Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 37123-37132 [2017-16139]
Download as PDF
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘Enforcement
Discretion for Operating Reactors and
Gaseous Diffusion Plants.’’ The NRC
hereby informs potential respondents
that an agency may not conduct or
sponsor, and that a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
April 25, 2017 (82 FR 19094).
1. The title of the information
collection: Enforcement Discretion for
Operating Reactors and Gaseous
Diffusion Plants.
2. OMB approval number: 3150–0136.
3. Type of submission: Extension.
4. The form number if applicable: N/
A.
5. How often the collection is required
or requested: On Occasion.
6. Who will be required or asked to
respond: Those licensees that
voluntarily request enforcement
discretion through the NOED process.
7. The estimated number of annual
responses: 8.
8. The estimated number of annual
respondents: 4.
9. An estimate of the total number of
hours needed annually to comply with
the information collection requirement
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or request: 680 (600 reporting + 80
recordkeeping).
10. Abstract: The NRC’s Enforcement
Policy includes the circumstances in
which the NRC may grant a NOED. On
occasion, circumstances arise when a
power plant licensee’s compliance with
a Technical Specification (TS) Limiting
Condition for Operation or any other
license condition would involve an
unnecessary plant shutdown or
transient. Similarly, for a gaseous
diffusion plant, circumstances may arise
where compliance with a Technical
Safety Requirement (TSR) or other
condition would unnecessarily call for a
total plant shutdown, or, compliance
would unnecessarily place the plant in
a condition where safety, safeguards, or
security features were degraded or
inoperable.
In these circumstances, a licensee or
certificate holder may request that the
NRC exercise enforcement discretion,
and the NRC staff may choose to not
enforce the applicable TS, TSR, or other
license or certificate condition. This
enforcement discretion is designated as
a NOED.
A licensee or certificate holder
seeking the issuance of a NOED must
document and submit to the NRC by
letter, in accordance with Inspection
Manual Chapter 0410 (ADAMS
Accession No. ML13071A487), the
safety basis for the request, including an
evaluation of the safety significance and
potential consequences of the proposed
request, a description of proposed
compensatory measures, a justification
for the duration of the request, the basis
for the licensee’s or certificate holder’s
conclusion that the request does not
have a potential adverse impact on the
public health and safety, and does not
involve adverse consequences to the
environment, and any other information
the NRC staff deems necessary before
making a decision to exercise discretion.
Dated at Rockville, Maryland, this 3rd day
of August, 2017.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2017–16696 Filed 8–7–17; 8:45 am]
BILLING CODE 7590–01–P
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37123
NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0162]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information and Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: License amendment request;
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 the approval of three
amendment requests. The amendment
requests are for Vermont Yankee Power
Station, 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 the amendment requests
contain sensitive unclassified nonsafeguards information (SUNSI) and/or
safeguards information (SGI), an order
imposes procedures to obtain access to
SUNSI and SGI for contention
preparation.
SUMMARY:
Comments must be filed by
September 7, 2017. A request for a
hearing must be filed by October 10,
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 and/or SGI is necessary
to respond to this notice must request
document access by August 18, 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–2017–0162. 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:
DATES:
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
TWFN–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
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A. Obtaining Information
Please refer to Docket ID NRC–2017–
0162, 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–2017–0162.
• 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–
0162, 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
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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 and/or
SGI.
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
§ 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.
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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
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
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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
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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 Federallyrecognized 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
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
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37125
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 EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. 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
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
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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
reason for granting the exemption from
use of E-Filing no longer exists.
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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.
For further details with respect to
these license amendment applications,
see the application for amendment
which is available for public inspection
in ADAMS and at the NRC’s PDR. For
additional direction on obtaining
information related to this document,
see the ‘‘Obtaining Information and
Submitting Comments’’ section of this
document.
Entergy Nuclear Operations, Inc.,
Docket No. 50–271, Vermont Yankee
Nuclear Power Station (VY), Vernon,
Vermont
Date of amendment request: March
29, 2017. A publicly-available version is
in ADAMS under Accession No.
ML17172A460.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI) and safeguards
information (SGI). The proposed
amendment would revise the Physical
Security Plan, Training and
Qualification Plan, and Safeguards
Contingency Plan (the ‘‘Plan’’ or
‘‘Security Plan’’) at VY. The Security
Plan will supersede the current Physical
Security Plan, Training and
Qualification Plan, and Safeguards
Contingency Plan at VY. These changes
will more fully reflect the permanently
shut-down and defueled status of the
facility, as well as the reduced scope of
potential radiological accidents and
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security concerns once all spent fuel has
been permanently moved to dry cask
storage within the onsite VY
independent spent fuel storage
installation (ISFSI), an activity which is
currently scheduled for completion in
2018.
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.
VY has submitted notifications pursuant to
10 CFR 50.82(a)(1) for permanent cessation of
power reactor operations and permanent
removal of fuel from the reactor vessel. Upon
docketing of the 10 CFR 50.82(a)(1)
certifications, under 10 CFR 50.82(a)(2) the
VY Part 50 license no longer authorizes
operation of the reactor or emplacement or
retention of fuel into the reactor vessel. The
irradiated fuel at VY is currently stored in the
spent fuel pool (SFP) and within the ISFSI
on a single pad. In this condition, the number
of credible accidents or transients is
significantly smaller than for a plant
authorized to operate the reactor or emplace
or retain fuel in the reactor vessel.
Construction of a second ISFSI pad is in
progress and scheduled for completion in
2017, to allow for complete off-load of the
SFP to dry storage in casks within the ISFSI.
The proposed ISFSI PSP reflects the future
site configuration with offload of fuel from
the SFP to the ISFSI, with no intention to
return spent fuel to the SFP. In this dry fuel
storage only configuration, the Fuel Handling
Accident currently described in VY Defueled
Safety Analysis Report (DSAR) Chapter 6
would no longer be credible. Since the
proposed amendment would have no
significant effect on facility SSCs and no
significant effect on the capability of facility
structures, systems, components (SSCs) to
perform their design functions for any
accident previously evaluated, it does not
significantly increase the likelihood of the
malfunction of facility SSCs and does not
increase the probability or consequences of
an accident previously evaluated.
The casks are maintained in accordance
with the provisions of the general license for
the VY ISFSI, utilizing the Holtec
International HI–STORM 100 Cask System,
Certificate of Compliance (CoC) No. 72–1014,
and in accordance with the associated Cask
Final Safety Analysis Report (FSAR). The HI–
STORM 100 Cask System consists of spent
nuclear fuel (SNF) residing within a fuel
basket structure contained within a sealed
metallic canister, or Multi-Purpose Canister
(MPC). The HI–STORM 100 receives and
contains the sealed MPC for long term
storage, and provides gamma and neutron
shielding, ventilation passages, missile
protection, and protection against natural
phenomena and accidents for the MPC. Cask
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
FSAR Chapter 11, ‘‘Accident Analysis’’,
Section 11.2 provides the evaluation of
accidents for the HI–STORM 100 Cask
System which satisfies the following
minimum acceptance criteria:
• The MPC confinement boundary
maintains radioactive material confinement,
• The MPC fuel basket structure maintains
the fuel contents subcritical,
• The stored SNF can be retrieved by
normal means and
• The system provides adequate shielding.
The HI–STORM 100 Cask System provides
the spent nuclear fuel and radioactive
material in storage with confinement,
radiation shielding, criticality and passive
heat removal, independent of other facility
SSCs.
Security modifications associated with this
proposed amendment include new security
systems for lighting, intruder detection
systems, protected area boundary fencing,
access control systems, telecommunications
equipment, a vehicle barrier system, and a
central alarm station. These security
modifications do not significantly affect the
ability of the Cask System and MPC to
perform their functions as described in the
Cask FSAR. Hence the proposed amendment
has no effect on the ability of the Cask
System to perform its design function nor
would it increase the likelihood of an
accident previously evaluated.
Therefore, the proposed amendment does
not involve a significant increase in the
probability or consequences of a previously
evaluated accident.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed amendment does not involve
any physical alteration of any facility SSCs
or Cask System components required to
mitigate or prevent any accident previously
evaluated, and does not have a significant
effect on the capability of any facility SSC or
Cask System component to perform its design
functions. Thus, the proposed amendment
does not create any initiators or precursors of
a new or different kind of accident than
previously evaluated. Likewise, the proposed
amendment does not create the possibility of
a new failure mode associated with any SSC
malfunction or personnel errors that could
result in a new or different kind of accident.
Since the proposed amendment does not
significantly affect any Cask System
components, the credible events for the ISFSI
are not changed.
Therefore, the proposed amendment does
not create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
Pursuant to 10 CFR 50.82(a)(2), the 10 CFR
part 50 license for VY no longer authorizes
operation of the reactor or emplacement or
retention of fuel into the reactor vessel,
therefore the occurrence of any postulated
accidents associated with an operating
nuclear reactor is no longer credible. The
proposed changes would not be effective
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until after the transfer of spent fuel to the
ISFSI is complete, with no intent to return
spent fuel to the spent fuel pool, therefore the
fuel handling accident described in VY
DSAR Chapter 6 would no longer be credible
in this configuration. The proposed
amendment does not involve a significant
change in any facility SSC or Cask System
component’s design, configuration, or
operation. Therefore the modifications
associated with this proposed amendment do
not significantly affect the capability or
manner in which facility SSCs or Cask
System components perform their safety
functions or the safety margins associated
with their design and function.
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: Susan Raimo,
Senior Counsel, Entergy Services, Inc.,
101 Constitution Ave. NW., Suite 200
East, Washington, DC 20001.
NRC Branch Chief: Bruce Watson,
CHP.
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: June 19,
2017. A publicly-available version is in
ADAMS under Accession No.
ML17170A339.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The requested
amendment proposes changes to
combined operating license (COL)
Appendix C (and to plant-specific Tier
1 information), and associated Tier 2
information to remove the west walls of
containment air filtration exhaust rooms
A and B in the annex building to
facilitate ease of access to equipment in
the room during installation and
maintenance. Pursuant to the provisions
of 10 CFR 52.63(b)(1), an exemption
from elements of the design as certified
in the 10 CFR part 52, Appendix D,
design certification rule is also
requested for the plant-specific Design
Control Document Tier 1 material
departures.
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.
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Fmt 4703
Sfmt 4703
37127
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed activity removes radiation
shield walls from the west end of the
containment air filtration exhaust rooms A
and B (Rooms 40551 and 40552) to facilitate
installation, access and maintenance of
filtration equipment. The removal of the
walls results in increased levels of radiation;
however, the increase does not change the
radiation level classification of the area
including the Zone 2 designation for the
staging and storage area or the Zone 3
designation of Rooms 40551 and 40552. It is
expected that by removing the walls,
occupational doses are reduced through a
reduction in expected occupancy time when
personnel are required to access the filtration
units. Radiation licensing commitments are
met without consideration of the shield
walls. The radiation levels associated with
the equipment are not changed. No specific
accident sequences for the containment air
filtration units are analyzed or described in
the licensing bases, apart from the
information in UFSAR [Updated Final Safety
Analysis Report] Subsection 12.3.3.5, which
remains valid and is not adversely affected.
The removed walls are not relied upon to
mitigate evaluated accidents described in
UFSAR Ch. 6 or 15 and are not credited for
aircraft impact assessment. There are no
changes to remaining walls that provide
shielding in the area.
No safety-related structure, system,
component (SSC) or function is adversely
affected by this change. The change does not
involve an interface with any SSC accident
initiator or initiating sequence of events, and
thus, the probabilities of the accidents
evaluated in the plant-specific UFSAR are
not affected. The proposed changes do not
involve a change to the predicted radiological
releases due to postulated accident
conditions, thus, the consequences of the
accidents evaluated in the UFSAR 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 activity to remove the
radiation shield walls from the west end of
the containment air filtration exhaust rooms
A and B (Rooms 40551 and 40552) does not
create a new or different kind of accident
previously evaluated as the removal of the
walls does not change equipment in the
affected room or functions of SSCs. Radiation
levels are maintained for each designated
zone in the affected Rooms 40551 and 40552
and the nearby areas including the security
room, the storage and staging area, and the
auxiliary building. Surface dose rates for the
filtration equipment are not changed by this
activity.
The proposed activity does not adversely
affect any safety-related equipment, and do
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not add any new interfaces to safety-related
SSCs that adversely affect safety functions.
No system or design function or equipment
qualification is adversely affected by these
changes as the change does not modify any
SSCs that prevent safety functions from being
performed. The changes do not introduce a
new failure mode, malfunction or sequence
of events that could adversely affect safety or
safety-related equipment.
Therefore, the requested 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.
Designated radiation level identified for
the containment air filtration exhaust rooms
A and B (Rooms 40551 and 40552) in UFSAR
Figure 12.3–1 (Sheet 13) are unchanged.
Radiation levels are determined for Room
40550 with removal of the walls and are
calculated to be approximately 0.42 mRem/
hr {milli/roentgen equivalent man/hour}.
This radiation dose is within the radiation
levels of ≤ 2.5 mRem/hr designated for the
Zone 2 designation of these rooms. The
different zones have varying level of access
control that function to limit worker
exposure. Because of the radiation protection
controls, a potential increase in the dose rates
in an area does not necessarily lead to a
corresponding increase in worker exposure
and can still be consistent with the ALARA
[as low as reasonably achievable] principle.
The change continues to comply with the
applicable ALARA design considerations
discussed in UFSAR Subsection 12.1.2.3.
Removal of the walls support reduced
duration of radiation exposure due to the
improved access to Rooms 40551 and 40552
to perform maintenance activities to the
filtration units. Therefore, the overall impact
to occupational doses is not adverse.
Radiation sources are not changed by the
proposed activity. No safety analysis or
design basis acceptance limit/criterion is
challenged or exceeded by the proposed
changes.
Therefore, the requested 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,
Docket Nos. 52–025 and 52–026, Vogtle
Electric Generating Plant, Units 3 and 4,
Burke County, Georgia
Date of amendment request: May 24,
2017. A publicly-available version is in
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21:16 Aug 07, 2017
Jkt 241001
ADAMS under Accession No.
ML17144A413.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The requested
amendment proposes changes to
combined operating license (COL)
Appendix C (and to plant-specific Tier
1 information), and associated Tier 2
information to remove the west walls of
containment air filtration exhaust rooms
A and B in the annex building to
facilitate ease of access to equipment in
the room during installation and
maintenance. Pursuant to the provisions
of 10 CFR 52.63(b)(1), an exemption
from elements of the design as certified
in the 10 CFR part 52, Appendix D,
design certification rule is also
requested for the plant-specific Design
Control Document Tier 1 material
departures.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed activity removes radiation
shield walls from the west end of the
containment air filtration exhaust rooms A
and B (Rooms 40551 and 40552) to facilitate
installation, access and maintenance of
filtration equipment. The removal of the
walls results in increased levels of radiation;
however, the increase does not change the
radiation level classification of the area
including the Zone 2 designation for the
staging and storage area or the Zone 3
designation of Rooms 40551 and 40552. It is
expected that by removing the walls,
occupational doses are reduced through a
reduction in expected occupancy time when
personnel are required to access the filtration
units.
Radiation licensing commitments are met
without consideration of the shield walls.
The radiation levels associated with the
equipment are not changed. No specific
accident sequences for the containment air
filtration units are analyzed or described in
the licensing bases, apart from the
information in Updated Final Safety Analysis
Report (UFSAR) Subsection 12.3.3.5, which
remains valid and is not adversely affected.
The removed walls are not relied upon to
mitigate evaluated accidents described in
UFSAR Ch. [chapter] 6 or 15 and are not
credited for aircraft impact assessment. There
are no changes to remaining walls that
provide shielding in the area.
No safety-related structure, system,
component (SSC) or function is adversely
affected by this change. The change does not
involve an interface with any SSC accident
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
initiator or initiating sequence of events, and
thus, the probabilities of the accidents
evaluated in the plant-specific UFSAR are
not affected. The proposed changes do not
involve a change to the predicted radiological
releases due to postulated accident
conditions, thus, the consequences of the
accidents evaluated in the UFSAR 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 activity to remove the
radiation shield walls from the west end of
the containment air filtration exhaust rooms
A and B (Rooms 40551 and 40552) does not
create a new or different kind of accident
previously evaluated as the removal of the
walls does not change equipment in the
affected room or functions of SSCs. Radiation
levels are maintained for each designated
zone in the affected Rooms 40551 and 40552
and the nearby areas including the security
room, the storage and staging area, and the
auxiliary building. Surface dose rates for the
filtration equipment are not changed by this
activity.
The proposed activity does not adversely
affect any safety-related equipment, and do
not add any new interfaces to safety-related
SSCs that adversely affect safety functions.
No system or design function or equipment
qualification is adversely affected by these
changes as the change does not modify any
SSCs that prevent safety functions from being
performed. The changes do not introduce a
new failure mode, malfunction or sequence
of events that could adversely affect safety or
safety-related equipment.
Therefore, the requested 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.
Designated radiation level identified for
the containment air filtration exhaust rooms
A and B (Rooms 40551 and 40552) in UFSAR
Figure 12.3–1 (Sheet 13) are unchanged.
Radiation levels are determined for Room
40550 with removal of the walls and are
calculated to be approximately 0.42 mRem/
hr [milli/roentgen equivalent man/hour].
This radiation dose is within the radiation
levels of ≤ 2.5 mRem/hr designated for the
Zone 2 designation of these rooms. The
different zones have varying level of access
control that function to limit worker
exposure. Because of the radiation protection
controls, a potential increase in the dose rates
in an area does not necessarily lead to a
corresponding increase in worker exposure
and can still be consistent with the ALARA
[as low as reasonably achievable] principle.
The change continues to comply with the
applicable ALARA design considerations
discussed in UFSAR Subsection 12.1.2.3.
Removal of the walls support reduced
duration of radiation exposure due to the
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improved access to Rooms 40551 and 40552
to perform maintenance activities to the
filtration units. Therefore, the overall impact
to occupational doses is not adverse.
Radiation sources are not changed by the
proposed activity. No safety analysis or
design basis acceptance limit/criterion is
challenged or exceeded by the proposed
changes.
Therefore, the requested 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, AL
35203–2015.
NRC Branch Chief: Jennifer DixonHerrity.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention
Preparation.
Entergy Nuclear Operations, Inc.,
Docket No. 50–271, Vermont Yankee
Nuclear Power Station, Vernon,
Vermont
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
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Southern Nuclear Operating Company,
Docket Nos. 52–025 and 52–026, Vogtle
Electric Generating Plant, Units 3 and
4, Burke County, Georgia
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)). Requirements for
access to SGI are primarily set forth in
10 CFR parts 2 and 73. Nothing in this
Order is intended to conflict with the
SGI regulations.
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 or SGI is necessary to respond to
this notice may request access to SUNSI
or SGI. A ‘‘potential party’’ is any
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21:16 Aug 07, 2017
Jkt 241001
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
or SGI submitted later than 10 days after
publication 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 requestor shall submit a letter
requesting permission to access SUNSI,
SGI, or both 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) 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);
(3) If the request is for SUNSI, the
identity of the individual or entity
requesting access to SUNSI and the
requestor’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; and
(4) If the request is for SGI, the
identity of each individual who would
have access to SGI if the request is
granted, including the identity of any
expert, consultant, or assistant who will
aid the requestor in evaluating the SGI.
In addition, the request must contain
the following information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with 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 and/or SGI
under these procedures should be submitted as
described in this paragraph.
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Fmt 4703
Sfmt 4703
37129
definition of ‘‘need to know’’ as stated
in 10 CFR 73.2, the statement must
explain:
(i) Specifically why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the requestor to
effectively utilize the requested SGI to
provide the basis and specificity for a
proffered contention. The technical
competence of a potential party or its
counsel may be shown by reliance on a
qualified expert, consultant, or assistant
who satisfies these criteria.
(b) A completed Form SF–85,
‘‘Questionnaire for Non-Sensitive
Positions,’’ for each individual who
would have access to SGI. The
completed Form SF–85 will be used by
the Office of Administration to conduct
the background check required for
access to SGI, as required by 10 CFR
part 2, subpart C, and 10 CFR
73.22(b)(2), to determine the requestor’s
trustworthiness and reliability. For
security reasons, Form SF–85 can only
be submitted electronically through the
electronic questionnaire for
investigations processing (e-QIP) Web
site, a secure Web site that is owned and
operated by the Office of Personnel
Management. To obtain online access to
the form, the requestor should contact
the NRC’s Office of Administration at
301–415–3710.3
(c) A completed Form FD–258
(fingerprint card), signed in original ink,
and submitted in accordance with 10
CFR 73.57(d). Copies of Form FD–258
may be obtained by writing the Office of
Administrative Services, Mail Services
Center, Mail Stop P1–37, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or by email to
MAILSVC.Resource@nrc.gov. The
fingerprint card will be used to satisfy
the requirements of 10 CFR part 2,
subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of
1954, as amended, which mandates that
all persons with access to SGI must be
2 Broad SGI requests under these procedures are
unlikely to meet the standard for need to know;
furthermore, NRC staff redaction of information
from requested documents before their release may
be appropriate to comport with this requirement.
These procedures do not authorize unrestricted
disclosure or less scrutiny of a requestor’s need to
know than ordinarily would be applied in
connection with an already-admitted contention or
non-adjudicatory access to SGI.
3 The requestor will be asked to provide his or her
full name, social security number, date and place
of birth, telephone number, and email address.
After providing this information, the requestor
usually should be able to obtain access to the online
form within one business day.
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fingerprinted for an FBI identification
and criminal history records check.
(d) A check or money order payable
in the amount of $324.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted.
(e) If the requestor or any
individual(s) who will have access to
SGI believes they belong to one or more
of the categories of individuals that are
exempt from the criminal history
records check and background check
requirements in 10 CFR 73.59, the
requestor should also provide a
statement identifying which exemption
the requestor is invoking and explaining
the requestor’s basis for believing that
the exemption applies. While
processing the request, the Office of
Administration, Personnel Security
Branch, will make a final determination
whether the claimed exemption applies.
Alternatively, the requestor may contact
the Office of Administration for an
evaluation of their exemption status
prior to submitting their request.
Persons who are exempt from the
background check are not required to
complete the SF–85 or Form FD–258;
however, all other requirements for
access to SGI, including the need to
know, are still applicable.
Note: Copies of documents and
materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must
be sent to the following address: U.S.
Nuclear Regulatory Commission, ATTN:
Personnel Security Branch, Mail Stop
TWFN–03–B46M, 11555 Rockville Pike,
Rockville, MD 20852.
These documents and materials
should not be included with the request
letter to the Office of the Secretary, but
the request letter should state that the
forms and fees have been submitted as
required.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under paragraphs
C.(3) or C.(4) above, as applicable, 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
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
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21:16 Aug 07, 2017
Jkt 241001
(2) The requestor has established a
legitimate need for access to SUNSI or
need to know the SGI requested.
F. For requests for access to SUNSI, if
the NRC staff determines that the
requestor satisfies both E.(1) and E.(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 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.5
G. For requests for access to SGI, if the
NRC staff determines that the requestor
has satisfied both E.(1) and E.(2) above,
the Office of Administration will then
determine, based upon completion of
the background check, whether the
proposed recipient is trustworthy and
reliable, as required for access to SGI by
10 CFR 73.22(b). If the Office of
Administration determines that the
individual or individuals are
trustworthy and reliable, the NRC will
promptly notify the requestor in writing.
The notification will provide the names
of approved individuals as well as the
conditions under which the SGI will be
provided. Those conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 6 by
each individual who will be granted
access to SGI.
H. Release and Storage of SGI. Prior
to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an
inspection to confirm that the
recipient’s information protection
system is sufficient to satisfy the
requirements of 10 CFR 73.22.
Alternatively, recipients may opt to
view SGI at an approved SGI storage
location rather than establish their own
SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any
contentions in these proceedings that
5 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.
6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be
filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 180 days of the
deadline for the receipt of the written access
request.
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Fmt 4703
Sfmt 4703
are based upon the information received
as a result of the request made for
SUNSI or SGI must be filed by the
requestor no later than 25 days after
receipt of (or access to) that information.
However, if more than 25 days remain
between the petitioner’s receipt of (or
access to) the information and the
deadline for filing all other contentions
(as established in the notice of hearing
or opportunity for hearing), the
petitioner may file its SUNSI or SGI
contentions by that later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI
or SGI is denied by the NRC staff either
after a determination on standing and
requisite need, or after a determination
on trustworthiness and reliability, the
NRC staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of
Administration makes a final adverse
determination regarding the
trustworthiness and reliability of the
proposed recipient(s) for access to SGI,
the Office of Administration, in
accordance with 10 CFR 2.336(f)(1)(iii),
must provide the proposed recipient(s)
any records that were considered in the
trustworthiness and reliability
determination, including those required
to be provided under 10 CFR
73.57(e)(1), so that the proposed
recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the
NRC staff’s adverse determination with
respect to access to SUNSI or with
respect to standing or need to know for
SGI 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.
(4) The requestor may challenge the
Office of Administration’s final adverse
determination with respect to
trustworthiness and reliability for access
to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under
this paragraph must be made pursuant
to 10 CFR 2.311.
K. Review of Grants of Access. A
party other than the requestor 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
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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 2.311.7
L. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI or SGI, and motions for
protective orders, in a timely fashion in
order to minimize any unnecessary
delays in identifying those petitioners
37131
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 26th of
July, 2017.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
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) and/or Safeguards
Information (SGI) 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; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including
application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation
does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to
know for SGI. (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 makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to
file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of
SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding
access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).
If access granted: Issuance of a decision by a presiding officer or other designated officer 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 and/or SGI consistent with decision issuing
the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to
file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of
SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding
access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
190 ....................
205 ....................
A .......................
A + 3 .................
A + 28 ...............
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A + 53 ...............
A + 60 ...............
>A + 60 .............
190 ....................
205 ....................
7 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
VerDate Sep<11>2014
21:16 Aug 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 00092
Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI/SGI request
submitted to the NRC staff under these procedures.
E:\FR\FM\08AUN1.SGM
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Day
Event/activity
A .......................
If access granted: Issuance of a decision by a presiding officer or other designated officer 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 and/or SGI consistent with decision issuing
the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–16139 Filed 8–7–17; 8:45 am]
David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0069]
Information Collection: Voluntary
Reporting of Performance Indicators
l. Obtaining Information and
Submitting Comments
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘Voluntary Reporting of
Performance Indicators.’’
DATES: Submit comments by October 10,
2017. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0069. 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: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–2F43, 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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
21:16 Aug 07, 2017
Jkt 241001
A. Obtaining Information
Please refer to Docket ID NRC–2017–
0069 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–2017–0069.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public 1Documents 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
supporting statement is available in
ADAMS under Accession No.
ML17124A082.
• 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.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting NRC’s Clearance
Officer, David Cullison, Office of the
Chief Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
B. Submitting Comments
Please include Docket ID NRC–2017–
0069 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: ‘‘Voluntary Reporting of
Performance Indicators.’’
2. OMB approval number: 3150–0195.
3. Type of submission: Extension.
4. The form number, if applicable:
N/A.
5. How often the collection is required
or requested: Quarterly.
6. Who will be required or asked to
respond: Power reactor licensees.
7. The estimated number of annual
responses: 376.
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Agencies
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37123-37132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16139]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2017-0162]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Safeguards Information and Order Imposing Procedures
for Access to Sensitive Unclassified Non-Safeguards Information and
Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; 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 the approval of three amendment requests. The amendment
requests are for Vermont Yankee Power Station, 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 the
amendment requests contain sensitive unclassified non-safeguards
information (SUNSI) and/or safeguards information (SGI), an order
imposes procedures to obtain access to SUNSI and SGI for contention
preparation.
DATES: Comments must be filed by September 7, 2017. A request for a
hearing must be filed by October 10, 2017. Any potential party as
defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10
CFR), who believes access to SUNSI and/or SGI is necessary to respond
to this notice must request document access by August 18, 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-2017-0162. 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:
[[Page 37124]]
TWFN-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-2017-0162, 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-2017-0162.
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-2017-0162, 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 and/or
SGI.
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 Sec. 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for
example, in derating or shutdown of the facility. If the Commission
takes action prior to the expiration of either the comment period or
the notice period, it will publish a notice of issuance in the Federal
Register. If the Commission makes a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or
[[Page 37125]]
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 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
[[Page 37126]]
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.
For further details with respect to these license amendment
applications, see the application for amendment which is available for
public inspection in ADAMS and at the NRC's PDR. For additional
direction on obtaining information related to this document, see the
``Obtaining Information and Submitting Comments'' section of this
document.
Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee
Nuclear Power Station (VY), Vernon, Vermont
Date of amendment request: March 29, 2017. A publicly-available
version is in ADAMS under Accession No. ML17172A460.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI) and
safeguards information (SGI). The proposed amendment would revise the
Physical Security Plan, Training and Qualification Plan, and Safeguards
Contingency Plan (the ``Plan'' or ``Security Plan'') at VY. The
Security Plan will supersede the current Physical Security Plan,
Training and Qualification Plan, and Safeguards Contingency Plan at VY.
These changes will more fully reflect the permanently shut-down and
defueled status of the facility, as well as the reduced scope of
potential radiological accidents and security concerns once all spent
fuel has been permanently moved to dry cask storage within the onsite
VY independent spent fuel storage installation (ISFSI), an activity
which is currently scheduled for completion in 2018.
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.
VY has submitted notifications pursuant to 10 CFR 50.82(a)(1)
for permanent cessation of power reactor operations and permanent
removal of fuel from the reactor vessel. Upon docketing of the 10
CFR 50.82(a)(1) certifications, under 10 CFR 50.82(a)(2) the VY Part
50 license no longer authorizes operation of the reactor or
emplacement or retention of fuel into the reactor vessel. The
irradiated fuel at VY is currently stored in the spent fuel pool
(SFP) and within the ISFSI on a single pad. In this condition, the
number of credible accidents or transients is significantly smaller
than for a plant authorized to operate the reactor or emplace or
retain fuel in the reactor vessel.
Construction of a second ISFSI pad is in progress and scheduled
for completion in 2017, to allow for complete off-load of the SFP to
dry storage in casks within the ISFSI. The proposed ISFSI PSP
reflects the future site configuration with offload of fuel from the
SFP to the ISFSI, with no intention to return spent fuel to the SFP.
In this dry fuel storage only configuration, the Fuel Handling
Accident currently described in VY Defueled Safety Analysis Report
(DSAR) Chapter 6 would no longer be credible. Since the proposed
amendment would have no significant effect on facility SSCs and no
significant effect on the capability of facility structures,
systems, components (SSCs) to perform their design functions for any
accident previously evaluated, it does not significantly increase
the likelihood of the malfunction of facility SSCs and does not
increase the probability or consequences of an accident previously
evaluated.
The casks are maintained in accordance with the provisions of
the general license for the VY ISFSI, utilizing the Holtec
International HI-STORM 100 Cask System, Certificate of Compliance
(CoC) No. 72-1014, and in accordance with the associated Cask Final
Safety Analysis Report (FSAR). The HI-STORM 100 Cask System consists
of spent nuclear fuel (SNF) residing within a fuel basket structure
contained within a sealed metallic canister, or Multi-Purpose
Canister (MPC). The HI-STORM 100 receives and contains the sealed
MPC for long term storage, and provides gamma and neutron shielding,
ventilation passages, missile protection, and protection against
natural phenomena and accidents for the MPC. Cask
[[Page 37127]]
FSAR Chapter 11, ``Accident Analysis'', Section 11.2 provides the
evaluation of accidents for the HI-STORM 100 Cask System which
satisfies the following minimum acceptance criteria:
The MPC confinement boundary maintains radioactive
material confinement,
The MPC fuel basket structure maintains the fuel
contents subcritical,
The stored SNF can be retrieved by normal means and
The system provides adequate shielding.
The HI-STORM 100 Cask System provides the spent nuclear fuel and
radioactive material in storage with confinement, radiation
shielding, criticality and passive heat removal, independent of
other facility SSCs.
Security modifications associated with this proposed amendment
include new security systems for lighting, intruder detection
systems, protected area boundary fencing, access control systems,
telecommunications equipment, a vehicle barrier system, and a
central alarm station. These security modifications do not
significantly affect the ability of the Cask System and MPC to
perform their functions as described in the Cask FSAR. Hence the
proposed amendment has no effect on the ability of the Cask System
to perform its design function nor would it increase the likelihood
of an accident previously evaluated.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of a previously
evaluated accident.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed amendment does not involve any physical alteration
of any facility SSCs or Cask System components required to mitigate
or prevent any accident previously evaluated, and does not have a
significant effect on the capability of any facility SSC or Cask
System component to perform its design functions. Thus, the proposed
amendment does not create any initiators or precursors of a new or
different kind of accident than previously evaluated. Likewise, the
proposed amendment does not create the possibility of a new failure
mode associated with any SSC malfunction or personnel errors that
could result in a new or different kind of accident. Since the
proposed amendment does not significantly affect any Cask System
components, the credible events for the ISFSI are not changed.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Pursuant to 10 CFR 50.82(a)(2), the 10 CFR part 50 license for
VY no longer authorizes operation of the reactor or emplacement or
retention of fuel into the reactor vessel, therefore the occurrence
of any postulated accidents associated with an operating nuclear
reactor is no longer credible. The proposed changes would not be
effective until after the transfer of spent fuel to the ISFSI is
complete, with no intent to return spent fuel to the spent fuel
pool, therefore the fuel handling accident described in VY DSAR
Chapter 6 would no longer be credible in this configuration. The
proposed amendment does not involve a significant change in any
facility SSC or Cask System component's design, configuration, or
operation. Therefore the modifications associated with this proposed
amendment do not significantly affect the capability or manner in
which facility SSCs or Cask System components perform their safety
functions or the safety margins associated with their design and
function.
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: Susan Raimo, Senior Counsel, Entergy
Services, Inc., 101 Constitution Ave. NW., Suite 200 East, Washington,
DC 20001.
NRC Branch Chief: Bruce Watson, CHP.
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: June 19, 2017. A publicly-available
version is in ADAMS under Accession No. ML17170A339.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
requested amendment proposes changes to combined operating license
(COL) Appendix C (and to plant-specific Tier 1 information), and
associated Tier 2 information to remove the west walls of containment
air filtration exhaust rooms A and B in the annex building to
facilitate ease of access to equipment in the room during installation
and maintenance. Pursuant to the provisions of 10 CFR 52.63(b)(1), an
exemption from elements of the design as certified in the 10 CFR part
52, Appendix D, design certification rule is also requested for the
plant-specific Design Control Document Tier 1 material departures.
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.
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed activity removes radiation shield walls from the
west end of the containment air filtration exhaust rooms A and B
(Rooms 40551 and 40552) to facilitate installation, access and
maintenance of filtration equipment. The removal of the walls
results in increased levels of radiation; however, the increase does
not change the radiation level classification of the area including
the Zone 2 designation for the staging and storage area or the Zone
3 designation of Rooms 40551 and 40552. It is expected that by
removing the walls, occupational doses are reduced through a
reduction in expected occupancy time when personnel are required to
access the filtration units. Radiation licensing commitments are met
without consideration of the shield walls. The radiation levels
associated with the equipment are not changed. No specific accident
sequences for the containment air filtration units are analyzed or
described in the licensing bases, apart from the information in
UFSAR [Updated Final Safety Analysis Report] Subsection 12.3.3.5,
which remains valid and is not adversely affected. The removed walls
are not relied upon to mitigate evaluated accidents described in
UFSAR Ch. 6 or 15 and are not credited for aircraft impact
assessment. There are no changes to remaining walls that provide
shielding in the area.
No safety-related structure, system, component (SSC) or function
is adversely affected by this change. The change does not involve an
interface with any SSC accident initiator or initiating sequence of
events, and thus, the probabilities of the accidents evaluated in
the plant-specific UFSAR are not affected. The proposed changes do
not involve a change to the predicted radiological releases due to
postulated accident conditions, thus, the consequences of the
accidents evaluated in the UFSAR 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 activity to remove the radiation shield walls from
the west end of the containment air filtration exhaust rooms A and B
(Rooms 40551 and 40552) does not create a new or different kind of
accident previously evaluated as the removal of the walls does not
change equipment in the affected room or functions of SSCs.
Radiation levels are maintained for each designated zone in the
affected Rooms 40551 and 40552 and the nearby areas including the
security room, the storage and staging area, and the auxiliary
building. Surface dose rates for the filtration equipment are not
changed by this activity.
The proposed activity does not adversely affect any safety-
related equipment, and do
[[Page 37128]]
not add any new interfaces to safety-related SSCs that adversely
affect safety functions. No system or design function or equipment
qualification is adversely affected by these changes as the change
does not modify any SSCs that prevent safety functions from being
performed. The changes do not introduce a new failure mode,
malfunction or sequence of events that could adversely affect safety
or safety-related equipment.
Therefore, the requested 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.
Designated radiation level identified for the containment air
filtration exhaust rooms A and B (Rooms 40551 and 40552) in UFSAR
Figure 12.3-1 (Sheet 13) are unchanged. Radiation levels are
determined for Room 40550 with removal of the walls and are
calculated to be approximately 0.42 mRem/hr {milli/roentgen
equivalent man/hour{time} . This radiation dose is within the
radiation levels of <= 2.5 mRem/hr designated for the Zone 2
designation of these rooms. The different zones have varying level
of access control that function to limit worker exposure. Because of
the radiation protection controls, a potential increase in the dose
rates in an area does not necessarily lead to a corresponding
increase in worker exposure and can still be consistent with the
ALARA [as low as reasonably achievable] principle. The change
continues to comply with the applicable ALARA design considerations
discussed in UFSAR Subsection 12.1.2.3. Removal of the walls support
reduced duration of radiation exposure due to the improved access to
Rooms 40551 and 40552 to perform maintenance activities to the
filtration units. Therefore, the overall impact to occupational
doses is not adverse. Radiation sources are not changed by the
proposed activity. No safety analysis or design basis acceptance
limit/criterion is challenged or exceeded by the proposed changes.
Therefore, the requested 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, Docket Nos. 52-025 and 52-026,
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia
Date of amendment request: May 24, 2017. A publicly-available
version is in ADAMS under Accession No. ML17144A413.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
requested amendment proposes changes to combined operating license
(COL) Appendix C (and to plant-specific Tier 1 information), and
associated Tier 2 information to remove the west walls of containment
air filtration exhaust rooms A and B in the annex building to
facilitate ease of access to equipment in the room during installation
and maintenance. Pursuant to the provisions of 10 CFR 52.63(b)(1), an
exemption from elements of the design as certified in the 10 CFR part
52, Appendix D, design certification rule is also requested for the
plant-specific Design Control Document Tier 1 material departures.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed activity removes radiation shield walls from the
west end of the containment air filtration exhaust rooms A and B
(Rooms 40551 and 40552) to facilitate installation, access and
maintenance of filtration equipment. The removal of the walls
results in increased levels of radiation; however, the increase does
not change the radiation level classification of the area including
the Zone 2 designation for the staging and storage area or the Zone
3 designation of Rooms 40551 and 40552. It is expected that by
removing the walls, occupational doses are reduced through a
reduction in expected occupancy time when personnel are required to
access the filtration units.
Radiation licensing commitments are met without consideration of
the shield walls. The radiation levels associated with the equipment
are not changed. No specific accident sequences for the containment
air filtration units are analyzed or described in the licensing
bases, apart from the information in Updated Final Safety Analysis
Report (UFSAR) Subsection 12.3.3.5, which remains valid and is not
adversely affected. The removed walls are not relied upon to
mitigate evaluated accidents described in UFSAR Ch. [chapter] 6 or
15 and are not credited for aircraft impact assessment. There are no
changes to remaining walls that provide shielding in the area.
No safety-related structure, system, component (SSC) or function
is adversely affected by this change. The change does not involve an
interface with any SSC accident initiator or initiating sequence of
events, and thus, the probabilities of the accidents evaluated in
the plant-specific UFSAR are not affected. The proposed changes do
not involve a change to the predicted radiological releases due to
postulated accident conditions, thus, the consequences of the
accidents evaluated in the UFSAR 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 activity to remove the radiation shield walls from
the west end of the containment air filtration exhaust rooms A and B
(Rooms 40551 and 40552) does not create a new or different kind of
accident previously evaluated as the removal of the walls does not
change equipment in the affected room or functions of SSCs.
Radiation levels are maintained for each designated zone in the
affected Rooms 40551 and 40552 and the nearby areas including the
security room, the storage and staging area, and the auxiliary
building. Surface dose rates for the filtration equipment are not
changed by this activity.
The proposed activity does not adversely affect any safety-
related equipment, and do not add any new interfaces to safety-
related SSCs that adversely affect safety functions. No system or
design function or equipment qualification is adversely affected by
these changes as the change does not modify any SSCs that prevent
safety functions from being performed. The changes do not introduce
a new failure mode, malfunction or sequence of events that could
adversely affect safety or safety-related equipment.
Therefore, the requested 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.
Designated radiation level identified for the containment air
filtration exhaust rooms A and B (Rooms 40551 and 40552) in UFSAR
Figure 12.3-1 (Sheet 13) are unchanged. Radiation levels are
determined for Room 40550 with removal of the walls and are
calculated to be approximately 0.42 mRem/hr [milli/roentgen
equivalent man/hour]. This radiation dose is within the radiation
levels of <= 2.5 mRem/hr designated for the Zone 2 designation of
these rooms. The different zones have varying level of access
control that function to limit worker exposure. Because of the
radiation protection controls, a potential increase in the dose
rates in an area does not necessarily lead to a corresponding
increase in worker exposure and can still be consistent with the
ALARA [as low as reasonably achievable] principle. The change
continues to comply with the applicable ALARA design considerations
discussed in UFSAR Subsection 12.1.2.3. Removal of the walls support
reduced duration of radiation exposure due to the
[[Page 37129]]
improved access to Rooms 40551 and 40552 to perform maintenance
activities to the filtration units. Therefore, the overall impact to
occupational doses is not adverse. Radiation sources are not changed
by the proposed activity. No safety analysis or design basis
acceptance limit/criterion is challenged or exceeded by the proposed
changes.
Therefore, the requested 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, AL 35203-2015.
NRC Branch Chief: Jennifer Dixon-Herrity.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation.
Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee
Nuclear Power Station, Vernon, Vermont
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
Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026,
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
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 or SGI is necessary to respond to this notice
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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 requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both 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 and/or SGI
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);
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor'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; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------
\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
---------------------------------------------------------------------------
(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the electronic
questionnaire for investigations processing (e-QIP) Web site, a secure
Web site that is owned and operated by the Office of Personnel
Management. To obtain online access to the form, the requestor should
contact the NRC's Office of Administration at 301-415-3710.\3\
---------------------------------------------------------------------------
\3\ The requestor will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and email address. After providing this information, the requestor
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Administrative
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by email to
MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of 1954, as amended, which
mandates that all persons with access to SGI must be
[[Page 37130]]
fingerprinted for an FBI identification and criminal history records
check.
(d) A check or money order payable in the amount of $324.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
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(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel Security
Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, Rockville, MD
20852.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(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 setting forth
terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.\5\
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\5\ 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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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
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\6\ Any motion for Protective Order or draft Non-Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI must be filed by the requestor no later than 25 days
after receipt of (or access to) that information. However, if more than
25 days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI 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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor 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
[[Page 37131]]
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.\7\
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\7\ Requestors 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/SGI
request submitted to the NRC staff under these procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, 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 26th of July, 2017.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
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Day Event/activity
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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) and/or Safeguards
Information (SGI) 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;
demonstrating that access should be granted
(e.g., showing technical competence for
access to SGI); and, for SGI, including
application fee for fingerprint/background
check.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; (ii) all contentions whose
formulation does not require access to SUNSI
and/or SGI (+25 Answers to petition for
intervention; +7 requestor/petitioner
reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows (1)
need for SUNSI or (2) need to know for SGI.
(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 makes the finding of need to
know for SGI and likelihood of standing, NRC
staff begins background check (including
fingerprinting for a criminal history
records check), information processing
(preparation of redactions or review of
redacted documents), and readiness
inspections.
25....................... If NRC staff finds no ``need,'' no ``need to
know,'' or no likelihood of standing, the
deadline for requestor/petitioner 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.
190...................... (Receipt +180) If NRC staff finds standing,
need to know for SGI, and trustworthiness
and reliability, deadline for NRC staff to
file motion for Protective Order and draft
Non-disclosure Affidavit (or to make a
determination that the proposed recipient of
SGI is not trustworthy or reliable). Note:
Before the Office of Administration makes a
final adverse determination regarding access
to SGI, the proposed recipient must be
provided an opportunity to correct or
explain information.
205...................... Deadline for petitioner to seek reversal of a
final adverse NRC staff trustworthiness or
reliability determination under 10 CFR
2.336(f)(1)(iv).
A........................ If access granted: Issuance of a decision by
a presiding officer or other designated
officer 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 and/or
SGI consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI and/
or SGI. 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 or SGI contentions by that later
deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI and/or SGI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
Order and draft Non-Disclosure Affidavit.
Deadline for applicant/licensee to file Non-
Disclosure Agreement for SUNSI.
190...................... (Receipt +180) If NRC staff finds standing,
need to know for SGI, and trustworthiness
and reliability, deadline for NRC staff to
file motion for Protective Order and draft
Non-disclosure Affidavit (or to make a
determination that the proposed recipient of
SGI is not trustworthy or reliable). Note:
Before the Office of Administration makes a
final adverse determination regarding access
to SGI, the proposed recipient must be
provided an opportunity to correct or
explain information.
205...................... Deadline for petitioner to seek reversal of a
final adverse NRC staff trustworthiness or
reliability determination under 10 CFR
2.336(f)(1)(iv).
[[Page 37132]]
A........................ If access granted: Issuance of a decision by
a presiding officer or other designated
officer 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 and/or
SGI consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI and/
or SGI. 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 or SGI contentions by that later
deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI and/or SGI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2017-16139 Filed 8-7-17; 8:45 am]
BILLING CODE 7590-01-P