Virginia Electric and Power Company, North Anna Power Station, Unit Nos. 1 and 2, Surry Power Station, Unit Nos. 1 and 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information, 52781-52786 [2010-21345]
Download as PDF
Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices
documents associated with the final
SEIS are also available for inspection at
the Commission’s PDR, NRC’s
Headquarters Building, 11555 Rockville
Pike (first floor), Rockville, Maryland.
For those without access to the Internet,
paper copies of any electronic
documents may be obtained for a fee by
contacting the NRC’s PDR at 1 (800)
397–4209. The final SEIS and related
documents may also be found at the
following public library: Campbell
County Public Library, 2101 South 4J
Road, Gillette, Wyoming 82718, 307–
687–0009.
Mr.
Behram Shroff, Project Manager,
Environmental Review Branch–B,
Division of Waste Management and
Environmental Protection (DWMEP),
Office of Federal and State Materials
and Environmental Management
Programs, Mail Stop T–8F5, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Telephone: 1 (800) 368–5642, extension
0666; E-mail: Behram.Shroff@nrc.gov.
For general or technical information
associated with the safety and licensing
of uranium milling facilities, please
contact Stephen Cohen, Team Lead,
Uranium Recovery Licensing Branch,
DWMEP, Mail Stop T–8F5, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. Telephone: 1 (800)
368–5642, extension 7182; E-mail:
Stephen.Cohen@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Dated at Rockville, Maryland, this 18th day
of August 2010.
For the Nuclear Regulatory Commission.
David Skeen,
Acting Deputy Director, Environmental
Protection and Performance Assessment
Directorate, Division of Waste Management
and Environmental Protection Office of
Federal and State Materials and
Environmental Management Programs.
[FR Doc. 2010–21126 Filed 8–26–10; 8:45 am]
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BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–338 and 50–339, Docket
Nos. 50–280 and 50–281; NRC–2010–0283]
Virginia Electric and Power Company,
North Anna Power Station, Unit Nos. 1
and 2, Surry Power Station, Unit Nos.
1 and 2; Notice of Consideration of
Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing and Order Imposing
Procedures for Document Access to
Sensitive Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request, opportunity to comment,
opportunity to request a hearing, and
Commission order.
AGENCY:
Submit comments by: September
27, 2010. A request for a hearing must
be filed by October 26, 2010. Any
potential party as defined in 10 CFR 2.4
who believes access to Sensitive
Unclassified Non-Safeguards
Information is necessary to respond to
this notice must request document
access by September 7, 2010.
ADDRESSES: Please include Docket ID
NRC–2010–0283 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 https://
www.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–2010–0283. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules,
Announcements and Directives Branch
DATES:
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(RADB), Office of Administration, Mail
Stop: TWB–05–B01M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or by fax to RADB at
301–492–3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine, and have
copied for a fee, publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852. These documents may also be
viewed electronically on the public
computers located at the NRC’s PDR at
11555 Rockville Pike, Rockville,
Maryland 20852.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The applications
for amendments, dated May 6 and
February 10, 2010, are available
electronically under ADAMS Accession
No. ML101260517 and ML100470738.
Federal Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2010–0283.
FOR FURTHER INFORMATION CONTACT:
Karen Cotton, Project Manager, Plant
Licensing Branch 2–1, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
301–415–1438; fax number: 301–415–
1222; e-mail: Karen.Cotton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License Nos. NPF–
4, NPF–7, DPR–32, and DPR–37 issued
to Virginia Electric and Power Company
(the licensee) for operation of the North
Anna Power Station, Unit Nos. 1 and 2
(NAPS), located in Louisa County,
Virginia, and Surry Power Station, Unit
Nos. 1 and 2 (Surry), located in Surry
County, Virginia, respectively. The
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bracketed information is specific to
NAPS.
The proposed amendments would
add Optimized ZIRLO as an acceptable
fuel rod cladding material and in
addition, propose adding the
Westinghouse topical report for
Optimized ZIRLO to the analytical
methods used to determine the core
operating limits listed in the Technical
Specifications (TSs).
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 change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed Technical Specifications
changes are to add Optimized ZIRLO to the
allowable or approved cladding materials to
be used at [NAPS and] Surry Units 1 and 2
{Surry}. 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
Specification [4.2.1 for NAPS and] 5.2.1 {for
Surry} addresses the fuel assembly design,
and currently specifies that ‘‘Each assembly
shall consist of a matrix of Zircaloy or ZIRLO
fuel rods * * *’’. The proposed change will
add Optimized ZIRLO to the approved fuel
rod cladding materials listed in this
Technical Specification. In addition, a
reference to the topical report for Optimized
ZIRLO, WCAP–12610–P–A and CENPD–404–
P–A, Addendum 1–A, will be included in the
listing of approved methods used to
determine the core operating limits for
[NAPS given in TS 5.6.5 and] Surry Units 1
and 2 given in Technical Specification 6.2.C.
Westinghouse topical report WCAP–
12610–P–A and CENPD–404–P–A,
Addendum 1–A, ‘‘Optimized ZIRLO,’’
provides the details and results of material
testing of Optimized ZIRLO compared to
standard ZIRLO, as well as the material
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properties to be used in various models and
methodologies when analyzing Optimized
ZIRLO. 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 ZIRLO was
developed to meet these industry needs by
providing a reduced corrosion rate while
maintaining the composition and physical
properties, such as mechanical strength,
similar to standard ZIRLO. In addition,
margin to the fuel rod design criterion on fuel
rod internal pressure has been impacted by
increased fuel duty, use of integral fuel
burnable absorbers, and corrosion/
temperature feedback effects. Reducing the
associated corrosion buildup reduces
temperature feedback effects, providing
additional margin to the fuel rod internal
pressure design criterion. The fuel will
continue to satisfy the pertinent design basis
operating limits, so cladding integrity is
maintained. There are no changes that will
adversely affect the ability of existing
components and systems to mitigate the
consequences of any accident. Addition of
Optimized ZIRLO to the allowable cladding
materials for [NAPS and] Surry Units 1 and
2 therefore does not result in an increase to
the probability or consequences of an
accident previously evaluated.
The NRC has allowed use of Optimized
ZIRLO fuel cladding material in
Westinghouse fueled reactors provided that
licensees ensure compliance with the
Conditions and Limitations set forth in the
NRC Safety Evaluation for the topical report.
Confirmation that these Conditions are
satisfied is performed under 10 CFR 50.59 as
part of the normal 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 Specifications
change adds Optimized ZIRLO to the
approved fuel rod cladding materials that
may be used at [NAPS and] Surry Units 1 and
2. Optimized ZIRLO was developed to
provide a reduced cladding corrosion rate
while maintaining the benefits of mechanical
strength and resistance to accelerated
corrosion from potential abnormal chemistry
conditions. The fuel rod design bases are
established to satisfy the general and specific
safety criteria addressed in the [NAPS
UFSAR, Chapter 15 (Accident Analysis) and]
Surry Units 1 and 2 UFSAR, Chapter 14
(Safety Analysis). The fuel rods are designed
to prevent excessive fuel temperatures,
excessive fuel rod internal 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 ZIRLO,’’
provides the details and results of material
testing of Optimized ZIRLO compared to
standard ZIRLO, as well as the material
properties to be used in various models and
methodologies when analyzing Optimized
ZIRLO. The original fuel design basis
requirements have been maintained. No new
single failure mechanisms will be created,
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and there are no alterations to plant
equipment or procedures that would
introduce any new or unique operational
modes or accident precursors.
Addition of Optimized ZIRLO as another
approved cladding material of similar
composition and properties as the current
approved cladding materials to the [NAPS
and] Surry Units 1 and 2 Technical
Specifications therefore does not create the
possibility of a new or different kind of
accident or malfunction from those
previously evaluated within the UFSAR.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The cladding materials used for fuel rods
are designed and tested to prevent excessive
fuel temperatures, excessive fuel rod internal
gas pressures due to fission gas releases, and
excessive cladding stresses and strains.
Optimized ZIRLO was developed to meet
these needs while providing a reduced
cladding corrosion rate and maintaining the
benefits of mechanical strength and
resistance to accelerated corrosion from
potential abnormal chemistry conditions.
Reducing the associated corrosion buildup
reduces temperature feedback effects,
providing additional margin to the fuel rod
internal pressure design criterion.
Westinghouse topical report WCAP–12610–
P–A and CENPD–404–P–A, Addendum 1–A,
‘‘Optimized ZIRLO,’’ provides the details and
results of material testing of Optimized
ZIRLO compared to standard ZIRLO, as well
as the material properties to be used in
various models and methodologies when
analyzing Optimized ZIRLO. The NRC has
allowed use of the Optimized ZIRLO fuel
cladding material as detailed in their Safety
Evaluation of this topical report. The original
fuel design basis requirements have been
maintained, and evaluations will be
performed under 10 CFR 50.59 for each
reload cycle that incorporates Optimized
ZIRLO cladding to confirm that design and
safety limits are satisfied. Therefore inclusion
of Optimized ZIRLO as an additional fuel rod
cladding material for [NAPS and] Surry Units
1 and 2 does not result in a reduction in
margin required to preclude or reduce the
effects of an accident or malfunction
previously evaluated in the UFSAR.
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
by September 27, 2010 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
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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.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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
requestor/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
requestor or petitioner and specifically
explain the reasons why the
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the requestor’s/
petitioner’s right under the Act to be
made a party to the proceeding; (2) the
nature and extent of the requestor’s/
petitioner’s property, financial, or other
interest in the proceeding; and (3) the
possible effect of any decision or order
which may be entered in the proceeding
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on the requestor’s/petitioner’s interest.
The petition must also identify the
specific contentions which the
requestor/petitioner seeks to have
litigated at the proceeding.
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 requestor/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 requestor/
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 include a
concise statement of the alleged facts or
expert opinions which support the
position of the requestor/petitioner and
on which the requestor/petitioner
intends to rely at hearing, together with
references to the specific sources and
documents on which the requestor/
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
requestor/petitioner disputes and the
supporting reasons for each dispute, or,
if the requestor/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 requestor’s/petitioner’s belief.
Each contention must be one which, if
proven, would entitle the requestor/
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
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52783
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
October 26, 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
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 October
26, 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
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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
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 plug-
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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/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
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–
PO 00000
Frm 00076
Fmt 4703
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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
August 27, 2010. 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).
Attorney for licensee: Lillian M.
Cuoco, Esq., Senior Counsel, Dominion
Resources Services, Inc., 120 Tredegar
St., RS–2, Richmond, VA 23219.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards 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).
E:\FR\FM\27AUN1.SGM
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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices
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,
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); and
(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 requester 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
52785
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 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 23rd day
of August 2010.
For the 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
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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.
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 Mar<15>2010
15:33 Aug 26, 2010
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 00077
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\27AUN1.SGM
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52786
Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices
Day
Event/activity
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.
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.
60 ..................
20 ..................
25 ..................
30 ..................
40 ..................
A ....................
A + 3 .............
A + 28 ...........
A + 53 ...........
A + 60 ...........
>A + 60 .........
[FR Doc. 2010–21345 Filed 8–26–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–482; NRC–2010–0286]
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Wolf Creek Nuclear Operating
Corporation; Notice of Withdrawal of
Application for Amendment to
Renewed Facility Operating License
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) has
granted the request of Wolf Creek
Nuclear Operating Corporation (the
licensee) to withdraw its application
dated November 20, 2009, as
supplemented by letter dated April 6,
2010, for a proposed amendment to
Renewed Facility Operating License No.
NPF–42 for the Wolf Creek Generating
Station, located in Coffey County,
Kansas.
The proposed amendment would
have revised the facility technical
specifications (TSs) pertaining to TS
3.8.1, ‘‘AC [Alternating Current]
Sources—Operating,’’ by adding a note
to the Required Actions B.3.1 and B.3.2
to indicate that the TS 3.8.1 Required
Actions B.3.1 and B.3.2 are satisfied if
the diesel generator (DG) became
inoperable due to an inoperable support
system, an independently testable
VerDate Mar<15>2010
15:33 Aug 26, 2010
Jkt 220001
component, or preplanned preventive
maintenance or testing. The licensee
also proposed to revise the Completion
Times for Required Actions B.3.1 and
B.3.2 to specify a Completion Time
based on the discovery of an issue or
failure of the DG.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on January 26,
2010 (75 FR 4121). However, by letter
dated August 10, 2010, the licensee
withdrew the proposed change.
For further details with respect to this
action, see the application for
amendment dated November 20, 2009
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML093310430), as
supplemented by letter dated April 6,
2010 (ADAMS Accession No.
ML101031093), and the licensee’s letter
dated August 10, 2010 (ADAMS
Accession No. ML102300387), which
withdrew the application for license
amendment. 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.
Publicly available records will be
accessible electronically from the
ADAMS Public Electronic Reading
Room on the Internet at the NRC Web
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 20th day
of August 2010.
For the Nuclear Regulatory Commission.
Balwant K. Singal,
Senior Project Manager, Plant Licensing
Branch IV, Division of perating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–21344 Filed 8–26–10; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2010–35, R2010–5, R2010–
6; Order No. 518]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request to
add Inbound Market Dominant MultiService Agreements with Foreign Postal
Operators 1 to the market dominant
product list. This notice addresses
SUMMARY:
E:\FR\FM\27AUN1.SGM
27AUN1
Agencies
[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52781-52786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21345]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-338 and 50-339, Docket Nos. 50-280 and 50-281; NRC-
2010-0283]
Virginia Electric and Power Company, North Anna Power Station,
Unit Nos. 1 and 2, Surry Power Station, Unit Nos. 1 and 2; Notice of
Consideration of Issuance of Amendment to Facility Operating License,
Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing and Order Imposing Procedures for Document
Access to Sensitive Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
-----------------------------------------------------------------------
DATES: Submit comments by: September 27, 2010. A request for a hearing
must be filed by October 26, 2010. Any potential party as defined in 10
CFR 2.4 who believes access to Sensitive Unclassified Non-Safeguards
Information is necessary to respond to this notice must request
document access by September 7, 2010.
ADDRESSES: Please include Docket ID NRC-2010-0283 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 https://www.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-2010-0283. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules, Announcements and Directives Branch
(RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by fax to RADB at
301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine, and have
copied for a fee, publicly available documents at the NRC's PDR, Room
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852. These documents may also be viewed electronically on
the public computers located at the NRC's PDR at 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov. The applications for amendments, dated May 6 and
February 10, 2010, are available electronically under ADAMS Accession
No. ML101260517 and ML100470738.
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID: NRC-2010-0283.
FOR FURTHER INFORMATION CONTACT: Karen Cotton, Project Manager, Plant
Licensing Branch 2-1, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-1438; fax number: 301-415-
1222; e-mail: Karen.Cotton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-4, NPF-7, DPR-32, and DPR-37 issued to Virginia Electric and Power
Company (the licensee) for operation of the North Anna Power Station,
Unit Nos. 1 and 2 (NAPS), located in Louisa County, Virginia, and Surry
Power Station, Unit Nos. 1 and 2 (Surry), located in Surry County,
Virginia, respectively. The
[[Page 52782]]
bracketed information is specific to NAPS.
The proposed amendments would add Optimized ZIRLO as an acceptable
fuel rod cladding material and in addition, propose adding the
Westinghouse topical report for Optimized ZIRLO to the analytical
methods used to determine the core operating limits listed in the
Technical Specifications (TSs).
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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed Technical Specifications changes are to add
Optimized ZIRLO to the allowable or approved cladding materials to
be used at [NAPS and] Surry Units 1 and 2 {Surry{time} . 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 Specification [4.2.1 for NAPS and]
5.2.1 {for Surry{time} addresses the fuel assembly design, and
currently specifies that ``Each assembly shall consist of a matrix
of Zircaloy or ZIRLO fuel rods * * *''. The proposed change will add
Optimized ZIRLO to the approved fuel rod cladding materials listed
in this Technical Specification. In addition, a reference to the
topical report for Optimized ZIRLO, WCAP-12610-P-A and CENPD-404-P-
A, Addendum 1-A, will be included in the listing of approved methods
used to determine the core operating limits for [NAPS given in TS
5.6.5 and] Surry Units 1 and 2 given in Technical Specification
6.2.C.
Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A,
Addendum 1-A, ``Optimized ZIRLO,'' provides the details and results
of material testing of Optimized ZIRLO compared to standard ZIRLO,
as well as the material properties to be used in various models and
methodologies when analyzing Optimized ZIRLO. 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 ZIRLO was developed to meet these industry needs by
providing a reduced corrosion rate while maintaining the composition
and physical properties, such as mechanical strength, similar to
standard ZIRLO. In addition, margin to the fuel rod design criterion
on fuel rod internal pressure has been impacted by increased fuel
duty, use of integral fuel burnable absorbers, and corrosion/
temperature feedback effects. Reducing the associated corrosion
buildup reduces temperature feedback effects, providing additional
margin to the fuel rod internal pressure design criterion. The fuel
will continue to satisfy the pertinent design basis operating
limits, so cladding integrity is maintained. There are no changes
that will adversely affect the ability of existing components and
systems to mitigate the consequences of any accident. Addition of
Optimized ZIRLO to the allowable cladding materials for [NAPS and]
Surry Units 1 and 2 therefore does not result in an increase to the
probability or consequences of an accident previously evaluated.
The NRC has allowed use of Optimized ZIRLO fuel cladding
material in Westinghouse fueled reactors provided that licensees
ensure compliance with the Conditions and Limitations set forth in
the NRC Safety Evaluation for the topical report. Confirmation that
these Conditions are satisfied is performed under 10 CFR 50.59 as
part of the normal 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 Specifications change adds Optimized
ZIRLO to the approved fuel rod cladding materials that may be used
at [NAPS and] Surry Units 1 and 2. Optimized ZIRLO was developed to
provide a reduced cladding corrosion rate while maintaining the
benefits of mechanical strength and resistance to accelerated
corrosion from potential abnormal chemistry conditions. The fuel rod
design bases are established to satisfy the general and specific
safety criteria addressed in the [NAPS UFSAR, Chapter 15 (Accident
Analysis) and] Surry Units 1 and 2 UFSAR, Chapter 14 (Safety
Analysis). The fuel rods are designed to prevent excessive fuel
temperatures, excessive fuel rod internal 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 ZIRLO,'' provides the details and results
of material testing of Optimized ZIRLO compared to standard ZIRLO,
as well as the material properties to be used in various models and
methodologies when analyzing Optimized ZIRLO. The original fuel
design basis requirements have been maintained. No new single
failure mechanisms will be created, and there are no alterations to
plant equipment or procedures that would introduce any new or unique
operational modes or accident precursors.
Addition of Optimized ZIRLO as another approved cladding
material of similar composition and properties as the current
approved cladding materials to the [NAPS and] Surry Units 1 and 2
Technical Specifications therefore does not create the possibility
of a new or different kind of accident or malfunction from those
previously evaluated within the UFSAR.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The cladding materials used for fuel rods are designed and
tested to prevent excessive fuel temperatures, excessive fuel rod
internal gas pressures due to fission gas releases, and excessive
cladding stresses and strains. Optimized ZIRLO was developed to meet
these needs while providing a reduced cladding corrosion rate and
maintaining the benefits of mechanical strength and resistance to
accelerated corrosion from potential abnormal chemistry conditions.
Reducing the associated corrosion buildup reduces temperature
feedback effects, providing additional margin to the fuel rod
internal pressure design criterion. Westinghouse topical report
WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A, ``Optimized ZIRLO,''
provides the details and results of material testing of Optimized
ZIRLO compared to standard ZIRLO, as well as the material properties
to be used in various models and methodologies when analyzing
Optimized ZIRLO. The NRC has allowed use of the Optimized ZIRLO fuel
cladding material as detailed in their Safety Evaluation of this
topical report. The original fuel design basis requirements have
been maintained, and evaluations will be performed under 10 CFR
50.59 for each reload cycle that incorporates Optimized ZIRLO
cladding to confirm that design and safety limits are satisfied.
Therefore inclusion of Optimized ZIRLO as an additional fuel rod
cladding material for [NAPS and] Surry Units 1 and 2 does not result
in a reduction in margin required to preclude or reduce the effects
of an accident or malfunction previously evaluated in the UFSAR.
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 by September 27, 2010 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
[[Page 52783]]
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 requestor/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 requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The petition must also identify the specific contentions
which the requestor/petitioner seeks to have litigated at the
proceeding.
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 requestor/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 requestor/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 include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/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 requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/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 requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/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
October 26, 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 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 October 26, 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
[[Page 52784]]
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 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 August 27, 2010. 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).
Attorney for licensee: Lillian M. Cuoco, Esq., Senior Counsel,
Dominion Resources Services, Inc., 120 Tredegar St., RS-2, Richmond, VA
23219.
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).
[[Page 52785]]
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, 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); and
(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 requester 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.
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\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.
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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 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\
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\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 23rd day of August 2010.
For the 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.
[[Page 52786]]
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.
------------------------------------------------------------------------
[FR Doc. 2010-21345 Filed 8-26-10; 8:45 am]
BILLING CODE 7590-01-P