable of performing its design
function with implementation of the
proposed changes. Therefore, no safety
margin will be significantly impacted.
The changes proposed in this LAR do not
make any physical alteration to the ice
condenser doors, nor does it affect the
required functional capability of the doors in
any way. The intent of the proposed changes
to the ice condenser door surveillance
requirements is to eliminate an unnecessary
and overly restrictive Lower Inlet Door
torque surveillance test. There will be no
degradation in the operable status of the ice
condenser doors and the ability to confirm
operability for the ice condenser doors will
be maintained, such that the doors will
continue to fully perform their safety
function as assumed in the plant’s safety
analyses.
Thus, it can be concluded that the
proposed TS and TS Bases changes do not
involve a significant reduction in the 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
within 30 days after the date of
publication of this notice will be
considered in making any final
determination. You may submit
comments using any of the methods
discussed under the ADDRESSES caption.
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.
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, Petitions to Intervene,
Requirements for Standing, and
Contentions.’’ Interested persons should
consult 10 CFR Part 2, section 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at (800) 397–4209 or (301)
415–4737). NRC regulations are also
accessible electronically from the NRC’s
Electronic Reading Room on the NRC
Web site at https://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. 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
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the AEA to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinions which
support the position of the petitioner
and on which the petitioner intends to
rely at hearing, together with references
to the specific sources and documents
on which the petitioner intends to rely.
Finally, the petition must provide
sufficient information to show that a
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
10509
genuine dispute exists with the
applicant on a material issue of law or
fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the petitioner believes
that the application for amendment fails
to contain information on a relevant
matter as required by law, the
identification of each failure and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
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 with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Licensing Board will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a Presiding Officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally-recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by May 7,
2010. The petition must be filed in
accordance with the filing instructions
in section IV of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that State and
Federally-recognized Indian tribes do
not need to address the standing
requirements in 10 CFR 2.309(d)(1) if
the facility is located within its
boundaries. The entities listed above
could also seek to participate in a
hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
E:\FR\FM\08MRN1.SGM
08MRN1
10510
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
imposed by the Licensing Board.
Persons desiring to make a limited
appearance are requested to inform the
Secretary of the Commission by May 7,
2010.
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.
IV. Electronic Submissions (E-Filing)
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
(72 FR 49139, August 28, 2007). 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
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
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 NRCissued 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
Meta System 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 online, 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
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
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 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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. 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
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
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 the
date of publication of this notice. Nontimely 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).
V. Further Information
Documents related to the proposed
action are available electronically at the
NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/
adams.html. From this site, you can
access the NRC’s Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. Search for these documents
using the ADAMS accession numbers:
The application for amendment dated
October 2, 2008, (ML082900532); the
publically-available portions of the
August 25, 2009, supplement
(ML093430506), and the October 23,
2009 supplement (ML093430689). As
discussed above in Section I., a portion
of the August 25, 2009, supplement
contains SUNSI and is not publically
available. Instructions for requesting
access to the portion of the document
being withheld are contained in the
following Order.
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737 or by e-mail to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR at 11555 Rockville Pike,
Rockville, Maryland 20852. The PDR
reproduction contractor will copy
documents for a fee.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
10511
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 requestor 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,
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 requestor’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention;
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 Order2 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 requestor 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.
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.
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 00057
Fmt 4703
Sfmt 4703
E:\FR\FM\08MRN1.SGM
08MRN1
10512
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed 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 2nd day
of March 2010.
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 requestor/petitioner reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows 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 requestor/petitioner to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information
to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
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.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
A ........................
A + 3 ..................
A + 28 ................
srobinson on DSKHWCL6B1PROD with NOTICES
A + 53 ................
A + 60 ................
>A + 60 ..............
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00058
Fmt 4703
Sfmt 9990
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
[FR Doc. 2010–4850 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–413 and 50–414; NRC–
2010–0074]
Duke Energy Carolinas, LLC; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License for Catawba Nuclear Station
Units 1 and 2, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing and
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information (SUNSI)
Nuclear Regulatory
Commission.
ACTION: Order and notice of license
amendment request, opportunity to
comment, opportunity to request a
hearing.
AGENCY:
DATES: Comments must be filed by April
7, 2010. A request for a hearing must be
filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jon
Thompson, Project manager, Plant
Licensing Branch II–1, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Rockville, Maryland 20852–2738.
Telephone: (301) 415–1119; fax number:
(301) 415–2102; e-mail:
jon.thompson@nrc.gov.
Please include Docket ID
NRC–2010–0074 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You may submit comments by any
one of the following methods.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
srobinson on DSKHWCL6B1PROD with NOTICES
ADDRESSES:
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
NRC–2010–0074. Comments may be
submitted electronically through this
Web site. Address questions about NRC
dockets to Carol Gallagher 301–492–
3668; e-mail Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Office of Administration,
Mail Stop: TWB–05–B01M, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, or by fax
to RDB at (301) 492–3446.
To access documents related to this
notice see Section V, Further
Information.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License Nos. NPF–
35 and NPF–52 issued to Duke Energy
Carolinas, LLC (the licensee), for
operation of the Catawba Nuclear
Station, Units 1 and 2, located in York
County, South Carolina.
The proposed amendment would
revise the Technical Specifications
(TSs) associated with the verification of
ice condenser door operability and TS
surveillance requirements 3.6.13.5 and
3.6.13.6. The amendment application
dated October 2, 2008, was
supplemented by letters dated August
25, 2009, and October 23, 2009. Access
to these documents is discussed in
Section V, Further Information. A
portion of the August 25, 2009, letter
contains sensitive unclassified nonsafeguards information (SUNSI), and is
not available to the public. See Section
V, Further Information, and the Order
providing instructions for requesting
access to the withheld information.
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
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
10513
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The only analyzed accidents of possible
consideration in regards to changes
potentially affecting the ice condenser are a
loss of coolant accident (LOCA) and a high
energy line break (HELB) inside
Containment. However, the ice condenser is
not postulated as being the initiator of any
LOCA or HELB. This is because it is designed
to remain functional following a design basis
earthquake, and the ice condenser does not
interconnect or interact with any systems
that interconnect or interact with the Reactor
Coolant or Main Steam Systems. Since these
proposed changes do not result in, or require,
any physical change to the ice condenser that
could introduce an interaction with the
Reactor Coolant or Main Steam Systems, then
there can be no change in the probability of
an accident previously evaluated. Regarding
consequences of analyzed accidents, the ice
condenser is an engineered safety feature
designed, in part, to limit the Containment
sub-compartment and Containment vessel
pressure immediately following the initiation
of a LOCA or HELB. Conservative subcompartment and Containment pressure
analysis shows these criteria will be met if
the total ice mass within the ice bed is
maintained in accordance with the DBA
[design-basis accident] analysis; therefore,
the proposed TS SR changes of these
requirements will not increase the
consequences of any accident previously
evaluated.
Thus, based on the above, the proposed
changes do not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
As previously described, the ice condenser
is not postulated as being the initiator of any
design basis accident. The proposed changes
do not impact any plant system, structure or
component that is an accident initiator. The
proposed TSs and TS Bases changes do not
involve any hardware changes to the ice
condenser or other change that could create
any new accident mechanisms. Therefore,
there can be no new or different accidents
created from those already identified and
evaluated.
3. Does the proposed amendment involve
a significant reduction in the margin of
safety?
Response: No.
Margin of safety is related to the
confidence in the ability of the fission
product barriers to perform their design
functions during and following an accident
situation. These barriers include the fuel
cladding, the reactor coolant system, and the
Containment system. The performance of the
E:\FR\FM\08MRN1.SGM
08MRN1
Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10508-10513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4850]
[[Page 10508]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370; NRC-2010-0073]
Duke Energy Carolinas, LLC; Notice of Consideration of Issuance
of Amendment to Facility Operating License for McGuire Nuclear Station
Units 1 and 2, Proposed No Significant Hazards Consideration
Determination, and Opportunity for a Hearing and Order Imposing
Procedures for Access To Sensitive Unclassified Non-Safeguards
Information (SUNSI)
AGENCY: Nuclear Regulatory Commission.
ACTION: Order, notice of license amendment request, opportunity to
comment, opportunity to request a hearing.
-----------------------------------------------------------------------
DATES: Comments must be filed by April 7, 2010. A request for a hearing
must be filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Jon Thompson, Project manager, Plant
Licensing Branch II-1, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Rockville, Maryland, 20852-2738. Telephone: (301) 415-1119; fax number:
(301) 415-2102; e-mail: jon.thompson@nrc.gov.
ADDRESSES: Please include Docket ID NRC-2010-0073 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site Regulations.gov. Because your comments will not be edited to
remove any identifying or contact information, the NRC cautions you
against including any information in your submission that you do not
want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any one of the following methods.
Federal Rulemaking Web site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2010-0073. Comments may
be submitted electronically through this Web site. Address questions
about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar, Chief, Rulemaking and
Directives Branch (RDB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or
by fax to RDB at (301) 492-3446.
To access documents related to this notice see Section V, Further
Information.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-9 and NPF-17 issued to Duke Energy Carolinas, LLC (the licensee)
for operation of the McGuire Nuclear Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendment would revise the Technical Specifications
(TSs) associated with the verification of ice condenser door
operability and TS surveillance requirements 3.6.13.5 and 3.6.13.6. The
amendment application dated October 2, 2008, was supplemented by
letters dated August 25, 2009, and October 23, 2009. Access to these
documents is discussed in Section V, Further Information. A portion of
the August 25, 2009, letter contains sensitive unclassified non-
safeguards information (SUNSI), and is not available to the public. See
Section V, Further Information, and the Order providing instructions
for requesting access to the withheld information.
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 hazards consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The only analyzed accidents of possible consideration in regards
to changes potentially affecting the ice condenser are a loss of
coolant accident (LOCA) and a high energy line break (HELB) inside
Containment. However, the ice condenser is not postulated as being
the initiator of any LOCA or HELB. This is because it is designed to
remain functional following a design basis earthquake, and the ice
condenser does not interconnect or interact with any systems that
interconnect or interact with the Reactor Coolant or Main Steam
Systems. Since these proposed changes do not result in, or require,
any physical change to the ice condenser that could introduce an
interaction with the Reactor Coolant or Main Steam Systems, then
there can be no change in the probability of an accident previously
evaluated. Regarding consequences of analyzed accidents, the ice
condenser is an engineered safety feature designed, in part, to
limit the Containment sub-compartment and Containment vessel
pressure immediately following the initiation of a LOCA or HELB.
Conservative sub-compartment and Containment pressure analysis shows
these criteria will be met if the total ice mass within the ice bed
is maintained in accordance with the DBA analysis; therefore, the
proposed TS SR changes of these requirements will not increase the
consequences of any accident previously evaluated.
Thus, based on the above, the proposed changes do not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
As previously described, the ice condenser is not postulated as
being the initiator of any design basis accident. The proposed
changes do not impact any plant system, structure or component that
is an accident initiator. The proposed TSs and TS Bases changes do
not involve any hardware changes to the ice condenser or other
change that could create any new accident mechanisms. Therefore,
there can be no new or different accidents created from those
already identified and evaluated.
3. Does the proposed amendment involve a significant reduction
in the margin of safety?
Response: No.
Margin of safety is related to the confidence in the ability of
the fission product barriers to perform their design functions
during and following an accident situation. These barriers include
the fuel cladding, the reactor coolant system, and the Containment
system. The performance of the fuel cladding and the reactor coolant
system will not be impacted by the proposed changes. The Application
provides a description of additional sub-compartment and Containment
pressure response analysis that has been performed. This analysis
[[Page 10509]]
demonstrates that Containment will remain fully capable of
performing its design function with implementation of the proposed
changes. Therefore, no safety margin will be significantly impacted.
The changes proposed in this LAR do not make any physical
alteration to the ice condenser doors, nor does it affect the
required functional capability of the doors in any way. The intent
of the proposed changes to the ice condenser door surveillance
requirements is to eliminate an unnecessary and overly restrictive
Lower Inlet Door torque surveillance test. There will be no
degradation in the operable status of the ice condenser doors and
the ability to confirm operability for the ice condenser doors will
be maintained, such that the doors will continue to fully perform
their safety function as assumed in the plant's safety analyses.
Thus, it can be concluded that the proposed TS and TS Bases
changes do not involve a significant reduction in the 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 within 30 days after the date of
publication of this notice will be considered in making any final
determination. You may submit comments using any of the methods
discussed under the ADDRESSES caption.
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.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to
Intervene, Requirements for Standing, and Contentions.'' Interested
persons should consult 10 CFR Part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at (800) 397-4209 or (301) 415-4737). NRC regulations are also
accessible electronically from the NRC's Electronic Reading Room on the
NRC Web site at https://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. 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 must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the AEA to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to rely at hearing, together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the application
for amendment that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by May
7, 2010. The petition must be filed in accordance with the filing
instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to
[[Page 10510]]
the provisions of 10 CFR 2.315(a). A person making a limited appearance
may make an oral or written statement of position on the issues, but
may not otherwise participate in the proceeding. A limited appearance
may be made at any session of the hearing or at any prehearing
conference, subject to such limits and conditions as may be imposed by
the Licensing Board. Persons desiring to make a limited appearance are
requested to inform the Secretary of the Commission by May 7, 2010.
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.
IV. Electronic Submissions (E-Filing)
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 (72 FR 49139,
August 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 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-
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 Meta System 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 online, 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
[[Page 10511]]
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 the date of publication of this notice. 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).
V. Further Information
Documents related to the proposed action are available
electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Documents Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. Search for
these documents using the ADAMS accession numbers: The application for
amendment dated October 2, 2008, (ML082900532); the publically-
available portions of the August 25, 2009, supplement (ML093430506),
and the October 23, 2009 supplement (ML093430689). As discussed above
in Section I., a portion of the August 25, 2009, supplement contains
SUNSI and is not publically available. Instructions for requesting
access to the portion of the document being withheld are contained in
the following Order.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737 or
by e-mail to pdr.resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR at
11555 Rockville Pike, Rockville, Maryland 20852. The PDR reproduction
contractor will copy documents for a fee.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
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 requestor 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, 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\ 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.
---------------------------------------------------------------------------
(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 requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
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 requestor 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.
[[Page 10512]]
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed 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\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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 2nd day of March 2010.
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 requestor/
petitioner reply).
20............................ Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the
request for access provides a
reasonable basis to believe standing
can be established and shows 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 requestor/petitioner to file a
motion seeking a ruling to reverse the
NRC staff's denial of access; NRC staff
files copy of access determination with
the presiding officer (or Chief
Administrative Judge or other
designated officer, as appropriate). If
NRC staff finds ``need'' for SUNSI, the
deadline for any party to the
proceeding whose interest independent
of the proceeding would be harmed by
the release of the information to file
a motion seeking a ruling to reverse
the NRC staff's grant of access.
30............................ Deadline for NRC staff reply to motions
to reverse NRC staff determination(s).
40............................ (Receipt +30) If NRC staff finds
standing and need for SUNSI, deadline
for NRC staff to complete information
processing and file motion for
Protective Order and draft Non-
Disclosure Affidavit. Deadline for
applicant/licensee to file Non-
Disclosure Agreement for SUNSI.
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.
------------------------------------------------------------------------
[[Page 10513]]
[FR Doc. 2010-4850 Filed 3-5-10; 8:45 am]
BILLING CODE 7590-01-P