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, 3034-3039 [2013-00424]

Download as PDF 3034 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices Dated: January 10, 2013. George F. Triebsch, Director, Office of Standards, Regulations and Variances. [FR Doc. 2013–00624 Filed 1–14–13; 8:45 am] BILLING CODE 4510–43–P NATIONAL COUNCIL ON DISABILITY Sunshine Act Meetings The Members of the National Council on Disability (NCD) will hold a special meeting of the Council on Friday, January 11, 2013, 12:00 p.m.–1:00 p.m. (ET). PLACE: The meeting will occur by teleconference. Interested parties may join the meeting by phone in a listeningonly capacity using the following callin number: 1–877–446–3914; passcode 4121872. MATTERS TO BE CONSIDERED: The Council will meet to review, discuss, and vote on a letter of policy recommendations and concerns to the interagency taskforce created in the wake of the Newtown tragedy. CONTACT PERSON FOR MORE INFORMATION: Anne Sommers, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004; 202–272–2004 (V), 202–272–2074 (TTY). ACCOMMODATIONS: Those who plan to participate by phone and require accommodations should notify NCD as soon as possible to allow time to make arrangements. TIME AND DATES: Dated: January 11, 2013. Aaron Bishop, Executive Director. [FR Doc. 2013–00805 Filed 1–11–13; 4:15 pm] standing committees, will discuss and vote on two Medicaid reports (one on self-direction and one on blockgranting), will discuss the agency’s 2013 progress report, will receive a briefing from Administrator Craig Fugate of the Federal Emergency Management Agency (FEMA) regarding the response to Hurricane Sandy, as it pertains to people with disabilities, and will receive public comment. The times provided below are approximations for when each agenda item is anticipated to be discussed (all times Eastern): 9:00–9:30 a.m. Chairman’s Report, Executive Director’s Report 9:30–10:30 a.m. Audit and Finance Committee report, Governance Committee report 10:30 a.m.–12:00 p.m. Policy and Program Evaluation Committee Report (including discussion and votes on Medicaid reports) 1:15–2:15 p.m. NCD Progress Report Discussion 2:15–3:15 p.m. Agency briefing with FEMA Administrator Craig Fugate 3:30–4:00 p.m. Public comment period Any individuals interested in providing public comment will be asked to provide their names and their organizational affiliations, if applicable, and to limit their comments to three minutes. Individuals may also provide public comment by sending their comments in writing to Lawrence Carter-Long, Public Affairs Specialist, at lcarterlong@ncd.gov, using the subject line of ‘‘Public Comment.’’ CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 6820–MA–P NATIONAL COUNCIL ON DISABILITY Sunshine Act Meetings Notice Anne Sommers, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004; 202–272–2004 (V), 202–272–2074 (TTY). Those who plan to attend and require accommodations should notify NCD as soon as possible to allow time to make arrangements. Please note: To help reduce exposure to fragrances for those with multiple chemical sensitivities, NCD requests that all those attending the meeting in person please refrain from wearing scented personal care products such as perfumes, hairsprays, colognes, and deodorants. ACCOMMODATIONS: The Members of the National Council on Disability (NCD) will hold a quarterly meeting on Tuesday, January 29, 2013, 9:00 a.m.– 5:00 p.m. (ET). PLACE: The meeting will occur at the Access Board Conference Room, 1331 F Street, NW., Suite 800, Washington, DC. Interested parties may join the meeting in person or may join by phone in a listening-only capacity (with the exception of the public comment period) using the following call-in number: 1–888–523–1228; passcode 3484831. If asked, the conference call host’s name is Jonathan Young. MATTERS TO BE CONSIDERED: The Council will receive updates from the Council’s srobinson on DSK4SPTVN1PROD with TIME AND DATES: VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 Dated: January 10, 2013. Aaron Bishop, Executive Director. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 Sunshine Act Meeting; Agenda 9:30 a.m., Tuesday, January 29, 2013. PLACE: NTSB Conference Center, 429 L’Enfant Plaza SW., Washington, DC 20594. STATUS: The one item is open to the public. MATTER TO BE CONSIDERED: 8371A Aircraft Accident Report—Loss of Control, Sundance Helicopters, Inc., Eurocopter AS350–B2, N37SH, Near Las Vegas, Nevada, December 7, 2011. NEWS MEDIA CONTACT: Telephone: (202) 314–6100. The press and public may enter the NTSB Conference Center one hour prior to the meeting for set up and seating. Individuals requesting specific accommodations should contact Rochelle Hall at (202) 314–6305 or by email at Rochelle.Hall@ntsb.gov by Friday, January 25, 2013. The public may view the meeting via a live or archived webcast by accessing a link under ‘‘News & Events’’ on the NTSB home page at www.ntsb.gov. Schedule updates including weatherrelated cancellations are also available at www.ntsb.gov. FOR MORE INFORMATION CONTACT: Candi Bing, (202) 314–6403 or by email at bingc@ntsb.gov. FOR MEDIA INFORMATION CONTACT: Peter Knudson (202) 314–6219 or by email at peter.knudson@ntsb.gov. TIME AND DATE: Dated: January 11, 2013. Candi R. Bing, Federal Register Liaison Officer. [FR Doc. 2013–00822 Filed 1–11–13; 4:15 pm] BILLING CODE 7533–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–348 and 50–364; NRC– 2012–0309] 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 Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, opportunity to AGENCY: [FR Doc. 2013–00779 Filed 1–11–13; 11:47 am] BILLING CODE 6820–MA–P NATIONAL TRANSPORTATION SAFETY BOARD E:\FR\FM\15JAN1.SGM 15JAN1 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices request a hearing and to petition for leave to intervene; order. Comments must be filed by February 14, 2013. Requests for a hearing or leave to intervene must be filed by March 18, 2013. Any potential party as defined in § 2.4 of Title 10 of the Code of Federal Regulations (10 CFR) who believes access to Sensitive Unclassified Non-Safeguards Information is necessary to respond to this notice must request document access by January 22, 2013. ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and is publicly available, by searching on http://www.regulations.gov under Docket ID NRC–2012–0309. You may submit comments by any one of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0309. 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: DATES: srobinson on DSK4SPTVN1PROD with I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2012– 0309 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 any one of the following methods: • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0309. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 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– 0309 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 that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// 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 NRC is publishing this notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 3035 This notice includes notices of amendments containing sensitive unclassified non-safeguards information (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 § 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 follows. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action 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 E:\FR\FM\15JAN1.SGM 15JAN1 srobinson on DSK4SPTVN1PROD with 3036 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices 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 ‘‘Agency Rules of Practice and Procedure’’ 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 Web site at http://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor’s/petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be issued in the proceeding on the requestor’s/petitioner’s interest. The petition must also set forth the specific contentions which the requestor/ petitioner seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the requestor/ petitioner to relief. A requestor/ petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of any amendment. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007). The EFiling process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 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 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 at 301–415–1677, to request (1) a digital information (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in the NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of E:\FR\FM\15JAN1.SGM 15JAN1 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices 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 Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 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. VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// 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. 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. 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 20, 2012, as supplemented by letters dated October 25 and November 8, 2012. Description of amendment request: This license amendment request contains Sensitive Unclassified NonSafeguards Information (SUNSI). The proposed amendments would revise the Technical Specification (TS) surveillance requirement (SR) 3.7.6.1 required water volume for condensate storage tank (CST) operability from 150,000 to 164,000 gallons. 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 3037 consequences of an accident previously evaluated? Response: No. The proposed change would revise TS 3.7.6, ‘‘Condensate Storage Tank (CST),’’ to revise the CST level requirements specified in Surveillance Requirement (SR) 3.7.6.1. The proposed change administratively increases the volume margin of the CST. The CST is not an accident initiator and is credited to mitigate accidents and events. These changes have no impact on the method by which the CST performs its functions. With these changes, a sufficient quantity of water will continue to be supplied by the CST to the Auxiliary Feedwater (AFW) pumps to remove heat from the Reactor Coolant System (RCS) during a plant event. With this change, the overall quantity of water required to meet operability requirements of SR 3.7.6.1 is increased. This increase is acceptable, providing increased CST volume margin and is based on plant specific CST minimum storage volume calculations. This change does not impact any accident initiators or analyzed events. It does not impact any assumed mitigation capability for any accident or transient event. The change does not involve the addition or removal of any equipment; however, a design change to the low level alarm setpoint will be required. Therefore, operation of the facility in accordance with 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 accident previously evaluated? Response: No. The CST is not an accident initiator and is credited to mitigate accidents and events. These changes have no impact on the method by which the CST performs its functions. This change does not involve any physical modifications to plant structures, systems, or components (SSCs), or the manner in which SSCs are maintained, modified, tested, or inspected. In addition, there is no change in the types or increases in the amounts of effluents that may be released offsite, and there is no increase in individual or cumulative occupational radiation exposure. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The accident analyses credit CST inventory to meet RCS design pressure, containment design pressure, 10 CFR 100 dose limits, and 10 CFR 50.36 peak cladding temperature limits. The increase in SR 3.7.6.1 CST required minimum volume increases the CST volume margin. The CST volume for the natural circulation cooldown event is greater than that required to mitigate accidents. The CST will continue to provide the entire required source of usable volume of safety grade water to the AFW System pumps to remove decay and sensible heat from the RCS. This change does not involve any E:\FR\FM\15JAN1.SGM 15JAN1 3038 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices physical modifications to SSCs or the manner in which SSCs are maintained, modified, tested, or inspected. However, a design change to the low level alarm setpoint will be required. The change does not alter the manner in which safety limits, limiting safety system settings, or limiting conditions for operation are determined. The setpoints at which protective actions are initiated are not altered by the change. Therefore, the proposed change does not involve a significant reduction in a margin of safety. Based on the above, SNC concludes that the proposed amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of ‘‘no significant hazards consideration’’ is justified. srobinson on DSK4SPTVN1PROD with 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 NonSafeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI). B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A ‘‘potential party’’ is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555–0001. The expedited delivery or VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 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) 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. 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. 2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 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 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 3 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. E:\FR\FM\15JAN1.SGM 15JAN1 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices 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 7th day of January 2013. 3039 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 NonSafeguards Information in This Proceeding Day Event/activity 0 ............... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ............. 60 ............. 20 ............. 25 ............. 30 ............. 40 ............. A .............. A + 3 ........ A + 28 ...... A + 53 ...... A + 60 ...... >A + 60 .... [FR Doc. 2013–00424 Filed 1–10–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0261] Japan Lessons-Learned Project Directorate Interim Staff Guidance JLD–ISG–2012–06; Performing a Tsunami, Surge, or Seiche Hazard Assessment Nuclear Regulatory Commission. ACTION: Japan Lessons-Learned Project Directorate Interim Staff Guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing the Final Japan Lessons-Learned Project Directorate Interim Staff Guidance (JLD– ISG), JLD–ISG–2012–06, ‘‘Performing a Tsunami, Surge, or Seiche Hazard Assessment’’ (Agencywide Documents srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 17:00 Jan 14, 2013 Jkt 229001 Access and Management System (ADAMS) Accession No. ML12314A412). This JLD–ISG provides guidance and clarification to assist nuclear power reactors applicants and licensees with the flooding hazard reassessment in response to Enclosure 2 of the NRC staff’s request for information, ‘‘Request for Information Pursuant to section 50.54(f) of Title 10 of the Code of Federal Regulations (10 CFR), Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident,’’ dated March 12, 2012 (ADAMS Accession No. ML12053A340). ADDRESSES: Please refer to Docket ID NRC–2012–0261 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 are publicly-available, using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 for Docket ID NRC–2012–0261. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at http://www.nrc.gov/readingrm/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 JLD–ISG–2012–06 is available under ADAMS Accession No. ML12314A412. • 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, MD 20852. • NRC’s Interim Staff Guidance Web Site: Go to http://www.nrc.gov/readingrm/doc-collections/isg/japan-lessons- E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3034-3039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00424]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-348 and 50-364; NRC-2012-0309]


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, opportunity 
to

[[Page 3035]]

request a hearing and to petition for leave to intervene; order.

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DATES: Comments must be filed by February 14, 2013. Requests for a 
hearing or leave to intervene must be filed by March 18, 2013. Any 
potential party as defined in Sec.  2.4 of Title 10 of the Code of 
Federal Regulations (10 CFR) who believes access to Sensitive 
Unclassified Non-Safeguards Information is necessary to respond to this 
notice must request document access by January 22, 2013.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly available, by 
searching on http://www.regulations.gov under Docket ID NRC-2012-0309. 
You may submit comments by any one of the following methods (unless 
this document describes a different method for submitting comments on a 
specific subject):
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0309. 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-2012-0309 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 any one of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0309.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://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-2012-0309 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 that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://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 NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing sensitive 
unclassified non-safeguards information (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 Sec.  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 follows.
    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

[[Page 3036]]

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 ``Agency Rules of Practice and 
Procedure'' 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 Web site at 
http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a 
hearing or petition for leave to intervene is filed within 60 days, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be issued in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) a digital information (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 http://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 http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://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 http://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

[[Page 3037]]

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 Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://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 
http://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. 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.

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 20, 2012, as supplemented by 
letters dated October 25 and November 8, 2012.
    Description of amendment request: This license amendment request 
contains Sensitive Unclassified Non-Safeguards Information (SUNSI). The 
proposed amendments would revise the Technical Specification (TS) 
surveillance requirement (SR) 3.7.6.1 required water volume for 
condensate storage tank (CST) operability from 150,000 to 164,000 
gallons.
    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 change would revise TS 3.7.6, ``Condensate Storage 
Tank (CST),'' to revise the CST level requirements specified in 
Surveillance Requirement (SR) 3.7.6.1. The proposed change 
administratively increases the volume margin of the CST.
    The CST is not an accident initiator and is credited to mitigate 
accidents and events. These changes have no impact on the method by 
which the CST performs its functions. With these changes, a 
sufficient quantity of water will continue to be supplied by the CST 
to the Auxiliary Feedwater (AFW) pumps to remove heat from the 
Reactor Coolant System (RCS) during a plant event.
    With this change, the overall quantity of water required to meet 
operability requirements of SR 3.7.6.1 is increased. This increase 
is acceptable, providing increased CST volume margin and is based on 
plant specific CST minimum storage volume calculations.
    This change does not impact any accident initiators or analyzed 
events. It does not impact any assumed mitigation capability for any 
accident or transient event. The change does not involve the 
addition or removal of any equipment; however, a design change to 
the low level alarm setpoint will be required. Therefore, operation 
of the facility in accordance with 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 accident previously 
evaluated?
    Response: No.
    The CST is not an accident initiator and is credited to mitigate 
accidents and events. These changes have no impact on the method by 
which the CST performs its functions. This change does not involve 
any physical modifications to plant structures, systems, or 
components (SSCs), or the manner in which SSCs are maintained, 
modified, tested, or inspected. In addition, there is no change in 
the types or increases in the amounts of effluents that may be 
released offsite, and there is no increase in individual or 
cumulative occupational radiation exposure. Therefore, the proposed 
change does not create the possibility of a new or different kind of 
accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The accident analyses credit CST inventory to meet RCS design 
pressure, containment design pressure, 10 CFR 100 dose limits, and 
10 CFR 50.36 peak cladding temperature limits. The increase in SR 
3.7.6.1 CST required minimum volume increases the CST volume margin. 
The CST volume for the natural circulation cooldown event is greater 
than that required to mitigate accidents. The CST will continue to 
provide the entire required source of usable volume of safety grade 
water to the AFW System pumps to remove decay and sensible heat from 
the RCS. This change does not involve any

[[Page 3038]]

physical modifications to SSCs or the manner in which SSCs are 
maintained, modified, tested, or inspected. However, a design change 
to the low level alarm setpoint will be required. The change does 
not alter the manner in which safety limits, limiting safety system 
settings, or limiting conditions for operation are determined. The 
setpoints at which protective actions are initiated are not altered 
by the change. Therefore, the proposed change does not involve a 
significant reduction in a margin of safety.
    Based on the above, SNC concludes that the proposed amendment 
does not involve a significant hazards consideration under the 
standards set forth in 10 CFR 50.92(c), and, accordingly, a finding 
of ``no significant hazards consideration'' is justified.

    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

    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:
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    \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.
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    (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.
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    \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.
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    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\
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    \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.
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    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

[[Page 3039]]

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 7th day of January 2013.

    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.
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[FR Doc. 2013-00424 Filed 1-10-13; 8:45 am]
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