Vogtle Electric Generating Plant, Units 3 and 4, 89516-89520 [2016-29713]
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
50.80 (10 CFR 50.80), requesting approval of
the indirect transfer of control of
Susquehanna Nuclear’s interests in Renewed
Facility Operating License Nos. NPF–14 and
NPF–22, as well as the general license for the
SSES ISFSI. Future reference to SSES, Units
1 and 2 include the general license for the
SSES ISFSI. Susquehanna Nuclear is licensed
as the sole operator and has a 90 percent
undivided ownership interest in SSES, Units
1 and 2. The proposed indirect transfer of
licenses does not involve Allegheny, the
other (10 percent) owner of the units and a
nonoperating licensee for SSES, Units 1 and
2.
The indirect transfer of control results from
the ultimate parent of Susquehanna Nuclear’s
interests in the licenses, Talen Energy
Corporation (Talen), becoming wholly owned
by the portfolio companies of Riverstone,
which currently holds 35 percent in the
aggregate of the outstanding common stock of
Talen. As a result, all of the common stock
of Talen will become privately held by
affiliates of Riverstone, and Susquehanna
Nuclear will become indirectly controlled by
the portfolio companies of Riverstone.
The proposed indirect transfer of control
will result in no change to the role of
Susquehanna Nuclear as the licensed
operator of the units, no change to its
technical qualifications, and no change to its
ownership interest or that of Allegheny. No
changes will be made to the units or their
licensing bases as a result of the transfer, and
the transfer will not involve any changes to
the principal officers, managers, or staff of
Susquehanna Nuclear or to the day-to-day
management and operations of the units.
Approval of the indirect transfer of the
renewed facility operating licenses was
requested by the applicant. A notice of the
request for approval, the opportunity to
comment, and the opportunity to request a
hearing was published in the Federal
Register on October 4, 2016 (81 FR 68462).
One public comment was received regarding
the proposed license transfers. The NRC staff
addressed the comment in the Safety
Evaluation dated November 30, 2016,
supporting this Order. A request for access to
sensitive unclassified non-safeguards
information (SUNSI) made pursuant to the
Order Imposing Procedures for Access to
SUNSI for Contention Preparation, included
with the Federal Register notice, was
received on October 11, 2016, from Mr.
Sabatini Monatesti of Berwick, Pennsylvania.
On October 20, 2016, the NRC staff denied
this access request. On October 24, 2016, Mr.
Monatesti appealed the NRC staff’s denial of
his access request. On November 21, 2016, an
Atomic Safety and Licensing Board affirmed
the NRC staff’s denial.
Pursuant to 10 CFR 50.80, no license, or
any right thereunder, shall be transferred,
directly or indirectly, through transfer of
control of the license, unless the Commission
shall give its consent in writing. Upon review
of the information in the licensee’s
application, and other information before the
Commission, and relying upon the
representations and agreements contained in
the application, the NRC staff has determined
that the portfolio companies of Riverstone are
qualified to hold the ownership interests in
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the facility previously held by Talen. The
NRC staff has also determined that
Susquehanna Nuclear remains qualified to
hold the operating authority under the
licenses, and that the indirect transfer of
ownership interests in the facility to
Riverstone, as described in the application, is
otherwise consistent with the applicable
provisions of law, regulations, and orders
issued by the Commission, pursuant thereto.
The findings set forth above are supported by
the NRC Safety Evaluation dated November
30, 2016.
III.
Accordingly, pursuant to Sections 161b,
161i, and 184 of the Atomic Energy Act of
1954, as amended (the Act); 42 U.S.C.
2201(b), 2201(i), and 2234; and 10 CFR 50.80,
it is hereby ordered that the application
regarding the proposed indirect license
transfers to the portfolio companies of
Riverstone is approved, subject to the
following conditions:
1. Susquehanna Nuclear, LLC shall not
take any action that would cause Riverstone
or any other direct or indirect parent of
Susquehanna Nuclear, LLC or other entity, to
void, cancel, or diminish the commitment to
fund an extended plant shutdown, as
represented in the application for approval of
the indirect transfer of the licenses for SSES,
Units 1 and 2, as applicable.
2. The transaction will not alter the
Support Agreement and the Support
Agreement will remain in effect in
accordance with license conditions in
Appendix C of the SSES licenses.
It is further ordered that Susquehanna
Nuclear shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of the date of closing of the transfer,
no later than 2 business days prior to the date
of the closing of the indirect transfer. Should
the indirect transfer of the licenses not be
completed within 1 year of this Order’s date
of issue, this Order shall become null and
void, provided, however, upon written
application and for good cause shown, such
date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application dated June 29,
2016 (Agencywide Documents Access and
Management System (ADAMS) Package
Accession No. ML16181A414), as
supplemented by letter dated November 14,
2016 (ADAMS Accession No.
ML16320A436), and the non-proprietary
Safety Evaluation dated November 30, 2016,
(ADAMS Accession No. ML16320A080),
which are available for public inspection at
the Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1–F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available documents created or
received at the NRC are accessible
electronically through ADAMS in the NRC
Library at https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access
to ADAMS, or who encounter problems in
accessing the documents located in ADAMS,
should contact the NRC PDR reference staff
by telephone at 1–800–397–4209, 301–415–
4737, or by email at pdr.resource@nrc.gov.
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Dated at Rockville, Maryland, this 30th day
of November 2016.
For the Nuclear Regulatory Commission.
Eric J. Benner,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2016–29716 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 052–00025 and 052–00026;
NRC–2008–0252]
Vogtle Electric Generating Plant, Units
3 and 4
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment and
exemption to Combined Licenses (NPF–
91 and NPF–92), issued to Southern
Nuclear Operating Company, Inc. (SNC),
and Georgia Power Company,
Oglethorpe Power Corporation, MEAG
Power SPVM, LLC, MEAG Power SPVJ,
LLC, MEAG Power SPVP, LLC,
Authority of Georgia, 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 January 11,
2017. Requests for a hearing or petition
for leave to intervene must be filed by
February 10, 2017.
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.
SUMMARY:
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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
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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
November 4, 2016, and supplemented
by letter dated November 16, 2016 are
available in ADAMS under Accession
Nos. ML16319A120 and ML16321A416,
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–
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
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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 VEGP
Units 3 and 4, located in Burke County,
Georgia. An individual Federal Register
notice was published on June 6, 2014
(79 FR 32771) providing an opportunity
to comment, request a hearing, and
petition for leave to intervene for a
License Amendment Request (LAR 13–
024) with the same subject for the VEGP
combined licenses. The licensee
withdrew its request in a letter dated
December 17, 2015.
The proposed changes would revise
the Combined Licenses to reflect an
increase in the efficiency of the return
of condensate utilized by the passive
core cooling system (PXS) to the incontainment refueling water storage
tank (IRWST) to support the capability
for long-term cooling. Because, this
proposed change requires a departure
from Tier 1 information in the
Westinghouse AP1000 Design Control
Document (DCD), the licensee also
requested an exemption from the
requirements of the Generic DCD Tier 1
in accordance with section 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 10 CFR 50.92,
this means that operation of the facility
in accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. 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?
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Response: No.
The proposed containment condensate
flow path changes provide sufficient
condensate return flow to maintain Incontainment Refueling Water Storage Tank
(IRWST) level above the top of the Passive
Residual Heat Removal Heat Exchanger
(PRHR HX) tubes long enough to prevent
PRHR HX performance degradation from that
considered in the UFSAR Chapter 15 safety
analyses.
The added components are seismically
qualified and constructed of only those
materials appropriately suited for exposure to
the reactor coolant environment as described
in UFSAR Section 6.1. No aluminum is
permitted to be used in the construction of
these components so that they do not
contribute to hydrogen production in
containment.
The proposed changes clarify the design
basis for the PRHR HX, which removes decay
heat from the Reactor Coolant System (RCS)
during a non-loss of coolant accident (nonLOCA). With operator action to avoid
unnecessary Automatic Depressurization
System (ADS) actuation based on RCS
conditions, PRHR HX operation can be
extended longer than is maintained
automatically by the protection and safety
monitoring system. Though analysis shows
significantly greater capacity, the extent of
capability of the PRHR HX in the licensing
basis is changed from operating indefinitely
to operating for at least 72 hours. If PRHR HX
capability was exhausted after 72 hours, the
ADS is actuated, which could result in
significant containment floodup. However,
the probabilistic analysis shows that the
probability of design basis containment
floodup after PRHR HX operation during a
non-LOCA event is significantly lower than
the probability of a small break LOCA, for
which comparable containment floodup is
anticipated. Therefore, the probability of
significant containment floodup is not
increased.
The proposed changes do not affect
components whose failure could initiate an
event, thus the probabilities of the accidents
previously evaluated are not affected. The
affected equipment does not adversely affect
or interact with safety-related equipment or
another radioactive material barrier. The
proposed changes clarify the post-accident
performance requirements for the PRHR HX.
However, the proposed changes do not
prevent the engineered safety features from
performing their safety-related accident
mitigating functions. The radioactive
material source terms and release paths used
in the safety analyses are unchanged, thus
the radiological releases in the UFSAR
accident analyses are not affected.
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 long-term safe shutdown analysis
results show that the PRHR HX continues to
meet its acceptance criterion, i.e., to cool the
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Reactor Coolant System (RCS) to below 420
°F in 36 hours. The added equipment does
not adversely interface with any component
whose failure could initiate an accident, or
any component that contains radioactive
material. The modified components do not
incorporate any active features relied upon to
support normal operation. The downspout
and gutter return components are seismically
qualified to remain in place and function
during seismic and dynamic events. The
containment condensate flow path changes
do not create a new fault or sequence of
events that could result in a radioactive
material release.
The proposed change quantifies the
duration that the PRHR HX is capable of
maintaining adequate core cooling, and
specifies that if the PRHR HX cooling
capability is exhausted, the ADS is actuated.
This involves the possibility of opening the
ADS valves after the IRWST water level has
decreased below the spargers, which promote
steam condensation in the IRWST. During
this condition, the loads on the IRWST,
spargers, and any internal structures or
components in the IRWST are still less than
their limiting loads, and these SSCs are not
adversely affected or cause a different mode
of operation. Therefore, no new type of
accident could be created by this condition.
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 changes do not reduce the
redundancy or diversity of any safety-related
function. The added components are
classified as safety-related, seismically
qualified, and are designed to comply with
applicable design codes. The proposed
containment condensate flow path changes
provide sufficient condensate return flow to
maintain adequate IRWST water level for
those events using the PRHR HX cooling
function. The long-term Shutdown
Temperature Evaluation results in UFSAR
Appendix 19E show the PRHR HX continues
to meet its acceptance criterion. The UFSAR
Chapters 6 and 15 analyses results are not
affected, thus margins to their regulatory
acceptance criteria are unchanged. The
former design basis, which stated the PRHR
HX could bring the plant to 420 °F within 36
hours is changed to state the heat exchanger
can establish safe, stable conditions in the
reactor coolant system after a design basis
event. Such safe, stable conditions may not
coincide with a core average temperature of
420 °F. However, the PRHR HX is able to
bring the RCS to a sufficiently low
temperature such that RCS conditions are
comparable to those achieved at 420 °F—
peak cladding temperatures and departure
from nucleate boiling are maintained within
acceptable limits of the evaluation criteria
with adequate margin. No safety analysis or
design basis acceptance limit/criterion is
challenged or exceeded by the proposed
changes, thus no margin of safety is reduced.
Therefore, the proposed amendment does
not involve a significant reduction in a
margin of safety.
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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 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, the Commission will publish a
notice of issuance in the Federal
Register. Should the Commission make
a final no significant hazards
consideration determination, any
hearing will take place after issuance.
The Commission expects that the need
to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and a petition to intervene
(petition) with respect to the action.
Petitions shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a petition is filed
within 60 days, the Commission or a
presiding officer designated by the
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Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the petition; and the Secretary
or the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a
petition 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
petitioner; (2) the nature of the
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the 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
petitioner’s interest. The petition must
also set forth the specific contentions
which the 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 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 petitioner intends to rely in
proving the contention at the hearing.
The petitioner must also provide
references to those specific sources and
documents of which the petitioner is
aware and on which the petitioner
intends to rely to establish those facts or
expert opinion to support its position on
the issue. 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
proceeding. The contention must be one
which, if proven, would entitle the
petitioner to relief. A 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
consistent with the NRC’s regulations,
policies, and procedures.
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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) through (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
February 10, 2017. 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 set forth in
this section, except that under 10 CFR
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
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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. Details regarding the
opportunity to make a limited
appearance will be provided by the
presiding officer if such sessions are
scheduled.
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
(hereinafter ‘‘petition’’), 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, as amended at 77 FR
46562, August 3, 2012). 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 petition (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 available on the
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NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
adjudicatory-sub.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
Electronic Filing Help Desk will not be
able to offer assistance in using unlisted
software.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a petition. Submissions should
be in Portable Document Format (PDF).
Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.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 EFiling 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 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 Electronic Filing 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
Electronic Filing Help Desk is available
between 9 a.m. and 7 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 stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
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, 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
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 November 4, 2016.
Attorney for licensee: Mr. M. Stanford
Blanton, Balch & Bingham LLP, 1710
Sixth Avenue North, Birmingham, AL
35203–2015.
NRC Branch Chief: Jennifer DixonHerrity.
Dated at Rockville, Maryland, this 2nd day
of December 2016.
For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2016–29713 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review, Request for Comments
Summary: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) is forwarding
three Information Collection Requests
(ICR) to the Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget (OMB). Our
ICR describes the information we seek
to collect from the public. Review and
approval by OIRA ensures that we
impose appropriate paperwork burdens.
The RRB invites comments on the
proposed collections of information to
determine (1) the practical utility of the
collections; (2) the accuracy of the
estimated burden of the collections; (3)
ways to enhance the quality, utility, and
clarity of the information that is the
subject of collection; and (4) ways to
minimize the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to the RRB or OIRA must
contain the OMB control number of the
ICR. For proper consideration of your
comments, it is best if the RRB and
OIRA receive them within 30 days of
the publication date.
Title and purpose of information
collection: Supplement to Claim of
Person Outside the United States; OMB
3220–0155.
Under the Social Security
Amendments of 1983 (Pub. L. 98–21),
which amends Section 202(t) of the
Social Security Act, effective January 1,
1985, the Tier I or the overall minimum
(O/M) portion of an annuity, and
Medicare benefits payable under the
Railroad Retirement Act to certain
beneficiaries living outside the U.S.,
may be withheld. The benefit
withholding provision of Public Law
98–21 applies to divorced spouses,
spouses, minor or disabled children,
students, and survivors of railroad
employees who (1) initially became
eligible for Tier I amounts, O/M shares,
and Medicare benefits after December
31, 1984; (2) are not U.S. citizens or U.S.
nationals; and (3) have resided outside
the U.S. for more than six consecutive
months starting with the annuity
beginning date. The benefit withholding
provision does not apply, however to a
beneficiary who is exempt under either
a treaty obligation of the U.S., in effect
on August 1, 1956, or a totalization
agreement between the U.S. and the
country in which the beneficiary
resides, or to an individual who is
exempt under other criteria specified in
Public Law 98–21.
RRB Form G–45, Supplement to
Claim of Person Outside the United
States, is currently used by the RRB to
determine applicability of the
withholding provision of Public Law
98–21. Completion of the form is
required to obtain or retain a benefit.
One response is requested of each
respondent.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (81 FR 69873 on October
7, 2016) required by 44 U.S.C.
3506(c)(2). That request elicited no
comments.
Information Collection Request (ICR).
Title: Supplement to Claim of Person
Outside the United States.
OMB Control Number: 3220–0155.
Form(s) submitted: G–45.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Individuals or
Households.
Abstract: Under Public Law 98–21,
the Tier I or the overall minimum
portion of an annuity and Medicare
benefits payable under the Railroad
Retirement Act to certain beneficiaries
living outside the United States may be
withheld. The collection obtains the
information needed by the Railroad
Retirement Board to implement the
benefit withholding provisions of Public
Law 98–21.
Changes proposed: The RRB proposes
no changes to Form G–45.
The burden estimate for the ICR is as
follows:
Form No.
Annual
responses
Time
(minutes)
Burden
(hours)
G–45 ............................................................................................................................................
100
10
17
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
PO 00000
Frm 00096
Fmt 4703
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Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89516-89520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29713]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment and exemption to Combined Licenses (NPF-91 and
NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and
Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM,
LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia,
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 January 11, 2017. Requests for a hearing or
petition for leave to intervene must be filed by February 10, 2017.
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.
[[Page 89517]]
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-2008-0252 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 November 4, 2016, and supplemented by
letter dated November 16, 2016 are available in ADAMS under Accession
Nos. ML16319A120 and ML16321A416, 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-2008-0252 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 VEGP Units 3 and 4, located in Burke
County, Georgia. An individual Federal Register notice was published on
June 6, 2014 (79 FR 32771) providing an opportunity to comment, request
a hearing, and petition for leave to intervene for a License Amendment
Request (LAR 13-024) with the same subject for the VEGP combined
licenses. The licensee withdrew its request in a letter dated December
17, 2015.
The proposed changes would revise the Combined Licenses to reflect
an increase in the efficiency of the return of condensate utilized by
the passive core cooling system (PXS) to the in-containment refueling
water storage tank (IRWST) to support the capability for long-term
cooling. Because, this proposed change requires a departure from Tier 1
information in the Westinghouse AP1000 Design Control Document (DCD),
the licensee also requested an exemption from the requirements of the
Generic DCD Tier 1 in accordance with section 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 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed containment condensate flow path changes provide
sufficient condensate return flow to maintain In-containment
Refueling Water Storage Tank (IRWST) level above the top of the
Passive Residual Heat Removal Heat Exchanger (PRHR HX) tubes long
enough to prevent PRHR HX performance degradation from that
considered in the UFSAR Chapter 15 safety analyses.
The added components are seismically qualified and constructed
of only those materials appropriately suited for exposure to the
reactor coolant environment as described in UFSAR Section 6.1. No
aluminum is permitted to be used in the construction of these
components so that they do not contribute to hydrogen production in
containment.
The proposed changes clarify the design basis for the PRHR HX,
which removes decay heat from the Reactor Coolant System (RCS)
during a non-loss of coolant accident (non-LOCA). With operator
action to avoid unnecessary Automatic Depressurization System (ADS)
actuation based on RCS conditions, PRHR HX operation can be extended
longer than is maintained automatically by the protection and safety
monitoring system. Though analysis shows significantly greater
capacity, the extent of capability of the PRHR HX in the licensing
basis is changed from operating indefinitely to operating for at
least 72 hours. If PRHR HX capability was exhausted after 72 hours,
the ADS is actuated, which could result in significant containment
floodup. However, the probabilistic analysis shows that the
probability of design basis containment floodup after PRHR HX
operation during a non-LOCA event is significantly lower than the
probability of a small break LOCA, for which comparable containment
floodup is anticipated. Therefore, the probability of significant
containment floodup is not increased.
The proposed changes do not affect components whose failure
could initiate an event, thus the probabilities of the accidents
previously evaluated are not affected. The affected equipment does
not adversely affect or interact with safety-related equipment or
another radioactive material barrier. The proposed changes clarify
the post-accident performance requirements for the PRHR HX. However,
the proposed changes do not prevent the engineered safety features
from performing their safety-related accident mitigating functions.
The radioactive material source terms and release paths used in the
safety analyses are unchanged, thus the radiological releases in the
UFSAR accident analyses are not affected.
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 long-term safe shutdown analysis results show that the PRHR
HX continues to meet its acceptance criterion, i.e., to cool the
[[Page 89518]]
Reactor Coolant System (RCS) to below 420 [deg]F in 36 hours. The
added equipment does not adversely interface with any component
whose failure could initiate an accident, or any component that
contains radioactive material. The modified components do not
incorporate any active features relied upon to support normal
operation. The downspout and gutter return components are
seismically qualified to remain in place and function during seismic
and dynamic events. The containment condensate flow path changes do
not create a new fault or sequence of events that could result in a
radioactive material release.
The proposed change quantifies the duration that the PRHR HX is
capable of maintaining adequate core cooling, and specifies that if
the PRHR HX cooling capability is exhausted, the ADS is actuated.
This involves the possibility of opening the ADS valves after the
IRWST water level has decreased below the spargers, which promote
steam condensation in the IRWST. During this condition, the loads on
the IRWST, spargers, and any internal structures or components in
the IRWST are still less than their limiting loads, and these SSCs
are not adversely affected or cause a different mode of operation.
Therefore, no new type of accident could be created by this
condition.
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 changes do not reduce the redundancy or diversity
of any safety-related function. The added components are classified
as safety-related, seismically qualified, and are designed to comply
with applicable design codes. The proposed containment condensate
flow path changes provide sufficient condensate return flow to
maintain adequate IRWST water level for those events using the PRHR
HX cooling function. The long-term Shutdown Temperature Evaluation
results in UFSAR Appendix 19E show the PRHR HX continues to meet its
acceptance criterion. The UFSAR Chapters 6 and 15 analyses results
are not affected, thus margins to their regulatory acceptance
criteria are unchanged. The former design basis, which stated the
PRHR HX could bring the plant to 420 [deg]F within 36 hours is
changed to state the heat exchanger can establish safe, stable
conditions in the reactor coolant system after a design basis event.
Such safe, stable conditions may not coincide with a core average
temperature of 420 [deg]F. However, the PRHR HX is able to bring the
RCS to a sufficiently low temperature such that RCS conditions are
comparable to those achieved at 420 [deg]F--peak cladding
temperatures and departure from nucleate boiling are maintained
within acceptable limits of the evaluation criteria with adequate
margin. No safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by the proposed changes, thus no
margin of safety is reduced.
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 amendment request involves 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, the Commission will publish a notice of issuance in the Federal
Register. Should the Commission make a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition to intervene (petition)
with respect to the action. Petitions shall be filed in accordance with
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR
part 2. Interested persons 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 petition 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 petition; and the Secretary or the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition 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
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest. The petition
must also set forth the specific contentions which the 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
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 petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to those specific sources and
documents of which the petitioner is aware and on which the petitioner
intends to rely to establish those facts or expert opinion to support
its position on the issue. 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 proceeding. The contention must be one
which, if proven, would entitle the petitioner to relief. A 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 consistent with the NRC's regulations, policies, and
procedures.
[[Page 89519]]
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) through (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 February 10, 2017. 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 set forth in this section, except that under 10 CFR
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. Details regarding the opportunity to
make a limited appearance will be provided by the presiding officer if
such sessions are scheduled.
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 (hereinafter
``petition''), 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, as amended at 77
FR 46562, August 3, 2012). 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 petition (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 available on the NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be
able to offer assistance in using unlisted software.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should be in Portable Document Format (PDF). Additional
guidance on PDF submissions is available on the NRC's public Web site
at https://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic
Filing 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 Electronic Filing Help Desk is available between 9 a.m.
and 7 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
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class
[[Page 89520]]
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, 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 November 4, 2016.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Jennifer Dixon-Herrity.
Dated at Rockville, Maryland, this 2nd day of December 2016.
For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2016-29713 Filed 12-9-16; 8:45 am]
BILLING CODE 7590-01-P