Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 9601-9608 [2017-01933]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9601-9608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01933]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0003]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of three amendment requests. The amendment 
requests are for Seabrook Station, Unit No. 1; Virgil C. Summer Nuclear 
Station, Units 2 and 3; and Limerick Generating Station, Unit 2. The 
NRC proposes to determine that each amendment request involves no 
significant hazards consideration. Because each amendment request 
contains sensitive unclassified non-safeguards information (SUNSI), an 
order imposes procedures to obtain access to SUNSI for contention 
preparation.

DATES: Comments must be filed by March 9, 2017. A request for a hearing 
must be filed by April 10, 2017. Any potential party as defined in 
Sec.  2.4 of title 10 of the Code of Federal Regulations (10 CFR) who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by February 17, 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-2017-0003. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1927, email: Lynn.Ronewicz@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0003, facility name, unit 
number(s), plant docket number(s), application date, and subject 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-2017-0003.
     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

[[Page 9602]]

email to pdr.resource@nrc.gov. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     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-2017-0003, facility name, unit 
number(s), plant docket number(s), application date, and subject 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 post all comment submissions at https://www.regulations.gov, as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if 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. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave 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. 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/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (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.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 must 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 the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must 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 the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity

[[Page 9603]]

to participate fully in the conduct of the hearing with respect to 
resolution of that party's admitted contentions, including the 
opportunity to present evidence, consistent with the NRC's regulations, 
policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 establish 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 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 the 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 April 
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. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must 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 document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's 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 6 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

[[Page 9604]]

not filing electronically and 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, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: 
Rulemaking and Adjudications Staff. Participants filing adjudicatory 
documents 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly-available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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.

NextEra Energy Seabrook LLC, Docket No. 50-443, Seabrook Station, Unit 
No. 1, Rockingham County, New Hampshire

    Date of amendment request: August 1, 2016, as supplemented by 
letter dated September 30, 2016. Publicly-available versions are 
available in ADAMS under Package Accession Nos. ML16216A250 and 
ML16279A047, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Seabrook Station Updated Final Safety 
Analysis Report to include methods for analyzing seismic Category I 
structures with concrete affected by an alkali-silica reaction.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment is requesting approval of changes to the 
updated final safety analysis report (UFSAR) to allow a new method 
to analyze Alkali-Silica Reaction (ASR) related loads. The new 
methodology will verify that affected structures continue to have 
the capability to withstand all applied loads used in the original 
design of Seabrook structures. The proposed changes do not impact 
the physical function of plant structures, systems, or components 
(SSCs) or the manner in which SSCs perform their design function. 
The proposed changes do not alter or prevent the ability of operable 
SSCs to perform their intended function to mitigate the consequences 
of an event within assumed acceptance limits.
    The ASR-affected structures are not initiators of any accidents 
previously evaluated, and there are no accidents previously 
evaluated that involve a loss of structural integrity for seismic 
Category I structures. Approval of the UFSAR changes will 
demonstrate the structures affected by ASR will continue to maintain 
the capability to withstand all credible conditions of loading 
specified in the UFSAR.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed amendment is requesting approval of changes to the 
UFSAR to allow the use of a new method to analyze ASR related loads 
to verify that affected structures continue to have the capability 
to withstand applied loads used in the original design of Seabrook 
structures, with the addition of ASR loads and loads previously 
considered negligible. Approving the use of the new methodology will 
not create the possibility of a new or different kind of accident 
previously evaluated. The new methodology will demonstrate that 
structures continue to satisfy the design requirements of the code 
of construction and other applicable requirements with the 
additional load from ASR. Structures will respond to applied loads 
consistent with their original design.
    The proposed changes to the UFSAR do not challenge the integrity 
or performance of any safety-related systems. The changes do not 
alter the design, physical configuration, or method of operation of 
any plant SSC. No physical changes are made to the plant, other than 
as a result of the revised monitoring program, so no new causal 
mechanisms are introduced.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed amendment is requesting approval of changes to the 
UFSAR to allow the use of a new method to analyze ASR related loads 
to verify that affected structures continue to have the capability 
to withstand all applied loads used in the original design of 
Seabrook structures.
    The proposed methods for re-evaluating seismic Category I 
structures will demonstrate that structures satisfy the acceptance 
criteria in the current licensing basis when the loads associated 
with ASR expansion are included with other design loads and load 
combinations. The safety margin provided by the design codes in the 
current licensing basis will not be reduced since the proposed 
change is not requesting any change to the codes of record.
    The proposed changes to the UFSAR do not affect the margin of 
safety associated with confidence in the ability of the fission 
product barriers (i.e., fuel cladding, reactor coolant system 
pressure boundary, and containment structure) to limit the level of 
radiation dose to the public. The proposed changes do not alter any 
safety analyses assumptions, safety limits, limiting safety system 
settings, or methods of operating the plant. The changes do not 
adversely impact plant operating margins or the reliability of 
equipment credited in the safety analyses. The proposed changes do 
not adversely affect systems that respond to safely shutdown the 
plant and to maintain the plant in a safe shutdown condition.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: William Blair, Managing Attorney--Nuclear, 
Florida Power & Light Company, P.O. Box 14000, Juno Beach, Florida 
33408-0420.
    Acting NRC Branch Chief: Stephen S. Koenick.

[[Page 9605]]

South Carolina Electric and Gas Company, Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station, Units 2 and 3, Fairfield County, 
South Carolina

    Date of amendment request: November 28, 2016. A publicly-available 
version is available in ADAMS under Accession No. ML16334A199.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
requested amendment requires a change to the Combined License (COL) 
Appendix A, as well as plant-specific Tier 2, Tier 2 *, and COL 
Appendix C (and corresponding plant-specific Tier 1). The proposed 
changes would revise the licenses basis documents to add design detail 
to the automatic depressurization system (ADS) blocking device and to 
add the blocking device to the design of the in-containment refueling 
water storage tank injection squib valves actuation logic. An exemption 
request relating to the proposed changes to the AP1000 Design Control 
Document Tier 1 is included with the request.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below, with NRC staff edits in square 
brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The AP1000 accident analysis previously evaluated a loss of 
coolant accident caused by an inadvertent ADS valve actuation. 
Adding design detail to the ADS blocking device, and applying the 
blocking device to the IRWST [in-containment refueling water storage 
tank] injection valves, does not impact this analysis. Using a 
blocking device on the ADS and IRWST injection valves is a design 
feature which further minimizes the probability of a loss of coolant 
accident caused by a spurious valve actuation. Furthermore, because 
the blocking device is designed to prevent a spurious valve 
actuation due to a software CCF [common cause failure] and does not 
adversely impact any existing design feature, it does not involve a 
significant increase in the probability of an accident previously 
evaluated.
    The proposed amendment does not affect the prevention and 
mitigation of abnormal events, (e.g., accidents, anticipated 
operation occurrences, earthquakes, floods, turbine missiles, and 
fires) or their safety or design analyses. This change does not 
involve containment of radioactive isotopes or any adverse effect on 
a fission product barrier. There is no impact on previously 
evaluated accidents source terms. The PMS [protection and safety 
monitoring system] is still able to actuate ADS and IRWST injection 
valves for plant conditions which require their actuation.
    Therefore, the proposed amendment does not involve a significant 
increase in the consequences of an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not involve a new failure mechanism or 
malfunction, which affects an SSC [structure, system, or component] 
accident initiator, or interface with any SSC accident initiator or 
initiating sequence of events considered in the design and licensing 
bases. There is no adverse effect on radioisotope barriers or the 
release of radioactive materials. The proposed amendment does not 
adversely affect any accident, including the possibility of creating 
a new or different kind of accident from any accident previously 
evaluated.
    Therefore, the proposed changes do not create the possibility of 
a new or different type of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The blocking device is independent of PMS processor hardware and 
software. It is designed to allow for ADS and IRWST injection 
actuations when the plant parameters indicate an actual LOCA [loss-
of-coolant accident] event. Therefore, the ADS and IRWST are still 
able to perform their safety functions when required. A postulated 
failure of a blocking device which would prevent necessary ADS and 
IRWST injection valve opening would be detected by the proposed 
periodic surveillance testing within the TSs [Technical 
Specifications]. Failure of the ADS actuation or IRWST injection 
valve opening in a division could also result from concurrent 
failure of the two Core Makeup Tanks (CMTs) level sensors in one 
division, with both sensors reading above the blocking setpoint. 
Failures of the level sensors would be immediately detected due to 
the deviations in redundant measurements. Furthermore, the proposed 
TS actions require that the four divisions of blocking devices be 
capable of automatically unblocking for each CMT. In addition, the 
TS require that the blocking devices be unblocked in plant modes 
which allow for the operability of less than two CMTs.
    The blocking device will continue to comply with the existing 
UFSAR [Updated Final Safety Analysis Report] regulatory requirements 
and industry standards. The proposed changes would not affect any 
safety-related design code, function, design analysis, safety 
analysis input or result, or existing design/safety margin. No 
safety analysis or design basis acceptance limit/criterion is 
challenged or exceeded by the requested changes.
    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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn M. Sutton, Morgan, Lewis & Bockius 
LLC, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2514.
    NRC Branch Chief: Jennifer Dixon-Herrity.

Exelon Generation Company, LLC, Docket No. 50-353, Limerick Generating 
Station, Unit 2, Montgomery County, Pennsylvania

    Date of amendment request: December 16, 2016. A publicly-available 
version is available in ADAMS under Accession No. ML16351A078.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Limerick Generating Station (LGS), Unit 2, 
Technical Specifications related to the safety limit minimum critical 
power ratios. The proposed changes result from a cycle-specific 
analysis performed to support the operation of LGS, Unit 2, in the 
upcoming Cycle 15.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below, with NRC staff edits in square 
brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The derivation of the cycle specific Safety Limit Minimum 
Critical Power Ratios (SLMCPRs) for incorporation into the Technical 
Specifications (TS), and their use to determine cycle specific 
thermal limits, has been performed using the methodology discussed 
in NEDE-24011-P-A, ``General Electric Standard Application for 
Reactor Fuel,'' Revision 23 [ADAMS Accession No. ML16250A047].
    The basis of the SLMCPR calculation is to ensure that during 
normal operation and during abnormal operational transients, at 
least 99.9% of all fuel rods in the core do not experience 
transition boiling if the limit is not violated. The new SLMCPRs 
preserve the existing margin to transition boiling.
    The MCPR [minimum critical power ratio] safety limit is 
reevaluated for each reload using NRC-approved methodologies. The 
analyses for LGS, Unit 2 Cycle 15, have concluded that a two 
recirculation loop MCPR safety limit of >= 1.10, based on the

[[Page 9606]]

application of Global Nuclear Fuel's NRC-approved MCPR safety limit 
methodology, will ensure that this acceptance criterion is met. For 
single recirculation loop operation, a MCPR safety limit of >= 1.14 
also ensures that this acceptance criterion is met. The MCPR 
operating limits are presented and controlled in accordance with the 
LGS, Unit 2, Core Operating Limits Report (COLR).
    The requested TS changes do not involve any plant modifications 
or operational changes that could affect system reliability or 
performance or that could affect the probability of operator error. 
The requested changes do not affect any postulated accident 
precursors, do not affect any accident mitigating systems, and do 
not introduce any new accident initiation mechanisms.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The SLMCPR is a TS numerical value, calculated to ensure that 
during normal operation and during anticipated operational 
transients, at least 99.9% of all fuel rods in the core do not 
experience transition boiling if the limit is not violated. The new 
SLMCPRs are calculated using [the] NRC-approved methodology 
discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 23. The proposed changes do not involve 
any new modes of operation, any changes to setpoints, or any plant 
modifications. The proposed revised MCPR safety limits have been 
shown to be acceptable for Cycle 15 operation. The core operating 
limits will continue to be developed using NRC-approved methods. The 
proposed MCPR safety limits or methods for establishing the core 
operating limits do not result in the creation of any new precursors 
to an accident.
    Therefore, this change does not create the possibility of a new 
or different kind of accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    There is no reduction in the margin of safety previously 
approved by the NRC as a result of the proposed change to the 
SLMCPRs. The new SLMCPRs are calculated using methodology discussed 
in NEDE-24011-P-A, ``General Electric Standard Application for 
Reactor Fuel,'' Revision 23. The SLMCPRs ensure that during normal 
operation and during anticipated operational transients, at least 
99.9% of all fuel rods in the core do not experience transition 
boiling if the limit is not violated, thereby preserving the fuel 
cladding integrity.
    Therefore, the proposed TS changes do not involve a significant 
reduction in the margin of safety previously approved by the NRC.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, and with the changes noted above in square brackets, it 
appears that the three standards of 10 CFR 50.92(c) are satisfied. 
Therefore, the NRC staff proposes to determine that the amendment 
request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, 
Illinois 60555.
    Acting NRC Branch Chief: Stephen S. Koenick.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

NextEra Energy Seabrook LLC, Docket No. 50-443, Seabrook Station, Unit 
No. 1, Rockingham County, New Hampshire

South Carolina Electric and Gas Company, Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station, Units 2 and 3, Fairfield County, 
South Carolina

Exelon Generation Company, LLC, Docket No. 50-353, Limerick Generating 
Station, Unit 2, Montgomery County, Pennsylvania

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request access to SUNSI. A ``potential party'' is any person who 
intends to participate as a party by demonstrating standing and filing 
an admissible contention under 10 CFR 2.309. Requests for access to 
SUNSI submitted later than 10 days after publication of this notice 
will not be considered absent a showing of good cause for the late 
filing, addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The expedited delivery or courier mail address for both 
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, Maryland 20852. The email address for the Office of the 
Secretary and the Office of the General Counsel are 
Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\ The 
request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for

[[Page 9607]]

SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has been designated to rule on information access 
issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 24th of January, 2017.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            Supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------


[[Page 9608]]

[FR Doc. 2017-01933 Filed 2-6-17; 8:45 am]
 BILLING CODE 7590-01-P