Exelon Generation Company, LLC; PSEG Nuclear, LLC; Peach Bottom Atomic Power Station, Unit 3; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information, 52357-52362 [2011-21346]
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
conditions. There will be no significant
changes in radiation levels during these
evolutions, and no significant increase
in the allowable individual or
cumulative occupational radiation
exposure is expected to occur.
The use of Optimized ZIRLOTM fuel
with a burnup limit of 62 GWD/MTU
will not change the potential
environmental impacts of incident-free
transportation of spent nuclear fuel or
the accident risks associated with spent
fuel transportation if the fuel is cooled
for 5 years after being discharged from
the reactor. A PNNL report for the NRC
(NUREG/CR–6703, January 2001)
concluded that doses associated with
incident-free transportation of spent fuel
with burnup to 75 GWD/MTU are
bound by the doses given in 10 CFR
51.52, Table S–4 for all regions of the
country, based on the dose rates from
the shipping casks being maintained
within regulatory limits. Increased fuel
burnup will decrease the annual
discharge of fuel to the spent fuel pool
which will postpone the need to remove
spent fuel from the pool.
NUREG/CR–6703 determined that no
increase in environmental effects of
spent fuel transportation accidents is
expected as a result of increasing fuel
burnup to 75 GWD/MTU.
Based on the nature of the
amendment, the proposed actions do
not result in changes to land use or
water use, or result in changes to the
quality or quantity of non-radiological
effluents. No changes to the National
Pollution Discharge Elimination System
permit are needed. No effects on the
aquatic or terrestrial habitat in the
vicinity or the plant, or to threatened,
endangered, or protected species under
the Endangered Species Act, or impacts
to essential fish habitat covered by the
Magnuson-Stevens Act are expected.
There are no impacts to the air or
ambient air quality. There are no
impacts to historic and cultural
resources. There would be no noticeable
effect on socioeconomic conditions in
the region. Therefore, no changes or
different types of non-radiological
environmental impacts are expected as
a result of the proposed actions.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
actions.
For more detailed information
regarding the environmental impacts of
extended fuel burnup, please refer to the
study conducted by PNNL for the NRC,
entitled ‘‘Environmental Effects of
Extending Fuel Burnup Above 60 GWD/
MTU’’ (NUREG/CR–6073, PNL–13257,
January 2001, Agencywide Documents
Access and Management System
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(ADAMS) Accession No.
ML010310298). The details of the NRC
staff’s Safety Evaluation will be issued
concurrently with the amendment.
Environmental Impacts of the
Alternatives to the Proposed Actions
As an alternative to the proposed
action, the NRC staff considered denial
of the proposed actions (i.e., the ‘‘noaction’’ alternative). Denial of the
application would result in no change
in current environmental impacts. Thus,
the environmental impacts of the
proposed actions and the alternative
action are similar.
52357
Dated at Rockville, Maryland, this 11th day
of August, 2011.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing
Branch III–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–21340 Filed 8–19–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–278; NRC–2011–0178]
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement for Donald C.
Cook Nuclear Plant, Unit 1, or the
Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants: Regarding Donald C.
Cook Nuclear Plant, Unit Nos. 1 and 2—
Final Report (NUREG–1437,
Supplement 20), dated May 2005.
Exelon Generation Company, LLC;
PSEG Nuclear, LLC; Peach Bottom
Atomic Power Station, Unit 3; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing and
Order Imposing Procedures for
Document Access to Sensitive
Unclassified Non-Safeguards
Information
Agencies and Persons Consulted
In accordance with its stated policy,
on July 14, 2011, the NRC staff
consulted with the Michigan State
official regarding the environmental
impact of the proposed action. The State
officials had no comments.
AGENCY:
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC staff concludes
that the proposed actions will not have
a significant effect on the quality of the
human environment. Accordingly, the
NRC staff determined not to prepare an
environmental impact statement for the
proposed action.
For further details with respect to the
proposed actions, see the licensee’s
letter dated October 29, 2009 (ADAMS
Accession No. ML093140092).
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or send an
e-mail to pdr.resource@nrc.gov.
PO 00000
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Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request, opportunity to comment,
opportunity to request a hearing, and
Commission order.
Submit comments by September
21, 2011. A request for a hearing must
be filed by October 21, 2011. Any
potential party as defined in Title 10 of
the Code of Federal Regulations (10
CFR) 2.4 who believes access to
Sensitive Unclassified Non-Safeguards
Information and/or Safeguards
Information is necessary to respond to
this notice must request document
access by September 1, 2011.
ADDRESSES: Please include Docket ID
NRC–2011–0178 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
DATES:
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52358
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
their comments that they do not want
publicly disclosed. You may submit
comments by any one of the following
methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0178. Address questions
about NRC dockets to Carol Gallagher,
telephone: 301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
You can access publicly available
documents related to this document
using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The application
for amendment, dated June 8, 2011,
contains proprietary information and,
accordingly, those portions are being
withheld from public disclosure. A
redacted version of the application for
amendment, dated June 8, 2011, is
available electronically under ADAMS
Accession Number ML111600180.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0178.
John
D. Hughey, Project Manager, Plant
Licensing Branch 1–2, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
301–415–3204; fax number: 301–415–
2102; e-mail: John.Hughey@nrc.gov.
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FOR FURTHER INFORMATION CONTACT:
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I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. DPR–56, issued to Exelon
Generation Company, LLC, and PSEG
Nuclear, LLC, (licensee) for operation of
the Peach Bottom Atomic Power Station
(PBAPS), Unit 3, located in York and
Lancaster Counties, Pennsylvania.
The proposed amendment would
revise the PBAPS, Unit 3, Technical
Specification Section 2.1.1 to revise
Safety Limit Minimum Critical Power
Ratio (SLMCPR) values. The SLMCPR is
established to assure that at least 99.9%
of the fuel rods in the core do not
experience boiling transition during
normal operation and abnormal
operating transients. The amendment
application is dated June 8, 2011
(ADAMS Accession No. ML111600180).
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in 10 CFR
Section 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
Involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The derivation of the cycle specific Safety
Limit Minimum Critical Power Ratios
(SLMCPRs) for incorporation into the
Technical Specifications (TS), and their use
to determine cycle specific thermal limits,
has been performed using the methodology
discussed in NEDE–2401 1–P–A, ‘‘General
Electric Standard Application for Reactor
Fuel,’’ Revision 18.
The basis of the SLMCPR calculation is to
ensure that during normal operation and
during abnormal operational transients, at
least 99.9% of all fuel rods in the core do not
experience transition boiling if the limit is
not violated. The new SLMCPRs preserve the
existing margin to transition boiling.
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Fmt 4703
Sfmt 4703
The MCPR safety limit is reevaluated for
each reload using NRC-approved
methodologies. The analyses for Peach
Bottom Atomic Power Station (PBAPS), Unit
3, Cycle 19 have concluded that a two
recirculation loop MCPR safety limit of
≥ 1.09, based on the application of Global
Nuclear Fuel’s NRC-approved MCPR safety
limit methodology, will ensure that this
acceptance criterion is met. For single
recirculation loop operation, a MCPR safety
limit of ≥ 1.12 also ensures that this
acceptance criterion is met. The MCPR
operating limits are presented and controlled
in accordance with the PBAPS, Unit 3 Core
Operating Limits Report (COLR).
The requested TS changes do not involve
any plant modifications or operational
changes that could affect system reliability or
performance or that could affect the
probability of operator error. The requested
changes do not affect any postulated accident
precursors, do not affect any accident
mitigating systems, and do not introduce any
new accident initiation mechanisms.
Therefore, the proposed TS changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The SLMCPR is a TS numerical value,
calculated to ensure that during normal
operation and during abnormal operational
transients, at least 99.9% of all fuel rods in
the core do not experience transition boiling
if the limit is not violated. The new
SLMCPRs are calculated using NRCapproved methodology discussed in NEDE–
24011–P–A, ‘‘General Electric Standard
Application for Reactor Fuel,’’ Revision 18.
The proposed changes do not involve any
new modes of operation, any changes to
setpoints, or any plant modifications. The
proposed revised MCPR safety limits have
been shown to be acceptable for Cycle 19
operation. The core operating limits will
continue to be developed using NRCapproved methods. The proposed MCPR
safety limits or methods for establishing the
core operating limits do not result in the
creation of any new precursors to an
accident.
Therefore, this 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.
There is no significant reduction in the
margin of safety previously approved by the
NRC as a result of the proposed change to the
SLMCPRs. The new SLMCPRs are calculated
using methodology discussed in NEDE–
24011–P–A, ‘‘General Electric Standard
Application for Reactor Fuel,’’ Revision 18.
The SLMCPRs ensure that during normal
operation and during abnormal operational
transients, at least 99.9% of all fuel rods in
the core do not experience transition boiling
if the limit is not violated, thereby preserving
the fuel cladding integrity.
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Therefore, the proposed TS changes do not
involve a significant reduction in the margin
of safety previously approved by the NRC.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
by September 21, 2011 will be
considered in making any final
determination. You may submit
comments using any of the methods
discussed under the ADDRESSES caption.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
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II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, petitions to intervene,
requirements for standing, and
contentions.’’ Interested persons should
consult 10 CFR part 2, Section 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at 800–397–4209 or 301–
415–4737). NRC regulations are
accessible electronically from the NRC
Library on the NRC Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
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III. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. As required by
10 CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
requestor/petitioner in the proceeding
and how that interest may be affected by
the results of the proceeding. The
petition must provide the name,
address, and telephone number of the
requestor or petitioner and specifically
explain the reasons why the
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the requestor’s/
petitioner’s right under the Act to be
made a party to the proceeding; (2) the
nature and extent of the requestor’s/
petitioner’s property, financial, or other
interest in the proceeding; and (3) the
possible effect of any decision or order
which may be entered in the proceeding
on the requestor’s/petitioner’s interest.
The petition must also identify the
specific contentions which the
requestor/petitioner seeks to have
litigated at the proceeding.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the requestor/petitioner
must provide a specific statement of the
issue of law or fact to be raised or
controverted, as well as a brief
explanation of the basis for the
contention. Additionally, the requestor/
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must include a
concise statement of the alleged facts or
expert opinions which support the
position of the requestor/petitioner and
on which the requestor/petitioner
intends to rely at hearing, together with
references to the specific sources and
documents on which the requestor/
petitioner intends to rely. Finally, the
petition must provide sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact, including
references to specific portions of the
application for amendment that the
requestor/petitioner disputes and the
supporting reasons for each dispute, or,
if the requestor/petitioner believes that
the application for amendment fails to
contain information on a relevant matter
as required by law, the identification of
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52359
each failure and the supporting reasons
for the requestor’s/petitioner’s belief.
Each contention must be one which, if
proven, would entitle the requestor/
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
(the Licensing Board) will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a Presiding Officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally-recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by
October 21, 2011. The petition must be
filed in accordance with the filing
instructions in section IV of this
document, and should meet the
requirements for petitions for leave to
intervene set forth in this section,
except that State and Federallyrecognized Indian Tribes do not need to
address the standing requirements in 10
CFR 2.309(d)(1) if the facility is located
within its boundaries. The entities listed
above could also seek to participate in
a hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
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imposed by the Licensing Board.
Persons desiring to make a limited
appearance are requested to inform the
Secretary of the Commission by October
21, 2011.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to request (1) A digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
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
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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
agency’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
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
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/
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petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First-class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
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
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from
August 22, 2011. Non-timely filings will
not be entertained absent a
determination by the presiding officer
that the petition or request should be
granted or the contentions should be
admitted, based on a balancing of the
factors specified in 10 CFR
2.309(c)(1)(i)–(viii).
Attorney for licensee: Mr. J. Bradley
Fewell, Associate General Counsel,
Exelon Generation Company LLC, 4300
Winfield Road, Warrenville, IL 60555.
jlentini on DSK4TPTVN1PROD with NOTICES
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The e-mail address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
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,’’
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17:16 Aug 19, 2011
Jkt 223001
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1);
(3) The identity of the individual or
entity requesting access to SUNSI and
the requestor’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention;
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
52361
contentions (as established in the notice
of hearing or opportunity for hearing),
the petitioner may file its SUNSI
contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either after
a determination on standing and need
for access, or after a determination on
trustworthiness and reliability, the NRC
staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\22AUN1.SGM
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52362
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
It is so ordered.
Dated at Rockville, Maryland this 16th day
of August 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 in this Proceeding
Day
Event/activity
0 ......................................................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI)
with information: supporting the standing of a potential party identified by name and address; describing
the need for the information in order for the potential party to participate meaningfully in an adjudicatory
proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions
whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the
request for access provides a reasonable basis to believe standing can be established and shows need
for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for
SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or
review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest
independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective
order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision
issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if
more than 25 days remain between the petitioner’s receipt of (or access to) the information and the
deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ....................................................
60 ....................................................
20 ....................................................
25 ....................................................
30 ....................................................
40 ....................................................
A ......................................................
A + 3 ...............................................
A + 28 .............................................
A + 53 .............................................
A + 60 .............................................
>A + 60 ...........................................
[FR Doc. 2011–21346 Filed 8–19–11; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Revision of an
Existing Information Collection,
USAJOBS
U.S. Office of Personnel
Management.
ACTION: 30-Day Notice and request for
comments.
jlentini on DSK4TPTVN1PROD with NOTICES
AGENCY:
The U.S. Office of Personnel
Management (OPM) offers the general
public and other Federal agencies the
opportunity to comment on a revised
information collection request (ICR)
3206–0219, USAJOBS. As required by
SUMMARY:
VerDate Mar<15>2010
18:50 Aug 19, 2011
Jkt 223001
the Paperwork Reduction Act of 1995,
(Pub. L. 104–13, 44 U.S.C. chapter 35)
as amended by the Clinger-Cohen Act
(Pub. L. 104–106), the Office of
Management and Budget (OMB) is
soliciting comments for this collection.
The information collection was
previously published in the Federal
Register on June 22, 2011 at Volume 76
FR No. 120 allowing for a 60-day public
comment period. No comments were
received for this information collection.
The purpose of this notice is to allow an
additional 30 days for public comments.
OMB is particularly interested in
comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
DATES: Comments are encouraged and
will be accepted until September 21,
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52357-52362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21346]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-278; NRC-2011-0178]
Exelon Generation Company, LLC; PSEG Nuclear, LLC; Peach Bottom
Atomic Power Station, Unit 3; Notice of Consideration of Issuance of
Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing and
Order Imposing Procedures for Document Access to Sensitive Unclassified
Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
-----------------------------------------------------------------------
DATES: Submit comments by September 21, 2011. A request for a hearing
must be filed by October 21, 2011. Any potential party as defined in
Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who believes
access to Sensitive Unclassified Non-Safeguards Information and/or
Safeguards Information is necessary to respond to this notice must
request document access by September 1, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0178 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site, https://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in
[[Page 52358]]
their comments that they do not want publicly disclosed. You may submit
comments by any one of the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0178. Address questions about NRC dockets to Carol Gallagher,
telephone: 301-492-3668; e-mail: Carol.Gallagher@nrc.gov.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
The application for amendment, dated June 8, 2011, contains proprietary
information and, accordingly, those portions are being withheld from
public disclosure. A redacted version of the application for amendment,
dated June 8, 2011, is available electronically under ADAMS Accession
Number ML111600180.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0178.
FOR FURTHER INFORMATION CONTACT: John D. Hughey, Project Manager, Plant
Licensing Branch 1-2, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-3204; fax number: 301-415-
2102; e-mail: John.Hughey@nrc.gov.
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-56, issued to Exelon Generation Company, LLC, and PSEG Nuclear,
LLC, (licensee) for operation of the Peach Bottom Atomic Power Station
(PBAPS), Unit 3, located in York and Lancaster Counties, Pennsylvania.
The proposed amendment would revise the PBAPS, Unit 3, Technical
Specification Section 2.1.1 to revise Safety Limit Minimum Critical
Power Ratio (SLMCPR) values. The SLMCPR is established to assure that
at least 99.9% of the fuel rods in the core do not experience boiling
transition during normal operation and abnormal operating transients.
The amendment application is dated June 8, 2011 (ADAMS Accession No.
ML111600180).
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR Section 50.92, this means that
operation of the facility in accordance with the proposed amendment
would not (1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or (2) create the
possibility of a new or different kind of accident from any accident
previously evaluated; or (3) involve a significant reduction in a
margin of safety. As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The derivation of the cycle specific Safety Limit Minimum
Critical Power Ratios (SLMCPRs) for incorporation into the Technical
Specifications (TS), and their use to determine cycle specific
thermal limits, has been performed using the methodology discussed
in NEDE-2401 1-P-A, ``General Electric Standard Application for
Reactor Fuel,'' Revision 18.
The basis of the SLMCPR calculation is to ensure that during
normal operation and during abnormal operational transients, at
least 99.9% of all fuel rods in the core do not experience
transition boiling if the limit is not violated. The new SLMCPRs
preserve the existing margin to transition boiling.
The MCPR safety limit is reevaluated for each reload using NRC-
approved methodologies. The analyses for Peach Bottom Atomic Power
Station (PBAPS), Unit 3, Cycle 19 have concluded that a two
recirculation loop MCPR safety limit of = 1.09, based on
the application of Global Nuclear Fuel's NRC-approved MCPR safety
limit methodology, will ensure that this acceptance criterion is
met. For single recirculation loop operation, a MCPR safety limit of
= 1.12 also ensures that this acceptance criterion is
met. The MCPR operating limits are presented and controlled in
accordance with the PBAPS, Unit 3 Core Operating Limits Report
(COLR).
The requested TS changes do not involve any plant modifications
or operational changes that could affect system reliability or
performance or that could affect the probability of operator error.
The requested changes do not affect any postulated accident
precursors, do not affect any accident mitigating systems, and do
not introduce any new accident initiation mechanisms.
Therefore, the proposed TS changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The SLMCPR is a TS numerical value, calculated to ensure that
during normal operation and during abnormal operational transients,
at least 99.9% of all fuel rods in the core do not experience
transition boiling if the limit is not violated. The new SLMCPRs are
calculated using NRC-approved methodology discussed in NEDE-24011-P-
A, ``General Electric Standard Application for Reactor Fuel,''
Revision 18. The proposed changes do not involve any new modes of
operation, any changes to setpoints, or any plant modifications. The
proposed revised MCPR safety limits have been shown to be acceptable
for Cycle 19 operation. The core operating limits will continue to
be developed using NRC-approved methods. The proposed MCPR safety
limits or methods for establishing the core operating limits do not
result in the creation of any new precursors to an accident.
Therefore, this 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.
There is no significant reduction in the margin of safety
previously approved by the NRC as a result of the proposed change to
the SLMCPRs. The new SLMCPRs are calculated using methodology
discussed in NEDE-24011-P-A, ``General Electric Standard Application
for Reactor Fuel,'' Revision 18. The SLMCPRs ensure that during
normal operation and during abnormal operational transients, at
least 99.9% of all fuel rods in the core do not experience
transition boiling if the limit is not violated, thereby preserving
the fuel cladding integrity.
[[Page 52359]]
Therefore, the proposed TS changes do not involve a significant
reduction in the margin of safety previously approved by the NRC.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received by September 21, 2011 will be
considered in making any final determination. You may submit comments
using any of the methods discussed under the ADDRESSES caption.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR part 2, Section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at 800-397-4209 or 301-415-4737). NRC regulations are accessible
electronically from the NRC Library on the NRC Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/petitioner in the proceeding and how that
interest may be affected by the results of the proceeding. The petition
must provide the name, address, and telephone number of the requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The petition must also identify the specific contentions
which the requestor/petitioner seeks to have litigated at the
proceeding.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board (the Licensing Board) will set the time and
place for any prehearing conferences and evidentiary hearings, and the
appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
October 21, 2011. The petition must be filed in accordance with the
filing instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be
[[Page 52360]]
imposed by the Licensing Board. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
October 21, 2011.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1)
A digital ID certificate, which allows the participant (or its counsel
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on 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 agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First-class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://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
[[Page 52361]]
adjudicatory filings and would constitute a Fair Use application,
participants are requested not to include copyrighted materials in
their submission.
Petitions for leave to intervene must be filed no later than 60
days from August 22, 2011. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
Attorney for licensee: Mr. J. Bradley Fewell, Associate General
Counsel, Exelon Generation Company LLC, 4300 Winfield Road,
Warrenville, IL 60555.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
[[Page 52362]]
It is so ordered.
Dated at Rockville, Maryland this 16th day of August 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 in this Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0................................. Publication of Federal Register
notice of hearing and opportunity
to petition for leave to intervene,
including order with instructions
for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
with information: supporting the
standing of a potential party
identified by name and address;
describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60................................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI (+25
Answers to petition for
intervention; +7 requestor/
petitioner reply).
20................................ Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the
request for access provides a
reasonable basis to believe
standing can be established and
shows need for SUNSI. (NRC staff
also informs any party to the
proceeding whose interest
independent of the proceeding would
be harmed by the release of the
information.) If NRC staff makes
the finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing
(preparation of redactions or
review of redacted documents).
25................................ If NRC staff finds no ``need'' or no
likelihood of standing, the
deadline for requestor/petitioner
to file a motion seeking a ruling
to reverse the NRC staff's denial
of access; NRC staff files copy of
access determination with the
presiding officer (or Chief
Administrative Judge or other
designated officer, as
appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Affidavit.
Deadline for applicant/licensee to
file Non-Disclosure Agreement for
SUNSI.
A................................. If access granted: Issuance of
presiding officer or other
designated officer decision on
motion for protective order for
access to sensitive information
(including schedule for providing
access and submission of
contentions) or decision reversing
a final adverse determination by
the NRC staff.
A + 3............................. Deadline for filing executed Non-
Disclosure Affidavits. Access
provided to SUNSI consistent with
decision issuing the protective
order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
hearing or opportunity for
hearing), the petitioner may file
its SUNSI contentions by that later
deadline.
A + 53............................ (Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI.
A + 60............................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60........................... Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. 2011-21346 Filed 8-19-11; 8:45 am]
BILLING CODE 7590-01-P
