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, 49298-49305 [2013-19320]
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0171]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to comment, opportunity to
request a hearing and petition for leave
to intervene; order.
AGENCY:
Comments must be filed by
September 12, 2013. A request for a
hearing or petition for leave to intervene
must be filed by October 15, 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 SUNSI is necessary to respond
to this notice must request document
access by August 23, 2013.
ADDRESSES: You may submit comment
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–2013–0171. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: 3WFN,
06A44M, 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:
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DATES:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0171 when contacting the NRC about
the availability of information regarding
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this document. You may access
publicly-available information related to
this action by the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0171.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
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–
0171 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 posts all comment
submissions at https://
www.regulations.gov as well as entering
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
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Commission publish notice of any
amendments issued or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license or combined
license, as applicable, upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This notice includes notices of
amendments containing SUNSI.
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses and Combined Licenses,
Proposed No Significant Hazards
Consideration Determination, and
Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
Involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 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
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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/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
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provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, then any hearing held
would take place before the issuance of
any amendment.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC’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
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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.
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
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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.
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 to
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.
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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 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 three factors in 10 CFR
2.309(c)(1)(i)–(iii).
For further details with respect to this
amendment action, see the application
for amendment which is available for
public inspection at the NRC’s PDR,
located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852.
Publicly available documents created or
received at the NRC are accessible
electronically through ADAMS in the
NRC’s Library at https://www.nrc.gov/
reading-rm/adams.html. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the PDR’s
Reference staff at 1–800–397–4209, 301–
415–4737, or by email to
pdr.resource@nrc.gov.
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Carolina Power and Light Company,
Docket Nos. 50–325 and 50–324,
Brunswick Steam Electric Plant, Units 1
and 2, Brunswick County, North
Carolina
Date of amendment request:
September 25, 2012, as supplemented
by letter dated December 17, 2012. A
publicly available version is in ADAMS
under Accession No. ML12285A428.
Description of amendment request:
This license amendment request (LAR)
contains sensitive unclassified nonsafeguards information (SUNSI). The
LAR requests NRC review and approval
for adoption of a new risk-informed,
performance-based (RI–PB) fire
protection licensing basis for Brunswick
Steam Electric Plant, Units 1 and 2. The
request is submitted in accordance with
the requirements in 10 CFR 50.48(a) and
(c), and the guidance in NRC Regulatory
Guide (RG) 1.205, ‘‘Risk-Informed
Performance-Based Fire Protection for
Existing Light-Water Nuclear Power
Plants,’’ National Fire Protection
Association (NFPA) 805, ‘‘PerformanceBased Standard for Fire Protection for
Light Water Reactor Electric Generating
Plants (2001),’’ and Nuclear Energy
Institute (NEI) 04–02, ‘‘Guidance for
Implementing a Risk-Informed,
Performance-Based Fire Protection
Program under 10 CFR 50.48(c).’’
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
Criterion 1: Does the proposed change
involve a significant increase in the
probability or consequences of an accident
previously evaluated?
Response: No.
Operation of the Brunswick Steam Electric
Plant (BSEP), Units 1 and 2 in accordance
with the proposed amendment does not
result in a significant increase in the
probability or consequences of accidents
previously evaluated. The proposed
amendment does not affect accident initiators
or precursors as described in the BSEP
Updated Final Safety Analysis Report
(UFSAR), nor does it adversely alter design
assumptions, conditions, or configurations of
the facility, and it does not adversely impact
the ability of structures, systems, or
components (SSCs) to perform their intended
function to mitigate the consequences of an
initiating event within the assumed
acceptance limits. The proposed changes do
not affect the way in which safety-related
systems perform their functions as required
by the accident analysis. The SSCs required
to safely shut down the reactor and to
maintain it in a safe shutdown condition will
remain capable of performing their design
functions.
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The purpose of this amendment is to
permit BSEP, Units 1 and 2 to adopt a new
risk-informed, performance-based fire
protection licensing basis that complies with
the requirements in 10 CFR 50.48(a) and 10
CFR 50.48(c), as well as the guidance
contained in Regulatory Guide (RG) 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, fire protection features (69 FR
33536; June 16, 2004). Engineering analyses,
which may include engineering evaluations,
probabilistic risk assessments, and fire
modeling calculations, have been performed
to demonstrate that the performance-based
requirements of NFPA 805 have been met.
NFPA 805, 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 achieves
defense-in-depth along with the goals,
performance objectives, and performance
criteria specified in NFPA 805, Chapter 1. In
addition, if there are any increases in core
damage frequency (CDF) or risk as a result of
the transition to NFPA 805, the increase will
be small, governed by the delta risk
requirements of NFPA 805, and consistent
with the intent of the Commission’s Safety
Goal Policy.
Based on the above, the implementation of
this amendment to transition the Fire
Protection Plan at BSEP, Units 1 and 2 to one
based on NFPA 805, in accordance with 10
CFR 50.48(c), does not result in a significant
increase in the probability of any accident
previously evaluated.
In addition, all equipment required to
mitigate an accident remains capable of
performing the assumed function.
Therefore, the consequences of any
accident previously evaluated are not
significantly increased with the
implementation of this amendment.
Criterion 2: Does the proposed change create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
Operation of BSEP, 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. Any scenario or
previously analyzed accident with offsite
dose consequences was included in the
evaluation of design basis accidents (DBA)
documented in the UFSAR as a part of the
transition to NFPA 805. The proposed
amendment does not impact these accident
analyses. The proposed change does not alter
the requirements or functions for systems
required during accident conditions, nor
does it alter the required mitigation
capability of the fire protection program, or
its functioning during accident conditions as
assumed in the licensing basis analyses and/
or DBA radiological consequences
evaluations.
The proposed amendment does not
adversely affect accident initiators nor alter
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design assumptions, or conditions of the
facility. The proposed amendment does not
adversely affect the ability of SSCs to perform
their design function. SSCs required to
maintain the unit in a safe and stable
condition remains capable of performing
their design functions. The purpose of the
proposed amendment is to permit BSEP,
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 Revision 1 of RG 1.205. As
indicated in the Statements of Consideration,
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 fire protection features.
The requirements in NFPA 805 address
only fire protection and the impacts of fire
effects on the plant have been evaluated. The
proposed fire protection program changes do
not involve new failure mechanisms or
malfunctions that could initiate a new or
different kind of accident beyond those
already analyzed in the UFSAR. Based on
this, as well as the discussion above, the
implementation of this amendment to
transition the Fire Protection Plan at BSEP,
Units 1 and 2 to one based on NFPA 805, in
accordance with 10 CFR 50.48(c), does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
Criterion 3: Does the proposed change
involve a significant reduction in a margin of
safety?
Response: No.
Operation of BSEP, Units 1 and 2 in
accordance with the proposed amendment
does not involve a significant reduction in a
margin of safety. The transition to a new riskinformed, performance-based fire protection
licensing basis that complies with the
requirements in 10 CFR 50.48(a) and 10 CFR
50.48(c) 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 in the
UFSAR to mitigate accidents.
The proposed change does not adversely
impact systems that respond to safely shut
down the plant and maintain the plant in a
safe shutdown condition. In addition, the
proposed amendment will not result in plant
operation in a configuration outside the
design basis for an unacceptable period of
time without implementation of appropriate
compensatory measures. The purpose of the
proposed amendment is to permit BSEP,
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).
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The risk evaluations for plant changes, in
part as they relate to the potential for
reducing a safety margin, were measured
quantitatively for acceptability using the
delta risk guidance contained in RG 1.205.
Engineering analyses, which may include
engineering evaluations, probabilistic safety
assessments, and fire modeling calculations,
have been performed to demonstrate that the
performance-based methods of NFPA 805 do
not result in a significant reduction in the
margin of safety.
As such, the proposed changes are
evaluated to ensure that risk and safety
margins are kept within acceptable limits.
Based on the above, the implementation of
this amendment to transition the Fire
Protection Plan at BSEP, Units 1 and 2 to one
based on NFPA 805, in accordance with 10
CFR 50.48(c), will not significantly reduce 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: Ms. Lara S.
Nichols, 550 South Tryon Street, M/C
DEC45A, Charlotte NC 28202.
NRC Branch Chief: Jessie Quichocho.
Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant (BFN),
Units 1, 2, and 3, Limestone County,
Alabama
Date of amendment request: February
28, 2013. A publicly available version is
in ADAMS under Accession No.
ML13070A307.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
license amendment would add three
AREVA NP analysis methodologies to
the list of approved methods to be used
in determining core operating limits in
Technical Specification (TS) 5.6.5, Core
Operating Limits Report (COLR). This
proposed change would support a
planned transition to AREVA ATRIUM–
10XM (XM) fuel design. In addition, the
amendment would also revise TS 2.1.1.2
to change the safety limit minimum
critical power ratio value for BFN Unit
2.
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:
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1. Does the proposed Technical Specification
change involve a significant increase in the
probability or consequences of an accident
previously evaluated?
Response: No.
Changing the fuel design, adding the
additional approved methodologies to the
Technical Specifications, and revising the
unit 2 SLMCPR [Safety Limit Minimum
Critical Power Ratio] value in the Technical
Specifications will not increase the
probability of a LOCA [Loss-of-Coolant
Accident]. The fuel cannot increase the
probability of a primary coolant system
breach or rupture, as there is no interaction
between the fuel and the system piping. The
fuel will continue to meet the 10 CFR 50.46
limits for peak clad temperature, oxidation
fraction, and hydrogen generation. Therefore,
the consequences of a LOCA will not be
increased.
Similarly, changing fuel type and revising
the Technical Specifications as proposed
cannot increase the probability of an
abnormal operating occurrence (AOO). As a
passive component, the fuel does not interact
with plant operating or control systems.
Therefore, the fuel change cannot affect the
initiators of the previously evaluated AOO
transient events. Thermal limits for the new
fuel will be determined on a reload specific
basis, ensuring the specified acceptable fuel
design limits continue to be met. Therefore,
the consequences of a previously evaluated
AOO will not increase.
The refueling accident is potentially
affected by a change in fuel design, due to
the mechanical interaction between the fuel
and the refueling equipment. However, the
probability of the refueling accident with XM
fuel is not increased because the upper bail
handle is designed to be mechanically
compatible with existing fuel handling
equipment. The design weight of the XM
design is similar to other designs in use at
BFN, and is well within the design capability
of the refueling equipment. The
consequences of the refueling accident are
similar to the current ATRIUM–10 fuel,
remaining well within the design basis (7×7
fuel) evaluation in the UFSAR [Updated
Final Safety Analysis Report].
The probability of a control rod drop
accident does not increase because the XM
fuel channel is mechanically compatible with
the co-resident ATRIUM–10 fuel, and the
existing control blade designs. The
mechanical interaction and friction forces
between the XM fuel channel, and control
blades, would not be higher than previous
designs. In addition, routine plant testing
includes confirmation of adequate control
blade to control rod drive coupling. The
probability of a rod drop accident is not
increased with the use of XM fuel. Control
rod drop accident consequences are
evaluated on a cycle specific basis,
confirming the number of calculated fuel rod
failures remains with the UFSAR design
basis.
The dose consequences of all the
previously evaluated UFSAR accidents
remain with the limits of 10 CFR 50.67.
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2. Does the proposed Technical Specification
change create the possibility of a new or
different kind of accident from any accident
previously evaluated?
Response: No.
The XM fuel product has been designed to
maintain neutronic, thermal-hydraulic, and
mechanical compatibility with the NSSS
[nuclear steam supply system] vendor fuel
designs. The XM fuel has been designed to
meet fuel licensing criteria specified in
NUREG–0800, ‘‘Standard Review Plan for
Review of Safety Analysis Reports for
Nuclear Power Plants.’’ Compliance with
these criteria ensures the fuel will not fail in
an unexpected manner.
A change in fuel design and revising the
Technical Specifications as proposed cannot
create any new accident initiators because
the fuel is a passive component, having no
direct influence on the performance of
operating plant systems and equipment.
Hence, a fuel design change cannot create a
new type of malfunction leading to a new or
different kind of transient or accident.
Consequently, the proposed fuel design
change does not create the possibility of a
new or different kind of accident from any
accident previously evaluated.
3. Does the proposed Technical Specification
change involve a significant reduction in a
margin of safety?
Response: No.
The XM fuel is designed to comply with
the fuel licensing criteria specified in
NUREG–0800. Reload specific and cycle
independent safety analyses are performed
ensuring no fuel failures will occur as the
result of abnormal operational transients, and
dose consequences for accidents remain with
the bounds of 10 CFR 50.67. All regulatory
margins and requirements are maintained.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
Based on the above, TVA concludes the
proposed amendment does not involve a
significant hazards consideration under the
standards set forth in 10 CFR 50.92(c), and,
accordingly, a finding of ‘‘no significant
hazards consideration’’ is justified.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West
Tower, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie F.
Quichocho.
Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant (BFN),
Units 1, 2 and 3, Limestone County,
Alabama
Date of amendment request: March
27, 2013 (publicly available version is in
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ADAMS under Accession No.
ML13092A392), as supplemented by
letter dated May 16, 2013 (ADAMS
Accession No. ML13141A291).
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
license amendment requests NRC
approval to adopt a new fire protection
licensing basis that complies with the
requirements in 10 CFR 50.48(a), 10
CFR 50.48(c), and the guidance in
Regulatory Guide 1.205, Revision 1,
‘‘Risk-Informed, Performance Based Fire
Protection for Existing Light-Water
Nuclear Power Plants.’’ This license
amendment request also follows the
guidance in Nuclear Energy Institute
04–02, Revision 2, ‘‘Guidance for
Implementing a Risk-Informed,
Performance-Based Fire Protection
Program Under 10 CFR 50.48(c).’’ If
approved, the BFN fire protection
program would transition to a new riskinformed, performance-based alternative
in accordance with 10 CFR 50.48(c),
which incorporates by reference
National Fire Protection Association
Standard 805.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed Technical Specification
change involve a significant increase in the
probability or consequences of an accident
previously evaluated?
Response: No.
Operation of Browns Ferry Nuclear Plant
(BFN) in accordance with the proposed
amendment does not involve a significant
increase in the probability or consequences
of accidents previously evaluated. The
Updated Final Safety Analysis Report
(UFSAR) documents the analyses of design
basis accidents (DBAs) at BFN. The proposed
amendment does not adversely affect
accident initiators nor alter design
assumptions, conditions, or configurations of
the facility and does not adversely affect the
ability of structures, systems, and
components (SSCs) to perform their design
function. SSCs required to safely shut down
the reactor and to maintain it in a safe
shutdown (SSD) condition will remain
capable of performing their design functions.
The purpose of this amendment is to
permit BFN 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 Revision 1 of Regulatory
Guide (RG) 1.205. The NRC considers that
National Fire Protection Association (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
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50, Appendix R fire protection features.
Engineering analyses, in accordance with
NFPA 805, have been performed to
demonstrate that the risk-informed,
performance-based (RI–PB) requirements per
NFPA 805 have been met.
NFPA 805, taken as a whole, provides an
acceptable alternative to 10 CFR 50.48(b) and
satisfies 10 CFR 50.48(a) and General Design
Criterion 3 of Appendix A to 10 CFR Part 50
and meets the underlying intent of the NRC’s
existing fire protection regulations and
guidance, achieves defense-in-depth (DID)
and the goals, performance objectives, and
performance criteria specified in Chapter 1 of
NFPA 805. Additionally, 10 CFR 50.48(c)
allows self approval of fire protection
program changes post-transition. If there are
any increases post-transition in core damage
frequency or risk, the increase will be small
and consistent with the intent of the
Commission’s Safety Goal Policy.
The improved modeling associated with
the elimination of Containment Accident
Pressure credit does not change the design
functions of the systems. By maintaining
these functions, the probability or
consequences of an accident previously
evaluated is not significantly increased.
Based on this, the implementation of this
amendment does not involve a significant
increase in the probability of any accident
previously evaluated. Equipment required to
mitigate an accident remains capable of
performing the assumed function. Therefore,
the implementation of this amendment does
not involve a significant increase in the
consequences of an accident previously
evaluated.
2. Does the proposed technical specification
change create the possibility of a new or
different kind of accident from any accident
previously evaluated?
Response: No.
Operation of BFN 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 function for systems
required during accident conditions.
Implementation of the new fire protection
licensing basis which complies with the
requirements in 10 CFR 50.48(a) and (c) and
the guidance in Revision 1 of RG 1.205 will
not result in new or different accidents. The
proposed amendment does not adversely
affect accident initiators nor alter design
assumptions, conditions, or configurations of
the facility.
The proposed amendment does not
adversely affect the ability of SSCs to perform
their design function. SSCs required to safely
shut down the reactor and maintain it in a
safe shutdown condition remain capable of
performing their design functions.
The purpose of this amendment is to
permit BFN 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 Revision 1 of RG 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
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acceptable alternative to the 10 CFR Part 50,
Appendix R fire protection features.
The requirements in NFPA 805 address
only fire protection and the impacts of fire
on the plant that have already been
evaluated. Based on this, the implementation
of this amendment does not create the
possibility of a new or different kind of
accident from any kind of accident
previously evaluated. The proposed changes
do not involve new failure mechanisms or
malfunctions that can initiate a new accident.
The improved modeling associated with
the elimination of Containment Accident
Pressure credit does not change the design
functions of the systems. The systems are not
accident initiators and by maintaining their
current functions, they do not create the
possibility of a new or different kind of
accident.
Therefore, the implementation of this
amendment does not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
3. Does the proposed technical specification
change involve a significant reduction in a
margin of safety?
Response: No.
Operation of BFN 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. SSCs required to safely shut
down the reactor and to maintain it in a safe
shutdown condition remain capable of
performing their design function.
The purpose of this amendment is to
permit BFN 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 Revision 1 of RG 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 fire protection features.
Engineering analyses, which may include
engineering evaluations, probabilistic safety
assessments, and fire modeling calculations,
have been performed to demonstrate that the
performance-based methods do not result in
a significant reduction in the margin of
safety.
The improved modeling associated with
the elimination of Containment Accident
Pressure credit does not change the design
functions within the applicable limits.
Based on this, the implementation of this
amendment does not significantly reduce the
margin of safety. The proposed changes are
evaluated to ensure that the risk and safety
margins are kept within acceptable limits.
Therefore, the transition does not involve a
significant reduction in the margin of safety.
The requirements of NFPA 805 are structured
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49303
to implement the NRC’s mission to protect
public health and safety, promote the
common defense and security, and protect
the environment. NFPA 805 is also consistent
with the key principles for evaluating license
basis changes, as described in RG 1.174, is
consistent with the DID philosophy, and
maintains sufficient safety margins.
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: General
Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West
Tower, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie F.
Quichocho.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
Carolina Power and Light Company,
Docket Nos. 50–325 and 50–324,
Brunswick Steam Electric Plant, Units 1
and 2, Brunswick County, North
Carolina
Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant, Units 1, 2,
and 3, Limestone County, Alabama
Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant, Units 1, 2
and 3, Limestone County, Alabama
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing 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 of this notice 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
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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
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 5th day
of August 2013.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting 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 petitioner/requestor reply).
10 ....................................................
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60 ....................................................
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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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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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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49305
Day
Event/Activity
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).
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.
25 ....................................................
30 ....................................................
40 ....................................................
A ......................................................
A + 3 ...............................................
A + 28 .............................................
A + 53 .............................................
A + 60 .............................................
>A + 60 ...........................................
[FR Doc. 2013–19320 Filed 8–12–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446; NRC–
2013–0182]
Luminant Generation Company LLC,
Comanche Peak Nuclear Power Plant,
Unit Nos. 1 and 2; Application for
Amendment to Facility Operating
License
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal.
AGENCY:
Please refer to Docket ID
NRC–2013–0182 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly available,
using any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0182. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• 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-
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ADDRESSES:
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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.
FOR FURTHER INFORMATION CONTACT:
Balwant K. Singal, Senior Project
Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–3016; email:
Balwant.singal@nrc.gov.
The U.S.
Nuclear Regulatory Commission (NRC)
has granted the request of Luminant
Generation Company LLC (the licensee)
to withdraw its application dated
October 2, 2012 (ADAMS Accession No.
ML12285A091), for a proposed
amendment to Facility Operating
License Nos. NPF–87 and NPF–89 for
the Comanche Peak Nuclear Power
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
Plant, Unit Nos. 1 and 2, respectively,
located in Somervell County, Texas.
The proposed amendment would
have revised Technical Specification
(TS) 3.3.1, ‘‘Reactor Trip System (RTS)
Instrumentation,’’ and TS 3.3.2,
‘‘Engineered Safety Feature Actuation
System (ESFAS) Instrumentation,’’ to
relocate the TS requirements for the
following instruments to the Technical
Requirements Manual, a licenseecontrolled document:
• Pressurizer Water Level—High (RTS
Function No. 9),
• Trip of all Main Feedwater Pumps
(ESFAS Function No. 6.g),
• ESFAS Interlock Reactor Trip, P–4
(ESFAS Function No. 8.a).
The proposed changes would have
relocated the TS requirements in their
entirety and would not have resulted in
deletion or alteration of any RTS or
ESFAS requirements. The proposed
relocation of the TS requirements for
these RTS and ESFAS instrument
Functions was based on the application
of TS criteria of Title 10 of the Code of
Federal Regulations, (10 CFR) paragraph
50.36(c)(2)(ii).
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on January 22,
2013 (78 FR 4472). However, by letter
dated July 25, 2013 (ADAMS Accession
No. ML13218A100), the licensee
withdrew the proposed change.
For further details with respect to this
action, see the application for
E:\FR\FM\13AUN1.SGM
13AUN1
Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49298-49305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19320]
[[Page 49298]]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0171]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, opportunity
to request a hearing and petition for leave to intervene; order.
-----------------------------------------------------------------------
DATES: Comments must be filed by September 12, 2013. A request for a
hearing or petition for leave to intervene must be filed by October 15,
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 SUNSI is
necessary to respond to this notice must request document access by
August 23, 2013.
ADDRESSES: You may submit comment 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-2013-0171. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN, 06A44M, 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-2013-0171 when contacting the NRC
about the availability of information regarding this document. You may
access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0171.
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-2013-0171 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 posts all comment submissions at https://www.regulations.gov as well as entering 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.
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
[[Page 49299]]
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 NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition
[[Page 49300]]
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 to
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 three factors in 10
CFR 2.309(c)(1)(i)-(iii).
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC's Library at https://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR's Reference staff at 1-800-397-4209, 301-415-4737, or
by email to pdr.resource@nrc.gov.
Carolina Power and Light Company, Docket Nos. 50-325 and 50-324,
Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County, North
Carolina
Date of amendment request: September 25, 2012, as supplemented by
letter dated December 17, 2012. A publicly available version is in
ADAMS under Accession No. ML12285A428.
Description of amendment request: This license amendment request
(LAR) contains sensitive unclassified non-safeguards information
(SUNSI). The LAR requests NRC review and approval for adoption of a new
risk-informed, performance-based (RI-PB) fire protection licensing
basis for Brunswick Steam Electric Plant, Units 1 and 2. The request is
submitted in accordance with the requirements in 10 CFR 50.48(a) and
(c), and the guidance in NRC Regulatory Guide (RG) 1.205, ``Risk-
Informed Performance-Based Fire Protection for Existing Light-Water
Nuclear Power Plants,'' National Fire Protection Association (NFPA)
805, ``Performance-Based Standard for Fire Protection for Light Water
Reactor Electric Generating Plants (2001),'' and Nuclear Energy
Institute (NEI) 04-02, ``Guidance for Implementing a Risk-Informed,
Performance-Based Fire Protection Program under 10 CFR 50.48(c).''
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
Criterion 1: Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Operation of the Brunswick Steam Electric Plant (BSEP), Units 1
and 2 in accordance with the proposed amendment does not result in a
significant increase in the probability or consequences of accidents
previously evaluated. The proposed amendment does not affect
accident initiators or precursors as described in the BSEP Updated
Final Safety Analysis Report (UFSAR), nor does it adversely alter
design assumptions, conditions, or configurations of the facility,
and it does not adversely impact the ability of structures, systems,
or components (SSCs) to perform their intended function to mitigate
the consequences of an initiating event within the assumed
acceptance limits. The proposed changes do not affect the way in
which safety-related systems perform their functions as required by
the accident analysis. The SSCs required to safely shut down the
reactor and to maintain it in a safe shutdown condition will remain
capable of performing their design functions.
[[Page 49301]]
The purpose of this amendment is to permit BSEP, Units 1 and 2
to adopt a new risk-informed, performance-based fire protection
licensing basis that complies with the requirements in 10 CFR
50.48(a) and 10 CFR 50.48(c), as well as the guidance contained in
Regulatory Guide (RG) 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, fire
protection features (69 FR 33536; June 16, 2004). Engineering
analyses, which may include engineering evaluations, probabilistic
risk assessments, and fire modeling calculations, have been
performed to demonstrate that the performance-based requirements of
NFPA 805 have been met.
NFPA 805, 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 achieves defense-in-
depth along with the goals, performance objectives, and performance
criteria specified in NFPA 805, Chapter 1. In addition, if there are
any increases in core damage frequency (CDF) or risk as a result of
the transition to NFPA 805, the increase will be small, governed by
the delta risk requirements of NFPA 805, and consistent with the
intent of the Commission's Safety Goal Policy.
Based on the above, the implementation of this amendment to
transition the Fire Protection Plan at BSEP, Units 1 and 2 to one
based on NFPA 805, in accordance with 10 CFR 50.48(c), does not
result in a significant increase in the probability of any accident
previously evaluated.
In addition, all equipment required to mitigate an accident
remains capable of performing the assumed function.
Therefore, the consequences of any accident previously evaluated
are not significantly increased with the implementation of this
amendment.
Criterion 2: Does the proposed change create the possibility of a new
or different kind of accident from any accident previously evaluated?
Response: No.
Operation of BSEP, 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. Any scenario or
previously analyzed accident with offsite dose consequences was
included in the evaluation of design basis accidents (DBA)
documented in the UFSAR as a part of the transition to NFPA 805. The
proposed amendment does not impact these accident analyses. The
proposed change does not alter the requirements or functions for
systems required during accident conditions, nor does it alter the
required mitigation capability of the fire protection program, or
its functioning during accident conditions as assumed in the
licensing basis analyses and/or DBA radiological consequences
evaluations.
The proposed amendment does not adversely affect accident
initiators nor alter design assumptions, or conditions of the
facility. The proposed amendment does not adversely affect the
ability of SSCs to perform their design function. SSCs required to
maintain the unit in a safe and stable condition remains capable of
performing their design functions. The purpose of the proposed
amendment is to permit BSEP, 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 Revision 1 of RG 1.205.
As indicated in the Statements of Consideration, 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 fire protection features.
The requirements in NFPA 805 address only fire protection and
the impacts of fire effects on the plant have been evaluated. The
proposed fire protection program changes do not involve new failure
mechanisms or malfunctions that could initiate a new or different
kind of accident beyond those already analyzed in the UFSAR. Based
on this, as well as the discussion above, the implementation of this
amendment to transition the Fire Protection Plan at BSEP, Units 1
and 2 to one based on NFPA 805, in accordance with 10 CFR 50.48(c),
does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Criterion 3: Does the proposed change involve a significant reduction
in a margin of safety?
Response: No.
Operation of BSEP, Units 1 and 2 in accordance with the proposed
amendment does not involve a significant reduction in a margin of
safety. The transition to a new risk-informed, performance-based
fire protection licensing basis that complies with the requirements
in 10 CFR 50.48(a) and 10 CFR 50.48(c) 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 in the UFSAR to mitigate
accidents.
The proposed change does not adversely impact systems that
respond to safely shut down the plant and maintain the plant in a
safe shutdown condition. In addition, the proposed amendment will
not result in plant operation in a configuration outside the design
basis for an unacceptable period of time without implementation of
appropriate compensatory measures. The purpose of the proposed
amendment is to permit BSEP, 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).
The risk evaluations for plant changes, in part as they relate
to the potential for reducing a safety margin, were measured
quantitatively for acceptability using the delta risk guidance
contained in RG 1.205. Engineering analyses, which may include
engineering evaluations, probabilistic safety assessments, and fire
modeling calculations, have been performed to demonstrate that the
performance-based methods of NFPA 805 do not result in a significant
reduction in the margin of safety.
As such, the proposed changes are evaluated to ensure that risk
and safety margins are kept within acceptable limits. Based on the
above, the implementation of this amendment to transition the Fire
Protection Plan at BSEP, Units 1 and 2 to one based on NFPA 805, in
accordance with 10 CFR 50.48(c), will not significantly reduce 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: Ms. Lara S. Nichols, 550 South Tryon Street,
M/C DEC45A, Charlotte NC 28202.
NRC Branch Chief: Jessie Quichocho.
Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296,
Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3, Limestone County,
Alabama
Date of amendment request: February 28, 2013. A publicly available
version is in ADAMS under Accession No. ML13070A307.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
license amendment would add three AREVA NP analysis methodologies to
the list of approved methods to be used in determining core operating
limits in Technical Specification (TS) 5.6.5, Core Operating Limits
Report (COLR). This proposed change would support a planned transition
to AREVA ATRIUM-10XM (XM) fuel design. In addition, the amendment would
also revise TS 2.1.1.2 to change the safety limit minimum critical
power ratio value for BFN Unit 2.
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:
[[Page 49302]]
1. Does the proposed Technical Specification change involve a
significant increase in the probability or consequences of an accident
previously evaluated?
Response: No.
Changing the fuel design, adding the additional approved
methodologies to the Technical Specifications, and revising the unit
2 SLMCPR [Safety Limit Minimum Critical Power Ratio] value in the
Technical Specifications will not increase the probability of a LOCA
[Loss-of-Coolant Accident]. The fuel cannot increase the probability
of a primary coolant system breach or rupture, as there is no
interaction between the fuel and the system piping. The fuel will
continue to meet the 10 CFR 50.46 limits for peak clad temperature,
oxidation fraction, and hydrogen generation. Therefore, the
consequences of a LOCA will not be increased.
Similarly, changing fuel type and revising the Technical
Specifications as proposed cannot increase the probability of an
abnormal operating occurrence (AOO). As a passive component, the
fuel does not interact with plant operating or control systems.
Therefore, the fuel change cannot affect the initiators of the
previously evaluated AOO transient events. Thermal limits for the
new fuel will be determined on a reload specific basis, ensuring the
specified acceptable fuel design limits continue to be met.
Therefore, the consequences of a previously evaluated AOO will not
increase.
The refueling accident is potentially affected by a change in
fuel design, due to the mechanical interaction between the fuel and
the refueling equipment. However, the probability of the refueling
accident with XM fuel is not increased because the upper bail handle
is designed to be mechanically compatible with existing fuel
handling equipment. The design weight of the XM design is similar to
other designs in use at BFN, and is well within the design
capability of the refueling equipment. The consequences of the
refueling accident are similar to the current ATRIUM-10 fuel,
remaining well within the design basis (7x7 fuel) evaluation in the
UFSAR [Updated Final Safety Analysis Report].
The probability of a control rod drop accident does not increase
because the XM fuel channel is mechanically compatible with the co-
resident ATRIUM-10 fuel, and the existing control blade designs. The
mechanical interaction and friction forces between the XM fuel
channel, and control blades, would not be higher than previous
designs. In addition, routine plant testing includes confirmation of
adequate control blade to control rod drive coupling. The
probability of a rod drop accident is not increased with the use of
XM fuel. Control rod drop accident consequences are evaluated on a
cycle specific basis, confirming the number of calculated fuel rod
failures remains with the UFSAR design basis.
The dose consequences of all the previously evaluated UFSAR
accidents remain with the limits of 10 CFR 50.67.
2. Does the proposed Technical Specification change create the
possibility of a new or different kind of accident from any accident
previously evaluated?
Response: No.
The XM fuel product has been designed to maintain neutronic,
thermal-hydraulic, and mechanical compatibility with the NSSS
[nuclear steam supply system] vendor fuel designs. The XM fuel has
been designed to meet fuel licensing criteria specified in NUREG-
0800, ``Standard Review Plan for Review of Safety Analysis Reports
for Nuclear Power Plants.'' Compliance with these criteria ensures
the fuel will not fail in an unexpected manner.
A change in fuel design and revising the Technical
Specifications as proposed cannot create any new accident initiators
because the fuel is a passive component, having no direct influence
on the performance of operating plant systems and equipment. Hence,
a fuel design change cannot create a new type of malfunction leading
to a new or different kind of transient or accident.
Consequently, the proposed fuel design change does not create
the possibility of a new or different kind of accident from any
accident previously evaluated.
3. Does the proposed Technical Specification change involve a
significant reduction in a margin of safety?
Response: No.
The XM fuel is designed to comply with the fuel licensing
criteria specified in NUREG-0800. Reload specific and cycle
independent safety analyses are performed ensuring no fuel failures
will occur as the result of abnormal operational transients, and
dose consequences for accidents remain with the bounds of 10 CFR
50.67. All regulatory margins and requirements are maintained.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, TVA concludes the proposed amendment does
not involve a significant hazards consideration under the standards
set forth in 10 CFR 50.92(c), and, accordingly, a finding of ``no
significant hazards consideration'' is justified.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie F. Quichocho.
Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296,
Browns Ferry Nuclear Plant (BFN), Units 1, 2 and 3, Limestone County,
Alabama
Date of amendment request: March 27, 2013 (publicly available
version is in ADAMS under Accession No. ML13092A392), as supplemented
by letter dated May 16, 2013 (ADAMS Accession No. ML13141A291).
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
license amendment requests NRC approval to adopt a new fire protection
licensing basis that complies with the requirements in 10 CFR 50.48(a),
10 CFR 50.48(c), and the guidance in Regulatory Guide 1.205, Revision
1, ``Risk-Informed, Performance Based Fire Protection for Existing
Light-Water Nuclear Power Plants.'' This license amendment request also
follows the guidance in Nuclear Energy Institute 04-02, Revision 2,
``Guidance for Implementing a Risk-Informed, Performance-Based Fire
Protection Program Under 10 CFR 50.48(c).'' If approved, the BFN fire
protection program would transition to a new risk-informed,
performance-based alternative in accordance with 10 CFR 50.48(c), which
incorporates by reference National Fire Protection Association Standard
805.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed Technical Specification change involve a
significant increase in the probability or consequences of an accident
previously evaluated?
Response: No.
Operation of Browns Ferry Nuclear Plant (BFN) in accordance with
the proposed amendment does not involve a significant increase in
the probability or consequences of accidents previously evaluated.
The Updated Final Safety Analysis Report (UFSAR) documents the
analyses of design basis accidents (DBAs) at BFN. The proposed
amendment does not adversely affect accident initiators nor alter
design assumptions, conditions, or configurations of the facility
and does not adversely affect the ability of structures, systems,
and components (SSCs) to perform their design function. SSCs
required to safely shut down the reactor and to maintain it in a
safe shutdown (SSD) condition will remain capable of performing
their design functions.
The purpose of this amendment is to permit BFN 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 Revision 1 of
Regulatory Guide (RG) 1.205. The NRC considers that National Fire
Protection Association (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
[[Page 49303]]
50, Appendix R fire protection features. Engineering analyses, in
accordance with NFPA 805, have been performed to demonstrate that
the risk-informed, performance-based (RI-PB) requirements per NFPA
805 have been met.
NFPA 805, taken as a whole, provides an acceptable alternative
to 10 CFR 50.48(b) and satisfies 10 CFR 50.48(a) and General Design
Criterion 3 of Appendix A to 10 CFR Part 50 and meets the underlying
intent of the NRC's existing fire protection regulations and
guidance, achieves defense-in-depth (DID) and the goals, performance
objectives, and performance criteria specified in Chapter 1 of NFPA
805. Additionally, 10 CFR 50.48(c) allows self approval of fire
protection program changes post-transition. If there are any
increases post-transition in core damage frequency or risk, the
increase will be small and consistent with the intent of the
Commission's Safety Goal Policy.
The improved modeling associated with the elimination of
Containment Accident Pressure credit does not change the design
functions of the systems. By maintaining these functions, the
probability or consequences of an accident previously evaluated is
not significantly increased.
Based on this, the implementation of this amendment does not
involve a significant increase in the probability of any accident
previously evaluated. Equipment required to mitigate an accident
remains capable of performing the assumed function. Therefore, the
implementation of this amendment does not involve a significant
increase in the consequences of an accident previously evaluated.
2. Does the proposed technical specification change create the
possibility of a new or different kind of accident from any accident
previously evaluated?
Response: No.
Operation of BFN 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 function for systems required during
accident conditions. Implementation of the new fire protection
licensing basis which complies with the requirements in 10 CFR
50.48(a) and (c) and the guidance in Revision 1 of RG 1.205 will not
result in new or different accidents. The proposed amendment does
not adversely affect accident initiators nor alter design
assumptions, conditions, or configurations of the facility.
The proposed amendment does not adversely affect the ability of
SSCs to perform their design function. SSCs required to safely shut
down the reactor and maintain it in a safe shutdown condition remain
capable of performing their design functions.
The purpose of this amendment is to permit BFN 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 Revision 1 of RG
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 fire protection features.
The requirements in NFPA 805 address only fire protection and
the impacts of fire on the plant that have already been evaluated.
Based on this, the implementation of this amendment does not create
the possibility of a new or different kind of accident from any kind
of accident previously evaluated. The proposed changes do not
involve new failure mechanisms or malfunctions that can initiate a
new accident.
The improved modeling associated with the elimination of
Containment Accident Pressure credit does not change the design
functions of the systems. The systems are not accident initiators
and by maintaining their current functions, they do not create the
possibility of a new or different kind of accident.
Therefore, the implementation of this amendment does not create
the possibility of a new or different kind of accident from any
accident previously evaluated.
3. Does the proposed technical specification change involve a
significant reduction in a margin of safety?
Response: No.
Operation of BFN 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. SSCs required to safely shut down the reactor
and to maintain it in a safe shutdown condition remain capable of
performing their design function.
The purpose of this amendment is to permit BFN 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 Revision 1 of RG
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 fire protection features.
Engineering analyses, which may include engineering evaluations,
probabilistic safety assessments, and fire modeling calculations,
have been performed to demonstrate that the performance-based
methods do not result in a significant reduction in the margin of
safety.
The improved modeling associated with the elimination of
Containment Accident Pressure credit does not change the design
functions within the applicable limits.
Based on this, the implementation of this amendment does not
significantly reduce the margin of safety. The proposed changes are
evaluated to ensure that the risk and safety margins are kept within
acceptable limits. Therefore, the transition does not involve a
significant reduction in the margin of safety. The requirements of
NFPA 805 are structured to implement the NRC's mission to protect
public health and safety, promote the common defense and security,
and protect the environment. NFPA 805 is also consistent with the
key principles for evaluating license basis changes, as described in
RG 1.174, is consistent with the DID philosophy, and maintains
sufficient safety margins.
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: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
NRC Branch Chief: Jessie F. Quichocho.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Carolina Power and Light Company, Docket Nos. 50-325 and 50-324,
Brunswick Steam Electric Plant, Units 1 and 2, Brunswick County, North
Carolina
Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296,
Browns Ferry Nuclear Plant, Units 1, 2, and 3, Limestone County,
Alabama
Tennessee Valley Authority, Docket Nos. 50-259, 50-260, and 50-296,
Browns Ferry Nuclear Plant, Units 1, 2 and 3, Limestone County, Alabama
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing 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 of this notice 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
[[Page 49304]]
General Counsel for Hearings, Enforcement and Administration, Office of
the General Counsel, Washington, DC 20555-0001. The expedited delivery
or courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief 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 5th day of August 2013.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting 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 petitioner/
requestor reply).
[[Page 49305]]
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. 2013-19320 Filed 8-12-13; 8:45 am]
BILLING CODE 7590-01-P