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, 39521-39528 [2012-16269]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39521-39528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16269]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0142]


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 August 2, 2012. A request for a 
hearing or leave to intervene must be filed by September 4, 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 July 13, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publicly available, 
by searching on https://www.regulations.gov under Docket ID NRC-2012-
0142. You may submit comments by the following methods:
     Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0142. 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

[[Page 39522]]

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-2012-0142 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-2012-0142.
     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. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     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-2012-0142 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 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 
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'' 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 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

[[Page 39523]]

the requestor or petitioner; (2) the nature of the requestor's/
petitioner's right under the Act to be made a party to the proceeding; 
(3) the nature and extent of the requestor's/petitioner's property, 
financial, or other interest in the proceeding; and (4) the possible 
effect of any decision or order which may be entered in the proceeding 
on the requestor's/petitioner's interest. The petition must also set 
forth the specific contentions which the requestor/petitioner seeks to 
have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment.
    All documents filed in the 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.
    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 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 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

[[Page 39524]]

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. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to 
pdr.resource@nrc.gov.

Carolina Power & Light Company, Docket Nos. 50-325 and 50-324, 
Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County, North 
Carolina

    Date of amendment request: March 6, 2012. A publicly available 
version is available in ADAMS under Accession No. ML12076A062.
    Description of amendment request: This license amendment request 
contains Sensitive Unclassified Non-Safeguards Information (SUNSI). The 
proposed license amendments would (1) revise Brunswick Steam and 
Electric Plant, Units 1 and 2 Technical Specification (TS) 5.6.5.b by 
replacing AREVA Topical Report ANF-524(P)(A), ANF Critical Power 
Methodology for Boiling Water Reactors with AREVA Topical Report ANP-
10307PA, Revision 0, ``AREVA MCPR Safety Limit Methodology for Boiling 
Water Reactors,'' in the list of analytical methods that have been 
reviewed and approved by the NRC for determining core operating limits, 
(2) revise TS 2.1.1, ``Reactor Core SLs,'' by incorporating revised 
Safety Limit Minimum Critical Power Ratio (SLMCPR) values, and (3) 
revise the license condition in Appendix B, ``Additional Conditions,'' 
of the facility operating licenses regarding an alternate method for 
evaluating SLMCPR values.
    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.
    The probability of an evaluated accident is derived from the 
probabilities of the individual precursors to that accident. The 
proposed license amendments 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. 
As such, the proposed changes do not affect any postulated accident 
precursors. Since no individual precursors of an accident are 
affected, the proposed license amendments do not involve a 
significant increase in the probability of a previously analyzed 
event.
    The consequences of an evaluated accident are determined by the 
operability of plant systems designed to mitigate those 
consequences. The basis for the SLMCPR calculation is to ensure that 
during normal operation and during anticipated operational 
occurrences, at least 99.9 percent of all fuel rods in the core do 
not experience transition boiling if the safety limit is not 
exceeded.
    The proposed SLMCPR values have been determined using NRC-
approved methods discussed in AREVA Topical Report ANP-10307PA, 
Revision 0, AREVA MCPR Safety Limit Methodology for Boiling Water 
Reactors, June 2011. To support use of Topical Report ANP-10307PA, 
Revision 0, by BSEP, Units 1 and 2, this NRC-approved analytical 
method is being added to the list of NRC-approved analytical methods 
identified in Technical Specification 5.6.5.b. Replacing AREVA 
Topical Report ANF-524(P)(A), ANF Critical Power Methodology for 
Boiling Water Reactors with the analytical methods described in 
Topical Report ANP-10307PA in Technical Specification 5.6.5.b does 
not alter the assumptions of accident analyses. Furthermore, 
establishing a two recirculation loop SLMCPR value of > 1.08 and a 
single recirculation loop SLMCPR value of > 1.11 ensures that the 
acceptance criteria continues to be met (i.e., at least 99.9 percent 
of all fuel rods in the core do not experience transition boiling), 
while the revised license condition ensures that SLMCPR, setpoint, 
and core operating limit values determined using the NRC-approved 
AREVA methodologies remain applicable and the core operating limits 
include margin sufficient to bound the effects of the K-factor 
calculation issue described in AREVA Operability Assessment CR 2011-
2274, Revision 1.
    Based on these considerations, the proposed changes do not 
involve a significant increase in the consequences of a previously 
analyzed accident.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    Creation of the possibility of a new or different kind of 
accident requires creating one or more new accident precursors. New 
accident precursors may be created by modifications of plant 
configuration, including changes in allowable modes of operation. 
The SLMCPR is a TS numerical value calculated for two recirculation 
loop operation and single recirculation loop operation to ensure at 
least 99.9 percent of all fuel rods in the core do not experience 
transition boiling if the safety limit is not exceeded. SLMCPR 
values are calculated using NRC-approved methodology identified in 
the TS. The proposed SLMCPR values and the AREVA methodology being 
added to TS do not involve any new modes of plant operation or any 
plant modifications and do not directly or indirectly affect the 
failure modes of any plant systems or components.
    Therefore, the proposed changes do not create the possibility of 
a new or different

[[Page 39525]]

kind of accident from any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The SLMCPR provides a margin of safety by ensuring that at least 
99.9 percent of the fuel rods do not experience transition boiling 
during normal operation and anticipated operational occurrences if 
the MCPR Safety Limit is not exceeded.
    Replacing the analytical methodology described in Topical Report 
ANF-524(P)(A) with the methodology described in Topical Report ANP-
10307PA in the list of NRC-approved analytical methods identified in 
Technical Specification 5.6.5.b, revision of the SLMCPR values in 
Technical Specification 2.1.1.2 using NRC-approved methodology, and 
confirmation that the SLMCPR, setpoint, and core operating limit 
values remain applicable and the core operating limits include 
margin sufficient to bound the effects of the K-factor calculation 
issue described in AREVA Operability Assessment CR 2011-2274, 
Revision 1, will ensure that the current level of fuel protection is 
maintained by continuing to ensure that the fuel design safety 
criterion is met (i.e., that no more than 0.1 percent of the rods 
are expected to be in boiling transition if the MCPR Safety Limit is 
not exceeded).
    Meeting the fuel design criterion that at least 99.9 percent of 
all fuel rods in the core do not experience transition boiling and 
establishing core operating limits based on the proposed SLMCPR 
values, to ensure that the SLMCPR is not exceeded, ensures the 
margin of safety required by the fuel design criterion is 
maintained.
    Therefore, the proposed amendments do not result in a 
significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration. 
Attorney for licensee: David T. Conley, Senior Counsel--Legal 
Department, Progress Energy Service Company, LLC, Post Office Box 1551, 
Raleigh, NC 27602. NRC Branch Chief: Douglas A. Broaddus.

Exelon Generation Company, LLC, and PSEG Nuclear LLC, Docket Nos. 50-
277 and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York 
and Lancaster Counties, Pennsylvania

    Date of application for amendments: April 27, 2012. A publicly 
available version is available in ADAMS under Accession No. 
ML121230354.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would: (1) Adopt a new methodology for preparation of the 
reactor coolant system pressure-temperature (P-T) limits; (2) relocate 
the P-T limits in the technical specifications (TS) to a new licensee-
controlled document, the Pressure and Temperature Limits Report (PTLR); 
and (3) modify the TSs to add references to the PTLR. Peach Bottom 
Atomic Power Station (PBAPS), Units 2 and 3, are currently licensed to 
P-T limits that are applicable up to 32 effective full-power years 
(EFPY). The PTLR would include P-T limits applicable to both 32 EFPY 
and 54 EFPY.
    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 with the NRC staff's edits in 
square brackets:

    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes modify the TS by replacing references to 
existing reactor vessel heatup and cooldown rate limits and P-T 
limit curves with references to the PTLR. The proposed amendment 
also adopts the [NRC-approved] methodology of the GE Hitachi Nuclear 
Energy Licensing Topical Report NEDC-33178P-A, Revision 1, for the 
preparation of the PBAPS, Units 2 and 3 P-T limit curves. In 10 CFR 
[Part] 50, Appendix G, requirements are established to protect the 
integrity of the Reactor Coolant Pressure Boundary in nuclear power 
plants. Implementing the [NRC-approved] methodology for calculating 
P-T limit curves and relocating those curves to the PTLR provide an 
equivalent level of assurance that Reactor Coolant Pressure Boundary 
integrity will be maintained, as specified in 10 CFR [Part] 50, 
Appendix G.
    The proposed changes do not adversely affect accident initiators 
or precursors, and do not alter the design assumptions, conditions, 
or configuration of the plant or the manner in which the plant is 
operated and maintained. The ability of structures, systems, and 
components to perform their intended safety functions is not altered 
or prevented by the proposed changes, and the assumptions used in 
determining the radiological consequences of previously evaluated 
accidents are not affected.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The change in methodology for calculating P-T limits and the 
relocation of those limits to the PTLR do not alter or involve any 
design basis accident initiators. Reactor Coolant Pressure Boundary 
integrity will continue to be maintained in accordance with 10 CFR 
[Part] 50, Appendix G, and the assumed accident performance of plant 
structures, systems and components will not be affected. These 
changes do not involve any physical alteration of the plant (i.e., 
no new or different type of equipment will be installed), and 
installed equipment is not being operated in a new or different 
manner. Thus, no new failure modes are introduced.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes do not affect the function of the Reactor 
Coolant Pressure Boundary or its response during plant transients. 
By calculating the P-T limits using [an NRC-approved] methodology, 
adequate margins of safety relating to Reactor Coolant Pressure 
Boundary integrity are maintained. The proposed changes do not alter 
the manner in which safety limits, limiting safety system settings, 
or limiting conditions for operation are determined. There are no 
changes to setpoints at which protective actions are initiated, and 
the operability requirements for equipment assumed to operate for 
accident mitigation are not affected.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, and with the changes noted above in square brackets, it 
appears that the three standards of 10 CFR 50.92(c) are satisfied. 
Therefore, the NRC staff proposes to determine that the amendment 
request involves no significant hazards consideration.
    Attorney for Licensee: Mr. J. Bradley Fewell, Assistant General 
Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Kennett 
Square, PA 19348.
    NRC Branch Chief: Meena K. Khanna.

Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek 
Generating Station, Coffey County, Kansas

    Date of amendment request: March 29, 2012. A publicly available 
version is available in ADAMS under Accession No. ML12102A080.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise the Wolf Creek Generating Station's (WCGS's) 
Technical Specification (TS) 5.5.9, ``Steam Generator (SG) Program,'' 
to exclude portions of the tube below the top of the steam generator 
tubesheet from periodic steam generator tube inspections. In addition, 
the proposed amendment would revise TS 5.6.10,

[[Page 39526]]

``Steam Generator Tube Inspection Report,'' to remove reference to 
previous interim alternate repair criteria and provide reporting 
requirements specific to the permanent alternate repair criteria.
    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.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The proposed change 
that alters the steam generator inspection criteria does not have a 
detrimental impact on the integrity of any plant structure, system, 
or component that initiates an analyzed event. The proposed change 
will not alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the steam 
generator tube inspection and repair criteria are the steam 
generator tube rupture (SGTR) event, the steam line break (SLB), and 
the feed line break (FLB) postulated accidents.
    Addressing the SGTR event, the required structural integrity 
margins of the steam generator tubes and the tube-to-tubesheet joint 
over the H* distance will be maintained. Tube rupture in tubes with 
cracks within the tubesheet is precluded by the presence of the 
tubesheet and constraint provided by the tube-to-tubesheet joint. 
Tube burst cannot occur within the thickness of the tubesheet. The 
tube-to-tubesheet joint constraint results from the hydraulic 
expansion process, thermal expansion mismatch between the tube and 
tubesheet, from the differential pressure between the primary and 
secondary side, and tubesheet deflection. The structural margins 
against burst, as discussed in Regulatory Guide (RG) 1.121, ``Bases 
for Plugging Degraded PWR [Pressurized-Water Reactor] Steam 
Generator Tubes,'' and TS 5.5.9 are maintained for both normal and 
postulated accident conditions.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural and leakage integrity of the 
steam generator tubes consistent with the performance criteria in TS 
5.5.9. Therefore, the proposed change results in no significant 
increase in the probability of the occurrence of a SGTR accident.
    At normal operating pressures, leakage from tube degradation 
below the proposed limited inspection depth is limited by the tube-
to-tubesheet joint. Consequently, negligible normal operating 
leakage is expected from degradation below the inspected depth 
within the tubesheet region. The consequences of an SGTR event are 
not affected by the primary to secondary leakage flow during the 
event as primary to secondary leakage flow through a postulated tube 
that has been pulled out of the tubesheet is essentially equivalent 
to a severed tube. Therefore, the proposed changes do not result in 
a significant increase in the consequences of a SGTR.
    The consequences of a SLB or FLB are also not significantly 
affected by the proposed changes. The leakage analysis shows that 
the primary-to-secondary leakage during a SLB/FLB event would be 
less than or equal to that assumed in the Updated Safety Analysis 
Report.
    Primary-to-secondary leakage from tube degradation in the 
tubesheet area during the limiting accident (i.e., SLB/FLB) is 
limited by flow restrictions. These restrictions result from the 
crack and tube-to-tubesheet contact pressures that provide a 
restricted leakage path above the indications and also limit the 
degree of potential crack face opening as compared to free span 
indications.
    The leakage factor of 2.50 for WCGS, for a postulated SLB/FLB, 
has been calculated as shown in References 10, 15, and 19 [of the 
license amendment request dated March 29, 2012]. Specifically, for 
the condition monitoring (CM) assessment, the component of leakage 
from the prior cycle from below the H* distance will be multiplied 
by a factor of 2.50 and added to the total leakage from any other 
source and compared to the allowable accident induced leakage limit. 
For the operational assessment (OA), the difference in the leakage 
between the allowable leakage and the accident induced leakage from 
sources other than the tubesheet expansion region will be divided by 
2.50 and compared to the observed operational leakage.
    The probability of a SLB/FLB is unaffected by the potential 
failure of a steam generator tube as the failure of the tube is not 
an initiator for a SLB/FLB event. SLB/FLB leakage is limited by 
leakage flow restrictions resulting from the leakage path above 
potential cracks through the tube-to-tubesheet crevice. The leak 
rate during all postulated accident conditions that model primary-
to-secondary leakage (including locked rotor and control rod 
ejection) has been shown to remain within the accident analysis 
assumptions for all axial and or circumferentially orientated cracks 
occurring 15.21 inches below the top of the tubesheet. The accident 
induced leak rate limit for WCGS is 1.0 gpm [gallon per minute]. The 
TS 3.4.13, ``RCS [Reactor Coolant System] Operational LEAKAGE,'' 
operational leak rate limit is 150 gpd [gallons per day] (0.1 gpm) 
through any one steam generator. Consequently, accident leakage is 
approximately 10 times the allowable leakage, if only one steam 
generator is leaking. Using the limiting SLB/FLB overall leakage 
factor of 2.50, accident induced leakage is less than 0.6 gpm, if 
all 4 steam generators are leaking at 150 gpd at the beginning of 
the accident. Therefore, significant margin exists between the 
conservatively estimated accident induced leakage and the allowable 
accident leakage (1.0 gpm).
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change alters the steam generator inspection and 
reporting criteria. It does not introduce any new equipment, create 
new failure modes for existing equipment, or create any new limiting 
single failures. Plant operation will not be altered, and safety 
functions will continue to perform as previously assumed in accident 
analyses.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the change involve a significant reduction in a margin 
of safety?
    Response: No.
    The proposed change alters the steam generator inspection and 
reporting criteria. It maintains the required structural margins of 
the steam generator tubes for both normal and accident conditions. 
NEI [Nuclear Energy Institute] 97-06, and RG 1.121, are used as the 
bases in the development of the limited tubesheet inspection depth 
methodology for determining that steam generator tube integrity 
considerations are maintained within acceptable limits. RG 1.121 
describes a method acceptable to the NRC [U.S. Nuclear Regulatory 
Commission] for meeting GDC [General Design Criterion] 14, ``Reactor 
Coolant Pressure Boundary,'' GDC 15, ``Reactor Coolant System 
Design,'' GDC 31, ``Fracture Prevention of Reactor Coolant Pressure 
Boundary,'' and GDC 32, ``Inspection of Reactor Coolant Pressure 
Boundary,'' by reducing the probability and consequences of a SGTR. 
RG 1.121 concludes that by determining the limiting safe conditions 
for tube wall degradation, the probability and consequences of a 
SGTR are reduced. This RG uses safety factors on loads for tube 
burst that are consistent with the requirements of Section III of 
the American Society of Mechanical Engineers (ASME) [Boiler and 
Pressure Vessel] Code.
    For axially-oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially-oriented cracking, the H* Analysis documented in 
Section 3 [of the license amendment request dated March 29, 2012], 
defines a length of degradation-free expanded tubing that provides 
the necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary to secondary leakage during all plant 
conditions. The methodology for determining leakage provides for 
large margins between calculated and actual leakage values in the 
proposed limited tubesheet inspection depth criteria.
    Therefore, the proposed change does not involve a significant 
reduction in any margin of safety.


[[Page 39527]]


    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: Jay Silberg, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
    NRC Branch Chief: Michael T. Markley.

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

Carolina Power & Light Company, Docket Nos. 50-325 and 50-324, 
Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County, North 
Carolina

Exelon Generation Company, LLC, and PSEG Nuclear LLC, Docket Nos. 50-
277 and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York 
and Lancaster Counties, Pennsylvania

Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek 
Generating Station, Coffey County, Kansas

    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

[[Page 39528]]

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 27th day of June 2012.

    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. 2012-16269 Filed 7-2-12; 8:45 am]
BILLING CODE 7590-01-P