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, 6645-6651 [2014-01597]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6645-6651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01597]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0008]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing, and petition for leave to intervene; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of two amendment requests. The amendment requests 
are for Turkey Point Nuclear Generating, Units 3 and 4; and Seabrook 
Station, Unit 1. For each amendment request, the NRC proposes to 
determine that they involve no significant hazards consideration. In 
addition, each amendment request contains sensitive unclassified non-
safeguards information (SUNSI).

DATES: Comments must be filed by March 6, 2014. A request for a hearing 
must be filed by April 7, 2014. Any potential party as defined in Sec.  
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 February 14, 2014.

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-2014-0008. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: 3WFN, 06-44M, 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-2014-0008 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-2014-0008.
     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

[[Page 6646]]

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-2014-0008 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 NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

Notice of Consideration of Issuance of Amendments to Facility Operating 
Licenses and Combined Licenses, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should ML14007A219 circumstances change during the 
30-day comment period such that failure to act in a timely way would 
result, for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Agency 
Rules of Practice and Procedure'' in 10 CFR Part 2. Interested 
person(s) should consult a current copy of 10 CFR 2.309, which is 
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is 
filed within 60 days, the Commission or a presiding officer designated 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel, will rule on the request and/or 
petition; and the Secretary or the Chief Administrative Judge of the 
Atomic Safety and Licensing Board will issue a notice of a hearing or 
an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a

[[Page 6647]]

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's adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) a digital 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 
public Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC's guidance 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by email 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

[[Page 6648]]

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 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.

Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey 
Point Nuclear Generating, Units 3 and 4, Miami-Dade County, Florida

    Date of amendment request: June 28, 2012 (publicly available 
version is in ADAMS at Accession No. ML12191A048), as supplemented by 
letters dated September 19, 2012, March 18, 2013, April 16, 2013, and 
May 15, 2013 (ADAMS Accession Nos. ML12278A106, ML13099A441, 
ML13109A008, and ML13157A011, respectively).
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The licensee 
requests NRC review and approval for adoption of a new fire protection 
licensing basis for the Turkey Point Nuclear Generating, Units 3 and 4 
(PTN, which is a licensee designation for the plant). The request was 
submitted in accordance with the requirements in 10 CFR 50.48(a) and 
(c), and the guidance in Regulatory Guide (RG) 1.205, Revision 1, 
``Risk-Informed Performance-Based Fire Protection for Existing Light-
Water Nuclear Power Plants,'' dated December 2009 (ADAMS Accession No. 
ML092730314). The licensee's request follows the Nuclear Energy 
Institute (NEI) methodology in Revision 2 of NEI 04-02, ``Guidance for 
Implementing a Risk-Informed, Performance-Based Fire Protection Program 
under 10 CFR 50.48(c),'' dated April 2008 (ADAMS Accession No. 
ML081130188). The request includes the methodology used to demonstrate 
compliance with and transition to the National Fire Protection 
Association (NFPA) 805, ``Performance-Based Standard for Fire 
Protection for Light Water Reactor Electric Generating Plants,'' 2001 
Edition. Copies of NFPA 805 may be purchased from the NFPA Customer 
Service Department, 1 Batterymarch Park, P.O. Box 9101, Quincy, 
Massachusetts 02269-9101 and in PDF format through the NFPA Online 
Catalog (https://www.nfpa.org) or by calling 1-800-344-3555 or 617-770-
3000. Copies are also available for inspection at the NRC's Library, 
Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852-
2738, and at the NRC's PDR, One White Flint North, Room O1-F15, 11555 
Rockville Pike, Rockville, Maryland, 20852-2738.
    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 as follows:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    Operation of PTN in accordance with the proposed amendment does 
not increase the probability or consequences of accidents previously 
evaluated. The Updated Final Safety Analysis Report (UFSAR) 
documents the analyses of design basis accidents (DBAs) at PTN. 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. The 
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 PTN to adopt a new 
fire protection licensing basis which complies with the requirements 
in 10 CFR 50.48(a) and (c) and the guidance of Regulatory Guide (RG) 
1.205, Revision 1. The NRC considers that the 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 (69 FR 33536; June 16, 2004). 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.
    The 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 the standard. The small increase in net change in core 
damage frequency associated with this License Amendment Request 
(LAR) submittal is consistent with the Commission's Safety Goal 
Policy. 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.
    Based on this, the implementation of this amendment does not 
significantly increase the probability of any accident previously 
evaluated. 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.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    Operation of PTN 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 was included in the evaluation 
of DBAs documented in the UFSAR. 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 of RG 1.205, Revision 1 will not result in new 
or different accidents.
    The proposed amendment does not adversely affect accident 
initiators nor alter

[[Page 6649]]

design assumptions, conditions, or configurations of the facility. 
The proposed amendment does not adversely affect the ability of SSCs 
to perform their design function. The 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 PTN to adopt a new 
fire protection licensing basis which complies with the requirements 
in 10 CFR 50.48(a) and (c) and the guidance of RG 1.205, Revision 1. 
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 (69 FR 33536; June 
16, 2004).
    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.
    Therefore, the possibility of a new or different kind of 
accident from any kind of accident previously evaluated is not 
created with the implementation of this amendment.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    Operation of PTN 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. The 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 PTN to adopt a new 
fire protection licensing basis which complies with the requirements 
in 10 CFR 50.48(a) and (c) and the guidance of RG 1.205, Revision 1. 
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 (69 FR 33536; June 
16, 2004). Engineering analyses, which may include engineering 
evaluations, probabilistic safety assessments, and fire modeling 
calculations, have been performed to demonstrate that the 
performance-based methods do not result in a significant reduction 
in the margin of safety.
    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 NFPA 805 continues to protect public health and safety and 
the common defense and security because the overall approach of NFPA 
805 is 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.
    Margins previously established for the PTN program in accordance 
with 10 CFR 50.48(b) and Appendix R to 10 CFR Part 50 are not 
significantly reduced.
    Therefore, this LAR does not result in a reduction in a margin 
of safety.

    The NRC staff 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: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light, 700 Universe Blvd., MS LAW/JB, Juno 
Beach, Florida, 33408-0420.
    NRC Branch Chief: Jessie F. Quichocho.

NextEra Energy Seabrook, LLC., Docket No. 50-443, Seabrook Station, 
Unit 1, Rockingham County, New Hampshire

    Date of amendment request: September 10, 2013. A publicly available 
version is in ADAMS under Accession No. ML13260A160.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment will modify the Seabrook Technical Specifications (TSs). 
Specifically, the proposed amendment will revise TS 6.8.1.6.b, ``Core 
Operating Limits Report,'' by adding Areva Licensing Report ANP-3243P, 
``Seabrook Station, Unit 1 Fixed Incore Detector System Analysis 
Supplement to YAEC-1855PA,'' dated July 31, 2013 (a publicly available 
version is in ADAMS under Accession No. ML13260A161), which supplements 
and modifies the previously approved methodology. The proposed change 
also modifies the surveillance requirements associated with the heat 
flux hot channel factor and nuclear enthalpy rise hot channel factor to 
include revised uncertainty values when measurement is obtained using 
the fixed incore detector system (FIDS).
    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, along with the NRC's edits in 
square brackets:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The FIDS is used for core surveillances to provide confirmatory 
information on the neutron flux distribution of the core. This 
system is not used for accident mitigation and does not provide any 
automatic control functions or protective functions for the 
operation of the plant.
    As the proposed change does not involve any changes to the 
physical equipment or operation of the system, there is no increase 
in the probability of an accident previously evaluated.
    The proposed Technical Specification (TS) change determines a 
revised uncertainty value for the FQ [heat flux hot 
channel factor] and F[Dgr]h [nuclear enthalpy rise hot 
channel factor] TS surveillance parameters. ANP-3243P, ``Seabrook 
Station Unit 1 Fixed Incore Detector System Analysis Supplement to 
YAEC-1855PA,'' documents that these modifications yield results in 
surveillance parameters that compare well to the original 
methodology over the first 8 cycles. The report also documents that 
the results of the uncertainty analysis using all 15 completed 
cycles compared well to the results of the uncertainty analysis for 
the original YAEC-1855PA methodology. The report concludes that the 
revised FIDS analysis methodology remains comparable in accuracy and 
functionality to the original YAEC-1855PA methodology and the 
moveable incore detector system.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any previously evaluated?
    Response: No.
    The operation of the facility in accordance with the proposed 
amendment does not create the possibility of a new or different kind 
of accident from any accident previously evaluated since the 
proposed change will not affect plant safety analysis assumptions or 
the physical design of the facility. The revised uncertainty applied 
to the measured core peaking factors ensures the safety limits are 
maintained; hence, no new failure mode is introduced.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    Margin of safety is associated with confidence in the ability of 
the fission product barriers (i.e., fuel cladding, reactor coolant 
system pressure boundary, and containment structure) to limit the 
level of radiation dose to the public. The proposed

[[Page 6650]]

changes to modify the FIDS methodology and provide revised 
uncertainty values for the FQ and F[Dgr]h TS 
surveillance parameters do not involve a significant change in the 
method of plant operation, and no accident analyses will be affected 
by the proposed changes. Additionally, the proposed changes will not 
relax any criteria used to establish safety limits and will not 
relax any safety system settings. The safety analysis acceptance 
criteria are not affected by this change. The proposed change will 
not result in plant operation in a configuration outside the design 
basis. The proposed change does not adversely affect systems that 
respond to safely shutdown the plant and to maintain the plant in a 
safe shutdown condition.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Mr. James Petro, Managing Attorney, Florida 
Power & Light Company, P.O. Box 14000, Juno Beach, Florida, 33408-0420.
    Acting NRC Branch Chief: John G. Lamb.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Florida Power and Light Company, Docket Nos. 50-250 and 50-251, Turkey 
Point Nuclear Generating, Units 3 and 4, Miami-Dade County, Florida; 
NextEra Energy Seabrook, LLC., Docket No. 50-443, Seabrook Station, 
Unit 1, Rockingham County, New Hampshire

    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 General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, 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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    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

[[Page 6651]]

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 22nd day of January 2014.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

ATTACHMENT 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information in This Proceeding

------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  Nuclear Regulatory Commission (NRC) staff
                            informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            requestor/petitioner to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of hearing or opportunity for
                            hearing), the petitioner may file its SUNSI
                            contentions by that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2014-01597 Filed 2-3-14; 8:45 am]
BILLING CODE 7590-01-P