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, 13019-13026 [2017-04502]
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in the Federal Register on September
15, 2016 (81 FR 63500). The NRC
received 22 comments and no hearing
requests. All comments were in support
of the proposed action.
Under 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 NRC shall give its
consent in writing. Upon review of the
information in the application, and
other information before the NRC, and
relying upon the representations and
agreements contained in the
application, the NRC staff has
determined that Exelon is qualified to
hold the FitzPatrick renewed facility
operating license and the FitzPatrick
ISFSI general license. The NRC staff has
also determined that the transfer of
these licenses is otherwise consistent
with the applicable provisions of law,
regulations, and orders issued by the
NRC, pursuant thereto, subject to the
condition set forth below.
Upon review of the application for a
conforming license amendment to
reflect this transfer, the NRC staff has
determined that the application for the
conforming license amendment
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations set
forth in 10 CFR chapter I; the facility
will operate in conformity with the
application, the provisions of the Act,
and the rules and regulations of the
Commission; there is reasonable
assurance that the activities authorized
by this amendment can be conducted
without endangering the health and
safety of the public and that such
activities will be conducted in
compliance with the Commission’s
regulations; the issuance of this
amendment will not be inimical to the
common defense and security or to the
health and safety of the public; and the
issuance of this amendment will be in
accordance with 10 CFR part 51 of the
Commission’s regulations and all
applicable requirements will have been
satisfied.
The findings set forth above are
supported by an NRC safety evaluation
dated March 1, 2017, and available
under Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML17041A196.
III.
Accordingly, pursuant to Sections
161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended (the
Act), 42 USC §§ 2201(b), 2201(i), and
2234; and 10 CFR 50.80, it is hereby
ordered that the application regarding
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the proposed direct license transfer is
approved, subject to the following
condition:
Director, Office of Nuclear Reactor
Regulation.
Prior to the completion of the license
transfer, Exelon Generation Company, LLC
shall provide satisfactory documentary
evidence to the Director of the Office of
Nuclear Reactor Regulation that it has
obtained the appropriate amount of
insurance required of a licensee under 10
CFR part 140 and 10 CFR part 50.
13019
BILLING CODE 7590–01–P
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the license to reflect the subject direct
license transfer is approved. The
amendment shall be issued and made
effective at the time the proposed direct
license transfer is completed.
It is further ordered that, after receipt
of all required regulatory approvals of
the proposed direct license transfer,
Exelon shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of such receipt, and of the date
of closing of the transfer, no later than
2 business days prior to the date of the
closing of the direct license transfer.
Should the proposed direct license
transfer not be completed within 1 year
of this Order’s date of issuance, 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 August
18, 2016 (ADAMS Accession No.
ML16235A081), as supplemented by
letter dated November 29, 2016
(ADAMS Accession No. ML16335A104),
and the NRC’s nonproprietary Safety
Evaluation dated March 1, 2017
(ADAMS Accession No. ML17041A196),
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 or 301–415–4737, or
by email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 1st day
of March 2017.
For the Nuclear Regulatory Commission.
William M. Dean,
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[FR Doc. 2017–04537 Filed 3–7–17; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0047]
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
Nuclear Regulatory
Commission.
ACTION: License amendment request;
notice of opportunity to comment,
request a hearing, and petition for leave
to intervene; order imposing
procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of three
amendment requests. The amendment
requests are for LaSalle County Station,
Units 1 and 2; Virgil C. Summer Nuclear
Station, Units 2 and 3; and Vogtle
Electric Generating Plant, Units 3 and 4.
For each amendment request, the NRC
proposes to determine that they involve
no significant hazards consideration.
Because each amendment request
contains sensitive unclassified nonsafeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
SUMMARY:
Comments must be filed by April
7, 2017. A request for a hearing must be
filed by May 8, 2017. Any potential
party as defined in § 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 March 20,
2017.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0047. 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
DATES:
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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:
Janet Burkhardt, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1384, email: Janet.Burkhardt@nrc.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2017–
0047, facility name, unit number(s),
plant docket number, application date,
and subject 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–2017–0047.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in 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–
0047, facility name, unit number(s),
plant docket number, 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
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disclosed in your comment submission.
The NRC will 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 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
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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 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/doccollections/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
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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
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
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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 May 8, 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, Federallyrecognized 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
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13021
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/sitehelp/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
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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/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 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
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
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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.
Exelon Generation Company, LLC,
Docket Nos. 50–373 and 50–374, LaSalle
County Station (LSCS), Units 1 and 2,
LaSalle County, Illinois
Date of amendment request: October
27, 2016. A publicly-available version is
in ADAMS under Accession No.
ML16305A291.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The proposed
changes revise the suppression pool
swell design analysis. The new analysis
utilizes a different computer code and
incorporates different analysis
assumptions than the current analysis.
The changes are necessary because the
current design analysis determining the
suppression pool swell response to a
loss-of-coolant accident (LOCA) was
determined to be non-conservative.
These changes to the suppression pool
swell design analysis do not require any
changes to the LSCS Technical
Specifications. Changes to the LSCS’
updated final safety analysis report
related to changes to the suppression
pool swell design analysis will be made
in accordance with 10 CFR 50.71(e).
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
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issue of no significant hazards
consideration, which is presented
below:
1. Do the proposed changes involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed changes involve the
reanalysis of the suppression pool swell
phenomenon that results from the postulated
DBA [design-basis accident] LOCA. The
proposed changes resolve a non-conforming
condition involving historical design
analyses performed to demonstrate the
adequacy of items subject to loads resulting
from the suppression pool swell phenomena.
The proposed changes do not affect plant
operations or any design function. The
probability of the DBA LOCA or any other
accident occurring is not altered as the pool
swell phenomenon occurs after a design basis
accident or transient and therefore does not
impact any accident initiators.
The changes revising the suppression pool
swell design analysis will not affect
radiological dose consequence analyses. The
consequences of accidents previously
evaluated will not be increased by the
proposed changes. The consequences of the
pool swell event remain within acceptable
margins.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Do the proposed changes create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated because they do not involve the
addition of any new components or systems.
The proposed changes do not alter the design
function of components or systems that could
initiate a new or different kind of accident.
The proposed changes do not alter how
components or systems are controlled or
utilized.
The suppression pool swell phenomenon
is one transient that results from the
postulated LOCA event, which has
previously been evaluated. The impact upon
analyses is limited to those associated with
the pool swell phenomena.
Therefore, the proposed changes do not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Do the proposed changes involve a
significant reduction in a margin of safety?
Response: No.
The changes revising the suppression pool
swell design analysis do not represent a
significant change in a margin of safety.
Following main vent clearing, an air/steam
bubble forms at the vent exit. This causes a
hydrostatic pressure increase in the pool
water resulting in a loading condition on the
pool boundaries. The steam condenses in the
pool. However, the continued addition and
expansion of the drywell air causes the pool
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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
volume to swell, resulting in the rise of the
pool surface and associated drag and impact
loads on surrounding structures.
The proposed changes to the suppression
pool swell design analysis do not alter any
design basis or safety limit established in the
license. The proposed changes to the
suppression pool swell design analysis were
evaluated to the NRC acceptance criteria, and
the changes comply with established criteria
and do not significantly reduce a margin of
safety.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
mstockstill on DSK3G9T082PROD with NOTICES
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
requested amendments involve no
significant hazards consideration.
Attorney for licensee: Tamra Domeyer,
Associate General Counsel, Exelon
Generation Company, 4300 Winfield
Road, Warrenville, Illinois 60555.
NRC Branch Chief: David J. Wrona.
South Carolina Electric & Gas Company
and South Carolina Public Service
Authority, 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 21, 2016. A publiclyavailable version is in ADAMS under
Accession No. ML16326A394.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment
request proposes changes to plantspecific Tier 1 information and
corresponding changes to Combined
License (COL) Appendix C, plantspecific Design Control Document
(DCD) Tier 2* and associated Tier 2
material incorporated into the updated
final safety analysis report, by revising
the design details for the shield building
roof, tension ring, and air inlets and
removing tie rods. An exemption
request relating to the proposed changes
to the AP1000 DCD 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:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The design functions of the nuclear island
structures are to provide support, protection,
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17:34 Mar 07, 2017
Jkt 241001
and separation for the seismic Category I
mechanical and electrical equipment located
in the nuclear island. The nuclear island
structures are structurally designed to meet
seismic Category I requirements as defined in
Regulatory Guide 1.29.
The change of the design details for the
shield building roof, tension ring, and air
inlets and removal of the tie rods do not have
an adverse impact on the response of the
nuclear island structures to safely shutdown
earthquake ground motions or loads due to
anticipated transients or postulated accident
conditions. The changes do not impact the
support, design, or operation of mechanical
and fluid systems. There is no change to
plant systems or the response of systems to
postulated accident conditions. There is no
change to the predicted radioactive releases
due to normal operation or postulated
accident conditions. The plant response to
previously evaluated accidents or external
events is not adversely affected, nor does the
change described create any new accident
precursors.
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 change is to revise design
details for the shield building roof, tension
ring, and air inlets and remove tie rods. The
clarification and changes to the design details
for the shield building roof, tension ring, and
air inlets do not change the design
requirements of the nuclear island structures.
The changes do not change the design
function, support, design, or operation of
mechanical and fluid systems. The changes
do not result in a new failure mechanism for
the nuclear island structures or new accident
precursors. As a result, the design function
of the nuclear island structures is not
adversely affected by the proposed change.
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.
No safety analysis or design basis
acceptance limit/criterion is challenged or
exceeded by the proposed changes, thus, no
margin of safety is reduced. The acceptance
limits for the design of seismic Category I
structures are included in the codes and
standards used for the design, analysis, and
construction of the structures. The two
primary codes for the seismic Category I
structures are American Institute of Steel
Construction (AISC) N690 and American
Concrete Institute (ACI) 349. The design of
the shield building roof with the changes to
the reinforcement and roof beams satisfies
applicable provisions of AISC N690 and ACI
349. The welding of the plate girders used for
roof beams meets the requirements of AISC
N690 and [American Welding Society
(AWS)] D1.1.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
13023
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 DixonHerrity.
Southern Nuclear Operating Company,
Inc., Docket Nos. 52–025 and 52–026,
Vogtle Electric Generating Plant Units 3
and 4, Burke County, Georgia
Date of amendment request:
November 30, 2016. A publiclyavailable version is in ADAMS under
Accession No. ML16335A453.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment
request proposes changes to plantspecific Tier 1 information and
corresponding changes to Combined
License (COL) Appendix C, plantspecific Design Control Document
(DCD) Tier 2* and associated Tier 2
material incorporated into the updated
final safety analysis report, by revising
the design details for the shield building
roof, tension ring, and air inlets and
removing tie rods. An exemption
request relating to the proposed changes
to the AP1000 DCD 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:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The design functions of the nuclear island
structures are to provide support, protection,
and separation for the seismic Category I
mechanical and electrical equipment located
in the nuclear island. The nuclear island
structures are structurally designed to meet
seismic Category I requirements as defined in
Regulatory Guide 1.29. The change of the
design details for the shield building roof,
tension ring, and air inlets and removal of the
tie rods do not have an adverse impact on the
response of the nuclear island structures to
safely shutdown earthquake ground motions
or loads due to anticipated transients or
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08MRN1
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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
postulated accident conditions. The changes
do not impact the support, design, or
operation of mechanical and fluid systems.
There is no change to plant systems or the
response of systems to postulated accident
conditions. There is no change to the
predicted radioactive releases due to normal
operation or postulated accident conditions.
The plant response to previously evaluated
accidents or external events is not adversely
affected, nor does the change described
create any new accident precursors.
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 change is to revise design
details for the shield building roof, tension
ring, and air inlets and remove tie rods. The
clarification and changes to the design details
for the shield building roof, tension ring, and
air inlets do not change the design
requirements of the nuclear island structures.
The changes do not change the design
function, support, design, or operation of
mechanical and fluid systems. The changes
do not result in a new failure mechanism for
the nuclear island structures or new accident
precursors. As a result, the design function
of the nuclear island structures is not
adversely affected by the proposed change.
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.
No safety analysis or design basis
acceptance limit/criterion is challenged or
exceeded by the proposed changes, thus, no
margin of safety is reduced. The acceptance
limits for the design of seismic Category I
structures are included in the codes and
standards used for the design, analysis, and
construction of the structures. The two
primary codes for the seismic Category I
structures are American Institute of Steel
Construction (AISC) N690 and American
Concrete Institute (ACI) 349. The design of
the shield building roof with the changes to
the reinforcement and roof beams satisfies
applicable provisions of AISC N690 and ACI
349. The welding of the plate girders used for
roof beams meets the requirements of AISC
N690 and [American Welding Society
(AWS)] D1.1.
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: M. Stanford
Blanton, Balch & Bingham LLP, 1710
VerDate Sep<11>2014
17:34 Mar 07, 2017
Jkt 241001
Sixth Avenue North, Birmingham,
Alabama 35203–2015.
NRC Branch Chief: Jennifer DixonHerrity.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
Exelon Generation Company, LLC,
Docket Nos. 50–373 and 50–374, LaSalle
County Station, Units 1 and 2, LaSalle
County, Illinois
South Carolina Electric & Gas Company
and South Carolina Public Service
Authority, Docket Nos. 52–027 and 52–
028, Virgil C. Summer Nuclear Station,
Units 2 and 3, Fairfield County, South
Carolina
Southern Nuclear Operating Company,
Inc., Docket Nos. 52–025 and 52–026,
Vogtle Electric Generating Plant Units 3
and 4, Burke County, Georgia
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
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after receipt of (or
access to) that information. However, if
more than 25 days remain between the
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.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
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
13025
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
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 2nd of
March 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.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the
potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.)
If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to
reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a
motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement
for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to
sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI
contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ................
60 ................
20 ................
25 ................
30 ................
40 ................
A ..................
A + 3 ...........
mstockstill on DSK3G9T082PROD with NOTICES
A + 28 .........
A + 53 .........
A + 60 .........
>A + 60 .......
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
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17:34 Mar 07, 2017
Jkt 241001
46562; August 3, 2012) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
[FR Doc. 2017–04502 Filed 3–7–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
mstockstill on DSK3G9T082PROD with NOTICES
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on APR1400;
Notice of Meeting
The ACRS Subcommittee on APR1400
will hold a meeting on March 21–23,
2017, 11545 Rockville Pike, Room T–
2B1, Rockville, Maryland 20852.
The meeting will be open to public
attendance with the exception of
portions that may be closed to protect
information that is proprietary pursuant
to 5 U.S.C. 552b(c)(4). The agenda for
the subject meeting shall be as follows:
Tuesday, March 21, 2017—1:00 p.m.
until 5:00 p.m.; Wednesday, March
22, 2017—8:30 a.m. until 5:00 p.m.;
Thursday, March 23, 2017—8:30 a.m.
until 12:00 p.m.
The Subcommittee will review the
APR1400 Design Control Document and
Safety Evaluation Report with Open
Items Chapter 6 (‘‘Engineered Safety
Features’’), Chapter 13 (‘‘Conduct of
Operations’’), and Chapter 16
(‘‘Technical Specifications’’). The
Subcommittee will hear presentations
by and hold discussions with the NRC
staff and Korea Hydro & Nuclear Power
Company regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Christopher
Brown (Telephone 301–415–7111 or
Email: Christopher.Brown@nrc.gov) five
days prior to the meeting, if possible, so
that appropriate arrangements can be
made. Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be emailed to the DFO one day
before the meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
presentation at least thirty minutes
before the meeting. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
VerDate Sep<11>2014
17:34 Mar 07, 2017
Jkt 241001
published in the Federal Register on
October 17, 2016, (81 FR 71543).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, Maryland. After registering
with Security, please contact Mr.
Theron Brown (Telephone 240–888–
9835) to be escorted to the meeting
room.
Dated: March 1, 2017.
Mark L. Banks,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2017–04541 Filed 3–7–17; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80139; File No. SR–FICC–
2017–801]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing of Advance Notice To (1)
Implement the Margin Proxy and (2)
Modify the Calculation of the Coverage
Charge in Circumstances Where the
Margin Proxy Applies
March 2, 2017.
Pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
entitled the Payment, Clearing, and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’) 1 and Rule
19b–4(n)(1)(i) under the Securities
Exchange Act of 1934, as amended
(‘‘Act’’),2 notice is hereby given that on
February 2, 2017, Fixed Income Clearing
Corporation (‘‘FICC’’) filed with the U.S.
Securities and Exchange Commission
(‘‘Commission’’) the advance notice SR–
FICC–2017–801 (‘‘Advance Notice’’) as
1 See
2 See
PO 00000
12 U.S.C. 5465(e)(1).
17 CFR 240.19b–4(n)(1)(i).
Frm 00102
Fmt 4703
Sfmt 4703
described in Items I, II and III below,
which Items have been primarily
prepared by the clearing agency.3 The
Commission is publishing this notice to
solicit comments on the Advance Notice
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This Advance Notice consists of
amendments to the FICC Government
Securities Division (‘‘GSD’’) Rulebook
(‘‘GSD Rules’’) 4 in order to include a
minimum volatility calculation called
the ‘‘Margin Proxy.’’ Under the
proposed rule change, FICC would
apply the greater of the amount
calculated by the current model-based
volatility (‘‘Current Volatility
Calculation’’) calculation and the
Margin Proxy when determining a GSD
Netting Member’s (‘‘Netting Member’s’’)
daily VaR Charge,5 as further described
below. In addition, FICC would modify
the calculation of the Coverage Charge 6
in circumstances where the Margin
Proxy applies, as further described
below.
In order to effectuate the proposed
rule changes described above, FICC
proposes to (1) add a new defined term
for Margin Proxy in Rule 1 (Definitions);
(2) amend the definition of VaR Charge
in Rule 1 to reference the Margin Proxy;
and (3) amend Section 1b of Rule 4
(Clearing Fund and Loss Allocation) to
modify the calculation of the Coverage
Charge when the Margin Proxy is
applied.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission, the
clearing agency included statements
concerning the purpose of and basis for
the Advance Notice and discussed any
comments it received on the Advance
Notice. The text of these statements may
be examined at the places specified in
Item IV below. The clearing agency has
prepared summaries, set forth in
sections A and B below, of the most
significant aspects of such statements.
3 On February 2, 2017, FICC filed this Advance
Notice as a proposed rule change (SR–FICC–2017–
001) with the Commission pursuant to Section
19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
19b–4, 17 CFR 240.19b–4. A copy of the proposed
rule change is available at.
4 Capitalized terms used herein and not defined
shall have the meaning assigned to such terms in
the GSD Rules available at www.dtcc.com/legal/
rules-and-procedures.aspx.
5 The Margin Proxy would be calculated as part
of the determination of the VaR Charge that occurs
twice daily, based on start-of-day positions and
noon positions.
6 See description of Coverage Charge in GSD Rule
1, Definitions, supra note 4.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13019-13026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04502]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2017-0047]
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.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of three amendment requests. The amendment
requests are for LaSalle County Station, Units 1 and 2; Virgil C.
Summer Nuclear Station, Units 2 and 3; and Vogtle Electric Generating
Plant, Units 3 and 4. For each amendment request, the NRC proposes to
determine that they involve 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 April 7, 2017. A request for a hearing
must be filed by May 8, 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 March 20, 2017.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0047. 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
[[Page 13020]]
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: Janet Burkhardt, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1384, email: Janet.Burkhardt@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0047, facility name, unit
number(s), plant docket number, 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-2017-0047.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in 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-2017-0047, facility name, unit
number(s), plant docket number, 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 will 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 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
[[Page 13021]]
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 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 May
8, 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
[[Page 13022]]
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 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.
Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle
County Station (LSCS), Units 1 and 2, LaSalle County, Illinois
Date of amendment request: October 27, 2016. A publicly-available
version is in ADAMS under Accession No. ML16305A291.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
changes revise the suppression pool swell design analysis. The new
analysis utilizes a different computer code and incorporates different
analysis assumptions than the current analysis. The changes are
necessary because the current design analysis determining the
suppression pool swell response to a loss-of-coolant accident (LOCA)
was determined to be non-conservative. These changes to the suppression
pool swell design analysis do not require any changes to the LSCS
Technical Specifications. Changes to the LSCS' updated final safety
analysis report related to changes to the suppression pool swell design
analysis will be made in accordance with 10 CFR 50.71(e).
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. Do the proposed changes involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes involve the reanalysis of the suppression
pool swell phenomenon that results from the postulated DBA [design-
basis accident] LOCA. The proposed changes resolve a non-conforming
condition involving historical design analyses performed to
demonstrate the adequacy of items subject to loads resulting from
the suppression pool swell phenomena. The proposed changes do not
affect plant operations or any design function. The probability of
the DBA LOCA or any other accident occurring is not altered as the
pool swell phenomenon occurs after a design basis accident or
transient and therefore does not impact any accident initiators.
The changes revising the suppression pool swell design analysis
will not affect radiological dose consequence analyses. The
consequences of accidents previously evaluated will not be increased
by the proposed changes. The consequences of the pool swell event
remain within acceptable margins.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Do the proposed changes create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes do not create the possibility of a new or
different kind of accident from any accident previously evaluated
because they do not involve the addition of any new components or
systems. The proposed changes do not alter the design function of
components or systems that could initiate a new or different kind of
accident. The proposed changes do not alter how components or
systems are controlled or utilized.
The suppression pool swell phenomenon is one transient that
results from the postulated LOCA event, which has previously been
evaluated. The impact upon analyses is limited to those associated
with the pool swell phenomena.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any previously evaluated.
3. Do the proposed changes involve a significant reduction in a
margin of safety?
Response: No.
The changes revising the suppression pool swell design analysis
do not represent a significant change in a margin of safety.
Following main vent clearing, an air/steam bubble forms at the
vent exit. This causes a hydrostatic pressure increase in the pool
water resulting in a loading condition on the pool boundaries. The
steam condenses in the pool. However, the continued addition and
expansion of the drywell air causes the pool
[[Page 13023]]
volume to swell, resulting in the rise of the pool surface and
associated drag and impact loads on surrounding structures.
The proposed changes to the suppression pool swell design
analysis do not alter any design basis or safety limit established
in the license. The proposed changes to the suppression pool swell
design analysis were evaluated to the NRC acceptance criteria, and
the changes comply with established criteria and do not
significantly reduce a margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
requested amendments involve no significant hazards consideration.
Attorney for licensee: Tamra Domeyer, Associate General Counsel,
Exelon Generation Company, 4300 Winfield Road, Warrenville, Illinois
60555.
NRC Branch Chief: David J. Wrona.
South Carolina Electric & Gas Company and South Carolina Public Service
Authority, 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 21, 2016. A publicly-available
version is in ADAMS under Accession No. ML16326A394.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment request proposes changes to plant-specific Tier 1 information
and corresponding changes to Combined License (COL) Appendix C, plant-
specific Design Control Document (DCD) Tier 2* and associated Tier 2
material incorporated into the updated final safety analysis report, by
revising the design details for the shield building roof, tension ring,
and air inlets and removing tie rods. An exemption request relating to
the proposed changes to the AP1000 DCD 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:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The design functions of the nuclear island structures are to
provide support, protection, and separation for the seismic Category
I mechanical and electrical equipment located in the nuclear island.
The nuclear island structures are structurally designed to meet
seismic Category I requirements as defined in Regulatory Guide 1.29.
The change of the design details for the shield building roof,
tension ring, and air inlets and removal of the tie rods do not have
an adverse impact on the response of the nuclear island structures
to safely shutdown earthquake ground motions or loads due to
anticipated transients or postulated accident conditions. The
changes do not impact the support, design, or operation of
mechanical and fluid systems. There is no change to plant systems or
the response of systems to postulated accident conditions. There is
no change to the predicted radioactive releases due to normal
operation or postulated accident conditions. The plant response to
previously evaluated accidents or external events is not adversely
affected, nor does the change described create any new accident
precursors.
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 change is to revise design details for the shield
building roof, tension ring, and air inlets and remove tie rods. The
clarification and changes to the design details for the shield
building roof, tension ring, and air inlets do not change the design
requirements of the nuclear island structures. The changes do not
change the design function, support, design, or operation of
mechanical and fluid systems. The changes do not result in a new
failure mechanism for the nuclear island structures or new accident
precursors. As a result, the design function of the nuclear island
structures is not adversely affected by the proposed change.
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.
No safety analysis or design basis acceptance limit/criterion is
challenged or exceeded by the proposed changes, thus, no margin of
safety is reduced. The acceptance limits for the design of seismic
Category I structures are included in the codes and standards used
for the design, analysis, and construction of the structures. The
two primary codes for the seismic Category I structures are American
Institute of Steel Construction (AISC) N690 and American Concrete
Institute (ACI) 349. The design of the shield building roof with the
changes to the reinforcement and roof beams satisfies applicable
provisions of AISC N690 and ACI 349. The welding of the plate
girders used for roof beams meets the requirements of AISC N690 and
[American Welding Society (AWS)] D1.1.
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.
Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52-
026, Vogtle Electric Generating Plant Units 3 and 4, Burke County,
Georgia
Date of amendment request: November 30, 2016. A publicly-available
version is in ADAMS under Accession No. ML16335A453.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment request proposes changes to plant-specific Tier 1 information
and corresponding changes to Combined License (COL) Appendix C, plant-
specific Design Control Document (DCD) Tier 2* and associated Tier 2
material incorporated into the updated final safety analysis report, by
revising the design details for the shield building roof, tension ring,
and air inlets and removing tie rods. An exemption request relating to
the proposed changes to the AP1000 DCD 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:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The design functions of the nuclear island structures are to
provide support, protection, and separation for the seismic Category
I mechanical and electrical equipment located in the nuclear island.
The nuclear island structures are structurally designed to meet
seismic Category I requirements as defined in Regulatory Guide 1.29.
The change of the design details for the shield building roof,
tension ring, and air inlets and removal of the tie rods do not have
an adverse impact on the response of the nuclear island structures
to safely shutdown earthquake ground motions or loads due to
anticipated transients or
[[Page 13024]]
postulated accident conditions. The changes do not impact the
support, design, or operation of mechanical and fluid systems. There
is no change to plant systems or the response of systems to
postulated accident conditions. There is no change to the predicted
radioactive releases due to normal operation or postulated accident
conditions. The plant response to previously evaluated accidents or
external events is not adversely affected, nor does the change
described create any new accident precursors.
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 change is to revise design details for the shield
building roof, tension ring, and air inlets and remove tie rods. The
clarification and changes to the design details for the shield
building roof, tension ring, and air inlets do not change the design
requirements of the nuclear island structures. The changes do not
change the design function, support, design, or operation of
mechanical and fluid systems. The changes do not result in a new
failure mechanism for the nuclear island structures or new accident
precursors. As a result, the design function of the nuclear island
structures is not adversely affected by the proposed change.
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.
No safety analysis or design basis acceptance limit/criterion is
challenged or exceeded by the proposed changes, thus, no margin of
safety is reduced. The acceptance limits for the design of seismic
Category I structures are included in the codes and standards used
for the design, analysis, and construction of the structures. The
two primary codes for the seismic Category I structures are American
Institute of Steel Construction (AISC) N690 and American Concrete
Institute (ACI) 349. The design of the shield building roof with the
changes to the reinforcement and roof beams satisfies applicable
provisions of AISC N690 and ACI 349. The welding of the plate
girders used for roof beams meets the requirements of AISC N690 and
[American Welding Society (AWS)] D1.1.
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: M. Stanford Blanton, Balch & Bingham LLP,
1710 Sixth Avenue North, Birmingham, Alabama 35203-2015.
NRC Branch Chief: Jennifer Dixon-Herrity.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle
County Station, Units 1 and 2, LaSalle County, Illinois
South Carolina Electric & Gas Company and South Carolina Public Service
Authority, Docket Nos. 52-027 and 52-028, Virgil C. Summer Nuclear
Station, Units 2 and 3, Fairfield County, South Carolina
Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52-
026, Vogtle Electric Generating Plant Units 3 and 4, Burke County,
Georgia
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:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the
[[Page 13025]]
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\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, 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 2nd of March 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.
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[[Page 13026]]
[FR Doc. 2017-04502 Filed 3-7-17; 8:45 am]
BILLING CODE 7590-01-P
