Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 21595-21601 [2012-8464]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21595-21601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8464]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0082]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing and petition for leave to intervene, order.

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DATES: Comments must be filed by May 10, 2012. A request for a hearing 
or leave to intervene must be filed by June 11, 2012. 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 (SUNSI) is necessary to respond to this notice must request 
document access by April 20, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly available, by 
searching on https://www.regulations.gov under Docket ID NRC-2012-0082.
    You may submit comments by the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0082. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: 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.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0082 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and is publicly available, by the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0082.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0082 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into 
ADAMS, and the NRC does not edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC will not edit comment submissions to remove such 
information before making the comment submissions available to the 
public or entering the comment submissions into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC staff) is publishing this notice. The Act requires 
the Commission 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 or combined 
license, as applicable, 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 SUNSI.

Notice of Consideration of Issuance of Amendments to Facility Operating 
Licenses and Combined 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 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

[[Page 21596]]

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.
    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 or 
combined 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 and Issuance of Orders'' in 
10 CFR Part 2. Interested person(s) should consult a current copy of 10 
CFR 2.309, which is available at the NRC's PDR, located at One White 
Flint North, Room O1-F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing 
or petition for leave to intervene is filed within 60 days, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be issued 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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email 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.

[[Page 21597]]

    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 the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
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 the NRC guidance 
available on the NRC's 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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's Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by email 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 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 NRC's PDR, located at One White Flint North, Room O1-F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852.

Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric 
Station, Unit 3, St. Charles Parish, Louisiana

    Date of amendment request: November 17, 2011, as supplemented by 
letter dated January 26, 2012.
    Description of amendment request: This license amendment request 
(LAR) contains Sensitive Unclassified Non-Safeguards Information 
(SUNSI). The LAR requests NRC review and approval for adoption of a new 
risk-informed, performance-based (RI-PB) fire protection licensing 
basis for Waterford Steam Electric Station, Unit 3. The request is 
submitted in accordance with the requirements in 10 CFR 50.48(a) and 
(c), and the guidance in NRC Regulatory Guide (RG) 1.205, ``Risk-
Informed Performance-Based Fire Protection for Existing Light-Water 
Nuclear Power Plants,'' National Fire Protection Association (NFPA) 
805, ``Performance-Based Standard for Fire Protection for Light Water 
Reactor Electric Generating Plants (2001),'' and Nuclear Energy 
Institute (NEI) 04-02, ``Guidance for Implementing a Risk-Informed, 
Performance-Based Fire Protection Program under 10 CFR 50.48(c).''
    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:

Criterion 1: The Proposed Change Does Not Involve a Significant 
Increase in the Probability or Consequences of an Accident Previously 
Evaluated

    Operation of the Waterford Steam Electric Station, Unit 3 
(Waterford 3) in accordance with the proposed amendment does not 
result in a significant increase in the probability or consequences 
of accidents previously evaluated. The proposed amendment does not 
affect accident initiators

[[Page 21598]]

or precursors as described in the Waterford 3 Updated Final Safety 
Analysis Report (UFSAR), nor does it adversely alter design 
assumptions, conditions, or configurations of the facility, and it 
does not adversely impact the ability of structures, systems, or 
components (SSCs) to perform their intended function to mitigate the 
consequences of an initiating event within the assumed acceptance 
limits. The proposed changes do not affect the way in which safety-
related systems perform their functions as required by the accident 
analysis. The SSCs required to safely shut down the reactor and to 
maintain it in a safe shutdown condition will remain capable of 
performing their design functions.
    The purpose of this amendment is to permit Waterford 3 to adopt 
a new risk-informed, performance-based fire protection licensing 
basis that complies with the requirements in 10 CFR 50.48(a) and 10 
CFR 50.48(c), as well as the guidance contained in Regulatory Guide 
(RG) 1.205. The NRC considers that NFPA 805 provides an acceptable 
methodology and performance criteria for licensees to identify fire 
protection requirements that are an acceptable alternative to the 10 
CFR Part 50, Appendix R, fire protection features (69 FR 33536; June 
16, 2004). Engineering analyses, which may include engineering 
evaluations, probabilistic risk assessments, and fire modeling 
calculations, have been performed to demonstrate that the 
performance-based requirements of NFPA 805 have been met.
    NFPA 805, taken as a whole, provides an acceptable alternative 
for satisfying General Design Criterion 3 (GDC 3) of Appendix A to 
10 CFR Part 50, meets the underlying intent of the NRC's existing 
fire protection regulations and guidance, and achieves defense-in-
depth along with the goals, performance objectives, and performance 
criteria specified in NFPA 805, Chapter 1. In addition, if there are 
any increases in core damage frequency (CDF) or risk as a result of 
the transition to NFPA 805, the increase will be small, governed by 
the delta risk requirements of NFPA 805, and consistent with the 
intent of the Commission's Safety Goal Policy.
    Based on the above, the implementation of this amendment to 
transition the Fire Protection Plan (FPP) at Waterford 3 to one 
based on NFPA 805, in accordance with 10 CFR 50.48(c), does not 
result in a significant increase in the probability of any accident 
previously evaluated. In addition, all equipment required to 
mitigate an accident remains capable of performing the assumed 
function.
    Therefore, the consequences of any accident previously evaluated 
are not significantly increased with the implementation of this 
amendment.

Criterion 2: The Proposed Change Does Not Create the Possibility of a 
New or Different Kind of Accident from Any Accident Previously 
Evaluated

    Operation of Waterford 3 in accordance with the proposed 
amendment does not create the possibility of a new or different kind 
of accident from any accident previously evaluated. Any scenario or 
previously analyzed accident with offsite dose consequences was 
included in the evaluation of design basis accidents (DBA) 
documented in the UFSAR as a part of the transition to NFPA 805. The 
proposed amendment does not impact these accident analyses. The 
proposed change does not alter the requirements or functions for 
systems required during accident conditions, nor does it alter the 
required mitigation capability of the fire protection program, or 
its functioning during accident conditions as assumed in the 
licensing basis analyses and/or DBA radiological consequences 
evaluations.
    The proposed amendment does not adversely affect accident 
initiators nor alter design assumptions, or conditions of the 
facility. The proposed amendment does not adversely affect the 
ability of SSCs to perform their design function. SSCs required to 
maintain the unit in a safe and stable condition remain capable of 
performing their design functions.
    The purpose of the proposed amendment is to permit Waterford 3 
to adopt a new fire protection licensing basis which complies with 
the requirements in 10 CFR 50.48(a) and (c) and the guidance in 
Revision 1 of RG 1.205. As indicated in the Statements of 
Consideration, the NRC considers that NFPA 805 provides an 
acceptable methodology and performance criteria for licensees to 
identify fire protection systems and features that are an acceptable 
alternative to the 10 CFR Part 50 Appendix R fire protection 
features.
    The requirements in NFPA 805 address only fire protection and 
the impacts of fire effects on the plant have been evaluated. The 
proposed fire protection program changes do not involve new failure 
mechanisms or malfunctions that could initiate a new or different 
kind of accident beyond those already analyzed in the UFSAR. Based 
on this, as well as the discussion above, the implementation of this 
amendment to transition the FPP at Waterford 3 to one based on NFPA 
805, in accordance with 10 CFR 50.48(c), does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.

Criterion 3: The Proposed Change Does Not Involve a Significant 
Reduction in a Margin of Safety

    Operation of Waterford 3 in accordance with the proposed 
amendment does not involve a significant reduction in a margin of 
safety. The transition to a new risk-informed, performance-based 
fire protection licensing basis that complies with the requirements 
in 10 CFR 50.48(a) and 10 CFR 50.48(c) does not alter the manner in 
which safety limits, limiting safety system settings, or limiting 
conditions for operation are determined. The safety analysis 
acceptance criteria are not affected by this change. The proposed 
amendment does not adversely affect existing plant safety margins or 
the reliability of equipment assumed in the UFSAR to mitigate 
accidents. The proposed change does not adversely impact systems 
that respond to safely shut down the plant and maintain the plant in 
a safe shutdown condition. In addition, the proposed amendment will 
not result in plant operation in a configuration outside the design 
basis for an unacceptable period of time without implementation of 
appropriate compensatory measures.
    The purpose of the proposed amendment is to permit Waterford 3 
to adopt a new fire protection licensing basis which complies with 
the requirements in 10 CFR 50.48(a) and (c) and the guidance in 
Regulatory Guide 1.205. The NRC considers that NFPA 805 provides an 
acceptable methodology and performance criteria for licensees to 
identify fire protection systems and features that are an acceptable 
alternative to the 10 CFR Part 50 Appendix R required fire 
protection features (69 FR 33536; June 16, 2004).
    The risk evaluations for plant changes, in part as they relate 
to the potential for reducing a safety margin, were measured 
quantitatively for acceptability using the delta risk guidance 
contained in RG 1.205. Engineering analyses, which may include 
engineering evaluations, probabilistic safety assessments, and fire 
modeling calculations, have been performed to demonstrate that the 
performance-based methods of NFPA 805 do not result in a significant 
reduction in the margin of safety.
    As such, the proposed changes are evaluated to ensure that risk 
and safety margins are kept within acceptable limits. Based on the 
above, the implementation of this amendment to transition the FPP at 
Waterford 3 to one based on NFPA 805, in accordance with 10 CFR 
50.48(c), will not significantly reduce a 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: Joseph A. Aluise, Associate General 
Counsel--Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New 
Orleans, Louisiana 70113.
    NRC Branch Chief: Michael T. Markley.

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit 1, Washington County, Nebraska

    Date of amendment request: September 28, 2011, as supplemented by 
letters dated December 19 and 22, 2011.
    Description of amendment request: This amendment request contains 
Sensitive Unclassified Non-Safeguards Information (SUNSI). The proposed 
amendment would adopt National Fire Protection Association (NFPA) 805, 
``Performance-Based Standard for Fire Protection for Light Water 
Reactor Generating Plants'' (2001 Edition). Implementation of the 
regulatory actions presented in the attachments to the license 
amendment request will enable Fort Calhoun Station, Unit 1 (FCS), to 
adopt a new fire protection licensing basis which complies with the

[[Page 21599]]

requirements in 10 CFR 50.48(a), 10 CFR 50.48(c), and the guidance in 
NRC Regulatory Guide (RG) 1.205, Revision 1, ``Risk-Informed, 
Performance-Based Fire Protection for Existing Light-Water Nuclear 
Power Plants,'' December 2009, and Nuclear Energy Institute (NEI) 04-
02, ``Guidance for Implementing a Risk-Informed, Performance-Based Fire 
Protection Program under 10 CFR 50.48(c).''
    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 change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    Operation of FCS in accordance with the proposed amendment does 
not increase the probability or consequences of accidents previously 
evaluated. Engineering analyses, which may include engineering 
evaluations, probabilistic safety assessments, and fire modeling 
calculations, have been performed to demonstrate that the 
performance-based requirements of National Fire Protection 
Association (NFPA) 805 have been satisfied. The Updated Safety 
Analysis Report (USAR) documents the analyses of design basis 
accidents (DBA) at FCS. The proposed amendment does not adversely 
affect accident initiators nor alter design assumptions, conditions, 
or configurations of the facility and does not adversely affect the 
ability of structures, systems, or components (SSCs) to perform 
their design functions. SSCs required to safety shutdown the reactor 
and to maintain it in a safe shutdown condition will remain capable 
of performing their design functions.
    The purpose of the proposed amendment is to permit FCS to adopt 
a new fire protection licensing basis which complies with the 
requirements of 10 CFR 50.48(a) and (c) and the guidance in RG 
1.205, Revision 0. The Nuclear Regulatory Commission (NRC) considers 
that NFPA 805 provides an acceptable methodology and performance 
criteria for licensees to identify fire protection requirements that 
are an acceptable alternative to the 10 CFR Part 50 Appendix R 
required fire protection features (69 FR 33536; June 16, 2004). 
Engineering analyses, which may include engineering evaluations, 
probabilistic safety assessments, and fire modeling calculations, 
have been performed to demonstrate that the performance based 
requirements of NFPA 805 have been met.
    NFPA 805 taken as a whole, provides an acceptable alternative 
for satisfying General Design Criterion (GDC) 3 of 10 CFR Part 50, 
Appendix A. NFPA 805 meets the underlying intent of the NRC's 
existing fire protection regulations and guidance, and achieves 
defense-in-depth and the goals, performance objectives, and 
performance criteria specified in Chapter 1 of the standard. Under 
the standard, if there are any increases in core damage frequency 
(CDF) or risk, the increase will be small and consistent with the 
intent of the Commission's Safety Goal Policy.
    Based on this, the implementation of the proposed amendment does 
not increase the probability of any accident previously evaluated. 
Equipment required to mitigate an accident remains capable of 
performing the assumed function. The proposed amendment will not 
affect the source term, containment isolation, or radiological 
release assumptions used in evaluating the radiological consequences 
of any accident previously evaluated. The applicable radiological 
dose criteria will continue to be met.
    Therefore, the consequences of any accident previously evaluated 
are not increased with the implementation of the proposed amendment.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    Operation of FCS in accordance with the proposed amendment does 
not create the possibility of a new or different kind of accident 
from any accident previously evaluated. Any scenario or previously 
analyzed accident with off-site dose was included in the evaluation 
of DBAs documented in the USAR. The proposed change does not alter 
the requirements or function for systems required during accident 
conditions. Implementation of the new fire protection licensing 
basis which complies with the requirements of 10 CFR 50.48(a) and 
(c) and the guidance in RG 1.205, Revision 0, will not result in new 
or different accidents.
    The proposed amendment does not adversely affect accident 
initiators nor alter design assumptions, conditions, or 
configurations of the facility. The proposed amendment does not 
adversely affect the ability of SSCs to perform their design 
function. SSCs required to safely shutdown the reactor and maintain 
it in a safe shutdown condition remain capable of performing their 
design functions.
    The purpose of the proposed amendment is to permit FCS to adopt 
a new fire protection licensing basis which complies with the 
requirements of 10 CFR 50.48(a) and (c) and the guidance in RG 
1.205, Revision 0. The NRC considers that NFPA 805 provides an 
acceptable methodology and performance criteria for licensees to 
identify fire protection requirements that are an acceptable 
alternative to the 10 CFR Part 50, Appendix R required fire 
protection features (69 FR 33536; June 16, 2004). Engineering 
analyses, which may include engineering evaluations, probabilistic 
safety assessments, and fire modeling calculations, have been 
performed to demonstrate that the performance based requirements of 
NFPA 805 have been met.
    The requirements of NFPA 805 address only fire protection and 
the impacts of fire on the plant that have previously been 
evaluated. Based on this, the implementation of the proposed 
amendment does not create the possibility of a new or different kind 
of accident from any kind of accident previously evaluated. No new 
accident scenarios, transient precursors, failure mechanisms, or 
limiting single failures will be introduced as a result of this 
amendment. There will be no adverse effect or challenges imposed on 
any safety-related system as a result of this amendment.
    Therefore, the possibility of a new or different kind of 
accident from any kind of accident previously evaluated is not 
created with the implementation of this amendment.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Operation of FCS in accordance with the proposed amendment does 
not involve a significant reduction in the margin of safety. The 
risk evaluation of plant changes, as appropriate, were measured 
quantitatively for acceptability using the [Delta]CDF and 
[Delta]Large Early Release Fraction ([Delta]LERF) criteria from 
Section 5.3.5 of NEI 04-02 and RG 1.205. The proposed amendment does 
not alter the manner in which safety limits, limiting safety system 
settings, or limiting conditions for operation are determined. The 
safety analysis acceptance criteria are not affected by this change. 
The proposed amendment does not adversely affect existing plant 
safety margins or the reliability of equipment assumed to mitigate 
accidents in the USAR. This amendment does not adversely affect the 
ability of SSCs to perform their design function. SSCs required to 
safely [shut down] the reactor and to maintain it in a safe shutdown 
condition remain capable of performing their design functions.
    The purpose of the proposed amendment is to permit FCS to adopt 
a new fire protection licensing basis which complies with the 
requirements in 10 CFR 50.48(a) and (c) and the guidance in RG 
1.205, Revision 0. The NRC considers that NFPA 805 provides an 
acceptable methodology and performance criteria for licensees to 
identify fire protection requirements that are an acceptable 
alternative to the 10 CFR Part 50 Appendix R required fire 
protection features (69 FR 33536; June 16, 2004). Engineering 
analyses, which may include engineering evaluations, probabilistic 
safety assessments, and fire modeling calculations, have been 
performed to demonstrate that the performance based requirements of 
NFPA 805 have been met.

    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: David A. Repka, Esq., Winston & Strawn, 1700 
K Street, NW., Washington, DC 20006-3817.
    NRC Branch Chief: Michael T. Markley.

[[Page 21600]]

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric 
Station, Unit 3, St. Charles Parish, Louisiana

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit 1, Washington County, Nebraska

    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 email 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The 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 
after a determination on standing and need for access, 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.
    It is so ordered.

    Dated at Rockville, Maryland, this 3rd day of April, 2012.

    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.

[[Page 21601]]



   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. 2012-8464 Filed 4-9-12; 8:45 am]
BILLING CODE 7590-01-P