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, 532-538 [2014-29580]
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Southern Nuclear Operating Company,
Inc., Georgia Power Company,
Oglethorpe Power Corporation,
Municipal Electric Authority of Georgia,
City of Dalton, Georgia, Docket Nos. 50–
321 and 50–366, Edwin I. Hatch Nuclear
Plant, Unit Nos. 1 and 2, Appling
County, Georgia
Date of application for amendments:
January 16, 2014, as supplemented by
letters dated May 2 and July 22, 2014.
Brief description of amendments: The
amendments revised Technical
Specification 3.7.5, Control Room Air
Conditioning System, to provide new
Required Actions (RAs) for one, two, or
three main control room AC subsystems
inoperable, and make other required
corresponding changes.
Date of issuance: December 10, 2014.
Effective date: As of the date of
issuance and shall be implemented
within 90 days from the date of
issuance.
Amendment Nos.: Unit 1—270 and
Unit 2—214. A publicly-available
version is in ADAMS under Accession
No. ML14279A261; documents related
to these amendments are listed in the
Safety Evaluation enclosed with the
amendments.
Renewed Facility Operating License
Nos. DPR–57 and NPF–5: Amendments
revised the licenses and the Technical
Specifications.
Date of initial notice in Federal
Register: August 19, 2014 (79 FR
49110). The supplemental letter dated
May 2 and July 22, 2014, provided
additional information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated December 10,
2014.
No significant hazards consideration
comments received: No.
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Southern Nuclear Operating Company,
Inc., Georgia Power Company,
Oglethorpe Power Corporation,
Municipal Electric Authority of Georgia,
City of Dalton, Georgia, Docket Nos. 50–
321 and 50–366, Edwin I. Hatch Nuclear
Plant, Unit Nos. 1 and 2, Appling
County, Georgia
Date of application for amendments:
December 21, 2012, as supplemented by
letter dated June 21, 2013.
Brief description of amendments: The
amendments revised the Renewed
Operating Licenses to incorporate a
degraded voltage protection
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modification schedule into the Hatch
licenses.
Date of issuance: December 16, 2014.
Effective date: As of the date of
issuance and shall be implemented
within 60 days from the date of
issuance.
Amendment Nos.: Unit 1—271 and
Unit 2—215. A publicly-available
version is in ADAMS under Accession
No. ML14328A323; documents related
to this these amendments are listed in
the Safety Evaluation enclosed with the
amendments.
Renewed Facility Operating License
Nos. DPR–57 and NPF–5: Amendments
revised the licenses.
Date of initial notice in Federal
Register: September 3, 2013 (78 FR
54289).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated December 16,
2014.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 29th day
of December 2014.
For the Nuclear Regulatory Commission.
George A. Wilson,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–30966 Filed 1–5–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0262]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to comment, request a
hearing, and petition for leave to
intervene; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of four
amendment requests. The amendment
requests are for Turkey Point Nuclear
Generating, Units 3 and 4; Duane
Arnold Energy Center; Point Beach
Nuclear Plant, Units 1 and 2; and Edwin
I. Hatch Nuclear Plant, Unit 2. The NRC
proposes to determine that each
SUMMARY:
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amendment request involves no
significant hazards consideration. In
addition, each amendment request
contains sensitive unclassified nonsafeguards information (SUNSI).
DATES: Comments must be filed by
February 5, 2015. A request for a
hearing must be filed by March 9, 2015.
Any potential party as defined in § 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 January 16, 2015.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0262. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
3WFN–06–A44M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Beverly A. Clayton, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3475, email: Beverly.Clayton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0262 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0262.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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
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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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section.
• 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–
0262 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.
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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.
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III. 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 a notice of issuance in the
Federal Register. 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.
A. Opportunity To Request a Hearing
and Petition for Leave To Intervene
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
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533
subject facility operating license or
combined license. Requests for a
hearing and a petition for leave to
intervene shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing
or petition for leave to intervene is filed
within 60 days, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the request and/or petition; and
the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
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
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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 unless the Commission
finds an imminent danger to the health
or safety of the public, in which case it
will issue an appropriate order or rule
under 10 CFR part 2.
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B. Electronic Submissions (E-Filing)
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
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
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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/
getting-started.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC’s public Web site
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at https://www.nrc.gov/site-help/esubmittals.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 NRC’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 public 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. 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
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document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. With respect
to copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
Requests for hearing, petitions for leave
to intervene, and motions for leave to
file new or amended contentions that
are filed after the 60-day deadline will
not be entertained absent a
determination by the presiding officer
that the filing demonstrates good cause
by satisfying the 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.
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Florida Power & 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: October
7, 2014. A publicly-available version is
in ADAMS under Accession No.
ML14308A054.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendments
would revise the Renewed Facility
Operating License condition to
reference a change to the
implementation schedule for Milestone
8 of the Cyber Security Plan.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to the Cyber Security
Plan implementation schedule is
administrative in nature. The change does
not alter accident analysis assumptions, add
any initiators or affect the function of plant
systems or the manner in which systems are
operated, maintained, tested, or inspected.
The proposed change does not require any
plant modifications which affect the
performance capability or the structures,
systems and components relied upon to
mitigate the consequences of postulated
accidents and has no impact on the
probability or consequences of an accident
previously evaluated.
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 accident previously
evaluated?
Response: No.
The proposed change to the Cyber Security
Plan implementation schedule is
administrative in nature. This proposed
change does not alter accident analysis
assumptions, add any initiators, or affect the
function of plant systems or the manner in
which systems are operated, maintained,
modified, tested, or inspected. The proposed
change does not require any plant
modifications which affect the performance
capability of the structures, systems and a
component relied upon to mitigate the
consequences of postulated accidents and
does not create the possibility of a new or
different kind of accident from any accident
previously evaluated.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
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535
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
Plant safety margins are established
through limiting conditions of operation,
limiting safety systems settings and safety
limits specified in the technical
specifications. The proposed change to the
Cyber Security Plan implementation
schedule is administrative in nature. Because
there is no change in these established safety
margins as result of this change, the proposed
change does not involve a significant
reduction in a margin of safety.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: William S.
Blair, Managing Attorney—Nuclear,
Florida Power & Light, 700 Universe
Blvd., MS LAW/JB, Juno Beach, Florida
33408–0420.
Acting NRC Branch Chief: Lisa M.
Regner.
NextEra Energy Duane Arnold, LLC,
Docket No. 50–331, Duane Arnold
Energy Center, Linn County, Iowa
Date of amendment request: August
28, 2014. A publicly-available version is
in ADAMS under Accession No.
ML14245A375.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguard
information (SUNSI). The amendment
would revise the Cyber Security Plan
(CSP) Milestone 8 full implementation
date as set forth in the CSP
Implementation schedule.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to the Cyber Security
Plan implementation schedule is
administrative in nature. The change does
not alter accident analysis assumptions, add
any initiators, or affect the function of plant
systems or the manner in which systems are
operated, maintained, tested, or inspected.
The proposed change does not require any
plant modifications which affect the
performance capability or the structures,
systems, and components relied upon to
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mitigate the consequences of postulated
accidents and have no impact on the
probability or consequences of an accident
previously evaluated.
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 accident previously
evaluated?
Response: No.
The proposed change to the Cyber Security
Plan implementation schedule is
administrative in nature. This proposed
change does not alter accident analysis
assumptions, add any initiators, or affect the
function of plant systems or the manner in
which systems are operated, maintained,
modified, tested, or inspected. The proposed
change does not require any plant
modifications which affect the performance
capability of the structures, systems, and
components relied upon to mitigate the
consequences of postulated accidents and do
not create the possibility of a new or different
kind of accident from any accident
previously evaluated.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
Plant safety margins are established
through limiting conditions of operation,
limiting safety systems settings, and safety
limits specified in the technical
specifications. The proposed change to the
Cyber Security Plan implementation
schedule is administrative in nature. Because
there is no change in these established safety
margins as result of this change, the proposed
change does not involve a significant
reduction in a margin of safety.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
tkelley on DSK3SPTVN1PROD with NOTICES
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. William
Blair, P.O. Box 14000 Juno Beach,
Florida, 33408–0420.
NRC Branch Chief: David L. Pelton.
NextEra Energy Point Beach, LLC,
Docket Nos. 50–266 and 50–301, Point
Beach Nuclear Plant, Units 1 and 2,
Town of Two Creeks, Manitowac
County, Wisconsin
Date of amendment request: July 18,
2014. A publicly-available version is in
ADAMS under Package Accession No.
ML14202A574.
Description of amendment request:
This amendment request contains
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sensitive unclassified non-safeguards
information (SUNSI). The amendment
would revise the Cyber Security Plan
(CSP) Milestone 8 completion date as
set forth in the CSP Implementation
Schedule.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to the CSP
Implementation Schedule does not alter
accident analysis assumptions, add any
initiators, or affect the function of plant
systems or the manner in which systems are
operated, maintained, tested, or inspected.
The proposed change does not require any
plant modifications which affect the
performance capability of the structures,
systems, and components relied upon to
mitigate the consequences of postulated
accidents, and has no impact on the
probability or consequences of an accident
previously evaluated.
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 accident previously
evaluated?
Response: No.
The proposed change to the CSP
Implementation Schedule does not alter
accident analysis assumptions, add any
initiators, or affect the function of plant
systems or the manner in which systems are
operated, maintained, modified, tested, or
inspected. The proposed change does not
require any plant modifications which affect
the performance capability of the structures,
systems, and components relied upon to
mitigate the consequences of postulated
accidents, and does not create the possibility
of a new or different kind of accident from
any accident previously evaluated.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
Plant safety margins are established
through limiting conditions for operation,
limiting safety system settings, and safety
limits specified in the Technical
Specifications. The proposed change to the
CSP Implementation Schedule does not
change these established safety margins as a
result of this change, [and] the proposed
change does not involve a significant
reduction in a margin of safety.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
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: William Blair,
Managing Attorney—Nuclear, Florida
Power & Light Company, P.O. Box
14000, 700 Universe Boulevard, Juno
Beach, Florida, 33408–0420.
NRC Branch Chief: David L. Pelton.
Southern Nuclear Operating Company
(SNC), Docket No. 50–366, Edwin I.
Hatch Nuclear Plant (HNP), Unit 2,
Appling County, Georgia
Date of amendment request: August 8,
2014, as supplemented by letters dated
September 8 and October 24, 2014. A
publicly-available versions are in
ADAMS under Accession Nos.
ML14223A793, ML14223A794,
ML14251A579, and ML14302A159.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment(s)
would change the Technical
Specification values of the Safety Limit
Minimum Critical Power Ratio
(SLMCPR) to support operation in the
next fuel cycle.
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:
Pursuant to 10 CFR 50.92, SNC has
reviewed the proposed change and concludes
that the change does not involve a significant
hazards consideration since the proposed
change satisfies the criteria in 10 CFR
50.92(c). . . . The discussion below
addresses each of these criteria and
demonstrates that the proposed amendment
does not constitute a significant hazard. The
proposed change does not involve a
significant hazards consideration because:
1. The operation of HNP Unit 2 in
accordance with the proposed amendment
will not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
The Safety Limit Minimum Critical Power
Ratio (SLMCPR) ensures that, 99.9% of the
fuel rods in the core will not be susceptible
to boiling transition during normal operation
or the most limiting postulated design-basis
transient event. The new SLMCPR values
preserve the existing margin to the onset of
transition boiling; therefore, the probability
of fuel damage is not increased as a result of
this proposed change. The determination of
the revised HNP Unit 2 SLMCPRs has been
performed using NRC-approved methods of
evaluation. These plant-specific calculations
are performed each operating cycle and may
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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
require changes for future cycles. The revised
SLMCPR values do not change the method of
operating the plant; therefore, they have no
effect on the probability of an accident
initiating event or transient.
Based on the above, SNC has concluded
that the proposed change will not result in
a significant increase in the probability or
consequences of an accident previously
evaluated.
2. The operation of HNP Unit 2 in
accordance with the proposed amendment
will not create the possibility of a new or
different kind of accident from any accident
previously evaluated.
The proposed changes result only from a
specific analysis for the HNP Unit 2 core
reload design. These changes do not involve
any new or different methods for operating
the facility. No new initiating events or
transients result from these changes. Based
on the above, SNC has concluded that the
proposed change will not create the
possibility of a new or different kind of
accident from those previously evaluated.
3. The operation of HNP Unit 2 in
accordance with the proposed amendment
will not involve a significant reduction in the
margin of safety.
The new SLMCPRs have been calculated
using NRC-approved methods of evaluation
with plant and cycle-specific input values for
the fuel and core design for the upcoming
cycle of operation. The SLMCPR values
ensure that 99.9% of the fuel rods in the core
will not be susceptible to boiling transition
during normal operation or the most limiting
postulated design-basis transient event. The
operating MCPR limit is set appropriately
above the safety limit value to ensure
adequate margin when the cycle-specific
transients are evaluated. Accordingly, the
margin of safety is maintained with the
revised values.
As a result, SNC has determined that the
proposed change will not result in a
significant reduction in the margin of safety.
537
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.
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: Leigh D. Perry,
SVP & General Counsel, Southern
Nuclear Operating Company, 40
Inverness Center Parkway, Birmingham,
Alabama, 35242.
NRC Branch Chief: Robert Pascarelli.
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19:38 Jan 05, 2015
Jkt 235001
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 requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland, 20852. The email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’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
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.
Florida Power & Light Company,
Docket Nos. 50–250 and 50–251, Turkey
Point Nuclear Generating Units 3 and 4,
Miami-Dade County, Florida
NextEra Energy Point Beach, LLC.,
Docket No. 50–331, Duane Arnold
Energy Center, Linn County, Iowa
NextEra Energy Point Beach, LLC.,
Docket Nos. 50–266 and 50–301, Point
Beach Nuclear Plant, Units 1 and 2,
Town of Two Creeks, Manitowac
County, Wisconsin
Southern Nuclear Operating Company,
Docket No. 50–366, Edwin I. Hatch
Nuclear Plant, Unit 2, Appling County,
Georgia
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation.
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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Notices
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 requester 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) officer if that officer has
been designated to rule on information
access issues.
H. Review of Grants of Access. A
party other than the requester 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 11th day
of December, 2014.
For the Nuclear Regulatory Commission.
Richard J. Laufer,
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; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requester 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 petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
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A + 53 ...............
A + 60 ...............
>A + 60 .............
[FR Doc. 2014–29580 Filed 1–5–15; 8:45 am]
BILLING CODE 7590–01–P
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
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staff determinations (because they must be served
on a presiding officer or the Commission, as
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applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\06JAN1.SGM
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Agencies
[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Notices]
[Pages 532-538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29580]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2014-0262]
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.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of four amendment requests. The amendment requests
are for Turkey Point Nuclear Generating, Units 3 and 4; Duane Arnold
Energy Center; Point Beach Nuclear Plant, Units 1 and 2; and Edwin I.
Hatch Nuclear Plant, Unit 2. The NRC proposes to determine that each
amendment request involves no significant hazards consideration. In
addition, each amendment request contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Comments must be filed by February 5, 2015. A request for a
hearing must be filed by March 9, 2015. 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 January 16, 2015.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0262. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: 3WFN-06-A44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Beverly A. Clayton, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3475, email: Beverly.Clayton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0262 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0262.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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
[[Page 533]]
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 (if it is available in ADAMS) is provided the first
time that it is mentioned in the SUPPLEMENTARY INFORMATION section.
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-2014-0262 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.
III. 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 a notice of issuance in
the Federal Register. 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.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
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
[[Page 534]]
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 unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
B. Electronic Submissions (E-Filing)
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/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-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 NRC'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 public
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
[[Page 535]]
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. With respect to copyrighted works, except
for limited excerpts that serve the purpose of the adjudicatory filings
and would constitute a Fair Use application, participants are requested
not to include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day deadline will not
be entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the 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 & 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: October 7, 2014. A publicly-available
version is in ADAMS under Accession No. ML14308A054.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendments would revise the Renewed Facility Operating License
condition to reference a change to the implementation schedule for
Milestone 8 of the Cyber Security Plan.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to the Cyber Security Plan implementation
schedule is administrative in nature. The change does not alter
accident analysis assumptions, add any initiators or affect the
function of plant systems or the manner in which systems are
operated, maintained, tested, or inspected. The proposed change does
not require any plant modifications which affect the performance
capability or the structures, systems and components relied upon to
mitigate the consequences of postulated accidents and has no impact
on the probability or consequences of an accident previously
evaluated.
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 accident previously evaluated?
Response: No.
The proposed change to the Cyber Security Plan implementation
schedule is administrative in nature. This proposed change does not
alter accident analysis assumptions, add any initiators, or affect
the function of plant systems or the manner in which systems are
operated, maintained, modified, tested, or inspected. The proposed
change does not require any plant modifications which affect the
performance capability of the structures, systems and a component
relied upon to mitigate the consequences of postulated accidents and
does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
of operation, limiting safety systems settings and safety limits
specified in the technical specifications. The proposed change to
the Cyber Security Plan implementation schedule is administrative in
nature. Because there is no change in these established safety
margins as result of this change, the proposed change does not
involve a significant reduction in a margin of safety.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light, 700 Universe Blvd., MS LAW/JB, Juno
Beach, Florida 33408-0420.
Acting NRC Branch Chief: Lisa M. Regner.
NextEra Energy Duane Arnold, LLC, Docket No. 50-331, Duane Arnold
Energy Center, Linn County, Iowa
Date of amendment request: August 28, 2014. A publicly-available
version is in ADAMS under Accession No. ML14245A375.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguard information (SUNSI). The amendment
would revise the Cyber Security Plan (CSP) Milestone 8 full
implementation date as set forth in the CSP Implementation schedule.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to the Cyber Security Plan implementation
schedule is administrative in nature. The change does not alter
accident analysis assumptions, add any initiators, or affect the
function of plant systems or the manner in which systems are
operated, maintained, tested, or inspected. The proposed change does
not require any plant modifications which affect the performance
capability or the structures, systems, and components relied upon to
[[Page 536]]
mitigate the consequences of postulated accidents and have no impact
on the probability or consequences of an accident previously
evaluated.
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 accident previously evaluated?
Response: No.
The proposed change to the Cyber Security Plan implementation
schedule is administrative in nature. This proposed change does not
alter accident analysis assumptions, add any initiators, or affect
the function of plant systems or the manner in which systems are
operated, maintained, modified, tested, or inspected. The proposed
change does not require any plant modifications which affect the
performance capability of the structures, systems, and components
relied upon to mitigate the consequences of postulated accidents and
do not create the possibility of a new or different kind of accident
from any accident previously evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
of operation, limiting safety systems settings, and safety limits
specified in the technical specifications. The proposed change to
the Cyber Security Plan implementation schedule is administrative in
nature. Because there is no change in these established safety
margins as result of this change, the proposed change does not
involve a significant reduction in a margin of safety.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Mr. William Blair, P.O. Box 14000 Juno
Beach, Florida, 33408-0420.
NRC Branch Chief: David L. Pelton.
NextEra Energy Point Beach, LLC, Docket Nos. 50-266 and 50-301, Point
Beach Nuclear Plant, Units 1 and 2, Town of Two Creeks, Manitowac
County, Wisconsin
Date of amendment request: July 18, 2014. A publicly-available
version is in ADAMS under Package Accession No. ML14202A574.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the Cyber Security Plan (CSP) Milestone 8
completion date as set forth in the CSP Implementation Schedule.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to the CSP Implementation Schedule does not
alter accident analysis assumptions, add any initiators, or affect
the function of plant systems or the manner in which systems are
operated, maintained, tested, or inspected. The proposed change does
not require any plant modifications which affect the performance
capability of the structures, systems, and components relied upon to
mitigate the consequences of postulated accidents, and has no impact
on the probability or consequences of an accident previously
evaluated.
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 accident previously evaluated?
Response: No.
The proposed change to the CSP Implementation Schedule does not
alter accident analysis assumptions, add any initiators, or affect
the function of plant systems or the manner in which systems are
operated, maintained, modified, tested, or inspected. The proposed
change does not require any plant modifications which affect the
performance capability of the structures, systems, and components
relied upon to mitigate the consequences of postulated accidents,
and does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
for operation, limiting safety system settings, and safety limits
specified in the Technical Specifications. The proposed change to
the CSP Implementation Schedule does not change these established
safety margins as a result of this change, [and] the proposed change
does not involve a significant reduction in a margin of safety.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: William Blair, Managing Attorney--Nuclear,
Florida Power & Light Company, P.O. Box 14000, 700 Universe Boulevard,
Juno Beach, Florida, 33408-0420.
NRC Branch Chief: David L. Pelton.
Southern Nuclear Operating Company (SNC), Docket No. 50-366, Edwin I.
Hatch Nuclear Plant (HNP), Unit 2, Appling County, Georgia
Date of amendment request: August 8, 2014, as supplemented by
letters dated September 8 and October 24, 2014. A publicly-available
versions are in ADAMS under Accession Nos. ML14223A793, ML14223A794,
ML14251A579, and ML14302A159.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment(s) would change the Technical Specification values of the
Safety Limit Minimum Critical Power Ratio (SLMCPR) to support operation
in the next fuel cycle.
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:
Pursuant to 10 CFR 50.92, SNC has reviewed the proposed change
and concludes that the change does not involve a significant hazards
consideration since the proposed change satisfies the criteria in 10
CFR 50.92(c). . . . The discussion below addresses each of these
criteria and demonstrates that the proposed amendment does not
constitute a significant hazard. The proposed change does not
involve a significant hazards consideration because:
1. The operation of HNP Unit 2 in accordance with the proposed
amendment will not involve a significant increase in the probability
or consequences of an accident previously evaluated.
The Safety Limit Minimum Critical Power Ratio (SLMCPR) ensures
that, 99.9% of the fuel rods in the core will not be susceptible to
boiling transition during normal operation or the most limiting
postulated design-basis transient event. The new SLMCPR values
preserve the existing margin to the onset of transition boiling;
therefore, the probability of fuel damage is not increased as a
result of this proposed change. The determination of the revised HNP
Unit 2 SLMCPRs has been performed using NRC-approved methods of
evaluation. These plant-specific calculations are performed each
operating cycle and may
[[Page 537]]
require changes for future cycles. The revised SLMCPR values do not
change the method of operating the plant; therefore, they have no
effect on the probability of an accident initiating event or
transient.
Based on the above, SNC has concluded that the proposed change
will not result in a significant increase in the probability or
consequences of an accident previously evaluated.
2. The operation of HNP Unit 2 in accordance with the proposed
amendment will not create the possibility of a new or different kind
of accident from any accident previously evaluated.
The proposed changes result only from a specific analysis for
the HNP Unit 2 core reload design. These changes do not involve any
new or different methods for operating the facility. No new
initiating events or transients result from these changes. Based on
the above, SNC has concluded that the proposed change will not
create the possibility of a new or different kind of accident from
those previously evaluated.
3. The operation of HNP Unit 2 in accordance with the proposed
amendment will not involve a significant reduction in the margin of
safety.
The new SLMCPRs have been calculated using NRC-approved methods
of evaluation with plant and cycle-specific input values for the
fuel and core design for the upcoming cycle of operation. The SLMCPR
values ensure that 99.9% of the fuel rods in the core will not be
susceptible to boiling transition during normal operation or the
most limiting postulated design-basis transient event. The operating
MCPR limit is set appropriately above the safety limit value to
ensure adequate margin when the cycle-specific transients are
evaluated. Accordingly, the margin of safety is maintained with the
revised values.
As a result, SNC has determined that the proposed change will
not result in a significant reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 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: Leigh D. Perry, SVP & General Counsel,
Southern Nuclear Operating Company, 40 Inverness Center Parkway,
Birmingham, Alabama, 35242.
NRC Branch Chief: Robert Pascarelli.
Florida Power & Light Company, Docket Nos. 50-250 and 50-251, Turkey
Point Nuclear Generating Units 3 and 4, Miami-Dade County, Florida
NextEra Energy Point Beach, LLC., Docket No. 50-331, Duane Arnold
Energy Center, Linn County, Iowa
NextEra Energy Point Beach, LLC., Docket Nos. 50-266 and 50-301, Point
Beach Nuclear Plant, Units 1 and 2, Town of Two Creeks, Manitowac
County, Wisconsin
Southern Nuclear Operating Company, Docket No. 50-366, Edwin I. Hatch
Nuclear Plant, Unit 2, Appling County, Georgia
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.
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 requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland, 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester'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
[[Page 538]]
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 requester 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) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester 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\ Requesters 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 11th day of December, 2014.
For the Nuclear Regulatory Commission.
Richard J. Laufer,
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; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requester 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
petitioner/requester 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. 2014-29580 Filed 1-5-15; 8:45 am]
BILLING CODE 7590-01-P