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, 61433-61443 [2012-24509]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61433-61443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24509]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2012-0225]


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.

-----------------------------------------------------------------------

DATES: Comments must be filed by November 8, 2012. A request for a 
hearing must be filed by December 10, 2012. Any potential party as 
defined in section 2.4 of Title 10 of the Code of Federal Regulations 
a(10 CFR), who believes access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI) is necessary to respond to this notice must request 
document access by October 19, 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-
0225. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0225. 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-2012-0225 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-2012-0225.
     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-2012-0225 in the subject line of your 
comment submission, in order to ensure

[[Page 61434]]

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 that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov and enter the comment submissions into ADAMS, and 
the NRC does not routinely 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 that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely 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; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. 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'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 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

[[Page 61435]]

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's 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 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 
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.

[[Page 61436]]

    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the following three 
factors in 10 CFR 2.309(c)(1): (i) The information upon which the 
filing is based was not previously available; (ii) the information upon 
which the filing is based is materially different from information 
previously available; and (iii) the filing has been submitted in a 
timely fashion based on the availability of the subsequent information.
    For further details with respect to these amendment actions, see 
the applications for amendment which are 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.

Arizona Public Service Company, et al., Docket Nos. STN 50-528, STN 50-
529, and STN 50-530, Palo Verde Nuclear Generating Station (PVNGS), 
Units 1, 2, and 3, Maricopa County, Arizona

    Date of amendment request: August 10, 2012, as supplemented by 
letter dated September 4, 2012. Publicly available versions are in 
ADAMS at Accession Nos. ML12240A053 and ML12255A278, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the basis and description for Milestones 6 and 
7 of the licensee's Cyber Security Plan (CSP) implementation schedule.
    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: Does the proposed amendment involve a significant increase 
in the probability or consequences of an accident previously evaluated?

    Response: No.
    The proposed amendment revises the Implementation Schedule of 
the PVNGS CSP. Implementation of the CSP itself does not involve any 
modifications to the safety-related structures, systems, or 
components (SSCs). The Implementation Schedule for the CSP describes 
how the requirements of 10 CFR 73.54 are to be implemented. The 
revision to the CSP Implementation Schedule will have no appreciable 
negative effect on the ability to identify, evaluate, and mitigate 
cyber attacks up to and including the design basis cyber attack 
threat, thereby achieving high assurance that the facility's digital 
computer and communications systems and networks are protected from 
cyber attacks. The revision of the CSP Implementation Schedule will 
not alter previously evaluated Updated Final Safety Analysis Report 
(UFSAR) design basis accident analysis assumptions, add any accident 
initiators, or affect the function of the plant safety-related SSCs 
as to how they are operated, maintained, modified, tested, or 
inspected.
    Therefore, it is concluded that this change does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.

Criterion 2: Does the proposed amendment create the possibility of a 
new or different kind of accident from any accident previously 
evaluated?

    Response: No.
    This proposed revision to the CSP Implementation Schedule 
continues to provide assurance that safety-related SSCs are 
protected from cyber attacks. Implementation of 10 CFR 73.54 with a 
revision to the CSP Implementation Schedule does not result in the 
need for any new or different UFSAR design basis accident analysis. 
It does not introduce new equipment that could create a new or 
different kind of accident, and no new equipment failure modes are 
created. As a result, no new accident scenarios, failure mechanisms, 
or limiting single failures are introduced as a result of this 
proposed amendment.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.

Criterion 3: Does the proposed amendment involve a significant 
reduction in a margin of safety?

    Response: No.
    The proposed revision to the CSP Implementation Schedule is 
administrative in nature and would not alter the way any safety-
related SSC functions and would not alter the way the plant is 
operated. The proposed change provides an acceptable, interim level 
of ``high assurance of adequate protection against cyber attacks.'' 
The proposed revision would not introduce any new uncertainties or 
change any existing uncertainties associated with any safety limit.
    Therefore, the proposed change does not involve a significant 
reduction in 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: Michael G. Green, Senior Regulatory Counsel, 
Pinnacle West Capital Corporation, P.O. Box 52034, Mail Station 8695, 
Phoenix, Arizona 85072-2034.
    NRC Branch Chief: Michael Markley.

Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287, 
Oconee Nuclear Station (ONS), Units 1, 2, and 3, Oconee County, South 
Carolina

    Date of amendment request: July 31, 2012, with supplement dated 
September 5, 2012. Publicly available versions of the letters dated 
July 31 and September 5, 2012, are in ADAMS under Accession Nos. 
ML12262A372 and ML12251A010, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the license conditions associated with the 
implementation of the new fire protection program based on the National 
Fire Protection Association (NFPA) standard NFPA-805.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    Operation of ONS in accordance with the proposed amendment does 
not increase the probability or consequences of accidents previously 
evaluated. The Updated Final Safety Analysis Report (UFSAR) 
documents the analyses of design basis accidents (DBA) at ONS. The 
proposed amendment involves License Condition completion date 
changes only. It 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, and components (SSCs) to perform their design function. 
SSCs required to safely shut down the reactor and to maintain it in 
a safe shutdown (SSD) condition will remain capable of performing 
their design functions.

[[Page 61437]]

    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any previously evaluated?
    Response: No.
    Operation of ONS 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 was included in the evaluation 
of DBAs documented in the UFSAR. The proposed amendment involves 
License Condition completion date changes only. It does not alter 
the requirements or function for systems required during accident 
conditions, nor will it 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 shut down the reactor and maintain it in a safe shutdown 
condition remain capable of performing their design functions.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    Operation of ONS in accordance with the proposed amendment does 
not involve a significant reduction in the margin of safety. The 
proposed amendment involves License Condition completion date 
changes only. It 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 UFSAR. The proposed 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 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: Lara S. Nichols, Deputy General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC 
28202-1802.
    NRC Branch Chief: Robert J. Pascarelli.

Entergy Nuclear Operations, Inc., Docket No. 50-333, James A. 
FitzPatrick Nuclear Power Plant, Oswego County, New York

    Date of amendment request: June 22, 2012. A publicly available 
version is in ADAMS under Accession No. ML12178A412.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the Cyber Security Plan Implementation Schedule 
as approved in license amendment issued on August 19, 2011 (ADAMS 
Accession No. ML11152A011).
    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 proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any initiators, or affect the 
function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
has no impact on the probability or consequences of an accident 
previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. The proposed change does not 
alter accident analysis assumptions, add any initiators, or affect 
the function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
do not create the possibility of a new or different kind of accident 
from any accident previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to these established safety 
margins as result of this change, the proposed change does not 
involve a significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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: Mr. William C. Dennis, Assistant General 
Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White 
Plains, NY 10601.
    NRC Branch Chief: George Wilson.

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

    Date of amendment request: June 28, 2012. A publicly available 
version is in ADAMS under Accession No. ML12181A348.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise License Amendment No. 234 to the Facility 
Operating License dated July 20, 2011 (ADAMS Accession No. 
ML111800021), which approved the Waterford 3 Cyber Security Plan and 
associated implementation milestone schedule. The Cyber Security Plan 
Implementation Schedule contained in the licensee's letter dated April 
4, 2011 (ADAMS Accession No. ML110950122), was utilized, as a portion 
of the basis for the NRC's safety evaluation report provided by 
Amendment No. 234. The proposed amendment does not change the 
Implementation Schedule date, but Entergy has proposed this amendment 
to implement the requirements of Implementation Schedule Milestone 6 in 
a slightly different manner than described in the approved 
Implementation Schedule.
    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

[[Page 61438]]

consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any initiators, or affect the 
function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
has no impact on the probability or consequences of an accident 
previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This proposed change does not 
alter accident analysis assumptions, add any initiators, or affect 
the function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to established safety margins as 
result of this change, the proposed change does not involve a 
significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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.

Florida Power and Light Company, et al., Docket Nos. 50-335 and 50-389, 
St. Lucie Plant, Units 1 and 2, St. Lucie County, Florida

    Date of amendment request: June 21, 2012. A publicly available 
version is in ADAMS under Accession No. ML12178A384.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
changes would revise Cyber Security Plan (CSP) Implementation Schedule 
Milestone No. 6 and the existing license conditions in the renewed 
facility operating licenses for St. Lucie Plant, Units 1 and 2. The 
amendment would implement the requirements of Implementation Schedule 
Milestone 6 in a slightly different manner than described in the 
approved Implementation Schedule.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee provided 
its analysis of the issue of no significant hazards consideration, 
which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any accident initiators, or 
affect the function of plant systems or the manner in which systems 
are operated, maintained, modified, tested, or inspected. The 
proposed change does not require any plant modifications that affect 
the performance capability of the structures, systems, and 
components relied upon to mitigate the consequences of postulated 
accidents and has no impact on the probability or consequences of an 
accident previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This proposed change does not 
alter accident analysis assumptions, add any accident initiators, or 
affect the function of plant systems or the manner in which systems 
are operated, maintained, modified, tested, or inspected. The 
proposed change does not require any plant modifications that affect 
the performance capability of the structures, systems, and 
components relied upon to mitigate the consequences of postulated 
accidents and does not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to these established safety 
margins as result of this change, the proposed change does not 
involve a significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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 requests involve no significant hazards consideration.
    Attorney for licensee: M.S. Ross, Attorney, Florida Power & Light, 
P.O. Box 14000, Juno Beach, Florida 33408-0420.
    NRC Acting Branch Chief: Jessie F. Quichocho.

Indiana Michigan Power Company (I&M), Docket Nos. 50-315 and 50-316, 
Donald C. Cook Nuclear Plant, Units 1 and 2, Berrien County, Michigan

    Date of amendment request: September 11, 2012. A publicly available 
version is in ADAMS under Accession No. ML12262A480.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would make changes to the cyber security plan implementation 
schedule for Milestone 6 at the Donald C. Cook Nuclear Plant (CNP), 
Units 1 and 2. Indiana Michigan Power Company (I&M) is planning to 
implement the requirements of Cyber Security Plan Implementation 
Schedule Milestone 6, as approved by the NRC staff in a letter dated 
July 28, 2011

[[Page 61439]]

(Amendment Nos. 315 and 299, for CNP Units 1 and 2, respectively), in a 
slightly different manner than described in the approved Implementation 
Schedule. Although no change to the Implementation Schedule is 
proposed, the change to the description of the milestone activity is 
conservatively considered to be a change to the Implementation 
Schedule; therefore, in accordance with the provisions of 10 CFR 50.4 
and 10 CFR 50.90, I&M is requesting an amendment to the Renewed 
Facility Operating Licenses for CNP Units 1 and 2, as it relates to the 
Physical Protection license condition associated with the CNP Cyber 
Security Plan.
    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 proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any accident initiators, or 
affect the function of plant systems or the manner in which systems 
are operated, maintained, modified, tested, or inspected. The 
proposed change does not require any plant modifications which 
affect the performance capability of the structures, systems, and 
components relied upon to mitigate the consequences of postulated 
accidents and has no impact on the probability or consequences of an 
accident previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This proposed change does not 
alter accident analysis assumptions, add any initiators, or affect 
the function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to these established safety 
margins as [a] result of this change, the proposed change does not 
involve a significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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 requests involve no significant hazards consideration.
    Attorney for licensee: James M. Petro, Jr., Senior Nuclear Counsel, 
One Cook Place, Bridgman, MI 49106.
    NRC Acting Branch Chief: Istvan Frankl.

Nebraska Public Power District, Docket No. 50-298, Cooper Nuclear 
Station (CNS), Nemaha County, Nebraska

    Date of amendment request: June 27, 2012. A publicly available 
version is in ADAMS under Accession No. ML12187A187.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise License Amendment No. 238 to the Renewed 
Facility Operating License for CNS, dated July 27, 2011 (ADAMS 
Accession No. ML111801081), which approved the CNS Cyber Security Plan 
and associated implementation milestone schedule. The Cyber Security 
Plan Implementation Schedule contained in the licensee's letter dated 
March 30, 2011 (ADAMS Accession No. ML110910061), was utilized as a 
portion of the basis for the NRC's safety evaluation report provided by 
Amendment No. 238. The proposed amendment does not change the 
Implementation Schedule date; however, the licensee has proposed to 
implement the requirements of Implementation Schedule Milestone 6 in a 
slightly different manner than described in the approved Implementation 
Schedule.
    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 proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any initiators, or affect the 
function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
(SSCs) relied upon to mitigate the consequences of postulated 
accidents, and has no impact on the probability or consequences of 
an accident previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This proposed change does not 
alter accident analysis assumptions, add any initiators, or affect 
the function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the SSCs relied upon to mitigate the 
consequences of postulated accidents, and does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to established safety margins as 
result of this change, the proposed change does not involve a 
significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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

[[Page 61440]]

amendment request involves no significant hazards consideration.
    Attorney for licensee: Mr. John C. McClure, Nebraska Public Power 
District, Post Office Box 499, Columbus, NE 68602-0499.
    NRC Branch Chief: Michael T. Markley.

South Carolina Electric & Gas Company, South Carolina Public Service 
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit 1 
(VCSNS), Fairfield County, South Carolina

    Date of amendment request: August 30, 2012. A publicly available 
version is in ADAMS under Accession No. ML12248A270.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
license amendment includes a proposed deviation to the scope of a Cyber 
Security Plan Implementation Schedule milestone and a proposed revision 
to the VCSNS Facility Operating License to include the proposed 
deviation. Specifically, SCE&G proposes a change to the scope of 
Implementation Milestone 6 to apply to only technical cyber security 
controls.
    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 that has previously 
been evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This change does not alter 
accident analysis assumptions, add any initiators, or affect the 
function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
has no impact on the probability or consequences of an accident 
previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change to the Cyber Security Plan Implementation 
Schedule is administrative in nature. This proposed change does not 
alter accident analysis assumptions, add any initiators, or affect 
the function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    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 proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Cyber Security Plan Implementation Schedule is administrative in 
nature. Because there is no change to these established safety 
margins as result of this change, the proposed change does not 
involve a significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in 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: J. Hagood Hamilton, Jr., South Carolina 
Electric & Gas Company, Post Office Box 764, Columbia, South Carolina 
29218.
    NRC Branch Chief: Robert J. Pascarelli.

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, 
Alabama

    Date of amendment request: August 14, 2012. A publicly available 
version is in ADAMS under Accession No. ML12227A884.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendments would revise Technical Specification (TS) 5.6.5, ``Core 
Operating Limits Report (COLR),'' to reference and allow use of 
Westinghouse WCAP-16045-P-A, Addendum i-A, ``Qualification of the NEXUS 
Nuclear Data Methodology,'' (Reference 1 of Enclosure 1) to determine 
core operating limits.
    The non-proprietary version is WCAP-16045-NP-A, Addendum i-A 
(Reference 2 of Enclosure 1).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed additional TS reference is not an accident 
initiator.
    The assumed accident initiators are not changed by the 
introduction of the proposed TS reference. Therefore, operation of 
the facility in accordance with the proposed amendment will not 
involve a significant increase in the probability of an accident 
previously evaluated.
    The use of the proposed method will not significantly impact the 
fission product inventory and transport assumptions in the current 
licensing basis analyses. Therefore, the radiological consequences 
of an accident previously evaluated will not increase.
    The use of the proposed methods will not increase the 
consequences of an accident because Limiting Conditions for 
Operation will continue to restrict operation to within the regions 
that provide acceptable results, and Reactor Protective System trip 
setpoints will restrict plant transients so that the consequences of 
accidents will not exceed the safety analysis acceptance criteria.
    Therefore, it is concluded that the proposed change does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    This change does not alter the physical plant or modes of 
operation. The plant systems will not be operated outside of design 
limits, no different equipment will be operated, and system 
interfaces will not change. Thus, the proposed change does not 
adversely affect the design function or operation of any structures, 
systems, and components important to safety.
    Therefore, it is concluded that the proposed change does not 
create the possibility of a new or different kind of accident from 
any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    All safety limit values and Limited Conditions of Operability 
values given in the COLR will be calculated based on NRC approved 
methodologies. These values ensure the plant is operating in 
accordance with the TS.
    Therefore, it is concluded the proposed change does not involve 
a significant reduction in a margin of safety.


[[Page 61441]]


    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: M. Stanford Blanton, Esq., Balch and 
Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham, 
Alabama 35201.
    NRC Branch Chief: Robert J. Pascarelli.

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

Arizona Public Service Company, et al., Docket Nos. STN 50-528, STN 50-
529, and STN 50-530, Palo Verde Nuclear Generating Station, Units 1, 2, 
and 3, Maricopa County, Arizona

Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287, 
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South 
Carolina

Entergy Nuclear Operations, Inc., Docket No. 50-333, James A. 
FitzPatrick Nuclear Power Plant, Oswego County, New York

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

Florida Power and Light Company, et al., Docket Nos. 50-335 and 50-389, 
St. Lucie Plant, Unit Nos. 1 and 2, St. Lucie County, Florida

Indiana Michigan Power Company, Docket Nos. 50-315 and 50-316, Donald 
C. Cook Nuclear Plant, Units 1 and 2, Berrien County, Michigan

Nebraska Public Power District, Docket No. 50-298, Cooper Nuclear 
Station, Nemaha County, Nebraska

South Carolina Electric & Gas Company, South Carolina Public Service 
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit 1, 
Fairfield County, South Carolina

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, 
Alabama

    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

[[Page 61442]]

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 28th day of September 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. 2012-24509 Filed 10-5-12; 8:45 am]
BILLING CODE 7590-01-P