Virgil C. Summer Nuclear Station, Units 2 and 3, 12751-12754 [2016-05259]
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
II. Introduction
I. Obtaining Information and
Submitting Comments
NUCLEAR REGULATORY
COMMISSION
A. Obtaining Information
[Docket Nos. 052–00027 and 052–00028;
NRC–2008–0441]
Virgil C. Summer Nuclear Station,
Units 2 and 3
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 (COLs), NPF–93 and NPF–94,
issued to South Carolina Electric and
Gas (SCE&G) and South Carolina Public
Service Authority (Santee Cooper) (the
licensee), for construction and operation
of the Virgil C. Summer Nuclear Station
(VCSNS), Units 2 and 3 located in
Fairfield County, South Carolina. The
proposed amendment to COL Appendix
C information, and supporting Tier 2
information, requires a corresponding
plant-specific Tier 1 departure and
exemption.
SUMMARY:
Submit comments by April 11,
2016. Requests for a hearing or petition
for leave to intervene must be filed by
May 9, 2016.
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–2008–0441. 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–12H08, 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.
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DATES:
SUPPLEMENTARY INFORMATION:
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Please refer to Docket ID NRC–2008–
0441 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–2008–0441.
• 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
January 14, 2016, and as revised and
replaced by letter dated, February 22,
2016, are available in ADAMS under
Accession No. ML16015A058 and
ML16053A405, respectively.
• 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–
0441 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.
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12751
The NRC is considering issuance of an
amendment to Facility Operating
License Nos. NPF–93 and NPF–94,
issued to SCE&G and Santee Cooper for
operation of the Virgil C. Summer
Nuclear Station Units 2 and 3, located
in Fairfield County, South Carolina.
The proposed amendment requires
changes to Tier 2 information and to the
associated COL Appendix C
information, with corresponding
changes to the plant-specific Tier 1
information, concerning the design
details of the auxiliary building
structural design, specifically the
tolerance for concrete wall thicknesses
for the column line J–1 and J–2
reinforced concrete walls connected to
the column line 4 structural module
wall (i.e., the north wall of the CA20
module). Because these propose changes
require corresponding changes to Tier 1
information in the Westinghouse
AP1000 Design Control Document
(DCD), the licensee also proposed a
departure and requested an exemption
from the requirements of the certified
AP1000 DCD Tier 1 in accordance with
§ 52.63(b)(1) of title 10 of the Code of
Federal Regulations (10 CFR).
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, 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.
The design functions of the auxiliary
building, including the column line J–
1 and J–2 walls, include requirements to
be designed as seismic Category I
structures, and to provide required fire
protection and radiological protection
features. The proposed changes to the
tolerance for concrete wall thicknesses
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for the column line J–1 and J–2 walls are
acceptable as they address construction
deviations without adversely affecting
the seismic Category I and other
structural design requirements, and by
continuing to provide required fire
protection and radiological protection
features, maintaining these design
functions.
These proposed changes to the design
of the column line J–1 and J–2 walls as
described in the current licensing basis
do not have an adverse effect on any of
the design functions of the systems. The
proposed changes do not affect the
support, design, or operation of
mechanical and fluid systems required
to mitigate the consequences of an
accident. There is no change to plant
systems or the response of systems to
postulated accident conditions. There is
no change to the predicted radioactive
releases due to postulated accident
conditions. The plant response to
previously evaluated accidents or
external events is not adversely affected,
nor do the proposed changes create any
new accident precursors.
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 changes revise the
design of the auxiliary building,
specifically the column line J–1 and J–
2 walls, as described in the current
licensing basis to enable the affected
walls to perform required design
functions, and are consistent with
Updated Final Safety Analysis Report
(UFSAR) information. The proposed
changes do not adversely affect the
design requirements for the column line
J–1 and J–2 walls. The proposed
changes do not adversely affect the
design function, support, design, or
operation of mechanical and fluid
systems. The proposed changes to the
column line J–1 and J–2 walls do not
result in a new failure mechanism or
introduce any new accident precursors.
No design function described in the
UFSAR is adversely affected by the
proposed changes.
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.
No safety analysis or design basis
acceptance limit/criterion is challenged
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or exceeded by the proposed changes,
and no margin of safety is reduced.
Therefore, the requested amendment
does not involve a significant reduction
in a margin of safety.
Therefore, the proposed changes do
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
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 notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license or
combined license. Requests for a
hearing and a petition for leave to
intervene shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
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located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
If a request for a hearing or petition
for leave to intervene is filed within 60
days, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
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proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing 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.
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, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, then any hearing held
would take place before the issuance of
any amendment unless the Commission
finds an imminent danger to the health
or safety of the public, in which case it
will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission by May 9, 2016. The
petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
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meet the requirements for petitions for
leave to intervene set forth in this
section, except that under § 2.309(h)(2)
a State, local governmental body, or
Federally-recognized Indian Tribe, or
agency thereof does not need to address
the standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian Tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted to make a limited
appearance pursuant to the provisions
of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or
written statement of position on the
issues, but may not otherwise
participate in the proceeding. A limited
appearance may be made at any session
of the hearing or at any prehearing
conference, subject to the limits and
conditions as may be imposed by the
presiding officer. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by May 9, 2016.
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
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12753
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
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
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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
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
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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 and exemption dated
January 14, 2016, as revised by letter
dated February 22, 2016.
Attorney for licensee: Ms. Kathryn M.
Sutton, Morgan, Lewis & Bockius LLC,
1111 Pennsylvania Avenue NW.,
Washington, DC 20004–2514.
NRC Branch Chief: John McKirgan
Dated at Rockville, Maryland, this 2nd day
of March 2016.
For the Nuclear Regulatory Commission.
John McKirgan,
Acting Chief, Licensing Branch 4, Division
of New Reactor Licensing, Office of New
Reactors.
[FR Doc. 2016–05259 Filed 3–9–16; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Combined
Federal Campaign Charity
Applications, OPM Forms 1647 A–E,
3206–0131
U.S. Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:
The Combined Federal
Campaign (CFC), Office of Personnel
Management (OPM) offers the general
public and other Federal agencies the
opportunity to comment on an
information collection request,
Combined Federal Campaign
Applications OMB Control No. 3206–
0131, which includes OPM Forms 1647
A–E. As required by the Paperwork
Reduction Act of 1995, (Pub. L. 104–13,
44 U.S.C. chapter 35) as amended by the
Clinger-Cohen Act (Pub. L. 104–106),
OPM is soliciting comments on this
collection. The Office of Personnel
Management is particularly interested in
comments that:
SUMMARY:
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1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
DATES: Comments are encouraged and
will be accepted until April 11, 2016.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the U.S. Office of Personnel
Management, Combined Federal
Campaign, 1900 E Street NW.,
Washington, DC 20415, Attention:
Marcus Glasgow or sent via electronic
mail to cfc@opm.gov.
FOR FURTHER INFORMATION CONTACT: A
copy of this information collection
request, with applicable supporting
documentation, may be obtained by
contacting the U.S. Office of Personnel
Management, Combined Federal
Campaign, 1900 E Street NW.,
Washington, DC 20415, Attention:
Marcus Glasgow or sent via electronic
mail to cfc@opm.gov.
SUPPLEMENTARY INFORMATION: The
Combined Federal Campaign (CFC) is
the world’s largest and most successful
annual workplace philanthropic giving
campaign, with 135 CFC campaigns
throughout the country and overseas
raising millions of dollars each year.
The mission of the CFC is to promote
and support philanthropy through a
program that is employee focused, costefficient, and effective in providing all
federal employees the opportunity to
improve the quality of life for all.
The Combined Federal Campaign
Eligibility Applications are used to
review the eligibility of national,
international, and local charitable
organizations and Department of
Defense Family Services and Youth
Activities (FSYA) and Morale, Welfare,
and Recreation (MWR) organizations
that wish to participate in the Combined
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Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12751-12754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05259]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 052-00027 and 052-00028; NRC-2008-0441]
Virgil C. Summer Nuclear Station, Units 2 and 3
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 (COLs), NPF-93 and NPF-
94, issued to South Carolina Electric and Gas (SCE&G) and South
Carolina Public Service Authority (Santee Cooper) (the licensee), for
construction and operation of the Virgil C. Summer Nuclear Station
(VCSNS), Units 2 and 3 located in Fairfield County, South Carolina. The
proposed amendment to COL Appendix C information, and supporting Tier 2
information, requires a corresponding plant-specific Tier 1 departure
and exemption.
DATES: Submit comments by April 11, 2016. Requests for a hearing or
petition for leave to intervene must be filed by May 9, 2016.
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-2008-0441. 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-12H08, 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:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2008-0441 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-2008-0441.
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 January 14, 2016, and as revised and
replaced by letter dated, February 22, 2016, are available in ADAMS
under Accession No. ML16015A058 and ML16053A405, respectively.
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-2008-0441 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-93 and NPF-94, issued to SCE&G and Santee
Cooper for operation of the Virgil C. Summer Nuclear Station Units 2
and 3, located in Fairfield County, South Carolina.
The proposed amendment requires changes to Tier 2 information and
to the associated COL Appendix C information, with corresponding
changes to the plant-specific Tier 1 information, concerning the design
details of the auxiliary building structural design, specifically the
tolerance for concrete wall thicknesses for the column line J-1 and J-2
reinforced concrete walls connected to the column line 4 structural
module wall (i.e., the north wall of the CA20 module). Because these
propose changes require corresponding changes to Tier 1 information in
the Westinghouse AP1000 Design Control Document (DCD), the licensee
also proposed a departure and requested an exemption from the
requirements of the certified AP1000 DCD Tier 1 in accordance with
Sec. 52.63(b)(1) of title 10 of the Code of Federal Regulations (10
CFR).
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, 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.
The design functions of the auxiliary building, including the
column line J-1 and J-2 walls, include requirements to be designed as
seismic Category I structures, and to provide required fire protection
and radiological protection features. The proposed changes to the
tolerance for concrete wall thicknesses
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for the column line J-1 and J-2 walls are acceptable as they address
construction deviations without adversely affecting the seismic
Category I and other structural design requirements, and by continuing
to provide required fire protection and radiological protection
features, maintaining these design functions.
These proposed changes to the design of the column line J-1 and J-2
walls as described in the current licensing basis do not have an
adverse effect on any of the design functions of the systems. The
proposed changes do not affect the support, design, or operation of
mechanical and fluid systems required to mitigate the consequences of
an accident. There is no change to plant systems or the response of
systems to postulated accident conditions. There is no change to the
predicted radioactive releases due to postulated accident conditions.
The plant response to previously evaluated accidents or external events
is not adversely affected, nor do the proposed changes create any new
accident precursors.
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 changes revise the design of the auxiliary building,
specifically the column line J-1 and J-2 walls, as described in the
current licensing basis to enable the affected walls to perform
required design functions, and are consistent with Updated Final Safety
Analysis Report (UFSAR) information. The proposed changes do not
adversely affect the design requirements for the column line J-1 and J-
2 walls. The proposed changes do not adversely affect the design
function, support, design, or operation of mechanical and fluid
systems. The proposed changes to the column line J-1 and J-2 walls do
not result in a new failure mechanism or introduce any new accident
precursors. No design function described in the UFSAR is adversely
affected by the proposed changes.
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.
No safety analysis or design basis acceptance limit/criterion is
challenged or exceeded by the proposed changes, and no margin of safety
is reduced.
Therefore, the requested amendment does not involve a significant
reduction in a margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license 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 notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
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proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing 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.
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, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by May
9, 2016. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submissions (E-Filing)'' section of
this document, and should meet the requirements for petitions for leave
to intervene set forth in this section, except that under Sec.
2.309(h)(2) a State, local governmental body, or Federally-recognized
Indian Tribe, or agency thereof does not need to address the standing
requirements in 10 CFR 2.309(d) if the facility is located within its
boundaries. A State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
May 9, 2016.
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-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
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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 and exemption dated January 14, 2016,
as revised by letter dated February 22, 2016.
Attorney for licensee: Ms. Kathryn M. Sutton, Morgan, Lewis &
Bockius LLC, 1111 Pennsylvania Avenue NW., Washington, DC 20004-2514.
NRC Branch Chief: John McKirgan
Dated at Rockville, Maryland, this 2nd day of March 2016.
For the Nuclear Regulatory Commission.
John McKirgan,
Acting Chief, Licensing Branch 4, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2016-05259 Filed 3-9-16; 8:45 am]
BILLING CODE 7590-01-P