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, 31080-31087 [2017-13112]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31080-31087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13112]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0142]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of two amendment requests. The amendment requests 
are for Virgil C. Summer Nuclear Station, Units 2 and 3, and Wolf Creek 
Generating Station (WCGS). For each amendment request, the NRC proposes 
to determine that they involve no

[[Page 31081]]

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 August 4, 2017. A request for a 
hearing must be filed by September 5, 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 July 17, 2017.

ADDRESSES: You may submit comments by any of the following:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0142. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: T-8-D36M, 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: Shirley Rohrer, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5411, email: Shirley.Rohrer@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0142, 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-2017-0142.
     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-2017-0142, 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

[[Page 31082]]

action. Petitions shall be filed in accordance with the Commission's 
``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested 
persons should consult a current copy of 10 CFR 2.309. The NRC's 
regulations are accessible electronically from the NRC Library on the 
NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. 
Alternatively, a copy of the regulations is available at the NRC's 
Public Document Room, located at One White Flint North, Room O1-F21, 
11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a 
petition is filed, the Commission or a presiding officer will rule on 
the petition and, if appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity 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 no later 
than 60 days from the date of publication of this notice. 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

[[Page 31083]]

submitting a petition or other adjudicatory document (even in instances 
in which the participant, or its counsel or representative, already 
holds an NRC-issued digital ID certificate). Based upon this 
information, the Secretary will establish an electronic docket for the 
hearing in this proceeding if the Secretary has not already established 
an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at https://www.nrc.gov/site-help/e-submittals.html, by 
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for 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.

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

    Date of amendment request: May 1, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17121A317.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes changes to the combined operating licenses 
(COL), Appendix C (and to plant-specific Tier 1 information), and 
associated Tier 2 information to address mitigation of fire protection 
system flooding of the Auxiliary Building identified during completion 
of the pipe rupture hazards analysis.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below with Nuclear Regulatory 
Commission (NRC) staff edits in square brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes to the design and licensing basis flood 
level in the Auxiliary Building [radiologically controlled area 
(RCA)], and the associated plant changes to limit the volume of 
water available for flooding or to limit the effects of flooding do 
not affect any essential safety-related equipment or function. The 
changes and affected levels of the Auxiliary Building RCA do not 
involve any accident, initiating event or component failure; thus, 
the probabilities of the accidents previously evaluated are not 
affected. The maximum allowable leakage rate specified in the 
Technical Specifications is unchanged, and radiological material 
release source terms are not affected; thus, the radiological 
releases in the accident analyses are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes to the design and licensing basis flood 
level in the Auxiliary Building RCA and the associated plant changes 
to limit the volume of water available for flooding or to limit the 
effects of flooding do not affect any safety-related equipment or 
function. The changes do not change the condition of any essential 
safety-related equipment or structure; therefore, no new accident 
initiator or failure mode is created. The proposed changes do not 
create

[[Page 31084]]

a new fault or sequence of events that could result in a radioactive 
release. The proposed changes will not affect any safety-related 
mitigating function.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes to the design and licensing basis flood 
level in the Auxiliary Building RCA and associated plant changes to 
limit the volume of water available for flooding or to limit the 
effects of flooding do not affect any essential safety-related 
equipment or function. The proposed changes do not have any effect 
on the ability of safety-related structures, systems, or components 
to perform their design basis functions. The changes ensure that the 
capability to achieve safe shutdown is maintained. No safety 
analysis or design basis acceptance limit/criterion is challenged or 
exceeded by the proposed changes, thus no margin of safety is 
reduced.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
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.

Wolf Creek Nuclear Operating Corporation (WCNOC), Docket No. 50-482, 
Wolf Creek Generating Station (WCGS), Coffey County, Kansas

    Date of amendment request: January 17, 2017, as supplemented by 
letters dated March 22 and May 4, 2017. Publicly-available versions are 
in ADAMS under Accession Nos. ML17054C103, ML17088A635, and 
ML17130A915, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise Technical Specification (TS) 2.1.1, ``Reactor 
Core SLs [Safety Limits]''; add new TS Limiting Condition for Operation 
(LCO) 3.1.9, ``RCS [Reactor Coolant System] Boron Limitations < 500 F 
[degrees Fahrenheit]''; and revise TS 3.3.1, ``Reactor Trip System 
(RTS) Instrumentation''; TS 3.4.1, ``RCS Pressure, Temperature, and 
Flow Departure from Nucleate Boiling (DNB) Limits''; TS 3.7.1, ``Main 
Steam Safety Valves (MSSVs)''; and TS 5.6.5, ``CORE OPERATING LIMITS 
REPORT (COLR),'' to replace the existing WCNOC methodology for 
performing core design, non-loss-of-coolant-accident (non-LOCA) and 
LOCA safety analyses (for Post-LOCA Subcriticality and Cooling only) 
with standard Westinghouse developed and NRC approved analysis 
methodologies at WCGS.
    In addition, the proposed amendment would revise TS 1.1, 
Definitions,'' to revise definitions of DOSE EQUIVALENT I-131 and DOSE 
EQUIVALENT XE-133; TS 3.3.7, ``Control Room Envelope Ventilation System 
(CREVS) Actuation Instrumentation''; 3.7.13, ``Emergency Exhaust System 
(EES)''; TS 5.5.12, ``Explosive Gas and Storage Tank Radioactivity 
Monitoring Program''; and TS 5.5.18, ``Control Room Envelope 
Habitability Program,'' to revise the WCGS licensing basis by adopting 
the Alternative Source Term (AST) as described in Regulatory Guide (RG) 
1.183, ``Alternative Radiological Source Terms for Evaluation Design 
Basis Accidents at Nuclear Power Reactors,'' July 2000 (ADAMS Accession 
No. ML003716792).
    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 new core design, non-loss-of-coolant-accident (non-LOCA) and 
Post-LOCA Subcriticality and Cooling analyses and resulting TS 
changes will continue to ensure the applicable safety limits are not 
exceeded during any conditions of normal operation, for design basis 
accidents (DBAs) as well as any Anticipated Operational Occurrence 
(AOO). The methods used to perform the affected safety analyses are 
based on methods previously found acceptable by the NRC and conform 
to applicable regulatory guidance. Application of these NRC approved 
methods will continue to ensure that acceptable operating limits are 
established to protect the integrity of the Reactor Coolant System 
(RCS) and fuel cladding during normal operation, DBAs, and any AOOs. 
The requested TS changes proposed to conform to the new 
methodologies do not involve any operational changes that could 
affect system reliability, performance, or the possibility of 
operator error. The proposed changes do not affect any postulated 
accident precursors, or accident mitigation systems, and do not 
introduce any new accident initiation mechanisms.
    Adoptions of the AST and pursuant TS changes and the changes to 
the atmospheric dispersion factors have no impact to the initiation 
of DBAs. Once the occurrence of an accident has been postulated, the 
new accident source term and atmospheric dispersion factors are an 
input to analyses that evaluate the radiological consequences. The 
proposed changes do not involve a revision to the design or manner 
in which the facility is operated that could increase the 
probability of an accident previously evaluated in Chapter 15 of the 
Updated Safety Analysis Report (USAR).
    The structures, systems and components affected by the proposed 
changes act to mitigate the consequences of accidents. Based on the 
AST analyses, the proposed changes do revise certain performance 
requirements; however, the proposed changes do not involve a 
revision to the parameters or conditions that could contribute to 
the initiation of an accident previously discussed in Chapter 15 of 
the USAR. Plant specific radiological analyses have been performed 
using the AST methodology and new atmospheric dispersion factors. 
Based on the results of these analyses, it has been demonstrated 
that the control room dose consequences of the limiting events 
considered in the analyses meet the regulatory guidance provided for 
use with the AST, and the offsite doses are within acceptable 
limits. This guidance is presented in 10 CFR 50.67 [``Accident 
source term''] and RG 1.183.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any previously evaluated?
    Response: No.
    Implementation of the new core design, non-loss-of-coolant-
accident (non-LOCA) and Post-LOCA Subcriticality and Cooling 
analyses and resulting TS changes do not alter or involve any design 
basis accident initiators and do not involve a physical alteration 
of the plant (no new or different type of equipment will be 
installed). The proposed change does not adversely affect the design 
function or mode of operations of structures, systems and components 
in the facility important to safety. The structures, systems and 
components important to safety will continue to operate in the same 
manner as before, therefore, no new failure modes are created by 
this proposed change. As such, the proposed change does not create 
any new failure modes for existing equipment or any new limiting 
single failures. Additionally the proposed change does not involve a 
change in the methods governing normal plant operation and all 
safety functions will continue to perform as previously assumed in 
accident analyses. Thus, the proposed change does not adversely 
affect the design function or operation of any structures, systems, 
and components important to safety. The proposed change does not 
involve changing any accident initiators.
    Implementation of AST and the associated proposed TS changes and 
new atmospheric dispersion factors do not alter or involve any

[[Page 31085]]

design basis accident initiators. A design modification will be 
implemented in support of the proposed AST change that will 
eliminate the need for local operator action to isolate a failed 
CREVS train. The proposed change does not adversely affect the 
design function or mode of operations of structures, systems and 
components in the facility important to safety. The structures, 
systems and components important to safety will continue to function 
in the same manner as before after the AST is implemented. 
Therefore, no new failure modes are created by this proposed change.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed methodology and TS changes will not adversely 
affect the operation of plant equipment or the function of equipment 
assumed in the accident analysis. The proposed changes do not 
adversely affect the design and performance of the structures, 
systems, and components important to safety. Therefore, the required 
safety functions will continue to be performed consistent with the 
assumptions of the applicable safety analyses. In addition, 
operation in accordance with the proposed TS change will continue to 
ensure that the previously evaluated accidents will be mitigated as 
analyzed. The NRC approved safety analysis methodologies include 
restrictions on the choice of inputs, the degree of conservatism 
inherent in the calculations, and specified event acceptance 
criteria. Analyses performed in accordance with these methodologies 
will not result in adverse effects on the regulated margin of 
safety. As such, there is no significant reduction in a margin of 
safety.
    The results of the AST analyses are subject to the acceptance 
criteria in 10 CFR 50.67. The analyzed events have been carefully 
selected, and the analyses supporting these changes have been 
performed using approved methodologies to ensure that analyzed 
events are bounding and safety margin has not been reduced. The dose 
consequences of these limiting events are within the acceptance 
criteria presented in 10 CFR 50.67 and RG 1.183. Thus, by meeting 
the applicable regulatory limits for AST, there is no significant 
reduction in a margin of safety. New control room atmospheric 
dispersion factors ([chi]/Qs) based on site specific meteorological 
data, calculated in accordance with the guidance of RG 1.194, 
utilizes more recent data and improved calculation methodologies.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Jay Silberg, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
    NRC Branch Chief: Robert J. Pascarelli.

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

South Carolina Electric & Gas Company, Docket Nos. 50-027 and 52-028, 
Virgil C. Summer Nuclear Station, Units 2 and 3, Fairfield County, 
South Carolina

Wolf Creek Nuclear Operating Corporation (WCNOC), Docket No. 50-482, 
Wolf Creek Generating Station (WCGS), Coffey County, Kansas

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

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

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

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

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for

[[Page 31086]]

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

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

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

    Dated at Rockville, Maryland, this 19th of June, 2017.
    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

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


[[Page 31087]]

[FR Doc. 2017-13112 Filed 7-3-17; 8:45 am]
 BILLING CODE 7590-01-P