Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station, 13030-13035 [2015-05679]
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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
FOR FURTHER INFORMATION CONTACT:
Christine Pineda, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Telephone: 301–287–0758; Email:
YMEIS_Supplement@nrc.gov.
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SUPPLEMENTARY INFORMATION:
I. Background
The Nuclear Waste Policy Act
(NWPA) of 1982, as amended, specifies
that in the United States, spent nuclear
fuel and high-level radioactive waste
will be disposed of in a deep geologic
repository. Amendments to the NWPA
in 1987 identified Yucca Mountain,
Nevada, as the single candidate site for
characterization as a potential geologic
repository. As described in the NWPA,
Section 114(f), the DOE prepared a final
EIS related to the construction,
operation, and closure of a potential
geologic repository for high-level
radioactive waste at Yucca Mountain,
Nevada in February 2002 pursuant to
requirements of the National
Environmental Policy Act of 1969
(NEPA). The EIS accompanied the
Secretary of Energy’s site
recommendation to the President on
February 14, 2002. In July 2002,
Congress passed and the President
signed a joint resolution designating
Yucca Mountain as the site for
development of a geologic repository. In
October 2006, the DOE announced its
intent to prepare a supplemental EIS to
update the 2002 EIS. The DOE
published a final supplemental EIS on
June 16, 2008. In accordance with
NWPA, Section 114(f)(5), the NRC is to
adopt the DOE’s EIS to ‘‘the extent
practicable.’’ The NRC staff reviewed
the DOE’s EISs and found that it is
practicable for the NRC to adopt them,
with further supplementation (see the
NRC staff’s Adoption Determination
Report, dated September 5, 2008, and
available in ADAMS at Accession No.
ML082420342). The NRC staff
concluded that the EISs did not
adequately address all of the repositoryrelated impacts on groundwater, or from
surface discharges of groundwater. The
NRC staff therefore requested that the
DOE prepare an EIS supplement. The
DOE initially stated that it would
prepare a supplement, but later declined
to prepare the supplement. Instead, the
DOE prepared a technical analysis,
‘‘Analysis of Postclosure Groundwater
Impacts for a Geologic Repository for
the Disposal of Spent Nuclear Fuel and
High-Level Radioactive Waste at Yucca
Mountain, Nye County, Nevada’’
(ADAMS Accession No. ML092150328).
In 2014, the DOE updated this report
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(ADAMS Accession No. ML14303A399).
The NRC staff will consider these
reports in preparing the supplement.
The supplement will provide
additional information about the
proposed repository’s impacts on
groundwater and from surface
discharges of groundwater. More
specifically, the supplement will
describe the extent of the volcanicalluvial aquifer, particularly those parts
that could become contaminated, and
how water (and potential contaminants)
can leave the flow system. In addition,
the supplement will provide an analysis
of the cumulative amount of
radiological and non-radiological
contaminants that can be reasonably
expected to enter the aquifer from the
repository, and the amount that can be
reasonably expected to remain over
time. The supplement will provide
estimates of contamination in the
groundwater, given potential
accumulation of radiological and nonradiological contaminants. The
supplement also will provide a
discussion of the impacts on soils and
surface materials from the processes
involved in surface discharges of
contaminated groundwater. A
description of locations of potential
natural discharge of contaminated
groundwater for present and expected
future wetter periods will be included,
as will a description of the physical
processes at surface discharge locations
that can affect accumulation,
concentration, and potential
remobilization of groundwater-borne
contaminants. Finally, the supplement
will provide estimates of the amounts of
contaminants that could be deposited at
or near the surface and describe their
potential environmental impacts.
II. Schedule
The NRC staff intends to issue the
draft supplement in the late summer of
2015 and announce the availability of
the supplement in the Federal Register,
via email distribution, in a press release,
on the NRC’s Web site, and in media in
Nevada. A public comment period will
start upon publication of the NRC’s
Notice of Availability in the Federal
Register. During the public comment
period, the NRC plans to a public
meeting at NRC headquarters in
Rockville, Maryland, two public
meetings in Nevada, and a public
conference call.
All meetings will be transcribed. The
meeting at NRC headquarters will be
webcast and accessible via a conference
line. The NRC staff plans to publish the
final supplement 12 to 15 months after
issuing this notice.
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Dated at Rockville, Maryland, this 2nd day
of March 2015.
For the Nuclear Regulatory Commission.
Josephine Piccone,
Director, Yucca Mountain Directorate, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2015–05578 Filed 3–11–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–293; NRC–2015–0053]
Entergy Nuclear Operations, Inc.,
Pilgrim Nuclear Power Station
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License No. DPR–35,
issued to Entergy Nuclear Operations,
Inc., for operation of the Pilgrim Nuclear
Power Station. The proposed
amendment would modify the Safety
Limit Minimum Critical Power Ratio
from ≥ 1.08 to ≥ 1.10 for two
recirculation loop operation and from ≥
1.11 to ≥ 1.12 for single loop operation.
DATES: Submit comments by April 13,
2015. A request for a hearing must be
filed by May 11, 2015. Any potential
party as defined in § 2.1 of Title 10 of
the Code of Federal Regulations (10
CFR) who believes access to Sensitive
Unclassified Non-Safeguards
Information is necessary to respond to
this notice must request document
access by March 23, 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–2015–0053. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12 H08, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on obtaining
information and submitting comments,
SUMMARY:
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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Nadiyah Morgan, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–1016,
email: Nadiyah.Morgan@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2015–
0053 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–2015–0053.
• 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
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–2015–
0053 in your comment submission.
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
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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. Introduction
The NRC is considering issuance of an
amendment to Renewed Facility
Operating License No. DPR–35, issued
to Entergy Nuclear Operations, Inc., the
licensee, for operation of the Pilgrim
Nuclear Power Station, located in
Plymouth, Massachusetts.
By letter dated December 10, 2014
(ADAMS Accession No. ML14349A495
and ML14349A496), as supplemented
by letter dated February 13, 2015
(ADAMS Accession No. ML15050A245),
the licensee submitted an application
for a license amendment request. The
proposed amendment would modify the
Safety Limit Minimum Critical Power
Ratio (SLMCPR) from ≥1.08 to ≥1.10 for
two recirculation loop operation and
from ≥1.11 to ≥1.12 for single loop
operation.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in 50.92(c), 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. 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?
The proposed SLMCPR, and its use to
determine the Operating Cycle 21 thermal
limits, have been derived using NRC
approved methods specified in the Reference
section of the Technical Specification Bases
Section for 2.0 SAFETY LIMITS. These
methods do not change the method of
operating the plant and have no effect on the
probability of an accident initiating event or
transient.
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The basis of the SLMCPR is to ensure no
mechanistic fuel damage is calculated to
occur if the limit is not violated. The new
SLMCPR preserves the margin to transition
boiling, and the probability of fuel damage is
not increased.
Therefore, the proposed changes to
Technical Specifications do not involve an
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?
The proposed changes result only from the
analysis for the Cycle 21 core reload using
methods described in NEDE24011 P–A
(GESTAR II). These methods have been
reviewed and approved by the NRC, do not
involve any new or unapproved method for
operating the facility, and do not involve any
facility modifications. No new initiating
events or transients result from these
changes.
Therefore, the proposed changes to
technical specifications do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
The margin of safety as defined in the TS
[Technical Specification] bases will remain
the same. The new SLMCPR was derived
using NRC approved methods which are in
accordance with the current fuel design and
licensing criteria. The SLMCPR remains high
enough to ensure that greater than 99.9% of
all fuel rods in the core will avoid transition
boiling if the limit is not violated, thereby
preserving the fuel cladding integrity.
Therefore, the proposed changes to
technical specifications do not involve a
significant reduction in the margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves a no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination that the license
amendment request involves no
significant hazards consideration. Any
comments received by April 13, 2015,
will be considered in making any final
determination. You may submit
comments using any of the methods
discussed under the ADDRESSES section
of this document.
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 notice period if the Commission
concludes the amendment involves no
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significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period should
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example, in derating or shutdown of the
facility. Should the Commission take
action prior to the expiration of either
the comment period or the notice
period, it will publish in the Federal
Register a notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
desires to participate as a party in the
proceeding must file a written request
for hearing or a petition for leave to
intervene specifying the contentions
which the person seeks to have litigated
in the hearing with respect to the
license amendment request. Requests
for hearing and petitions for leave to
intervene shall be filed in accordance
with the NRC’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. 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/.
As required by 10 CFR 2.309, a
request for hearing or petition for leave
to intervene must 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 hearing
request or petition must 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
hearing request or petition must also
include the specific contentions that the
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requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/
petitioner must provide a specific
statement of the issue of law or fact to
be raised or controverted, as well as a
brief explanation of the basis for the
contention. Additionally, the requestor/
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings that the NRC
must make to support the granting of a
license amendment in response to the
application. The hearing request or
petition must also include a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the requestor/petitioner
intends to rely at the hearing, together
with references to those specific sources
and documents. The hearing request or
petition must provide sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact, including
references to specific portions of the
application for amendment that the
petitioner disputes and the supporting
reasons for each dispute. If the
requestor/petitioner believes that the
application for amendment fails to
contain information on a relevant matter
as required by law, the requestor/
petitioner must identify each failure and
the supporting reasons for the
requestor’s/petitioner’s belief. Each
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who does not satisfy these
requirements for 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 with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
will set the time and place for any
prehearing conferences and evidentiary
hearings, and the appropriate notices
will be provided.
Hearing requests or 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
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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).
If a hearing is requested, 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.
IV. 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
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-
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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 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
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
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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
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
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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. Nontimely filings will not be entertained
absent a determination by the presiding
officer that the petition or request
should be granted or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(iii).
Attorney for licensee: Ms. Jeanne Cho,
Assistant General Counsel, Entergy
Nuclear Operations, Inc., 440 Hamilton
Avenue, White Plains, New York 10601.
NRC Branch Chief: Benjamin G.
Beasley.
Pilgrim Nuclear Power Station,
Plymouth County, Massachusetts 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,
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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices
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
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 6th day
of March, 2015.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/Activity
0 ...................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
10 .................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
60 .................
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
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17:40 Mar 11, 2015
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2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
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.
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13035
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/Activity
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).
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/Intervener reply to answers.
Decision on contention admission.
25 .................
30 .................
40 .................
A ...................
A + 3 ............
A + 28 ..........
A + 53 ..........
A + 60 ..........
>A + 60 ........
[FR Doc. 2015–05679 Filed 3–11–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–046; NRC–2015–0021]
Korea Hydro and Nuclear Power Co.,
Ltd., and Korea Electric Power
Corporation
Nuclear Regulatory
Commission.
ACTION: Notice of docketing.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has determined that
Korea Hydro and Nuclear Power Co.,
Ltd. (KHNP) and Korea Electric Power
Corporation (KEPCO) have submitted
information for a standard design
certification of the APR1400 Standard
Plant Design that is acceptable for
docketing. The docket number
established is 52–046.
DATES: March 12, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2015–0021 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0021. Address
questions about NRC dockets to Carol
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:40 Mar 11, 2015
Jkt 235001
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
the document is referenced. The
application is available in ADAMS
under Accession No. ML15006A037.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Ciocco, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC, 20555–0001;
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
telephone: 301–415–6391; email:
Jeff.Ciocco@nrc.gov.
By letter
dated December 23, 2014, KHNP and
KEPCO filed with the NRC, pursuant to
Section 103 of the Atomic Energy Act
and part 52 of Title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants,’’ an
application for standard design
certification of the APR1400 Standard
Plant Design. A notice of receipt for this
application was previously published in
the Federal Register on February 3,
2015 (80 FR 5792).
The APR1400 stands for Advanced
Power Reactor with a 1,400 megawatts
electrical power and two-loop
pressurized water reactor, developed in
the Republic of Korea. According to the
applicant, based on the self-reliant
technologies and experiences from the
design, construction, operation and
maintenance of the Optimized Power
Reactor 1000 (OPR1000), the APR1400
adopts advanced design features to
enhance plant safety, economical
efficiency, and convenience of operation
and maintenance. The APR1400
application includes the entire power
generation complex, except those
elements and features considered sitespecific.
The NRC staff has determined that
KHNP and KEPCO have submitted
information in accordance with 10 CFR
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12MRN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13030-13035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05679]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293; NRC-2015-0053]
Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Renewed Facility Operating License No. DPR-
35, issued to Entergy Nuclear Operations, Inc., for operation of the
Pilgrim Nuclear Power Station. The proposed amendment would modify the
Safety Limit Minimum Critical Power Ratio from >= 1.08 to >= 1.10 for
two recirculation loop operation and from >= 1.11 to >= 1.12 for single
loop operation.
DATES: Submit comments by April 13, 2015. A request for a hearing must
be filed by May 11, 2015. Any potential party as defined in Sec. 2.1
of Title 10 of the Code of Federal Regulations (10 CFR) who believes
access to Sensitive Unclassified Non-Safeguards Information is
necessary to respond to this notice must request document access by
March 23, 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-2015-0053. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on obtaining information and submitting
comments,
[[Page 13031]]
see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Nadiyah Morgan, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-1016, email: Nadiyah.Morgan@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0053 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-2015-0053.
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 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-2015-0053 in your comment submission.
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. Introduction
The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. DPR-35, issued to Entergy Nuclear Operations,
Inc., the licensee, for operation of the Pilgrim Nuclear Power Station,
located in Plymouth, Massachusetts.
By letter dated December 10, 2014 (ADAMS Accession No. ML14349A495
and ML14349A496), as supplemented by letter dated February 13, 2015
(ADAMS Accession No. ML15050A245), the licensee submitted an
application for a license amendment request. The proposed amendment
would modify the Safety Limit Minimum Critical Power Ratio (SLMCPR)
from >=1.08 to >=1.10 for two recirculation loop operation and from
>=1.11 to >=1.12 for single loop operation.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 50.92(c), 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. 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?
The proposed SLMCPR, and its use to determine the Operating
Cycle 21 thermal limits, have been derived using NRC approved
methods specified in the Reference section of the Technical
Specification Bases Section for 2.0 SAFETY LIMITS. These methods do
not change the method of operating the plant and have no effect on
the probability of an accident initiating event or transient.
The basis of the SLMCPR is to ensure no mechanistic fuel damage
is calculated to occur if the limit is not violated. The new SLMCPR
preserves the margin to transition boiling, and the probability of
fuel damage is not increased.
Therefore, the proposed changes to Technical Specifications do
not involve an 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?
The proposed changes result only from the analysis for the Cycle
21 core reload using methods described in NEDE24011 P-A (GESTAR II).
These methods have been reviewed and approved by the NRC, do not
involve any new or unapproved method for operating the facility, and
do not involve any facility modifications. No new initiating events
or transients result from these changes.
Therefore, the proposed changes to technical specifications do
not create the possibility of a new or different kind of accident
from any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a margin
of safety?
The margin of safety as defined in the TS [Technical
Specification] bases will remain the same. The new SLMCPR was
derived using NRC approved methods which are in accordance with the
current fuel design and licensing criteria. The SLMCPR remains high
enough to ensure that greater than 99.9% of all fuel rods in the
core will avoid transition boiling if the limit is not violated,
thereby preserving the fuel cladding integrity.
Therefore, the proposed changes to technical specifications do
not involve a significant reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a no significant hazards
consideration.
The Commission is seeking public comments on this proposed
determination that the license amendment request involves no
significant hazards consideration. Any comments received by April 13,
2015, will be considered in making any final determination. You may
submit comments using any of the methods discussed under the ADDRESSES
section of this document.
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 notice period if the Commission concludes the amendment involves no
[[Page 13032]]
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
Should the Commission make a final No Significant Hazards Consideration
Determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests for hearing and petitions for leave to intervene shall be
filed in accordance with the NRC'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. 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/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
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 hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for 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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or 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).
If a hearing is requested, 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.
IV. 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-
[[Page 13033]]
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
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. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(iii).
Attorney for licensee: Ms. Jeanne Cho, Assistant General Counsel,
Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains,
New York 10601.
NRC Branch Chief: Benjamin G. Beasley.
Pilgrim Nuclear Power Station, Plymouth County, Massachusetts 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,
[[Page 13034]]
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.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
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\
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\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 6th day of March, 2015.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0........................... Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10.......................... Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) with
information: Supporting the standing of a
potential party identified by name and
address; describing the need for the
information in order for the potential
party to participate meaningfully in an
adjudicatory proceeding.
60.......................... Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; and (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7 petitioner/
requestor reply).
[[Page 13035]]
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/Intervener
reply to answers.
>A + 60..................... Decision on contention admission.
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[FR Doc. 2015-05679 Filed 3-11-15; 8:45 am]
BILLING CODE 7590-01-P
