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, 15747-15753 [2013-05022]
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
Dated at Rockville, Maryland, this 4th day
of March 2013.
For the Nuclear Regulatory Commission.
Kevin A. Coyne,
Chief, Probabilistic Risk Assessment Branch,
Division of Risk Analysis, Office of Nuclear
Regulatory Research.
[FR Doc. 2013–05618 Filed 3–11–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 55–23694–SP; ASLBP No. 13–
925–01–SP–BD01]
Charlissa C. Smith (Denial of Senior
Reactor Operator License)
Notice of Atomic Safety and Licensing
Board Reconstitution
Pursuant to 10 CFR 2.313(c) and
2.321(b), the Atomic Safety and
Licensing Board (Board) in the abovecaptioned Charlissa C. Smith case is
hereby reconstituted because
Administrative Judge Alan S. Rosenthal,
who has been serving as Board
Chairman, is unavailable for continued
service on this case. Administrative
Judge Ronald M. Spritzer, who currently
is serving on the Board, is appointed to
serve as the Board Chairman, and
Administrative Judge William J.
Froehlich is appointed to serve as the
third member of the Board in place of
Judge Rosenthal.
All correspondence, documents, and
other materials shall continue to be filed
in accordance with the NRC E-Filing
rule. See 10 CFR 2.302 et seq.
Issued at Rockville, Maryland this 5th day
of March 2013.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. 2013–05614 Filed 3–11–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
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[NRC–2013–0039]
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.
AGENCY:
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License amendment request;
opportunity to comment, request a
hearing, and petition for leave to
intervene, order.
ACTION:
Comments must be filed by April
11, 2013. A request for a hearing must
be filed by May 13, 2013. Any potential
party as defined in section 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 March 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–2013–0039. 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–2013–0039. 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:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0039 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0039.
• 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/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
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15747
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–
0039 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 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 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.
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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 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
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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’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 entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
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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 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
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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 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
agency’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 Webbased 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’s
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.
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Upon receipt of a transmission, the EFiling 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.
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Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. 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.
Nine Mile Point Nuclear Station, LLC,
Docket No. 50–410, Nine Mile Point
Nuclear Station, Unit 2, Oswego County,
New York
Date of amendment request:
November 21, 2012. A publicly
available version is in ADAMS under
Accession No. ML123380336.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment
would revise NMP2 Technical
Specification (TS) Section 3.4.11, ‘‘RCS
Pressure and Temperature (P/T)
Limits,’’ by replacing the existing
reactor vessel heatup and cooldown rate
limits and the pressure and temperature
(P–T) limit curves with references to the
Pressure and Temperature Limits Report
(PTLR). In addition, a new definition for
the PTLR would be added to TS Section
1.1, ‘‘Definitions,’’ and a new section
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addressing administrative requirements
for the PTLR would be added to TS
Section 5.0, ‘‘Administrative Controls.’’
Relocation of the P–T limit curves to
the PTLR is consistent with the
guidance provided in NRC approved
General Electric Hitachi Nuclear
Engineering (GEH) Licensing Topical
Report, NEDC–33178P–A, Revision 1,
‘‘General Electric Methodology for
Development of Reactor Pressure Vessel
Pressure-Temperature Curves.’’ This
topical report uses the guidelines
provided in NRC Generic Letter (GL)
96–03, ‘‘Relocation of the Pressure
Temperature Limit Curves and Low
Temperature Overpressure Protection
System Limits.’’ The proposed TS
changes are consistent with the
guidance provided in GL 96–03 as
supplemented by Technical
Specification Task Force (TSTF) traveler
TSTF–419–A, ‘‘Revise PTLR Definition
and References in ISTS [Improved
Standard Technical Specifications]
5.6.6, RCS PTLR.’’
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 amendment modifies the TS
by replacing references to existing reactor
vessel heatup and cooldown rate limits and
P–T limit curves with references to the PTLR.
The proposed amendment also adopts the
NRC-approved methodology of NEDC–
33178P–A for the preparation of NMP2 P–T
limit curves. In 10 CFR Part 50, Appendix G,
requirements are established to protect the
integrity of the reactor coolant pressure
boundary (RCPB) in nuclear power plants.
Implementing the NRC-approved
methodology for calculating P–T limit curves
and relocating those curves to the PTLR
provide an equivalent level of assurance that
RCPB integrity will be maintained, as
specified in 10 CFR Part 50, Appendix G.
The proposed amendment does not
adversely affect accident initiators or
precursors, and does not alter the design
assumptions, conditions, or configuration of
the plant or the manner in which the plant
is operated and maintained. The ability of
structures, systems, and components to
perform their intended safety functions is not
altered or prevented by the proposed
changes, and the assumptions used in
determining the radiological consequences of
previously evaluated accidents are not
affected.
Therefore, the proposed amendment does
not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
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2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The change in methodology for calculating
P–T limits and the relocation of those limits
to the PTLR do not alter or involve any
design basis accident initiators. RCPB
integrity will continue to be maintained in
accordance with 10 CFR Part 50, Appendix
G, and the accident performance of plant
structures, systems and components will not
be affected. These changes do not involve
any physical alteration of the plant (i.e., no
new or different type of equipment will be
installed), and installed equipment is not
being operated in a new or different manner.
Thus, no new failure modes are introduced.
Therefore, the proposed amendment does
not create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed amendment does not affect
the function of the RCPB or its response
during plant transients. By calculating the P–
T limits using NRC-approved methodology,
adequate margins of safety relating to RCPB
integrity are maintained. The proposed
changes do not alter the manner in which
safety limits, limiting safety system settings,
or limiting conditions for operation are
determined, there are no changes to setpoints
at which protective actions are initiated, and
the operability requirements for equipment
assumed to operate for accident mitigation
are not affected.
Therefore, the proposed amendment 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: Carey W.
Fleming, Senior Counsel, Constellation
Energy Nuclear Group, LLC, 100
Constellation Way, Suite 200C,
Baltimore, MD 21202.
NRC Branch Chief: George Wilson.
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:
September 25, 2012, as supplemented
by letter dated December 20, 2012 (NL–
12–1893). A publicly available version
of the September 25, 2012, letter is in
ADAMS under Accession No.
ML12279A235.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
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amendment requests the review and
approval for adoption of a new fire
protection licensing basis which
complies with the requirements in 10
CFR 50.48(a) and 50.48(c), and the
guidance in Regulatory Guide (RG)
1.205, Revision 1, Risk-Informed,
Performance-Based Fire Protection for
Existing Light-Water Nuclear Power
Plants.
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 transition to NFPA 805 involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
Operation of Farley Nuclear Plant, Units 1
and 2, in accordance with the proposed
amendment does not increase the probability
or consequences of accidents previously
evaluated. Engineering analyses, which may
include engineering evaluations,
probabilistic safety assessments, and fire
modeling calculations, have been performed
to demonstrate that the performance-based
requirements of NFPA 805 have been
satisfied. The Updated Final Safety Analysis
Report (UFSAR) documents the analyses of
design basis accidents at Farley Nuclear
Plant, Units 1 and 2. The proposed
amendment does not affect accident
initiators, nor does it alter design
assumptions, conditions, or configurations of
the facility that would increase the
probability of accidents previously evaluated.
Further, the changes to be made for fire
hazard protection and mitigation do not
adversely affect the ability of structures,
systems, or components (SSCs) to perform
their design functions for accident
mitigation, nor do they affect the postulated
initiators or assumed failure modes for
accidents described and evaluated in the
UFSAR. Structures, systems, or components
required to safely shutdown the reactor and
to maintain it in a safe shutdown condition
will remain capable of performing their
design functions.
The purpose of the proposed amendment
is to permit Farley Nuclear Plant, Units 1 and
2, to adopt a new fire protection licensing
basis which complies with the requirements
of 10 CFR 50.48(a) and (c) and the guidance
in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an
acceptable methodology and performance
criteria for licensees to identify fire
protection requirements that are an
acceptable alternative to the 10 CFR Part 50,
Appendix R required fire protection features
(69 FR 33536; June 16, 2004). Engineering
analyses, which may include engineering
evaluations, probabilistic safety assessments,
and fire modeling calculations, have been
performed to demonstrate that the
performance-based requirements of NFPA
805 have been met.
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NFPA taken as a whole, provides an
acceptable alternative for satisfying General
Design Criterion 3 (GDC 3) of Appendix A to
10 CFR Part 50, meets the underlying intent
of the NRC’s existing fire protection
regulations and guidance, and provides for
defense-in-depth. The goals, performance
objectives, and performance criteria specified
in Chapter 1 of the standard ensure that, if
there are any increases in core damage
frequency or risk, the increase will be small
and consistent with the intent of the
Commission’s Safety Goal Policy. Based on
this, the implementation of the proposed
amendment does not increase the probability
of any accident previously evaluated.
Equipment required to mitigate an accident
remains capable of performing the assumed
function(s). The proposed amendment will
not affect the source term, containment
isolation, or radiological release assumptions
used in evaluating the radiological
consequences of any accident previously
evaluated. The applicable radiological dose
criteria will continue to be met.
Therefore, the consequences of any
accident previously evaluated are not
increased with the implementation of the
proposed amendment.
2. Does the transition to NFPA 805 create
the possibility of a new or different kind of
accident from any kind of accident
previously evaluated?
Response: No.
Operation of Farley Nuclear Plant, Units 1
and 2, in accordance with the proposed
amendment does not create the possibility of
a new or different kind of accident from any
accident previously evaluated. The proposed
change does not alter the requirements or
functions for systems required during
accident conditions. Implementation of the
new fire protection licensing basis which
complies with the requirements of 10 CFR
50.48(a) and (c) and the guidance Regulatory
Guide 1.205 will not result in new or
different accidents.
The proposed amendment does not
introduce new or different accident initiators,
nor does it alter design assumptions,
conditions, or configurations of the facility.
The proposed amendment does not adversely
affect the ability of SSCs to perform their
design function. Structures, systems, or
components required to safely shutdown the
reactor and maintain it in a safe shutdown
condition remain capable of performing their
design functions.
The purpose of the proposed amendment
is to permit Farley Nuclear Plant, Units 1 and
2, to adopt a new fire protection licensing
basis which complies with the requirements
of 10 CFR 50.48(a) and (c) and the guidance
in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an
acceptable methodology and appropriate
performance criteria for licensees to identify
fire protection systems and features that are
an acceptable alternative to the 10 CFR Part
50, Appendix R required fire protection
features (69 FR 33536; June 16, 2004).
The requirements of NFPA 805 address
only fire protection and the impacts of fire
on the plant that have previously been
evaluated. Based on this, implementation of
the proposed amendment would not create
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the possibility of a new or different kind of
accident from any kind of accident
previously evaluated. No new accident
scenarios, transient precursors, failure
mechanisms, or limiting single failures will
be introduced as a result of this amendment.
There will be no adverse effect or challenges
imposed on any safety-related system as a
result of this amendment.
Therefore, the possibility of a new or
different kind of accident from any kind of
accident previously evaluated is not created
with the implementation of the proposed
amendment.
3. Does the transition to NFPA 805 involve
a significant reduction in the margin of
safety?
Response: No.
Operation of Farley Nuclear Plant, Units 1
and 2, in accordance with the proposed
amendment does not involve a significant
reduction in the margin of safety. The
proposed amendment does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation are determined. The safety analysis
acceptance criteria are not affected by this
change. The proposed amendment does not
adversely affect existing plant safety margins
or the reliability of equipment assumed to
mitigate accidents in the UFSAR. The
proposed amendment does not adversely
affect the ability of SSCs to perform their
design function. Structures, systems, or
components required to safely shut down the
reactor and to maintain it in a safe shutdown
condition remain capable of performing their
design functions.
The purpose of the proposed amendment
is to permit Farley Nuclear Plant, Units 1 and
2, to adopt a new fire protection licensing
basis which complies with the requirements
in 10 CFR 50.48(a) and (c) and the guidance
in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an
acceptable methodology and performance
criteria for licensees to identify fire
protection systems and features that are an
acceptable alternative to the 10 CFR Part 50,
Appendix R required fire protection features
(69 FR 33536; June 16, 2004). Engineering
analyses, which may include engineering
evaluations, probabilistic safety assessments,
and fire modeling calculations, have been
performed to demonstrate that the
performance based requirements of NFPA
805 do not result in a significant reduction
in the margin of safety.
The proposed changes are evaluated to
ensure that risk and safety margins are kept
within acceptable limits.
Therefore, the transition to NFPA 805 does
not involve a significant reduction in the
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review; it appears that the three
standards of 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
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
15751
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
Nine Mile Point Nuclear Station, LLC,
Docket No. 50–410, Nine Mile Point
Nuclear Station, Unit 2, Oswego County,
New York
Southern Nuclear Operating Company,
Inc., Docket Nos. 50–348 and 50–364,
Joseph M. Farley Nuclear Plant, Units 1
and 2, Houston County, Alabama
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
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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.
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 26th 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).
10 .............
60 .............
20 .............
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25 .............
30 .............
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
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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 00073
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.
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15753
Day
Event/activity
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.
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.
A ..............
A + 3 ........
A + 28 ......
A + 53 ......
A + 60 ......
>A + 60 ....
[FR Doc. 2013–05022 Filed 3–11–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0048]
Maintenance, Testing, and
Replacement of Vented Lead-Acid
Storage Batteries for Nuclear Power
Plants
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment Draft Regulatory Guide, DG–
1269 ‘‘Maintenance, Testing, and
Replacement of Vented Lead-Acid
Storage Batteries for Nuclear Power
Plants.’’ The draft guide describes
methods that the NRC staff consider
acceptable for use in complying with
the agency’s regulations with regard to
the maintenance, testing, and
replacement of vented lead-acid storage
batteries in nuclear power plants.
DATES: Submit comments by May 13,
2013. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
ADDRESSES: You may access information
and comment submissions related to
this document, which the NRC
possesses and is publicly available, by
searching on https://www.regulations.gov
under Docket ID NRC–2013–0048. You
may submit comments by any of the
following methods:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:21 Mar 11, 2013
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• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0048. 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.
FOR FURTHER INFORMATION CONTACT:
Liliana Ramadan, telephone: 301–251–
7642, email: liliana.ramadan@nrc.gov,
or Edward O’Donnell, telephone: 301–
251–7455, or by email:
edward.odonnell@nrc.gov. Both of the
Office of Nuclear Regulatory Research,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0048 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0048.
• 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-
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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 draft
regulatory guide is available
electronically under ADAMS Accession
No. ML110870131. The regulatory
analysis may be found in ADAMS under
Accession No. ML110870160.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
• 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–
0048 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
E:\FR\FM\12MRN1.SGM
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Agencies
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15747-15753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05022]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0039]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing, and petition for leave to intervene, order.
-----------------------------------------------------------------------
DATES: Comments must be filed by April 11, 2013. A request for a
hearing must be filed by May 13, 2013. Any potential party as defined
in section 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 March 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-
0039. 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-2013-0039. 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-2013-0039 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0039.
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-2013-0039 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 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 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.
[[Page 15748]]
This notice includes notices of amendments containing SUNSI.
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses and Combined Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``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 entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment.
All documents filed in the NRC adjudicatory proceedings, including
a request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC'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
[[Page 15749]]
at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC's guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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.
Nine Mile Point Nuclear Station, LLC, Docket No. 50-410, Nine Mile
Point Nuclear Station, Unit 2, Oswego County, New York
Date of amendment request: November 21, 2012. A publicly available
version is in ADAMS under Accession No. ML123380336.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise NMP2 Technical Specification (TS) Section
3.4.11, ``RCS Pressure and Temperature (P/T) Limits,'' by replacing the
existing reactor vessel heatup and cooldown rate limits and the
pressure and temperature (P-T) limit curves with references to the
Pressure and Temperature Limits Report (PTLR). In addition, a new
definition for the PTLR would be added to TS Section 1.1,
``Definitions,'' and a new section
[[Page 15750]]
addressing administrative requirements for the PTLR would be added to
TS Section 5.0, ``Administrative Controls.''
Relocation of the P-T limit curves to the PTLR is consistent with
the guidance provided in NRC approved General Electric Hitachi Nuclear
Engineering (GEH) Licensing Topical Report, NEDC-33178P-A, Revision 1,
``General Electric Methodology for Development of Reactor Pressure
Vessel Pressure-Temperature Curves.'' This topical report uses the
guidelines provided in NRC Generic Letter (GL) 96-03, ``Relocation of
the Pressure Temperature Limit Curves and Low Temperature Overpressure
Protection System Limits.'' The proposed TS changes are consistent with
the guidance provided in GL 96-03 as supplemented by Technical
Specification Task Force (TSTF) traveler TSTF-419-A, ``Revise PTLR
Definition and References in ISTS [Improved Standard Technical
Specifications] 5.6.6, RCS PTLR.''
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 amendment modifies the TS by replacing references
to existing reactor vessel heatup and cooldown rate limits and P-T
limit curves with references to the PTLR. The proposed amendment
also adopts the NRC-approved methodology of NEDC-33178P-A for the
preparation of NMP2 P-T limit curves. In 10 CFR Part 50, Appendix G,
requirements are established to protect the integrity of the reactor
coolant pressure boundary (RCPB) in nuclear power plants.
Implementing the NRC-approved methodology for calculating P-T limit
curves and relocating those curves to the PTLR provide an equivalent
level of assurance that RCPB integrity will be maintained, as
specified in 10 CFR Part 50, Appendix G.
The proposed amendment does not adversely affect accident
initiators or precursors, and does not alter the design assumptions,
conditions, or configuration of the plant or the manner in which the
plant is operated and maintained. The ability of structures,
systems, and components to perform their intended safety functions
is not altered or prevented by the proposed changes, and the
assumptions used in determining the radiological consequences of
previously evaluated accidents are not affected.
Therefore, the proposed 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 change in methodology for calculating P-T limits and the
relocation of those limits to the PTLR do not alter or involve any
design basis accident initiators. RCPB integrity will continue to be
maintained in accordance with 10 CFR Part 50, Appendix G, and the
accident performance of plant structures, systems and components
will not be affected. These changes do not involve any physical
alteration of the plant (i.e., no new or different type of equipment
will be installed), and installed equipment is not being operated in
a new or different manner. Thus, no new failure modes are
introduced.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed amendment does not affect the function of the RCPB
or its response during plant transients. By calculating the P-T
limits using NRC-approved methodology, adequate margins of safety
relating to RCPB integrity are maintained. The proposed changes do
not alter the manner in which safety limits, limiting safety system
settings, or limiting conditions for operation are determined, there
are no changes to setpoints at which protective actions are
initiated, and the operability requirements for equipment assumed to
operate for accident mitigation are not affected.
Therefore, the proposed amendment 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: Carey W. Fleming, Senior Counsel,
Constellation Energy Nuclear Group, LLC, 100 Constellation Way, Suite
200C, Baltimore, MD 21202.
NRC Branch Chief: George Wilson.
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: September 25, 2012, as supplemented by
letter dated December 20, 2012 (NL-12-1893). A publicly available
version of the September 25, 2012, letter is in ADAMS under Accession
No. ML12279A235.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment requests the review and approval for adoption of a new fire
protection licensing basis which complies with the requirements in 10
CFR 50.48(a) and 50.48(c), and the guidance in Regulatory Guide (RG)
1.205, Revision 1, Risk-Informed, Performance-Based Fire Protection for
Existing Light-Water Nuclear Power Plants.
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 transition to NFPA 805 involve a significant
increase in the probability or consequences of an accident
previously evaluated?
Response: No.
Operation of Farley Nuclear Plant, Units 1 and 2, in accordance
with the proposed amendment does not increase the probability or
consequences of accidents previously evaluated. Engineering
analyses, which may include engineering evaluations, probabilistic
safety assessments, and fire modeling calculations, have been
performed to demonstrate that the performance-based requirements of
NFPA 805 have been satisfied. The Updated Final Safety Analysis
Report (UFSAR) documents the analyses of design basis accidents at
Farley Nuclear Plant, Units 1 and 2. The proposed amendment does not
affect accident initiators, nor does it alter design assumptions,
conditions, or configurations of the facility that would increase
the probability of accidents previously evaluated. Further, the
changes to be made for fire hazard protection and mitigation do not
adversely affect the ability of structures, systems, or components
(SSCs) to perform their design functions for accident mitigation,
nor do they affect the postulated initiators or assumed failure
modes for accidents described and evaluated in the UFSAR.
Structures, systems, or components required to safely shutdown the
reactor and to maintain it in a safe shutdown condition will remain
capable of performing their design functions.
The purpose of the proposed amendment is to permit Farley
Nuclear Plant, Units 1 and 2, to adopt a new fire protection
licensing basis which complies with the requirements of 10 CFR
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an acceptable methodology and
performance criteria for licensees to identify fire protection
requirements that are an acceptable alternative to the 10 CFR Part
50, Appendix R required fire protection features (69 FR 33536; June
16, 2004). Engineering analyses, which may include engineering
evaluations, probabilistic safety assessments, and fire modeling
calculations, have been performed to demonstrate that the
performance-based requirements of NFPA 805 have been met.
[[Page 15751]]
NFPA taken as a whole, provides an acceptable alternative for
satisfying General Design Criterion 3 (GDC 3) of Appendix A to 10
CFR Part 50, meets the underlying intent of the NRC's existing fire
protection regulations and guidance, and provides for defense-in-
depth. The goals, performance objectives, and performance criteria
specified in Chapter 1 of the standard ensure that, if there are any
increases in core damage frequency or risk, the increase will be
small and consistent with the intent of the Commission's Safety Goal
Policy. Based on this, the implementation of the proposed amendment
does not increase the probability of any accident previously
evaluated. Equipment required to mitigate an accident remains
capable of performing the assumed function(s). The proposed
amendment will not affect the source term, containment isolation, or
radiological release assumptions used in evaluating the radiological
consequences of any accident previously evaluated. The applicable
radiological dose criteria will continue to be met.
Therefore, the consequences of any accident previously evaluated
are not increased with the implementation of the proposed amendment.
2. Does the transition to NFPA 805 create the possibility of a
new or different kind of accident from any kind of accident
previously evaluated?
Response: No.
Operation of Farley Nuclear Plant, Units 1 and 2, in accordance
with the proposed amendment does not create the possibility of a new
or different kind of accident from any accident previously
evaluated. The proposed change does not alter the requirements or
functions for systems required during accident conditions.
Implementation of the new fire protection licensing basis which
complies with the requirements of 10 CFR 50.48(a) and (c) and the
guidance Regulatory Guide 1.205 will not result in new or different
accidents.
The proposed amendment does not introduce new or different
accident initiators, nor does it alter design assumptions,
conditions, or configurations of the facility. The proposed
amendment does not adversely affect the ability of SSCs to perform
their design function. Structures, systems, or components required
to safely shutdown the reactor and maintain it in a safe shutdown
condition remain capable of performing their design functions.
The purpose of the proposed amendment is to permit Farley
Nuclear Plant, Units 1 and 2, to adopt a new fire protection
licensing basis which complies with the requirements of 10 CFR
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an acceptable methodology and
appropriate performance criteria for licensees to identify fire
protection systems and features that are an acceptable alternative
to the 10 CFR Part 50, Appendix R required fire protection features
(69 FR 33536; June 16, 2004).
The requirements of NFPA 805 address only fire protection and
the impacts of fire on the plant that have previously been
evaluated. Based on this, implementation of the proposed amendment
would not create the possibility of a new or different kind of
accident from any kind of accident previously evaluated. No new
accident scenarios, transient precursors, failure mechanisms, or
limiting single failures will be introduced as a result of this
amendment. There will be no adverse effect or challenges imposed on
any safety-related system as a result of this amendment.
Therefore, the possibility of a new or different kind of
accident from any kind of accident previously evaluated is not
created with the implementation of the proposed amendment.
3. Does the transition to NFPA 805 involve a significant
reduction in the margin of safety?
Response: No.
Operation of Farley Nuclear Plant, Units 1 and 2, in accordance
with the proposed amendment does not involve a significant reduction
in the margin of safety. The proposed amendment does not alter the
manner in which safety limits, limiting safety system settings or
limiting conditions for operation are determined. The safety
analysis acceptance criteria are not affected by this change. The
proposed amendment does not adversely affect existing plant safety
margins or the reliability of equipment assumed to mitigate
accidents in the UFSAR. The proposed amendment does not adversely
affect the ability of SSCs to perform their design function.
Structures, systems, or components required to safely shut down the
reactor and to maintain it in a safe shutdown condition remain
capable of performing their design functions.
The purpose of the proposed amendment is to permit Farley
Nuclear Plant, Units 1 and 2, to adopt a new fire protection
licensing basis which complies with the requirements in 10 CFR
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC
considers that NFPA 805 provides an acceptable methodology and
performance criteria for licensees to identify fire protection
systems and features that are an acceptable alternative to the 10
CFR Part 50, Appendix R required fire protection features (69 FR
33536; June 16, 2004). Engineering analyses, which may include
engineering evaluations, probabilistic safety assessments, and fire
modeling calculations, have been performed to demonstrate that the
performance based requirements of NFPA 805 do not result in a
significant reduction in the margin of safety.
The proposed changes are evaluated to ensure that risk and
safety margins are kept within acceptable limits.
Therefore, the transition to NFPA 805 does not involve a
significant reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review; it appears that the three standards of 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
Nine Mile Point Nuclear Station, LLC, Docket No. 50-410, Nine Mile
Point Nuclear Station, Unit 2, Oswego County, New York
Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County,
Alabama
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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[[Page 15752]]
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 26th 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).
[[Page 15753]]
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. 2013-05022 Filed 3-11-13; 8:45 am]
BILLING CODE 7590-01-P