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, 9945-9951 [2013-03201]
Download as PDF
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
By the National Credit Union
Administration Board on ___February 6,
2013___.
Mary Rupp,
Secretary of the Board.
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Innovation
Corps; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub., L.92–
463, as amended), the National Science
Foundation announces the following
meeting:
[FR Doc. 2013–03179 Filed 2–11–13; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Institute of Museum and Library
Services
Sunshine Act Meeting of the National
Museum and Library Services Board
Institute of Museum and
Library Services (IMLS), NFAH.
AGENCY:
ACTION:
Notice of Meeting.
The National Museum and
Library Services Board, which advises
the Director of the Institute of Museum
and Library Services in awarding
national awards and medals, will meet
by teleconference on February 14, 2013,
to review nominations for the 2013
National Medal for Museum and Library
Service.
SUMMARY:
Thursday, February 14,
2013, at 1 p.m. EST.
DATE AND TIME:
Name: Innovation Corps Advisory
Committee, #80463
Dates/Time: March 6, 2013, 9:00 a.m.–4:00
p.m.
Places: Sheraton Pentagon City Hotel, 900
South Orme Street, Arlington, VA 22204
Type of Meeting: Open
Contact Person: Dr. Dedric A. Carter,
Senior Advisor for Strategic Initiatives, Office
of the Director, Suite 1205, National Science
Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230 Telephone Number:
(703) 292–8002 dacarter@nsf.gov
Purpose of Meeting: To provide advice and
recommendations concerning I-Corps.
Agenda: Opening Statements by Dr. Subra
Suresh, Director, NSF Review and discussion
the current I-Corps projects and future
directions.
Reason for Closing: The program being
reviewed includes information of a
proprietary or confidential nature, including
technical information; financial data, such as
salaries; and personal information
concerning individuals associated with the
proposals. These matters are exempt under
(4) and (6) of 5 U.S.C. 552b(c), the
Government in the Sunshine Act.
construct and operate an in situ
uranium recovery satellite facility at its
Marsland site in Dawes County,
Nebraska. In response to a ‘‘Notice of
Opportunity for a Hearing’’ published in
the Federal Register, see 77 Fed. Reg.
71,454 (Nov. 30, 2012), hearing requests
were filed on January 29, 2013 by (1) the
Oglala Sioux Tribe, and (2) a
consolidated group of petitioners
comprised of Antonia Loretta Afraid of
Bear Cook, Bruce McIntosh, Debra
White Plume, Western Nebraska
Resources Council, and Aligning for
Responsible Mining.
The Board is comprised of the
following administrative judges:
G. Paul Bollwerk, III, Chair, Atomic
Safety and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; Dr.
Richard E. Wardwell, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; Dr. Thomas J. Hirons,
Atomic Safety and Licensing Board
Panel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49,139). See 10 CFR 2.302.
Dated: Rockville, Maryland, February 6,
2013.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
The meeting will be held by
teleconference originating at the
Institute of Museum and Library
Services. 1800 M Street, NW., 9th Floor,
Washington, DC, 20036. Telephone:
(202) 653–4676.
Dated: February 7, 2013.
Susanne Bolton,
Committee Management Officer.
Closed. The meeting will be
closed pursuant to subsections (c)(4)
and (c)(9) of section 552b of Title 5,
United States Code because the Board
will consider information that may
disclose: Trade secrets and commercial
or financial information obtained from a
person and privileged or confidential;
and information the premature
disclosure of which would be likely to
significantly frustrate implementation of
a proposed agency action.
NUCLEAR REGULATORY
COMMISSION
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–8943–MLA–2; ASLBP No.
13–926–01–MLA–BD01]
[NRC–2013–0023]
PLACE:
STATUS:
FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with NOTICES
9945
Elizabeth Lyons, Program Coordinator
for Special Events and Board Liaison,
Institute of Museum and Library
Services, 1800 M Street, NW., 9th Floor,
Washington, DC 20036. Telephone:
(202) 653–4676.
Dated: February 5, 2013.
Nancy Weiss,
General Counsel.
BILLING CODE 7036–01–M
16:40 Feb 11, 2013
BILLING CODE 7555–01–P
Jkt 229001
[FR Doc. 2013–03184 Filed 2–11–13; 8:45 am]
BILLING CODE 7590–01–P
Crow Butte Resources, Inc.;
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission, see 37 FR 28,710 (Dec. 29,
1972), and the Commission=s
regulations, see 10 CFR 2.105, 2.300,
2.303, 2.309, 2.313, 2.318, 2.321, notice
is hereby given that an Atomic Safety
and Licensing Board (Board) is being
established to preside over the following
proceeding:
Crow Butte Resources, Inc.
(Marsland Expansion Area)
[FR Doc. 2013–02957 Filed 2–11–13; 8:45 am]
VerDate Mar<15>2010
[FR Doc. 2013–03163 Filed 2–11–13; 8:45 am]
This proceeding involves a request
from Crow Butte Resources, Inc. to
amend its Source Material License,
SUA–1534, to obtain authority to
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
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, request a
hearing, and petition for leave to
intervene, order.
AGENCY:
Submit comments by March 14,
2013. Requests for a hearing or leave to
intervene must be filed by April 15,
DATES:
E:\FR\FM\12FEN1.SGM
12FEN1
9946
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
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 NonSafeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by February
22, 2013.
ADDRESSES: You may access information
and comment submissions related to
this document, which the NRC
possesses and are publically available,
by searching on https://
www.regulations.gov under Docket ID
NRC–2013–0023. 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–2013–0023. 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:
tkelley on DSK3SPTVN1PROD with NOTICES
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0023 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document by
any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0023.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://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
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
VerDate Mar<15>2010
16:40 Feb 11, 2013
Jkt 229001
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–2013–
0023 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
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 as well as enter the
comment submissions into ADAMS.
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 (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 SUNSI.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
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 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
subject facility operating license or
combined license. Requests for a
hearing and a petition for leave to
E:\FR\FM\12FEN1.SGM
12FEN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
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’s Web site at https://
www.nrc.gov/reading-rm/doccollections/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
VerDate Mar<15>2010
16:40 Feb 11, 2013
Jkt 229001
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, then any hearing held
would take place before the issuance of
any amendment.
All documents filed in the NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC’s 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
at 301–415–1677, to request (1) a digital
identification (ID) certificate, which
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
9947
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 https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through 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/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 the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/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-
E:\FR\FM\12FEN1.SGM
12FEN1
tkelley on DSK3SPTVN1PROD with NOTICES
9948
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
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/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
16:40 Feb 11, 2013
Jkt 229001
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
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.
Entergy Operations, Inc., System
Energy Resources, Inc., South
Mississippi Electric Power Association
and Entergy Mississippi, Inc., Docket
No. 50–416, Grand Gulf Nuclear
Station, Unit 1 (GGNS), Claiborne
County, Mississippi
Date of amendment request: October
26, 2012. A publicly available version is
in ADAMS under Accession No.
ML12306A519.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
amendment would delete paragraph
2.C.(32), Partial Feedwater Heating, of
the GGNS facility operating license to
allow GGNS to operate with the Final
Feedwater Temperature Reduction
(FFWTR) at the end of a fuel cycle for
the purpose of extending the cycle. The
FFWTR flexibility option would allow
operating with a reduction of 100
degrees Fahrenheit (°F) in the feedwater
temperature at rated thermal power
conditions.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
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 effect of operating with Final
Feedwater Temperature Reduction (FFWTR)
on the probability and consequences of
accidents, Anticipated Operational
Occurrences (AOO), and events documented
in the Updated Final Safety Analysis
(UFSAR) was reviewed.
The impact of FFWTR on the Design Basis
Accident (DBA) Loss-of-Coolant Accident
(LOCA) was considered. Evaluations and
analyses determined that the current
licensing basis peak cladding temperature
(PCT) of the fuel remains applicable for
operating the Grand Gulf Nuclear Station
(GGNS) with FFWTR. The analysis results
indicate the following:
• The calculated maximum fuel element
cladding temperature does not exceed 2,200
°F.
• The calculated total local oxidation does
not exceed 17% times the total cladding
thickness.
• The calculated total amount of hydrogen
generated from a chemical reaction of the
cladding with water or steam is less than 1%
times the hypothetical amount if all the metal
in the cladding cylinder were to react.
• The core remains amenable to long term
cooling, and there is sufficient long term core
cooling available.
Analysis also demonstrated that FFWTR
operation at GGNS continues to meet design
limits for the DBA–LOCA peak drywell
pressure and temperature. Therefore, there is
no increase in the consequence of an
accident previously evaluated in the UFSAR.
The only AOO that requires consideration
in assessing the effect of FFWTR on event
consequences is the feedwater controller
failure—increasing flow (FWCF). This is
based upon the finding that the other AOOs
are less sensitive to a reduction in feedwater
temperature. The rated power and off-rated
Power Distribution Limits, Critical Power
Ratio (CPR), and Linear Heat Generation Rate
(LHGR), for the FWCF event are validated on
a cycle-specific basis to ensure compliance
with: (1) the Safety Limit Minimum Critical
Power Ratio (SLMCPR) and (2) the fuel rod
thermal mechanical acceptance criteria of
avoiding fuel centerline melt and 1%
cladding plastic strain. Consequently, there is
no increase in the consequences of an AOO
previously evaluated.
The impact of FFWTR on the consequences
of the following events was also considered:
Anticipated Transient without Scram
(ATWS), vessel overpressure, thermalhydraulic stability, and High Energy Line
Break (HELB). The evaluation of ATWS and
vessel overpressure concluded the
consequences of the events at normal
feedwater temperature remain bounding for
E:\FR\FM\12FEN1.SGM
12FEN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
FFWTR. The evaluation of HELB determined
the impact was bounded by the current
design basis. The cycle-specific
determinations and validations performed in
accordance with NRC-approved methods
ensure that the SLMCPR will be protected if
a thermal-hydraulic instability event were to
occur. Therefore, there is no increase in the
consequence of these events previously
evaluated in the UFSAR.
In addition, the following areas were also
evaluated. The reactor power level and
operating pressure are not changed. FFWTR
has no effect on the decay heat. Current
design limits associated with long-term
containment analyses, including a
recirculation suction line break (RSLB), loss
of offsite power (LOOP), intermediate break
accident (IBA), small break accident (SBA),
and NUREG–0783 safety/relief valve (SRV)
steam discharge events continue to be
supported without change. Therefore, there is
no increase in the consequence of these
events previously evaluated in the UFSAR.
The probability of an accident is not
affected by the proposed changes since no
structures, systems or components (SSC) that
could initiate an accident are affected.
Therefore, the proposed changes do not
significantly increase the probability of any
previously evaluated accident.
Based on the above discussion, 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 does not alter the
design function of any SSC. The
implementation of FFWTR operation does
not create the possibility of a new or different
kind of accident. Power Distribution Limits
for CPR, LHGR and Average Planar Linear
Heat Generation Rate (APLHGR), and OPRM
setpoints, which are determined in
accordance with NRC-approved methods and
are included in the Core Operating Limits
Report (COLR) as part of the normal reload
licensing process, continue to assure that
core operation is in accordance with the
conditions currently assumed for event
initiation.
FFWTR was reviewed against the
accidents, AOOs, and events documented in
the UFSAR. This review determined there is
no adverse impact; the existing design basis
remains bounding. In addition, the proposed
change does not involve new system
interactions or equipment modifications to
the plant. FFWTR does not involve any new
type of testing or maintenance. Therefore,
there are no new design basis failure
mechanisms, malfunctions, or accident
initiators created by the proposed change.
The existing low power scram bypass
setpoint based on turbine first stage pressure
and the calculated change in steam flow was
evaluated. The current setpoint is based on
operating with a 100 °F reduction in
feedwater temperature; therefore, the setpoint
is unaffected by FFWTR.
Therefore, the proposed change does not
create the possibility of a new or different
VerDate Mar<15>2010
16:40 Feb 11, 2013
Jkt 229001
kind of accident from any previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The AOOs and accidents described in the
UFSAR were evaluated for effects caused by
the reduced feedwater temperature. For
cycle-independent considerations, the
evaluations determined that the
consequences of the events are either: (1)
bounded by the current design and licensing
basis results; (2) are within design acceptance
criteria; or (3) do not change in a manner that
would reduce the margin of safety. For cyclespecific considerations, cycle-specific
analyses utilizing NRC-approved methods
that produce the values of the limits
documented in the COLR continue to assure
that core operation is maintained within the
existing design basis and safety limits. No
design basis or safety limit is altered by the
proposed change.
The existing low power scram bypass
setpoint based on turbine first stage pressure
and the calculated change in steam flow was
evaluated. The current setpoint is based on
operating with a 100 °F reduction in
feedwater temperature; therefore, the setpoint
is unaffected by FFWTR.
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.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation.
Entergy Operations, Inc., System Energy
Resources, Inc., South Mississippi
Electric Power Association and Entergy
Mississippi, Inc., Docket No. 50–416,
Grand Gulf Nuclear Station, Unit 1
(GGNS), Claiborne County, Mississippi
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
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
9949
‘‘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) 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)
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.
E:\FR\FM\12FEN1.SGM
12FEN1
9950
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
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 Order2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
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
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 6th day
of February 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.
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.
10 ............................
60 ............................
20 ............................
25 ............................
30 ............................
40 ............................
A ..............................
A + 3 .......................
tkelley on DSK3SPTVN1PROD with NOTICES
A + 28 .....................
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
VerDate Mar<15>2010
16:40 Feb 11, 2013
Jkt 229001
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
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\12FEN1.SGM
12FEN1
9951
Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices
Day
Event/Activity
A + 53 .....................
A + 60 .....................
>A + 60 ...................
(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.
[FR Doc. 2013–03201 Filed 2–11–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0001]
Sunshine Act Meeting
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission
DATE: Weeks of February 11, 18, 25,
March 4, 11, 18, 2013.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS : Public and Closed.
Week of February 11, 2013
There are no meetings scheduled for
the week of February 11, 2013.
Week of February 18, 2013—Tentative
Wednesday, February 20, 2013
1:00 p.m. Briefing on Uranium
Recovery (Public Meeting);
(Contact: Bill von Till, 301–415–
0598).
This meeting will be webcast live at
the Web address—www.nrc.gov.
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, or
by email at kimberly.meyerchambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an email to
darlene.wright@nrc.gov.
Dated: February 7, 2013.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
Thursday, February 21, 2013
[FR Doc. 2013–03303 Filed 2–8–13; 4:15 pm]
9:30 a.m. Briefing on the Threat
Environment Assessment (Closed—Ex.
1)
BILLING CODE 7590–01–P
Week of February 25, 2013—Tentative
There are no meetings scheduled for
the week of February 25, 2013.
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
Week of March 4, 2013—Tentative
There are no meetings scheduled for
the week of March 4, 2013.
U.S. Office of Personnel
Management (OPM).
ACTION: Notice.
Week of March 11, 2013—Tentative
SUMMARY:
AGENCY:
There are no meetings scheduled for
the week of March 11, 2013.
tkelley on DSK3SPTVN1PROD with NOTICES
Week of March 18, 2013—Tentative
There are no meetings scheduled for
the week of March 18, 2013.
*
*
*
*
*
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—301–415–1292.
Contact person for more information:
Rochelle Bavol, 301–415–1651.
*
*
*
*
*
VerDate Mar<15>2010
16:40 Feb 11, 2013
Jkt 229001
This notice identifies
Schedule A, B, and C appointing
authorities applicable to a single agency
that were established or revoked from
December 1, 2012, to December 31,
2012.
FOR FURTHER INFORMATION CONTACT:
Senior Executive Resources Services,
Senior Executive Resources and
Performance Management, Employee
Services, 202–606–2246.
SUPPLEMENTARY INFORMATION: In
accordance with 5 CFR 213.103,
Schedule A, B, and C appointing
authorities available for use by all
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
agencies are codified in the Code of
Federal Regulations (CFR). Schedule A,
B, and C appointing authorities
applicable to a single agency are not
codified in the CFR, but the Office of
Personnel Management (OPM)
publishes a notice of agency-specific
authorities established or revoked each
month in the Federal Register at
www.gpo.gov/fdsys/. OPM also
publishes annually a consolidated
listing of all Schedule A, B, and C
appointing authorities current as of June
30 as a notice in the Federal Register.
Schedule A
The following Schedule A authority
was approved in December.
Section 213.3106
Defense
Department of
(b) Entire Department (including the
Office of the Secretary of Defense and
the Departments of the Army, Navy, and
Air Force)—
(11) Not to exceed 3000 positions that
require unique cyber security skills and
knowledge to perform cyber risk and
strategic analysis, incident handling and
malware/vulnerability analysis, program
management, distributed control
systems security, cyber incident
response, cyber exercise facilitation and
management, cyber vulnerability
detection and assessment, network and
systems engineering, enterprise
architecture, intelligence analysis,
investigation, investigative analysis and
cyber-related infrastructure interdependency analysis. This authority
may be used to make permanent, timelimited and temporary appointments in
the following occupational series:
Security (GS–0080), intelligence
analysts (GS–0132), computer engineers
(GS–0854), electronic engineers (GS–
0855), computer scientists (GS–1550),
operations research (GS–1515), criminal
investigators (GS–1811),
telecommunications (GS–0391), and IT
specialists (GS–2210). Within the scope
of this authority, the U.S. Cyber
Command is also authorized to hire
miscellaneous administrative and
program (GS–0301) series when those
positions require unique cyber security
skills and knowledge. All positions will
be at the General Schedule (GS) grade
levels 09–15 or equivalent. No new
appointments may be made under this
authority after December 31, 2013.
E:\FR\FM\12FEN1.SGM
12FEN1
Agencies
[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9945-9951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03201]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0023]
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: Submit comments by March 14, 2013. Requests for a hearing or
leave to intervene must be filed by April 15,
[[Page 9946]]
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 (SUNSI) is necessary to respond
to this notice must request document access by February 22, 2013.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and are publically available,
by searching on https://www.regulations.gov under Docket ID NRC-2013-
0023. 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-2013-0023. 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-2013-0023 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document by any of the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0023.
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-2013-0023 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 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 as well as enter the comment submissions into
ADAMS. 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 (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 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
[[Page 9947]]
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's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be issued in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment.
All documents filed in 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 NRC'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-
[[Page 9948]]
Filing system time-stamps the document and sends the submitter an email
notice confirming receipt of the document. The E-Filing system also
distributes an email notice that provides access to the document to the
NRC's Office of the General Counsel and any others who have advised the
Office of the Secretary that they wish to participate in the
proceeding, so that the filer need not serve the documents on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before a hearing request/petition to intervene
is filed so that they can obtain access to the document via the E-
Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. 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.
Entergy Operations, Inc., System Energy Resources, Inc., South
Mississippi Electric Power Association and Entergy Mississippi, Inc.,
Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1 (GGNS), Claiborne
County, Mississippi
Date of amendment request: October 26, 2012. A publicly available
version is in ADAMS under Accession No. ML12306A519.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would delete paragraph 2.C.(32), Partial Feedwater Heating,
of the GGNS facility operating license to allow GGNS to operate with
the Final Feedwater Temperature Reduction (FFWTR) at the end of a fuel
cycle for the purpose of extending the cycle. The FFWTR flexibility
option would allow operating with a reduction of 100 degrees Fahrenheit
([deg]F) in the feedwater temperature at rated thermal power
conditions.
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 effect of operating with Final Feedwater Temperature
Reduction (FFWTR) on the probability and consequences of accidents,
Anticipated Operational Occurrences (AOO), and events documented in
the Updated Final Safety Analysis (UFSAR) was reviewed.
The impact of FFWTR on the Design Basis Accident (DBA) Loss-of-
Coolant Accident (LOCA) was considered. Evaluations and analyses
determined that the current licensing basis peak cladding
temperature (PCT) of the fuel remains applicable for operating the
Grand Gulf Nuclear Station (GGNS) with FFWTR. The analysis results
indicate the following:
The calculated maximum fuel element cladding
temperature does not exceed 2,200 [deg]F.
The calculated total local oxidation does not exceed
17% times the total cladding thickness.
The calculated total amount of hydrogen generated from
a chemical reaction of the cladding with water or steam is less than
1% times the hypothetical amount if all the metal in the cladding
cylinder were to react.
The core remains amenable to long term cooling, and
there is sufficient long term core cooling available.
Analysis also demonstrated that FFWTR operation at GGNS
continues to meet design limits for the DBA-LOCA peak drywell
pressure and temperature. Therefore, there is no increase in the
consequence of an accident previously evaluated in the UFSAR.
The only AOO that requires consideration in assessing the effect
of FFWTR on event consequences is the feedwater controller failure--
increasing flow (FWCF). This is based upon the finding that the
other AOOs are less sensitive to a reduction in feedwater
temperature. The rated power and off-rated Power Distribution
Limits, Critical Power Ratio (CPR), and Linear Heat Generation Rate
(LHGR), for the FWCF event are validated on a cycle-specific basis
to ensure compliance with: (1) the Safety Limit Minimum Critical
Power Ratio (SLMCPR) and (2) the fuel rod thermal mechanical
acceptance criteria of avoiding fuel centerline melt and 1% cladding
plastic strain. Consequently, there is no increase in the
consequences of an AOO previously evaluated.
The impact of FFWTR on the consequences of the following events
was also considered: Anticipated Transient without Scram (ATWS),
vessel overpressure, thermal-hydraulic stability, and High Energy
Line Break (HELB). The evaluation of ATWS and vessel overpressure
concluded the consequences of the events at normal feedwater
temperature remain bounding for
[[Page 9949]]
FFWTR. The evaluation of HELB determined the impact was bounded by
the current design basis. The cycle-specific determinations and
validations performed in accordance with NRC-approved methods ensure
that the SLMCPR will be protected if a thermal-hydraulic instability
event were to occur. Therefore, there is no increase in the
consequence of these events previously evaluated in the UFSAR.
In addition, the following areas were also evaluated. The
reactor power level and operating pressure are not changed. FFWTR
has no effect on the decay heat. Current design limits associated
with long-term containment analyses, including a recirculation
suction line break (RSLB), loss of offsite power (LOOP),
intermediate break accident (IBA), small break accident (SBA), and
NUREG-0783 safety/relief valve (SRV) steam discharge events continue
to be supported without change. Therefore, there is no increase in
the consequence of these events previously evaluated in the UFSAR.
The probability of an accident is not affected by the proposed
changes since no structures, systems or components (SSC) that could
initiate an accident are affected. Therefore, the proposed changes
do not significantly increase the probability of any previously
evaluated accident.
Based on the above discussion, 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 does not alter the design function of any
SSC. The implementation of FFWTR operation does not create the
possibility of a new or different kind of accident. Power
Distribution Limits for CPR, LHGR and Average Planar Linear Heat
Generation Rate (APLHGR), and OPRM setpoints, which are determined
in accordance with NRC-approved methods and are included in the Core
Operating Limits Report (COLR) as part of the normal reload
licensing process, continue to assure that core operation is in
accordance with the conditions currently assumed for event
initiation.
FFWTR was reviewed against the accidents, AOOs, and events
documented in the UFSAR. This review determined there is no adverse
impact; the existing design basis remains bounding. In addition, the
proposed change does not involve new system interactions or
equipment modifications to the plant. FFWTR does not involve any new
type of testing or maintenance. Therefore, there are no new design
basis failure mechanisms, malfunctions, or accident initiators
created by the proposed change.
The existing low power scram bypass setpoint based on turbine
first stage pressure and the calculated change in steam flow was
evaluated. The current setpoint is based on operating with a 100
[deg]F reduction in feedwater temperature; therefore, the setpoint
is unaffected by FFWTR.
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 change involve a significant reduction in a
margin of safety?
Response: No.
The AOOs and accidents described in the UFSAR were evaluated for
effects caused by the reduced feedwater temperature. For cycle-
independent considerations, the evaluations determined that the
consequences of the events are either: (1) bounded by the current
design and licensing basis results; (2) are within design acceptance
criteria; or (3) do not change in a manner that would reduce the
margin of safety. For cycle-specific considerations, cycle-specific
analyses utilizing NRC-approved methods that produce the values of
the limits documented in the COLR continue to assure that core
operation is maintained within the existing design basis and safety
limits. No design basis or safety limit is altered by the proposed
change.
The existing low power scram bypass setpoint based on turbine
first stage pressure and the calculated change in steam flow was
evaluated. The current setpoint is based on operating with a
100[emsp14][deg]F reduction in feedwater temperature; therefore, the
setpoint is unaffected by FFWTR.
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.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.
Entergy Operations, Inc., System Energy Resources, Inc., South
Mississippi Electric Power Association and Entergy Mississippi, Inc.,
Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1 (GGNS), Claiborne
County, Mississippi
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)
[[Page 9950]]
above, the NRC staff will notify the requestor in writing that access
to SUNSI has been granted. The written notification will contain
instructions on how the requestor may obtain copies of the requested
documents, and any other conditions that may apply to access to those
documents. These conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective
Order\2\ setting forth terms and conditions to prevent the unauthorized
or inadvertent disclosure of SUNSI by each individual who will be
granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 6th day of February 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.
[[Page 9951]]
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. 2013-03201 Filed 2-11-13; 8:45 am]
BILLING CODE 7590-01-P