Notice; Applications and Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 27094-27101 [2011-11225]
Download as PDF
27094
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
OMB Number: 3145–0157.
Type of Request: Intent to seek
approval to renew an information
collection.
Abstract:
Proposed Project: On September 11,
1993, President Clinton issued
Executive Order 12862, ‘‘Setting
Customer Service Standards,’’ which
calls for Federal agencies to provide
service that matches or exceeds the best
service available in the private sector.
Section 1(b) of that order requires
agencies to ‘‘survey customers to
determine the kind and quality of
services they want and their level of
satisfaction with existing services.’’ The
National Science Foundation (NSF) has
an ongoing need to collect information
from its customer community (primarily
individuals and organizations engaged
in science and engineering research and
education) about the quality and kind of
services it provides and use that
information to help improve agency
operations and services.
Estimate of Burden: The burden on
the public will change according to the
needs of each individual customer
satisfaction survey; however, each
survey is estimated to take
approximately 30 minutes per response.
Respondents: Will vary among
individuals or households; business or
other for-profit; not-for-profit
institutions; farms; Federal government;
State, local or tribal governments.
Estimated Number of Responses per
Survey: This will vary by survey.
Dated: May 5, 2011.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2011–11395 Filed 5–9–11; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
jlentini on DSKJ8SOYB1PROD with NOTICES
[NRC–2011–0098]
Notice; Applications and Amendments
to Facility Operating Licenses
Involving Proposed No Significant
Hazards Considerations and
Containing Sensitive Unclassified NonSafeguards Information and
Safeguards Information and Order
Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards
Information and Safeguards
Information
I. Background
Pursuant to Section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
Commission (the Commission, NRC, or
NRC staff) is publishing this notice. The
Act requires the Commission to publish
notice of any amendments issued, or
proposed to be issued and grants the
Commission the authority to issue and
make immediately effective any
amendment to an operating license
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This notice includes notices of
amendments containing sensitive
unclassified non-safeguards information
(SUNSI) and safeguards information
(SGI).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
Title 10 of the Code of Federal
Regulations (10 CFR) 50.92, this means
that operation of the facility in
accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; (2) create the possibility of a
new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rules,
Announcements and Directives Branch
(RADB), TWB–05–B01M, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be faxed to the RADB at 301–492–
3446. Documents may be examined,
and/or copied for a fee, at the NRC’s
Public Document Room (PDR), located
at One White Flint North, Room O1–
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland 20852.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852, or at
https://www.nrc.gov/reading-rm/doccollections/cfr/part002/part0020309.html. Publicly available records
will be accessible in the Agencywide
Documents Access and Management
System (ADAMS) online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. If a request for a
hearing or petition for leave to intervene
is filed within 60 days, the Commission
or a presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the request and/or petition; and
the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
E:\FR\FM\10MYN1.SGM
10MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
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, then any hearing held
would take place before the issuance of
any amendment.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(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
identification (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 the
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 the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
27095
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 the Electronic
Information Exchange System, 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/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 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
E:\FR\FM\10MYN1.SGM
10MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
27096
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
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 the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/EHD/, 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 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).
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
For further details with respect to this
amendment action, see the application
for amendment which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Room O1–F21, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852.
Publicly available records will be
accessible electronically in ADAMS
online in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html. If
you do not have access to ADAMS or if
there are problems in accessing the
documents located in ADAMS, contact
the PDR Reference staff at 1–800–397–
4209, 301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
Entergy Nuclear Operations, Inc.,
Docket No. 50–255, Palisades Nuclear
Plant, Van Buren County, Michigan
Date of amendment request: January
31, 2011.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
amendment would revise Appendix A,
Technical Specifications (TS), as they
apply to the spent fuel pool (SFP)
storage requirements in TS Section
3.7.16 and criticality requirements for
Region I SFP and north tilt pit fuel
storage racks, in TS Section 4.3. The
criticality analyses supporting the
proposed TS change for the Region I
fuel storage racks reflect credit for fuel
assembly burnup and soluble boron.
Based on the analyses, the proposed
change, in accordance with Title 10 of
the Code of Federal Regulations (10
CFR) 50.68, ‘‘Criticality accident
requirements,’’ would maintain the
effective neutron multiplication factor
(Keff) limits for Region I storage racks to
less than 1.0 when flooded with water
having a minimum boron concentration
of 850 parts per million (ppm) during
normal operations, and 1350 ppm
during accident conditions.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
There is no significant increase in the
probability of an accidental misloading of
fuel assemblies into the spent fuel pool (SFP)
racks when considering the presence of
soluble boron in the pool water for criticality
control and the proposed changes. The
proposed changes credit fuel burnup and
voiding of the gaps between the SFP rack
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
individual storage cells. Fuel assembly
placement would continue to be controlled
by approved fuel handling procedures and
would be in accordance with the TS fuel
storage rack configuration limitations.
There is no significant increase in the
consequences of the accidental misloading of
fuel assemblies into the SFP racks. The
criticality analyses that credit fuel burnup
and voiding of the gaps between the SFP rack
individual storage cells demonstrate that the
pool would remain subcritical with margin
following an accidental misloading if the
pool contains an adequate boron
concentration. The TS 3.7.15 limitation on
minimum SFP boron concentration and plant
procedures together ensure that an adequate
boron concentration will be maintained.
There is no significant increase in the
probability of a fuel assembly drop accident
in the SFP when considering the presence of
soluble boron in the SFP water for criticality
control, credit fuel burnup, and voiding of
the gaps between the SFP rack individual
storage cells. The handling of fuel assemblies
in the spent fuel is performed in accordance
with site procedures in borated water. The
criticality analysis has shown that the
reactivity increase with a fuel assembly drop
accident in both a vertical and horizontal
orientation is bounded by the fuel assembly
misloading accident. Therefore, in addition
to there being no significant increase in the
probability of a fuel assembly drop accident,
the consequences of a fuel assembly drop
accident in the SFP would not increase
significantly due to the proposed change.
The SFP TS 3.7.15 requires a minimum
boron concentration of 1720 ppm, which
bounds the analysis for the proposed
amendment. Soluble boron has been
maintained in the SFP water as required by
TS and controlled by procedures. The
criticality safety analyses for Region I and
Region II of the SFP credit the same soluble
boron concentration of 850 ppm to maintain
a Keff ≤ 0.95 under normal conditions and
1350 ppm to maintain a Keff ≤ 0.95 under
accident scenarios as does the analysis for
the proposed change for Region I, Regions
1A, 1B, 1C, 1D, and 1E. In crediting soluble
boron, in Region 1A, and soluble boron and
burnup, in Regions 1B, 1C, 1D, and 1E, the
SFP criticality analysis would have no effect
on normal pool operation and maintenance.
Credit for fuel burnup and voiding of the
gaps between the SFP rack individual storage
cells would have no effect on the normal SFP
operation and maintenance. Thus, there is no
change to the probability or the consequences
of the boron dilution event in the SFP.
Since soluble boron is maintained in the
SFP water, implementation of the proposed
changes would have no effect on normal pool
operation and maintenance. Also, since
soluble boron is present in the SFP, a
dilution event has always been a possibility.
The loss of substantial amounts of soluble
boron from the SFP was evaluated as part of
the analyses in support of this proposed
amendment. The analyses use the same
soluble boron concentrations as were used in
previous analyses for the Region I and Region
II spent fuel storage racks. The SFP Regions
1A, 1B, 1C, 1D, and 1E storage racks are
analyzed to allow storage of the fuel applying
E:\FR\FM\10MYN1.SGM
10MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
a burnup credit (for regions 1B, 1C, 1D, and
1E), a complete loss of Carborundum® plates
and complete voiding of the gaps between
the SFP individual storage cells. A minimum
margin of 0.0117 is calculated for the boron
dilution events with respect to 10 CFR 50.68
criteria, both borated and unborated. All
abnormal conditions meet the 0.95 criterion
at 1350 ppm of boron. Therefore, the
limitations on boron concentration have not
changed and would not result in a significant
increase in the probability or consequences
of a previously evaluated accident.
There is no increase in the probability or
consequences of the loss of normal cooling to
the SFP water, when considering this change
that credits fuel burnup, voiding of the gaps
between the SFP rack individual storage
cells, and the presence of soluble boron in
the pool water for subcriticality control, since
a high concentration of soluble boron is
always maintained in the SFP.
The criticality analyses documented in
AREVA NP Inc. report ANP–2858P–003,
‘‘Palisades SFP Region 1 Criticality
Evaluation with Burnup Credit,’’ show, at a
95 percent probability and a 95 percent
confidence level (95/95), that Keff is less than
the regulatory limit in 10 CFR 50.68 of 0.95
under borated conditions, or the limit of 1.0
with unborated water. Therefore, the
consequences of accidents previously
evaluated are not increased.
Therefore, it is concluded that the
proposed change does not significantly
increase the probability or consequences of
any 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.
Spent fuel handling accidents have been
analyzed in Sections 14.11, ‘‘Postulated Cask
Drop Accidents,’’ and 14.19, ‘‘Fuel Handling
Incident,’’ of the Updated Final Safety
Analysis Report. Criticality accidents in the
SFP have been analyzed in previous
criticality evaluations, which are the bases
for the existing TS.
The existing TS allow storage of fuel
assemblies with a maximum planar average
U–235 enrichment of 4.54 weight percent in
the Region 1A fuel storage rack, 4.34 weight
percent in the Region 1B storage rack, and
3.05 weight percent in the 1E Region storage
rack with the exception of one assembly in
Region 1E having a maximum planar average
U–235 enrichment of 3.26 weight percent.
The proposed specifications would allow
fuel enrichment to 4.54 weight percent in
existing Regions 1B, and 1E and for new
Regions 1C and 1D with minimum
enrichment dependent burnup restrictions.
The existing Region 1A enrichment of 4.54
weight percent is unchanged in the proposed
specifications. The possibility of placing a
fuel assembly with greater enrichment than
allowed currently exists but is controlled by
the fuel manufacturer’s procedures and plant
fuel handling procedures. These
manufacturer’s and plant procedural controls
would remain in place. Changing the allowed
enrichments does not create a new or
different kind of accident.
ENO considered the effects of a
mispositioned fuel assembly. The proposed
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
loading restrictions include locations that are
prohibited from containing any fuel.
Administrative controls are in place to
restrict fuel moves to those locations. These
controls include procedures to develop the
plans for fuel movement and operation of the
fuel handling equipment. These procedures
include appropriate reviews and verifications
to ensure that TS requirements are
maintained.
Furthermore, the existing TS contain
limitations on the SFP boron concentration
that conservatively bound the required boron
concentration of the new criticality analysis.
Currently, TS 3.7.15 requires a minimum
boron concentration of 1720 ppm. Since
soluble boron is maintained in the SFP water,
implementation of the proposed changes
would have no effect on normal pool
operation and maintenance. Since soluble
boron is present in the SFP, a dilution event
has always been a possibility. The loss of
substantial amounts of soluble boron from
the SFP was evaluated as part of the analysis
in support of Amendment No. 207. The
analysis also demonstrated that, due to the
large volume of unborated water that would
need to be added and displaced, and the long
duration of the event, the condition would be
detected and corrected promptly. The
analyses that support the current request use
the same soluble boron concentrations that
were used in previous analyses for the
Region I and Region II spent fuel storage
racks. In the unlikely event that soluble
boron in the SFP is completely diluted, the
fuel in Region I, Regions 1A, 1B, 1C, 1D, and
1E of the SFP would remain subcritical by a
design margin of at least 0.0117 delta K, so
the Keff of the fuel in Region 1 would remain
below 1.0.
The combination of controls to prevent a
mispositioned fuel assembly, the ability to
readily identify and correct a dilution event,
and the relatively high concentration of
soluble boron supports a conclusion that a
new or different kind of accident is not
created.
Under the proposed amendment, no
changes are made to the fuel storage racks
themselves, to any other systems, or to any
plant structures. Therefore, the change will
not result in any other change in the plant
configuration or equipment design.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
Detailed analysis, with approved and
benchmarked methods has shown, with a 95
percent probability at a 95 percent
confidence level, that the Keff of the Region
I, Region 1A, 1B, 1C, 1D, and 1E, fuel storage
racks in the SFP, including biases, tolerances
and uncertainties, is less than 1.0 with
unborated water and is less than or equal to
0.95 with 850 ppm of soluble boron and
burnup credited (for Regions 1B, 1C, 1D, and
1E), along with complete voiding of the gaps
between the individual storage cells in the
SFP racks. In addition, the effects of
abnormal and accident conditions have been
evaluated to demonstrate that under credible
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
27097
conditions the Keff will not exceed 0.95 with
1350 ppm soluble boron and burnup
credited. The current TS requirement for
minimum SFP boron concentration is 1720
ppm, which provides assurance that the SFP
would remain subcritical under normal,
abnormal, or accident conditions.
The current analysis basis for the Region I
and Region II fuel storage racks is a
maximum Keff of less than 1.0 when flooded
with unborated water, and less than or equal
to 0.95 when flooded with water having a
boron concentration of 850 ppm. In addition,
the Keff in accident or abnormal operating
conditions is less than 0.95 with 1350 ppm
of soluble boron. These values are not
affected by the proposed change.
Therefore, it is concluded that the
proposed change does 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.
Attorney for licensee: Mr. William
Dennis, Assistant General Counsel,
Entergy Nuclear Operations, Inc., 440
Hamilton Ave., White Plains, NY 10601.
NRC Branch Chief: Robert J.
Pascarelli.
NextEra Energy Seabrook, LLC, Docket
No. 50–443, Seabrook Station, Unit 1,
Rockingham County, New Hampshire
Date of amendment request: July 26,
2010.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The license
amendment request (LAR) proposes a
revision to the Facility Operating
License (FOL) to require the licensee to
fully implement and maintain in effect
all provisions of a Nuclear Regulatory
Commission (NRC)-approved cyber
security plan (CSP). The LAR was
submitted pursuant to Section 73.54 of
Title 10 of the Code of Federal
Regulation (10 CFR) which requires
licensees currently licensed to operate a
nuclear power plant under 10 CFR Part
50 to submit a CSP for NRC review and
approval.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. [The proposed changes do not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.]
The proposed amendment incorporates a
new requirement in the [FOL] to implement
E:\FR\FM\10MYN1.SGM
10MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
27098
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
and maintain a Cyber Security Plan as part
of the facility’s overall program for physical
protection. Inclusion of the [CSP] in the FOL
itself does not involve any modifications to
the safety-related structures, systems, or
components (SSCs). Rather, the [CSP]
describes how the requirements of 10 CFR
73.54 are to be implemented to identify,
evaluate, and mitigate cyber attacks up to and
including the design basis cyber attack threat,
thereby achieving high assurance that the
facility’s digital computer and
communications systems and networks are
protected from cyber attacks. The [CSP] will
not alter previously evaluated Final Safety
Analysis Report (FSAR) design basis accident
analysis assumptions, add any accident
initiators, or affect the function of the plant
safety-related SSCs as to how they are
operated, maintained, modified, tested, or
inspected.
Therefore, the proposed amendment does
not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. [The proposed changes do not create the
possibility of a new or different kind of
accident from any previously evaluated.]
This proposed amendment provides
assurance that safety-related SSCs are
protected from cyber attacks. Implementation
of 10 CFR 73.54 and the inclusion of a plan
in the FOL do not result in the need of any
new or different FSAR design basis accident
analysis. It does not introduce new
equipment that could create a new or
different kind of accident, and no new
equipment failure modes are created. As a
result, no new accident scenarios, failure
mechanisms, or limiting single failures are
introduced as a result of this proposed
amendment.
Therefore, the proposed amendment does
not create the possibility for an accident of
a new or different type than those previously
evaluated.
3. [The proposed changes do not involve a
significant reduction in the margin of safety.]
The margin of safety is associated with the
confidence in the ability of the fission
product barriers (i.e., fuel cladding, reactor
coolant pressure boundary, and containment
structure) to limit the level of radiation to the
public. The proposed amendment would not
alter the way any safety-related SSC
functions and would not alter the way the
plant is operated. The amendment provides
assurance that safety-related SSCs are
protected from cyber attacks. The proposed
amendment would not introduce any safety
limit. The proposed amendment would have
no impact on the structural integrity of the
fuel cladding, reactor coolant pressure
boundary, or containment structure. Based
on the above considerations, the proposed
amendment would not degrade the
confidence in the ability of the fission
product barriers to limit the level of radiation
to the public.
Therefore, the proposed change does not
involve a significant reduction in a margin
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, and with the changes noted
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
above in square brackets, it appears that
the three standards of 10 CFR 50.92(c)
are satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: M.S. Ross,
Florida Power & Light Company, P.O.
Box 14000, Juno Beach, FL 33408–0420.
NRC Branch Chief: Harold Chernoff.
Northern States Power Company—
Minnesota, Docket Nos. 50–282 and 50–
306, Prairie Island Nuclear Generating
Plant (PINGP), Units 1 and 2, Goodhue
County, Minnesota
Date of amendment request: March
18, 2011.
Description of amendment request:
This amendment request contains
safeguards information (SGI). The
amendments would revise the facility
Physical Security Plan (PSP) by
modifying an existing commitment
concerning armed responders.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The requested amendment involves
security activities that do not reduce the
ability for the security organization to
prevent radiological sabotage. The activities
of the security organization are not accident
initiators nor do they mitigate accidents.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed change involves functions of
the security organization concerning
utilization of personnel to implement the
revised PlNGP defensive strategy. Analysis of
the proposed change has not indicated nor
identified a new or different kind of accident
from any previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed change will not reduce the
number of armed responders committed to in
the PlNGP PSP. The change will affect only
the functions within the Security
organization and has no impact upon nor
causes a significant reduction in margin of
safety for plant operation.
Therefore, the proposed change does not
involve a significant reduction in the margin
of safety.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Peter M. Glass,
Assistant General Counsel, Xcel Energy
Services, Inc., 414 Nicollet Mall,
Minneapolis, MN 55401
NRC Branch Chief: Robert J.
Pascarelli.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention
Preparation.
Entergy Nuclear Operations, Inc.,
Docket No. 50–255, Palisades Nuclear
Plant, Van Buren County, Michigan
NextEra Energy Seabrook, LLC, Docket
No. 50–443, Seabrook Station, Unit 1,
Rockingham County, New Hampshire
Northern States Power Company—
Minnesota, Docket Nos. 50–282 and
50–306, Prairie Island Nuclear
Generating Plant (PINGP), Units 1 and
2, Goodhue County, Minnesota
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)). Requirements for
access to SGI are primarily set forth in
10 CFR Parts 2 and 73. Nothing in this
Order is intended to conflict with the
SGI regulations.
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 or SGI is necessary to respond to
this notice may request access to SUNSI
or SGI. 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 or
SGI 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,
SGI, or both 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
E:\FR\FM\10MYN1.SGM
10MYN1
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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) If the request is for SUNSI, 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;
(4) If the request is for SGI, the
identity of each individual who would
have access to SGI if the request is
granted, including the identity of any
expert, consultant, or assistant who will
aid the requestor in evaluating the SGI.
In addition, the request must contain
the following information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with the
definition of ‘‘need to know’’ as stated in
10 CFR 73.2, the statement must
explain:
(i) Specifically why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the requestor to
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 and/or SGI under
these procedures should be submitted as described
in this paragraph.
2 Broad SGI requests under these procedures are
unlikely to meet the standard for need to know;
furthermore, staff redaction of information from
requested documents before their release may be
appropriate to comport with this requirement.
These procedures do not authorize unrestricted
disclosure or less scrutiny of a requestor’s need to
know than ordinarily would be applied in
connection with an already-admitted contention or
non-adjudicatory access to SGI.
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
effectively utilize the requested SGI to
provide the basis and specificity for a
proffered contention. The technical
competence of a potential party or its
counsel may be shown by reliance on a
qualified expert, consultant, or assistant
who satisfies these criteria.
(b) A completed Form SF–85,
‘‘Questionnaire for Non-Sensitive
Positions’’ for each individual who
would have access to SGI. The
completed Form SF–85 will be used by
the Office of Administration to conduct
the background check required for
access to SGI, as required by 10 CFR
Part 2, Subpart G and 10 CFR
73.22(b)(2), to determine the requestor’s
trustworthiness and reliability. For
security reasons, Form SF–85 can only
be submitted electronically through the
electronic questionnaire for
investigations processing (e-QIP) Web
site, a secure web site that is owned and
operated by the Office of Personnel
Management. To obtain online access to
the form, the requestor should contact
the NRC’s Office of Administration at
301–492–3524.3
(c) A completed Form FD–258
(fingerprint card), signed in original ink,
and submitted in accordance with 10
CFR 73.57(d). Copies of Form FD–258
may be obtained by writing the Office of
Information Services, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, by calling 301–415–
7232 or 301–492–7311, or by e-mail to
Forms.Resource@nrc.gov. The
fingerprint card will be used to satisfy
the requirements of 10 CFR Part 2, 10
CFR 73.22(b)(1), and Section 149 of the
Atomic Energy Act of 1954, as amended
(the Act), which mandates that all
persons with access to SGI must be
fingerprinted for an FBI identification
and criminal history records check;
(d) A check or money order payable
in the amount of $ 200.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted, and
(e) If the requestor or any individual
who will have access to SGI believes
they belong to one or more of the
categories of individuals that are exempt
from the criminal history records check
and background check requirements in
10 CFR 73.59, the requestor should also
provide a statement identifying which
exemption the requestor is invoking and
3 The requestor will be asked to provide his or her
full name, social security number, date and place
of birth, telephone number, and e-mail address.
After providing this information, the requestor
usually should be able to obtain access to the online
form within one business day.
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
27099
explaining the requestor’s basis for
believing that the exemption applies.
While processing the request, the Office
of Administration, Personnel Security
Branch, will make a final determination
whether the claimed exemption applies.
Alternatively, the requestor may contact
the Office of Administration for an
evaluation of their exemption status
prior to submitting their request.
Persons who are exempt from the
background check are not required to
complete the SF–85 or Form FD–258;
however, all other requirements for
access to SGI, including the need to
know, are still applicable.
Note: Copies of documents and materials
required by paragraphs C.(4)(b), (c), and (d)
of this Order must be sent to the following
address: Office of Administration, U.S.
Nuclear Regulatory Commission, Personnel
Security Branch, Mail Stop TWB–05–B32M,
Washington, DC 20555–0001.
These documents and materials
should not be included with the request
letter to the Office of the Secretary, but
the request letter should state that the
forms and fees have been submitted as
required above.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under Paragraphs
C.(3) or C.(4) above, as applicable, 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 or
need to know the SGI requested.
F. For requests for access to SUNSI, if
the NRC staff determines that the
requestor satisfies both E.(1) and E.(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
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 5 setting
5 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
E:\FR\FM\10MYN1.SGM
Continued
10MYN1
27100
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
G. For requests for access to SGI, if the
NRC staff determines that the requestor
has satisfied both E.(1) and E.(2) above,
the Office of Administration will then
determine, based upon completion of
the background check, whether the
proposed recipient is trustworthy and
reliable, as required for access to SGI by
10 CFR 73.22(b). If the Office of
Administration determines that the
individual or individuals are
trustworthy and reliable, the NRC will
promptly notify the requestor in writing.
The notification will provide the names
of approved individuals as well as the
conditions under which the SGI will be
provided. Those conditions may
include, but not be limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 6 by
each individual who will be granted
access to SGI.
H. Release and Storage of SGI. Prior
to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an
inspection to confirm that the
recipient’s information protection
system is sufficient to satisfy the
requirements of 10 CFR 73.22.
Alternatively, recipients may opt to
view SGI at an approved SGI storage
location rather than establish their own
SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI or SGI 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 or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI
or SGI is denied by the NRC staff either
after a determination on standing and
requisite need, 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) Before the Office of
Administration makes an adverse
determination regarding the proposed
recipient(s) trustworthiness and
reliability for access to SGI, the Office
of Administration, in accordance with
10 CFR 2.705(c)(3)(iii), must provide the
proposed recipient(s) any records that
were considered in the trustworthiness
and reliability determination, including
those required to be provided under 10
CFR 73.57(e)(1), so that the proposed
recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the
NRC staff’s adverse determination with
respect to access to SUNSI 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.
(4) The requestor may challenge the
NRC staff’s or Office of Administration’s
adverse determination with respect to
access to SGI by filing a request for
review in accordance with 10 CFR
2.705(c)(3)(iv). Further appeals of
decisions under this paragraph must be
made pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI or SGI 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 2.311.7
L. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI or SGI, and motions for
protective orders, in a timely fashion in
order to minimize any unnecessary
delays in identifying those petitioners
who have standing and who have
propounded contentions meeting the
specificity and basis requirements in 10
CFR Part 2. Attachment 1 to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 2nd day
of May, 2011.
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 AND 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) and/or
Safeguards Information (SGI) with information: Supporting the standing of a potential party identified by name and
address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access
to SGI); and, for SGI, including application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
10 ..................................
jlentini on DSKJ8SOYB1PROD with NOTICES
60 ..................................
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
6 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be
filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
yet been designated, within 180 days of the
deadline for the receipt of the written access
request.
7 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
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI/SGI request
submitted to the NRC staff under these procedures.
E:\FR\FM\10MYN1.SGM
10MYN1
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
27101
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/Activity
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 (1) need for SUNSI or (2)
need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent
of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for
SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff
begins background check (including fingerprinting for a criminal history records check), information processing
(preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ 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.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC
staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse
determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain
information.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination either
before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv).
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for
access to sensitive information (including schedule for providing access and submission of contentions) or decision
reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision
issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if
more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its
SUNSI or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
25 ..................................
30 ..................................
40 ..................................
190 ................................
205 ................................
A ...................................
A + 3 .............................
A + 28 ...........................
A + 53 ...........................
A + 60 ...........................
A + 60 ...........................
[FR Doc. 2011–11225 Filed 5–9–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
jlentini on DSKJ8SOYB1PROD with NOTICES
Advisory Committee on Reactor
Safeguards (ACRS) Meeting of the
ACRS Subcommittee on Radiation
Protection and Nuclear Materials;
Notice of Meeting
The ACRS Subcommittee on
Radiation Protection and Nuclear
Materials will hold a meeting on May
25, 2011, Room T–2B3, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows: Wednesday, May 25,
2011—1:30 p.m. until 5 p.m.
The Subcommittee will hear a briefing
on the International Isotopes, Inc. (INIS)
de-Conversion, facility license
application and regulatory review
process and human reliability analysis
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
(HRA) in nuclear materials area. The
Subcommittee will hear presentations
by and hold discussions with the NRC
staff and other interested persons
regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Derek Widmayer
(Telephone 301–415–7366 or E-mail:
Derek.Widmayer@nrc.gov) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be e-mailed to the DFO one day
before the meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
presentation at least thirty minutes
before the meeting. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 21, 2010, (75 FR 65038–65039).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the website cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
E:\FR\FM\10MYN1.SGM
10MYN1
Agencies
[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27094-27101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11225]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0098]
Notice; Applications and Amendments to Facility Operating
Licenses Involving Proposed No Significant Hazards Considerations and
Containing Sensitive Unclassified Non-Safeguards Information and
Safeguards Information and Order Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards Information and Safeguards
Information
I. Background
Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission, NRC, or NRC staff) is publishing this notice. The Act
requires the Commission to publish notice of any amendments issued, or
proposed to be issued and grants the Commission the authority to issue
and make immediately effective any amendment to an operating license
upon a determination by the Commission that such amendment involves no
significant hazards consideration, notwithstanding the pendency before
the Commission of a request for a hearing from any person.
This notice includes notices of amendments containing sensitive
unclassified non-safeguards information (SUNSI) and safeguards
information (SGI).
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in Title 10 of the Code of Federal
Regulations (10 CFR) 50.92, this means that operation of the facility
in accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; (2) create the possibility of a new or different
kind of accident from any accident previously evaluated; or (3) involve
a significant reduction in a margin of safety. The basis for this
proposed determination for each amendment request is shown below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules,
Announcements and Directives Branch (RADB), TWB-05-B01M, Division of
Administrative Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and should cite the
publication date and page number of this Federal Register notice.
Written comments may also be faxed to the RADB at 301-492-3446.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Room O1-F21,
11555 Rockville Pike (first floor), Rockville, Maryland 20852.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the Commission's PDR, located at One White Flint North, Room O1-F21,
11555 Rockville Pike (first floor), Rockville, Maryland 20852, or at
https://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0309.html. Publicly available records will be accessible in the
Agencywide Documents Access and Management System (ADAMS) online in the
NRC Library at https://www.nrc.gov/reading-rm/adams.html. If a request
for a hearing or petition for leave to intervene is filed within 60
days, the Commission or a presiding officer designated by the
Commission or by the Chief Administrative Judge of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and
[[Page 27095]]
how that interest may be affected by the results of the proceeding. The
petition should specifically explain the reasons why intervention
should be permitted with particular reference to the following general
requirements: (1) The name, address, and telephone number of the
requestor or petitioner; (2) the nature of the requestor's/petitioner's
right under the Act to be made a party to the proceeding; (3) the
nature and extent of the requestor's/petitioner's property, financial,
or other interest in the proceeding; and (4) the possible effect of any
decision or order which may be entered in the proceeding on the
requestor's/petitioner's interest. The petition must also set forth the
specific contentions which the requestor/petitioner seeks to have
litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (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 identification (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 the 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 the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC'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 the Electronic Information Exchange System,
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 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern
[[Page 27096]]
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 the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/EHD/, 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 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).
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the Commission's PDR, located at One White Flint North, Room O1-F21,
11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available records will be accessible electronically in ADAMS online in
the NRC Library at https://www.nrc.gov/reading-rm/adams.html. If you do
not have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the PDR Reference staff at 1-800-
397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
Entergy Nuclear Operations, Inc., Docket No. 50-255, Palisades Nuclear
Plant, Van Buren County, Michigan
Date of amendment request: January 31, 2011.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise Appendix A, Technical Specifications (TS), as
they apply to the spent fuel pool (SFP) storage requirements in TS
Section 3.7.16 and criticality requirements for Region I SFP and north
tilt pit fuel storage racks, in TS Section 4.3. The criticality
analyses supporting the proposed TS change for the Region I fuel
storage racks reflect credit for fuel assembly burnup and soluble
boron. Based on the analyses, the proposed change, in accordance with
Title 10 of the Code of Federal Regulations (10 CFR) 50.68,
``Criticality accident requirements,'' would maintain the effective
neutron multiplication factor (Keff) limits for Region I storage racks
to less than 1.0 when flooded with water having a minimum boron
concentration of 850 parts per million (ppm) during normal operations,
and 1350 ppm during accident conditions.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
There is no significant increase in the probability of an
accidental misloading of fuel assemblies into the spent fuel pool
(SFP) racks when considering the presence of soluble boron in the
pool water for criticality control and the proposed changes. The
proposed changes credit fuel burnup and voiding of the gaps between
the SFP rack individual storage cells. Fuel assembly placement would
continue to be controlled by approved fuel handling procedures and
would be in accordance with the TS fuel storage rack configuration
limitations.
There is no significant increase in the consequences of the
accidental misloading of fuel assemblies into the SFP racks. The
criticality analyses that credit fuel burnup and voiding of the gaps
between the SFP rack individual storage cells demonstrate that the
pool would remain subcritical with margin following an accidental
misloading if the pool contains an adequate boron concentration. The
TS 3.7.15 limitation on minimum SFP boron concentration and plant
procedures together ensure that an adequate boron concentration will
be maintained.
There is no significant increase in the probability of a fuel
assembly drop accident in the SFP when considering the presence of
soluble boron in the SFP water for criticality control, credit fuel
burnup, and voiding of the gaps between the SFP rack individual
storage cells. The handling of fuel assemblies in the spent fuel is
performed in accordance with site procedures in borated water. The
criticality analysis has shown that the reactivity increase with a
fuel assembly drop accident in both a vertical and horizontal
orientation is bounded by the fuel assembly misloading accident.
Therefore, in addition to there being no significant increase in the
probability of a fuel assembly drop accident, the consequences of a
fuel assembly drop accident in the SFP would not increase
significantly due to the proposed change.
The SFP TS 3.7.15 requires a minimum boron concentration of 1720
ppm, which bounds the analysis for the proposed amendment. Soluble
boron has been maintained in the SFP water as required by TS and
controlled by procedures. The criticality safety analyses for Region
I and Region II of the SFP credit the same soluble boron
concentration of 850 ppm to maintain a Keff <= 0.95 under normal
conditions and 1350 ppm to maintain a Keff <= 0.95 under accident
scenarios as does the analysis for the proposed change for Region I,
Regions 1A, 1B, 1C, 1D, and 1E. In crediting soluble boron, in
Region 1A, and soluble boron and burnup, in Regions 1B, 1C, 1D, and
1E, the SFP criticality analysis would have no effect on normal pool
operation and maintenance. Credit for fuel burnup and voiding of the
gaps between the SFP rack individual storage cells would have no
effect on the normal SFP operation and maintenance. Thus, there is
no change to the probability or the consequences of the boron
dilution event in the SFP.
Since soluble boron is maintained in the SFP water,
implementation of the proposed changes would have no effect on
normal pool operation and maintenance. Also, since soluble boron is
present in the SFP, a dilution event has always been a possibility.
The loss of substantial amounts of soluble boron from the SFP was
evaluated as part of the analyses in support of this proposed
amendment. The analyses use the same soluble boron concentrations as
were used in previous analyses for the Region I and Region II spent
fuel storage racks. The SFP Regions 1A, 1B, 1C, 1D, and 1E storage
racks are analyzed to allow storage of the fuel applying
[[Page 27097]]
a burnup credit (for regions 1B, 1C, 1D, and 1E), a complete loss of
Carborundum[reg] plates and complete voiding of the gaps between the
SFP individual storage cells. A minimum margin of 0.0117 is
calculated for the boron dilution events with respect to 10 CFR
50.68 criteria, both borated and unborated. All abnormal conditions
meet the 0.95 criterion at 1350 ppm of boron. Therefore, the
limitations on boron concentration have not changed and would not
result in a significant increase in the probability or consequences
of a previously evaluated accident.
There is no increase in the probability or consequences of the
loss of normal cooling to the SFP water, when considering this
change that credits fuel burnup, voiding of the gaps between the SFP
rack individual storage cells, and the presence of soluble boron in
the pool water for subcriticality control, since a high
concentration of soluble boron is always maintained in the SFP.
The criticality analyses documented in AREVA NP Inc. report ANP-
2858P-003, ``Palisades SFP Region 1 Criticality Evaluation with
Burnup Credit,'' show, at a 95 percent probability and a 95 percent
confidence level (95/95), that Keff is less than the regulatory
limit in 10 CFR 50.68 of 0.95 under borated conditions, or the limit
of 1.0 with unborated water. Therefore, the consequences of
accidents previously evaluated are not increased.
Therefore, it is concluded that the proposed change does not
significantly increase the probability or consequences of any
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.
Spent fuel handling accidents have been analyzed in Sections
14.11, ``Postulated Cask Drop Accidents,'' and 14.19, ``Fuel
Handling Incident,'' of the Updated Final Safety Analysis Report.
Criticality accidents in the SFP have been analyzed in previous
criticality evaluations, which are the bases for the existing TS.
The existing TS allow storage of fuel assemblies with a maximum
planar average U-235 enrichment of 4.54 weight percent in the Region
1A fuel storage rack, 4.34 weight percent in the Region 1B storage
rack, and 3.05 weight percent in the 1E Region storage rack with the
exception of one assembly in Region 1E having a maximum planar
average U-235 enrichment of 3.26 weight percent. The proposed
specifications would allow fuel enrichment to 4.54 weight percent in
existing Regions 1B, and 1E and for new Regions 1C and 1D with
minimum enrichment dependent burnup restrictions. The existing
Region 1A enrichment of 4.54 weight percent is unchanged in the
proposed specifications. The possibility of placing a fuel assembly
with greater enrichment than allowed currently exists but is
controlled by the fuel manufacturer's procedures and plant fuel
handling procedures. These manufacturer's and plant procedural
controls would remain in place. Changing the allowed enrichments
does not create a new or different kind of accident.
ENO considered the effects of a mispositioned fuel assembly. The
proposed loading restrictions include locations that are prohibited
from containing any fuel. Administrative controls are in place to
restrict fuel moves to those locations. These controls include
procedures to develop the plans for fuel movement and operation of
the fuel handling equipment. These procedures include appropriate
reviews and verifications to ensure that TS requirements are
maintained.
Furthermore, the existing TS contain limitations on the SFP
boron concentration that conservatively bound the required boron
concentration of the new criticality analysis. Currently, TS 3.7.15
requires a minimum boron concentration of 1720 ppm. Since soluble
boron is maintained in the SFP water, implementation of the proposed
changes would have no effect on normal pool operation and
maintenance. Since soluble boron is present in the SFP, a dilution
event has always been a possibility. The loss of substantial amounts
of soluble boron from the SFP was evaluated as part of the analysis
in support of Amendment No. 207. The analysis also demonstrated
that, due to the large volume of unborated water that would need to
be added and displaced, and the long duration of the event, the
condition would be detected and corrected promptly. The analyses
that support the current request use the same soluble boron
concentrations that were used in previous analyses for the Region I
and Region II spent fuel storage racks. In the unlikely event that
soluble boron in the SFP is completely diluted, the fuel in Region
I, Regions 1A, 1B, 1C, 1D, and 1E of the SFP would remain
subcritical by a design margin of at least 0.0117 delta K, so the
Keff of the fuel in Region 1 would remain below 1.0.
The combination of controls to prevent a mispositioned fuel
assembly, the ability to readily identify and correct a dilution
event, and the relatively high concentration of soluble boron
supports a conclusion that a new or different kind of accident is
not created.
Under the proposed amendment, no changes are made to the fuel
storage racks themselves, to any other systems, or to any plant
structures. Therefore, the change will not result in any other
change in the plant configuration or equipment design.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Detailed analysis, with approved and benchmarked methods has
shown, with a 95 percent probability at a 95 percent confidence
level, that the Keff of the Region I, Region 1A, 1B, 1C, 1D, and 1E,
fuel storage racks in the SFP, including biases, tolerances and
uncertainties, is less than 1.0 with unborated water and is less
than or equal to 0.95 with 850 ppm of soluble boron and burnup
credited (for Regions 1B, 1C, 1D, and 1E), along with complete
voiding of the gaps between the individual storage cells in the SFP
racks. In addition, the effects of abnormal and accident conditions
have been evaluated to demonstrate that under credible conditions
the Keff will not exceed 0.95 with 1350 ppm soluble boron and burnup
credited. The current TS requirement for minimum SFP boron
concentration is 1720 ppm, which provides assurance that the SFP
would remain subcritical under normal, abnormal, or accident
conditions.
The current analysis basis for the Region I and Region II fuel
storage racks is a maximum Keff of less than 1.0 when flooded with
unborated water, and less than or equal to 0.95 when flooded with
water having a boron concentration of 850 ppm. In addition, the Keff
in accident or abnormal operating conditions is less than 0.95 with
1350 ppm of soluble boron. These values are not affected by the
proposed change.
Therefore, it is concluded that the proposed change does 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.
Attorney for licensee: Mr. William Dennis, Assistant General
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Ave., White
Plains, NY 10601.
NRC Branch Chief: Robert J. Pascarelli.
NextEra Energy Seabrook, LLC, Docket No. 50-443, Seabrook Station, Unit
1, Rockingham County, New Hampshire
Date of amendment request: July 26, 2010.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The license
amendment request (LAR) proposes a revision to the Facility Operating
License (FOL) to require the licensee to fully implement and maintain
in effect all provisions of a Nuclear Regulatory Commission (NRC)-
approved cyber security plan (CSP). The LAR was submitted pursuant to
Section 73.54 of Title 10 of the Code of Federal Regulation (10 CFR)
which requires licensees currently licensed to operate a nuclear power
plant under 10 CFR Part 50 to submit a CSP for NRC review and approval.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. [The proposed changes do not involve a significant increase
in the probability or consequences of an accident previously
evaluated.]
The proposed amendment incorporates a new requirement in the
[FOL] to implement
[[Page 27098]]
and maintain a Cyber Security Plan as part of the facility's overall
program for physical protection. Inclusion of the [CSP] in the FOL
itself does not involve any modifications to the safety-related
structures, systems, or components (SSCs). Rather, the [CSP]
describes how the requirements of 10 CFR 73.54 are to be implemented
to identify, evaluate, and mitigate cyber attacks up to and
including the design basis cyber attack threat, thereby achieving
high assurance that the facility's digital computer and
communications systems and networks are protected from cyber
attacks. The [CSP] will not alter previously evaluated Final Safety
Analysis Report (FSAR) design basis accident analysis assumptions,
add any accident initiators, or affect the function of the plant
safety-related SSCs as to how they are operated, maintained,
modified, tested, or inspected.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. [The proposed changes do not create the possibility of a new
or different kind of accident from any previously evaluated.]
This proposed amendment provides assurance that safety-related
SSCs are protected from cyber attacks. Implementation of 10 CFR
73.54 and the inclusion of a plan in the FOL do not result in the
need of any new or different FSAR design basis accident analysis. It
does not introduce new equipment that could create a new or
different kind of accident, and no new equipment failure modes are
created. As a result, no new accident scenarios, failure mechanisms,
or limiting single failures are introduced as a result of this
proposed amendment.
Therefore, the proposed amendment does not create the
possibility for an accident of a new or different type than those
previously evaluated.
3. [The proposed changes do not involve a significant reduction
in the margin of safety.]
The margin of safety is associated with the confidence in the
ability of the fission product barriers (i.e., fuel cladding,
reactor coolant pressure boundary, and containment structure) to
limit the level of radiation to the public. The proposed amendment
would not alter the way any safety-related SSC functions and would
not alter the way the plant is operated. The amendment provides
assurance that safety-related SSCs are protected from cyber attacks.
The proposed amendment would not introduce any safety limit. The
proposed amendment would have no impact on the structural integrity
of the fuel cladding, reactor coolant pressure boundary, or
containment structure. Based on the above considerations, the
proposed amendment would not degrade the confidence in the ability
of the fission product barriers to limit the level of radiation to
the public.
Therefore, the proposed change does not involve a significant
reduction in a margin safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, and with the changes noted above in square brackets, it
appears that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment
request involves no significant hazards consideration.
Attorney for licensee: M.S. Ross, Florida Power & Light Company,
P.O. Box 14000, Juno Beach, FL 33408-0420.
NRC Branch Chief: Harold Chernoff.
Northern States Power Company--Minnesota, Docket Nos. 50-282 and 50-
306, Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2,
Goodhue County, Minnesota
Date of amendment request: March 18, 2011.
Description of amendment request: This amendment request contains
safeguards information (SGI). The amendments would revise the facility
Physical Security Plan (PSP) by modifying an existing commitment
concerning armed responders.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The requested amendment involves security activities that do not
reduce the ability for the security organization to prevent
radiological sabotage. The activities of the security organization
are not accident initiators nor do they mitigate accidents.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed change involves functions of the security
organization concerning utilization of personnel to implement the
revised PlNGP defensive strategy. Analysis of the proposed change
has not indicated nor identified a new or different kind of accident
from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed change will not reduce the number of armed
responders committed to in the PlNGP PSP. The change will affect
only the functions within the Security organization and has no
impact upon nor causes a significant reduction in margin of safety
for plant operation.
Therefore, the proposed change does 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.
Attorney for licensee: Peter M. Glass, Assistant General Counsel,
Xcel Energy Services, Inc., 414 Nicollet Mall, Minneapolis, MN 55401
NRC Branch Chief: Robert J. Pascarelli.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation.
Entergy Nuclear Operations, Inc., Docket No. 50-255, Palisades Nuclear
Plant, Van Buren County, Michigan
NextEra Energy Seabrook, LLC, Docket No. 50-443, Seabrook Station, Unit
1, Rockingham County, New Hampshire
Northern States Power Company--Minnesota, Docket Nos. 50-282 and 50-
306, Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2,
Goodhue County, Minnesota
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR Parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
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 or SGI is necessary to respond to this notice
may request access to SUNSI or SGI. 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 or SGI 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, SGI, or both 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
[[Page 27099]]
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 and/or SGI
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) If the request is for SUNSI, 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;
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------
\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, staff redaction of
information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
---------------------------------------------------------------------------
(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR Part 2, Subpart G and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the electronic
questionnaire for investigations processing (e-QIP) Web site, a secure
web site that is owned and operated by the Office of Personnel
Management. To obtain online access to the form, the requestor should
contact the NRC's Office of Administration at 301-492-3524.\3\
---------------------------------------------------------------------------
\3\ The requestor will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and e-mail address. After providing this information, the requestor
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Information Services,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by
calling 301-415-7232 or 301-492-7311, or by e-mail to
Forms.Resource@nrc.gov. The fingerprint card will be used to satisfy
the requirements of 10 CFR Part 2, 10 CFR 73.22(b)(1), and Section 149
of the Atomic Energy Act of 1954, as amended (the Act), which mandates
that all persons with access to SGI must be fingerprinted for an FBI
identification and criminal history records check;
(d) A check or money order payable in the amount of $ 200.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted, and
---------------------------------------------------------------------------
\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------
(e) If the requestor or any individual who will have access to SGI
believes they belong to one or more of the categories of individuals
that are exempt from the criminal history records check and background
check requirements in 10 CFR 73.59, the requestor should also provide a
statement identifying which exemption the requestor is invoking and
explaining the requestor's basis for believing that the exemption
applies. While processing the request, the Office of Administration,
Personnel Security Branch, will make a final determination whether the
claimed exemption applies. Alternatively, the requestor may contact the
Office of Administration for an evaluation of their exemption status
prior to submitting their request. Persons who are exempt from the
background check are not required to complete the SF-85 or Form FD-258;
however, all other requirements for access to SGI, including the need
to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: Office of Administration, U.S. Nuclear Regulatory
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M,
Washington, DC 20555-0001.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required
above.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
Paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(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 those documents. These conditions
may include, but are not limited to, the signing of a Non-Disclosure
Agreement or Affidavit, or Protective Order \5\ setting
[[Page 27100]]
forth terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but not be limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
---------------------------------------------------------------------------
\6\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI 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 or SGI contentions by that
later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, 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) Before the Office of Administration makes an adverse
determination regarding the proposed recipient(s) trustworthiness and
reliability for access to SGI, the Office of Administration, in
accordance with 10 CFR 2.705(c)(3)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI 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.
(4) The requestor may challenge the NRC staff's or Office of
Administration's adverse determination with respect to access to SGI by
filing a request for review in accordance with 10 CFR 2.705(c)(3)(iv).
Further appeals of decisions under this paragraph must be made pursuant
to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI or SGI
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.\7\
---------------------------------------------------------------------------
\7\ 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/SGI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, and motions for protective orders, in a
timely fashion in order to minimize any unnecessary delays in
identifying those petitioners who have standing and who have propounded
contentions meeting the specificity and basis requirements in 10 CFR
Part 2. Attachment 1 to this Order summarizes the general target
schedule for processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 2nd day of May, 2011.
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 and 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) and/or Safeguards
Information (SGI) with information: Supporting the standing of a
potential party identified by name and address; describing the
need for the information in order for the potential party to
participate meaningfully in an adjudicatory proceeding;
demonstrating that access should be granted (e.g., showing
technical competence for access to SGI); and, for SGI, including
application fee for fingerprint/background check.
60.......................................... Deadline for submitting petition for intervention containing: (i)
Demonstration of standing; (ii) all contentions whose formulation
does not require access to SUNSI and/or SGI (+25 Answers to
petition for intervention; +7 requestor/petitioner reply).
[[Page 27101]]
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 (1) need for SUNSI or (2) need to know for SGI. (For SUNSI,
NRC staff also informs any party to the proceeding whose interest
independent of the proceeding would be harmed by the release of
the information.) If NRC staff makes the finding of need for
SUNSI and likelihood of standing, NRC staff begins document
processing (preparation of redactions or review of redacted
documents). If NRC staff makes the finding of need to know for
SGI and likelihood of standing, NRC staff begins background check
(including fingerprinting for a criminal history records check),
information processing (preparation of redactions or review of
redacted documents), and readiness inspections.
25.......................................... If NRC staff finds no ``need,'' no ``need to know,'' 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.
190......................................... (Receipt +180) If NRC staff finds standing, need to know for SGI,
and trustworthiness and reliability, deadline for NRC staff to
file motion for Protective Order and draft Non-disclosure
Affidavit (or to make a determination that the proposed recipient
of SGI is not trustworthy or reliable). Note: Before the Office
of Administration makes an adverse determination regarding access
to SGI, the proposed recipient must be provided an opportunity to
correct or explain information.
205......................................... Deadline for petitioner to seek reversal of a final adverse NRC
staff trustworthiness or reliability determination either before
the presiding officer or another designated officer under 10 CFR
2.705(c)(3)(iv).
A........................................... If access granted: Issuance of presiding officer or other
designated officer decision on motion for protective order for
access to sensitive information (including schedule for providing
access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
A + 3....................................... Deadline for filing executed Non-Disclosure Affidavits. Access
provided to SUNSI and/or SGI consistent with decision issuing the
protective order.
A + 28...................................... Deadline for submission of contentions whose development depends
upon access to SUNSI and/or SGI. However, if more than 25 days
remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI or SGI contentions by that
later deadline.
A + 53...................................... (Contention receipt +25) Answers to contentions whose development
depends upon access to SUNSI and/or SGI.
A + 60...................................... (Answer receipt +7) Petitioner/Intervenor reply to answers.
A + 60...................................... Decision on contention admission.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-11225 Filed 5-9-11; 8:45 am]
BILLING CODE 7590-01-P