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, 35066-35071 [2013-13695]
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Operating Licenses (FOLs) to allow the
use of neutron absorbing inserts in the
spent fuel pool storage racks for the
purpose of criticality control in the
spent fuel pools.
Date of issuance: May 21, 2013.
Effective date: As of the date of
issuance, to be implemented within 60
days.
Amendments Nos.: 287 and 290.
Renewed Facility Operating License
Nos. DPR–44 and DPR–56: The
amendments revised the FOLs and TSs.
Date of initial notice in Federal
Register: June 5, 2012 (77 FR 33247).
The letters dated December 22, 2011,
April 4, 2012, May 17, 2012, June 21,
2012, August 15, 2012, November 13,
2012, and April 18, 2013, provided
clarifying information that did not
change the initial proposed no
significant hazards consideration
determination or expand the application
beyond the scope of the original Federal
Register notice.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated May 21, 2013.
No significant hazards consideration
comments received: No.
FirstEnergy Nuclear Operating
Company (FENOC), et al., Docket No.
50–440, Perry Nuclear Power Plant, Unit
1 (PNPP), Lake County, Ohio
Date of amendment request:
September 5, 2012.
Description of amendment request:
The proposed amendment would
modify PNPP’s Technical Specifications
(TS) Table 3.3.5.1–1, ‘‘Emergency Core
Cooling System (ECCS)
Instrumentation,’’ footnote (a) to require
ECCS instrumentation to be operable
only when the associated ECCS
subsystems are required to be operable.
This proposed change is consistent with
Nuclear Regulatory Commission (NRC)approved TS Task Force (TSTF) change
traveler TSTF–275–A, Revision 0.
Additionally, the proposed
amendment would add exceptions to
the diesel generator (DG) surveillance
requirements (SRs) for TS 3.8.2, ‘‘AC
Sources—Shutdown,’’ to eliminate the
requirement that the DG be capable of
responding to ECCS initiation signals
while the ECCS subsystems are not
required to be operable. This proposed
change is consistent with NRC-approved
TSTF–300–A, Revision 0.
Date of issuance: May 16, 2013.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment No.: 164.
Facility Operating License No. NPF–
58: This amendment revised the
Technical Specifications and License.
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Date of initial notice in Federal
Register: January 8, 2013 (78 FR 1270).
The Commission’s related evaluation of
the amendment is contained in a Safety
Evaluation dated May 6, 2013.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 3rd day
of June 2013.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013–13689 Filed 6–10–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0106]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to comment, request a
hearing, and petition for leave to
intervene, order.
AGENCY:
Comments must be filed by July
11, 2013. A request for a hearing must
be filed by August 12, 2013. Any
potential party as defined in § 2.4 of
Title 10 of the Code of Federal
Regulations (10 CFR), who believes
access to Sensitive Unclassified NonSafeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by June 21,
2013.
DATES:
You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0106. 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, Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
ADDRESSES:
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Commission, Washington, DC 20555–
0001.
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–
0106 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0106.
• 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
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–
0106 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 you 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
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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.
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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.
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 request involves
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 the
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
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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 for leave 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’s 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
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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
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request involves a significant hazards
consideration, then any hearing held
would take place before the issuance of
any amendment.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition for leave to
intervene, and documents filed by
interested governmental entities
participating under 10 CFR 2.315(c),
must be filed in accordance with the
NRC’s E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process
requires participants to submit and
serve all adjudicatory documents over
the internet, or in some cases to mail
copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
an exemption in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to request (1) a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an 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.
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If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC Web site.
Further information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at 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 NRC’s
guidance available on the NRC public
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is
considered complete at the time the
documents are submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the 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 for leave to intervene is filed so
that they can obtain access to the
document via the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at 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
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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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. 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
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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.
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Detroit Edison, Docket No. 50–341,
Fermi 2, Monroe County, Michigan
Date of amendment request: February
7, 2013, supplemented by letters dated
March 8, 2013, and April 5, 2013. The
publicly available versions are available
in ADAMS under Accession Nos.
ML13043A659, ML13070A197, and
ML13095A456, respectively.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
amendment would revise the Fermi 2
Operating License and Technical
Specifications to implement an increase
of approximately 1.64 percent in rated
thermal power from the current licensed
thermal power of 3430 megawatts
thermal (MWt) to 3486 MWt. The
proposed changes are based on
increased feedwater flow measurement
accuracy, which was achieved by
utilizing Cameron International
(formerly Caldon) CheckPlusTM Leading
Edge Flow Meter (LEFM) ultrasonic
flow measurement instrumentation.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below.
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No
The reviews and evaluations performed to
support the proposed uprated power
conditions included all components and
systems that would be affected by the
proposed changes. All accident mitigation
systems will function as designed, and all
performance requirements for these systems
have been evaluated and were found
acceptable. Thus, the proposed changes do
not create any new accident initiators or
increase the probability of an accident
previously evaluated.
The primary loop components (e.g., reactor
vessel, reactor internals, control rod drive
housings, piping and supports, and
recirculation pumps) remain within their
applicable structural limits and will continue
to perform their intended design functions.
Thus, there is no increase in the probability
of a structural failure of these components.
The nuclear steam supply systems will
continue to perform their intended design
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functions during normal and accident
conditions. The balance of plant systems and
components continue to meet their
applicable structural limits and will continue
to perform their intended design functions.
Thus, there is no increase in the probability
of a failure of these components. The safety
relief valves and containment isolation
valves meet design sizing requirements at the
uprated power level. Because the integrity of
the plant will not be affected by operation at
the uprated condition, DTE has concluded
that all structures, systems, and components
required to mitigate a transient remain
capable of fulfilling their intended functions.
A majority of the current safety analyses
remain applicable, since they were
performed at power levels that bound
operation at a core power of 3486 MWt.
Other analyses previously performed at the
current licensed thermal power level have
either been evaluated or re-performed for the
increased power level. The results
demonstrate that acceptance criteria of the
applicable analyses continue to be met at the
uprated conditions. As such, all applicable
accident analyses continue to comply with
the relevant event acceptance criteria. The
analyses performed to assess the effects of
mass and energy releases remain valid. The
source terms used to assess radiological
consequences have been reviewed and
determined to bound operation at the uprated
condition.
The proposed changes add test
requirements to the revised TS instrument
function related to variables that have a
significant safety function to ensure that
instruments will function as required to
initiate protective systems or actuate
mitigating systems at the point assumed in
the applicable safety analysis. Surveillance
tests are not an initiator to any accident
previously evaluated. As a result, the
probability of any accident previously
evaluated is not significantly increased. The
systems and components required by the TSs
for which surveillance test requirements are
added are still required to be operable, meet
the acceptance criteria for the surveillance
requirements, and be capable of performing
any mitigation function assumed in the
accident analysis. Therefore, the proposed
changes do not involve a significant increase
in the probability or consequences of an
accident previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No
No new accident scenarios, failure
mechanisms, or limiting single failures are
introduced as a result of the proposed
changes. All systems, structures, and
components previously required for the
mitigation of a transient remain capable of
fulfilling their intended design functions.
The proposed changes have no adverse
effects on any safety-related system or
component and do not challenge the
performance or integrity of any safety-related
system.
The proposed changes to surveillance test
requirements for the revised TS instrument
function involve a physical alteration of the
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35069
plant, i.e., a change in an instrument
setpoint, but do not involve installation of a
new or different type of equipment. The
proposed changes do not alter assumptions
made in the safety analysis but ensures that
the instruments perform as assumed in the
accident analysis. The proposed changes are
consistent with the safety analysis
assumptions.
Therefore, the proposed changes do not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No
Operation at the uprated power condition
does not involve a significant reduction in a
margin of safety. Analyses of the primary
fission product barriers have concluded that
relevant design criteria remain satisfied, both
from the standpoint of the integrity of the
primary fission product barrier, and from the
standpoint of compliance with the required
acceptance criteria. As appropriate, all
evaluations have been performed using
methods that have either been reviewed or
approved by the Nuclear Regulatory
Commission, or that are in compliance with
regulatory review guidance and standards.
The proposed changes add test
requirements to the revised TS instrument
function that (1) will assure that TS
instrumentation Allowable Values will be
limiting settings for assessing instrument
channel operability, and (2) will be
conservatively determined so that evaluation
of instrument performance history and the As
Left Tolerance requirements of the
calibration procedures will not have an
adverse effect on equipment operability. The
testing methods and acceptance criteria for
systems, structures, and components,
specified in applicable codes and standards
(or alternatives approved for use by the
Nuclear Regulatory Commission) will
continue to be met as described in the plant
licensing basis including the updated Final
Safety Analysis Report. There is no impact to
safety analysis acceptance criteria as
described in the plant licensing basis because
no change is made to the accident analysis
assumptions.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, 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: Bruce R.
Masters, DTE Energy, General Council—
Regulatory, 688 WCB, One Energy Plaza,
Detroit, MI 48226–1279.
NRC Branch Chief: Robert D. Carlson.
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35070
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Detroit Edison, Docket No. 50–341,
Fermi 2, Monroe County, Michigan
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) 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
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
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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 4th day
of June, 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
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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35071
Day
Event/activity
0 ...............
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions
for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the
potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff
makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of
redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the
proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion
seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement
for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse
determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 .............
60 .............
20 .............
25 .............
30 .............
40 .............
A ..............
A + 3 ........
A + 28 ......
A + 53 ......
A + 60 ......
>A + 60 ....
[FR Doc. 2013–13695 Filed 6–10–13; 8:45 am]
Week of July 8, 2013—Tentative
BILLING CODE 7590–01–P
Tuesday, July 9, 2013
9:30 a.m.
Briefing on Security Issues (Closed—
Ex. 1)
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission [NRC–2013–
0001]
Weeks of June 10, 17, 24, July 1,
8, 15, 2013.
DATES:
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
PLACE:
STATUS:
Public and Closed.
Week of June 10, 2013
There are no meetings scheduled for
the week of June 10, 2013.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Week of June 17, 2013—Tentative
There are no meetings scheduled for
the week of June 17, 2013.
Week of June 24, 2013—Tentative
There are no meetings scheduled for
the week of June 24, 2013.
Week of July 1, 2013—Tentative
There are no meetings scheduled for
the week of July 1, 2013.
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Wednesday, July 10, 2013
9:00 a.m.
Briefing on NRC International
Activities (Part 1) (Public Meeting)
(Contact: Karen Henderson, 301–
415–0202)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
10:30 a.m.
Briefing on NRC International
Activities (Part 2) (Closed—Ex. 1 &
9) (Contact: Karen Henderson, 301–
415–0202)
Thursday, July 11, 2013
9:30 a.m.
Meeting with the Advisory Committee
on Reactor Safeguards (ACRS)
(Public Meeting) (Contact: Ed
Hackett, 301–415–7360)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of July 15, 2013—Tentative
There are no meetings scheduled for
the week of July 15, 2013.
*
*
*
*
*
* The schedule for Commission
meetings is subject to change on short
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notice. To verify the status of meetings,
call (recording)—301–415–1292.
Contact person for more information:
Rochelle Bavol, 301–415–1651.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, or
by email at kimberly.meyerchambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an email to
darlene.wright@nrc.gov.
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]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35066-35071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13695]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0106]
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 July 11, 2013. A request for a hearing
must be filed by August 12, 2013. Any potential party as defined in
Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who
believes access to Sensitive Unclassified Non-Safeguards Information
(SUNSI) is necessary to respond to this notice must request document
access by June 21, 2013.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0106. 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, Office of Administration, Mail
Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
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-2013-0106 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0106.
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-2013-0106 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 you
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
[[Page 35067]]
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.
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 request involves 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 the 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 for leave 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's regulations are accessible electronically from the NRC Library on
the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
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
[[Page 35068]]
request involves a significant hazards consideration, then any hearing
held would take place before the issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition for leave to intervene, and documents
filed by interested governmental entities participating under 10 CFR
2.315(c), must be filed in accordance with the NRC's E-Filing rule (72
FR 49139, August 28, 2007). The E-Filing process requires participants
to submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Participants may
not submit paper copies of their filings unless they seek an exemption
in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC's guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
for leave to intervene is filed so that they can obtain access to the
document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
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
[[Page 35069]]
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.
Detroit Edison, Docket No. 50-341, Fermi 2, Monroe County, Michigan
Date of amendment request: February 7, 2013, supplemented by
letters dated March 8, 2013, and April 5, 2013. The publicly available
versions are available in ADAMS under Accession Nos. ML13043A659,
ML13070A197, and ML13095A456, respectively.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise the Fermi 2 Operating License and Technical
Specifications to implement an increase of approximately 1.64 percent
in rated thermal power from the current licensed thermal power of 3430
megawatts thermal (MWt) to 3486 MWt. The proposed changes are based on
increased feedwater flow measurement accuracy, which was achieved by
utilizing Cameron International (formerly Caldon) CheckPlus\TM\ Leading
Edge Flow Meter (LEFM) ultrasonic flow measurement instrumentation.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below.
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No
The reviews and evaluations performed to support the proposed
uprated power conditions included all components and systems that
would be affected by the proposed changes. All accident mitigation
systems will function as designed, and all performance requirements
for these systems have been evaluated and were found acceptable.
Thus, the proposed changes do not create any new accident initiators
or increase the probability of an accident previously evaluated.
The primary loop components (e.g., reactor vessel, reactor
internals, control rod drive housings, piping and supports, and
recirculation pumps) remain within their applicable structural
limits and will continue to perform their intended design functions.
Thus, there is no increase in the probability of a structural
failure of these components.
The nuclear steam supply systems will continue to perform their
intended design functions during normal and accident conditions. The
balance of plant systems and components continue to meet their
applicable structural limits and will continue to perform their
intended design functions. Thus, there is no increase in the
probability of a failure of these components. The safety relief
valves and containment isolation valves meet design sizing
requirements at the uprated power level. Because the integrity of
the plant will not be affected by operation at the uprated
condition, DTE has concluded that all structures, systems, and
components required to mitigate a transient remain capable of
fulfilling their intended functions.
A majority of the current safety analyses remain applicable,
since they were performed at power levels that bound operation at a
core power of 3486 MWt. Other analyses previously performed at the
current licensed thermal power level have either been evaluated or
re-performed for the increased power level. The results demonstrate
that acceptance criteria of the applicable analyses continue to be
met at the uprated conditions. As such, all applicable accident
analyses continue to comply with the relevant event acceptance
criteria. The analyses performed to assess the effects of mass and
energy releases remain valid. The source terms used to assess
radiological consequences have been reviewed and determined to bound
operation at the uprated condition.
The proposed changes add test requirements to the revised TS
instrument function related to variables that have a significant
safety function to ensure that instruments will function as required
to initiate protective systems or actuate mitigating systems at the
point assumed in the applicable safety analysis. Surveillance tests
are not an initiator to any accident previously evaluated. As a
result, the probability of any accident previously evaluated is not
significantly increased. The systems and components required by the
TSs for which surveillance test requirements are added are still
required to be operable, meet the acceptance criteria for the
surveillance requirements, and be capable of performing any
mitigation function assumed in the accident analysis. Therefore, the
proposed changes do not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No
No new accident scenarios, failure mechanisms, or limiting
single failures are introduced as a result of the proposed changes.
All systems, structures, and components previously required for the
mitigation of a transient remain capable of fulfilling their
intended design functions. The proposed changes have no adverse
effects on any safety-related system or component and do not
challenge the performance or integrity of any safety-related system.
The proposed changes to surveillance test requirements for the
revised TS instrument function involve a physical alteration of the
plant, i.e., a change in an instrument setpoint, but do not involve
installation of a new or different type of equipment. The proposed
changes do not alter assumptions made in the safety analysis but
ensures that the instruments perform as assumed in the accident
analysis. The proposed changes are consistent with the safety
analysis assumptions.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No
Operation at the uprated power condition does not involve a
significant reduction in a margin of safety. Analyses of the primary
fission product barriers have concluded that relevant design
criteria remain satisfied, both from the standpoint of the integrity
of the primary fission product barrier, and from the standpoint of
compliance with the required acceptance criteria. As appropriate,
all evaluations have been performed using methods that have either
been reviewed or approved by the Nuclear Regulatory Commission, or
that are in compliance with regulatory review guidance and
standards.
The proposed changes add test requirements to the revised TS
instrument function that (1) will assure that TS instrumentation
Allowable Values will be limiting settings for assessing instrument
channel operability, and (2) will be conservatively determined so
that evaluation of instrument performance history and the As Left
Tolerance requirements of the calibration procedures will not have
an adverse effect on equipment operability. The testing methods and
acceptance criteria for systems, structures, and components,
specified in applicable codes and standards (or alternatives
approved for use by the Nuclear Regulatory Commission) will continue
to be met as described in the plant licensing basis including the
updated Final Safety Analysis Report. There is no impact to safety
analysis acceptance criteria as described in the plant licensing
basis because no change is made to the accident analysis
assumptions.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, 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: Bruce R. Masters, DTE Energy, General
Council--Regulatory, 688 WCB, One Energy Plaza, Detroit, MI 48226-1279.
NRC Branch Chief: Robert D. Carlson.
[[Page 35070]]
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Detroit Edison, Docket No. 50-341, Fermi 2, Monroe County, Michigan
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective 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 4th day of June, 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
[[Page 35071]]
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0..................... Publication of Federal Register notice of
hearing and opportunity to petition for leave
to intervene, including order with instructions
for access requests.
10.................... Deadline for submitting requests for access to
Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing the
need for the information in order for the
potential party to participate meaningfully in
an adjudicatory proceeding.
60.................... Deadline for submitting petition for
intervention containing: (i) Demonstration of
standing; (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention; +7
requestor/petitioner reply).
20.................... Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe standing
can be established and shows need for SUNSI.
(NRC staff also informs any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information.) If NRC staff makes the
finding of need for SUNSI and likelihood of
standing, NRC staff begins document processing
(preparation of redactions or review of
redacted documents).
25.................... If NRC staff finds no ``need'' or no likelihood
of standing, the deadline for requestor/
petitioner to file a motion seeking a ruling to
reverse the NRC staff's denial of access; NRC
staff files copy of access determination with
the presiding officer (or Chief Administrative
Judge or other designated officer, as
appropriate). If NRC staff finds ``need'' for
SUNSI, the deadline for any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30.................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40.................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file motion
for Protective Order and draft Non-Disclosure
Affidavit. Deadline for applicant/licensee to
file Non-Disclosure Agreement for SUNSI.
A..................... If access granted: Issuance of presiding officer
or other designated officer decision on motion
for protective order for access to sensitive
information (including schedule for providing
access and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3................. Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI consistent
with decision issuing the protective order.
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to) the
information and the deadline for filing all
other contentions (as established in the notice
of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by
that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI.
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
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[FR Doc. 2013-13695 Filed 6-10-13; 8:45 am]
BILLING CODE 7590-01-P
