Vogtle Electric Generating Plant, Units 3 and 4, 60937-60940 [2015-25688]
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–389; NRC–2015–0235]
Florida Power and Light Company St.
Lucie Plant, Unit 2
Nuclear Regulatory
Commission.
ACTION: 10 CFR 2.206 request; receipt.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is giving notice that
by petition dated March 10, 2014, as
supplemented, the Southern Alliance
for Clean Energy (SACE, the petitioner)
has requested that the NRC take
enforcement action with regard to
Florida Power and Light Company (FPL
or the licensee). The petitioner’s
requests are included in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: Please refer to Docket ID
NRC–2015–0235 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–2015–0235. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov.
• 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 at pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if that document
is available in ADAMS) is provided the
first time that a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
SUPPLEMENTARY INFORMATION: By letter
dated March 10, 2014 (ADAMS
Accession No. ML14071A431), as
supplemented,1 SACE requested a
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SUMMARY:
1 Supplements (ADAMS Accession Nos.
ML14071A431, ML14115A457, ML14115A458,
ML14125A514, ML14128A557, ML14143A412,
ML14147A523, ML14310A811, and
ML14337A792).
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hearing and that the NRC revoke the
de facto license amendment for the
replacement of the steam generators
(SGs) under section 50.59 of Title 10 of
the Code of Federal Regulations (10
CFR). As the basis for this request, the
petitioner stated that the § 50.59 process
was incorrectly applied and that
replacement of the SGs should have
required a license amendment under 10
CFR 50.90. The petitioner stated
concerns with how the licensee
implemented the § 50.59 process.
However, the Commission, by a
Memorandum and Order (CLI–14–11) 2
dated December 19, 2014, referred the
SACE’s hearing request to the Executive
Director for Operations for disposition
under 10 CFR 2.206.
The request is being treated pursuant
to 10 CFR 2.206 of the NRC’s
regulations. The NRC staff has reviewed
the petition and its supplements and
referred the request to the Director of
the Office of Nuclear Reactor
Regulation. The Director determined
that the petitioner’s request partially
meets the criteria for review under 10
CFR 2.206 and partially meets the
criteria for rejection.
The parts of the petition that met the
criteria for rejection are the SACE’s
concerns related to the inspection of the
replacement SGs, as well as the
concerns regarding the effects of the
extended power uprate on SG tube
inservice inspection and flow-induced
effects on the SG internals. These items
meet one criterion for rejection in
accordance with Management Directive
(MD) 8.11, on the basis that these issues
have already been reviewed, evaluated,
and resolved by the NRC staff. However,
the NRC staff determined that part of the
petition that addresses SACE’s concerns
regarding the licensee’s application of
the § 50.59 process, with respect to the
change in a methodology as described in
the Updated Final Safety Analysis
Report, meets the criteria for review of
a petition under 10 CFR 2.206. The NRC
staff will take appropriate action on this
petition within a reasonable time as
provided by 10 CFR 2.206.
Dated at Rockville, Maryland, this 28th day
of September 2015.
For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2015–25696 Filed 10–7–15; 8:45 am]
BILLING CODE 7590–01–P
2 Commission Memorandum and Order dated
December 19, 2014 (ADAMS Accession No.
ML14353A114).
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60937
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 052–00025 and 052–00026;
NRC–2008–0252]
Vogtle Electric Generating Plant, Units
3 and 4
Nuclear Regulatory
Commission.
AGENCY:
License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Combined
Licenses (NPF–91 and NPF–92), issued
to Southern Nuclear Operating
Company, Inc. (SNC), Georgia Power
Company, Oglethorpe Power
Corporation, MEAG Power SPVM, LLC.,
MEAG Power SPVJ, LLC., MEAG Power
SPVP, LLC., and the City of Dalton,
Georgia (together ‘‘the licensees’’), for
construction and operation of the Vogtle
Electric Generating Plant (VEGP), Units
3 and 4, located in Burke County,
Georgia.
SUMMARY:
Submit comments by November
9, 2015. Requests for a hearing or
petition for leave to intervene must be
filed by December 7, 2015.
DATES:
You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252. 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,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ruth C. Reyes, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–000; telephone:
301–415–3249; email: Ruth.Reyes@
nrc.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2008–
0252 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–2008–0252.
• 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
application for amendment, dated
September 18, 2015, is available in
ADAMS under Accession No.
ML15261A757.
• 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–2008–
0252 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 Facility Operating
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License Nos. NPF–91 and NPF–92,
issued to SNC and Georgia Power
Company for operation of the Vogtle
Electric Generating Plant, Units 3 and 4,
located in Burke County, Georgia.
The proposed changes would revise
the Combined Licenses (COLs) by
increasing the tolerances listed for four
concrete thicknesses in COL Appendix
C and plant-specific Tier 1 Table 3.3–1,
‘‘Definition of Wall Thicknesses for
Nuclear Island Buildings, Turbine
Building, and Annex Building,’’ from
±1″ to ±15⁄8″. Because, this proposed
change requires a departure from Tier 1
information in the Westinghouse
Advanced Passive 1000 Design Control
Document (DCD), the licensee also
requested an exemption from the
requirements of the Generic DCD Tier 1
in accordance with 52.63(b)(1).
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in § 50.92 of Title
10 of the Code of Federal Regulations
(10 CFR), 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?
Response: No.
As indicated in the Updated Final
Safety Analysis Report, Subsection
3.8.3.1, the containment internal
structures and associated modules
support the reactor coolant system
components and related piping systems
and equipment. The increase in
tolerance associated with the concrete
thickness of four of these containment
internal structure walls and the
deviation from American Concrete
Institute (ACI) 117 do not involve any
accident initiating components or
events, thus leaving the probabilities of
an accident unaltered. The increased
tolerance does not adversely affect any
safety-related structures or equipment
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nor does the increased tolerance reduce
the effectiveness of a radioactive
material barrier. Thus, the proposed
changes would not affect any safetyrelated accident mitigating function
served by the containment internal
structures.
Therefore, the proposed amendment
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 tolerance increases and
the code deviation from ACI 117 do not
change the performance of the affected
containment internal structures. As
demonstrated by the continued
conformance to the other applicable
codes and standards governing the
design of the structures, the walls with
an increased concrete thickness
tolerance continue to withstand the
same effects as previously evaluated.
There is no change to the design
function of the affected modules and
walls, and no new failure mechanisms
are identified as the same types of
accidents are presented to the walls
before and after the change.
Therefore, the proposed amendment
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.
The proposed change to increase the
concrete thickness tolerance for four
walls identified in COL Appendix C
Table 3.3–1 does not alter any design
function, design analysis, or safety
analysis input or result, and sufficient
margin exists to justify departure from
the ACI 117 requirements for the four
affected walls. As such, because the
system continues to respond to design
basis accidents in the same manner as
before without any changes to the
expected response of the structure, no
safety analysis or design basis
acceptance limit/criterion is challenged
or exceeded by the proposed changes.
Accordingly, no safety margin is
reduced by the increase of the wall
concrete thickness tolerance.
Therefore, the proposed amendment
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 license
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amendment request involves a No
Significant Hazards Consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. 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 notice period if the Commission
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period should
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example, in derating or shutdown of the
facility. Should the Commission take
action prior to the expiration of either
the comment period or the notice
period, it will publish in the Federal
Register a notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
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
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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,
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60939
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
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.
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
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
at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
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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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
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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, in some
instances, 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.
For further details with respect to this
action, see the application for license
amendment dated September 18, 2015.
Attorney for licensee: Mr. M. Stanford
Blanton, Balch & Bingham LLP, 1710
Sixth Avenue North, Birmingham, AL
35203–2015.
NRC Branch Chief: Lawrence
Burkhart.
Dated at Rockville, Maryland, this 1st day
of October 2015.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2015–25688 Filed 10–7–15; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
Extension: Rule 17Ad–11
[SEC File No. 270–261, OMB Control No.
3235–0274]
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
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Agencies
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60937-60940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25688]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]
Vogtle Electric Generating Plant, Units 3 and 4
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Combined Licenses (NPF-91 and NPF-92),
issued to Southern Nuclear Operating Company, Inc. (SNC), Georgia Power
Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG
Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton,
Georgia (together ``the licensees''), for construction and operation of
the Vogtle Electric Generating Plant (VEGP), Units 3 and 4, located in
Burke County, Georgia.
DATES: Submit comments by November 9, 2015. Requests for a hearing or
petition for leave to intervene must be filed by December 7, 2015.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252. 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, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ruth C. Reyes, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-000;
telephone: 301-415-3249; email: Ruth.Reyes@nrc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 60938]]
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2008-0252 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-2008-0252.
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
application for amendment, dated September 18, 2015, is available in
ADAMS under Accession No. ML15261A757.
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-2008-0252 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 Facility
Operating License Nos. NPF-91 and NPF-92, issued to SNC and Georgia
Power Company for operation of the Vogtle Electric Generating Plant,
Units 3 and 4, located in Burke County, Georgia.
The proposed changes would revise the Combined Licenses (COLs) by
increasing the tolerances listed for four concrete thicknesses in COL
Appendix C and plant-specific Tier 1 Table 3.3-1, ``Definition of Wall
Thicknesses for Nuclear Island Buildings, Turbine Building, and Annex
Building,'' from 1'' to 1\5/8\''. Because, this
proposed change requires a departure from Tier 1 information in the
Westinghouse Advanced Passive 1000 Design Control Document (DCD), the
licensee also requested an exemption from the requirements of the
Generic DCD Tier 1 in accordance with 52.63(b)(1).
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of Title 10 of the Code of Federal
Regulations (10 CFR), 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?
Response: No.
As indicated in the Updated Final Safety Analysis Report,
Subsection 3.8.3.1, the containment internal structures and associated
modules support the reactor coolant system components and related
piping systems and equipment. The increase in tolerance associated with
the concrete thickness of four of these containment internal structure
walls and the deviation from American Concrete Institute (ACI) 117 do
not involve any accident initiating components or events, thus leaving
the probabilities of an accident unaltered. The increased tolerance
does not adversely affect any safety-related structures or equipment
nor does the increased tolerance reduce the effectiveness of a
radioactive material barrier. Thus, the proposed changes would not
affect any safety-related accident mitigating function served by the
containment internal structures.
Therefore, the proposed amendment 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 tolerance increases and the code deviation from ACI
117 do not change the performance of the affected containment internal
structures. As demonstrated by the continued conformance to the other
applicable codes and standards governing the design of the structures,
the walls with an increased concrete thickness tolerance continue to
withstand the same effects as previously evaluated. There is no change
to the design function of the affected modules and walls, and no new
failure mechanisms are identified as the same types of accidents are
presented to the walls before and after the change.
Therefore, the proposed amendment 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.
The proposed change to increase the concrete thickness tolerance
for four walls identified in COL Appendix C Table 3.3-1 does not alter
any design function, design analysis, or safety analysis input or
result, and sufficient margin exists to justify departure from the ACI
117 requirements for the four affected walls. As such, because the
system continues to respond to design basis accidents in the same
manner as before without any changes to the expected response of the
structure, no safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by the proposed changes.
Accordingly, no safety margin is reduced by the increase of the wall
concrete thickness tolerance.
Therefore, the proposed amendment 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
license
[[Page 60939]]
amendment request involves a No Significant Hazards Consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. 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 notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
Should the Commission make a final No Significant Hazards Consideration
Determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.
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.
[[Page 60940]]
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 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, in some instances, 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.
For further details with respect to this action, see the
application for license amendment dated September 18, 2015.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Lawrence Burkhart.
Dated at Rockville, Maryland, this 1st day of October 2015.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2015-25688 Filed 10-7-15; 8:45 am]
BILLING CODE 7590-01-P