Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 20866-20872 [2018-07705]
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Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices
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from 1 hour to 24 hours and changed
the basis for entry into the TS actions
for inoperable rod position indicators
from ‘‘per bank’’ to ‘‘per group.’’ The
amendments also separated existing TS
3.1.3.2.1, Action a.1, into two separate
actions and removed the duplicative
Action b (Unit No. 1 only).
Date of issuance: April 18, 2018.
Effective date: As of the date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment Nos.: 324 (Unit No. 1)
and 305 (Unit No. 2). A publiclyavailable version is in ADAMS under
Accession No. ML18085B198;
documents related to these amendments
are listed in the Safety Evaluation
enclosed with the amendments.
Renewed Facility Operating License
Nos. DPR–70 and DPR–75: The
amendments revised the Renewed
Facility Operating Licenses and TSs.
Date of initial notice in Federal
Register: March 1, 2018 (83 FR 8904).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated April 18, 2018.
No significant hazards consideration
comments received: No.
PSEG Nuclear LLC, Docket No. 50–354,
Hope Creek Generating Station (HCGS),
Salem County, New Jersey
Date of amendment request:
November 9, 2017, as supplemented by
letter dated January 22, 2018.
Brief description of amendment: The
amendment revised the HCGS Technical
Specifications. Specifically, the
amendment revised the safety limit
minimum critical power ratio for two
recirculation loop operation and single
recirculation loop operation based on
the HCGS Cycle 22 specific analysis.
Date of issuance: April 11, 2018.
Effective date: As of the date of
issuance and shall be implemented
prior to startup following the spring
2018 refueling outage.
Amendment No.: 211. A publiclyavailable version is in ADAMS under
Accession No. ML18081A044;
documents related to this amendment
are listed in the Safety Evaluation
enclosed with the amendment.
Renewed Facility Operating License
No. NPF–57: The amendment revised
the renewed facility operating license
and technical specifications.
Date of initial notice in Federal
Register: February 6, 2018 (83 FR
5281). The supplemental letter dated
January 22, 2018, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the NRC staff’s
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original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated April 11, 2018.
No significant hazards consideration
comments received: No.
Southern Nuclear Operating Company,
Docket Nos. 52–025 and 52–026, Vogtle
Electric Generating Plant (VEGP), Unit
Nos. 3 and 4, Burke County, Georgia
Date of amendment request:
September 13, 2017.
Description of amendment: The
amendments authorized changes to the
VEGP, Unit Nos. 3 and 4, Updated Final
Safety Analysis Report in the form of
departures from the plant-specific
Design Control Document Tier 2
information and involved related
changes to the VEGP, Units 3 and 4,
Combined License (COL) Appendix A,
Technical Specifications.
The amendments authorized changes
to the mass of trisodium phosphate
required inside containment to provide
adjustment of the pH of the water in the
containment following an accident in
which the containment floods. These
changes are reflected in COL Appendix
A.
Date of issuance: February 27, 2018.
Effective date: As of the date of
issuance and shall be implemented
within 30 days of issuance.
Amendment Nos.: 110 (Unit No. 3)
and 109 (Unit No. 4). A publiclyavailable version is in ADAMS under
Package Accession No. ML18030A612;
documents related to these amendments
are listed in the Safety Evaluation
enclosed with the amendments.
Facility Combined Licenses Nos. NPF–
91 and NPF–92: Amendments revised
the facility COL.
Date of initial notice in Federal
Register: November 21, 2017 (82 FR
55401).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated February 27,
2018.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 26th day
of April 2018.
For the Nuclear Regulatory Commission.
Tara Inverso,
Acting Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2018–09244 Filed 5–7–18; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025 and 52–026; NRC–
2018–0071]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving
Proposed No Significant Hazards
Considerations and Containing
Sensitive Unclassified Non-Safeguards
Information and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: License amendment request;
notice of opportunity to comment,
request a hearing, and petition for leave
to intervene; order imposing
procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of one amendment
request for Vogtle Electric Generating
Plant, Units 3 and 4. The NRC proposes
to determine that the amendment
request involves no significant hazards
consideration. Because the amendment
request contains sensitive unclassified
non-safeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
SUMMARY:
Comments must be filed by June
7, 2018. A request for a hearing must be
filed by July 9, 2018. Any potential
party, as defined in § 2.4 of title 10 of
the Code of Federal Regulations (10
CFR), who believes access to SUNSI is
necessary to respond to this notice must
request document access by May 18,
2018.
DATES:
You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0071. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: May Ma, Office
of Administration, Mail Stop: TWFN–7–
A60, 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
ADDRESSES:
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SUPPLEMENTARY INFORMATION
section of
this document.
Kay
Goldstein, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1506, email:
Kay.Goldstein@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2018–
0071, 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0071.
• 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–2018–
0071, 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
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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 189.a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the NRC is publishing this
notice. The Act requires the
Commission to publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license or combined
license, as applicable, upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This notice includes notices of
amendments containing SUNSI.
III. Notice of Consideration of Issuance
of Amendments to Facility Operating
Licenses or Combined Licenses,
Proposed No Significant Hazards
Consideration Determination, and
Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment request involves
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated, or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated, or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for the
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 60day period provided that its final
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20867
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 person
(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 website 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
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
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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
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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
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
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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
website 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 website 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 website 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
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
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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 website 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.
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
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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.
Southern Nuclear Operating Company,
Inc., Docket Nos. 52–025 and 52–026,
Vogtle Electric Generating Plant, Units 3
and 4, Burke County, Georgia
Date of amendment request:
December 21, 2017. A publicly-available
version is in ADAMS under Accession
No. ML18029A243.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment
request proposes changes to the
Updated Final Safety Analysis Report
(UFSAR) in the form of departures from
the incorporated plant-specific Design
Control Document (DCD) Tier 2* and
Tier 2 information and related changes
to the Vogtle Electric Generating Plant,
Units 3 and 4, Combined License (COL)
Appendix A and COL Appendix C (and
corresponding plant-specific DCD Tier
1) information. An exemption request
relating to the proposed changes to the
AP1000 DCD Tier 1 is included with the
request. Specifically, the amendment
request states that design changes
within containment have necessitated
recalculation of geometry input to the
WGOTHIC evaluation model (EM) used
for containment integrity analyses. Heat
sinks, control volumes, and flow paths
have been recalculated, and are in turn
modeled in the WGOTHIC EM. Mass
and energy (M&E) releases for Loss of
Coolant Accident (LOCA) and Main
Steam Line Break (MSLB) events are
also recalculated. Various methodology
changes are also made to the WGOTHIC
methodology for the AP1000 design.
These updates culminate in the
recalculation of the containment
integrity analyses. Additionally,
changes are proposed to Inspections,
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20869
Tests, Analyses, and Acceptance
Criteria (ITAAC) related to flow rate
testing of the passive containment
cooling system (PCS) in order to capture
lessons learned from preoperational
testing performed at China’s AP1000
nuclear power station, Sanmen Unit 1.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented below
with NRC staff edits in square brackets:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
This change proposes updates to the plantspecific containment integrity analyses. Heat
sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled
in the WGOTHIC EM. Various methodology
changes are also made to the WGOTHIC
methodology for the AP1000 plant design.
M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the
recalculation of the containment integrity
calculations. Additionally, changes are
proposed to ITAAC acceptance criteria
related to flow rate testing of the PCS in order
to capture lessons learned from testing at
[China’s AP1000] Sanmen Unit 1.
The proposed changes do not adversely
affect the operation of any systems or
equipment that initiate an analyzed accident
or alter any structures, systems, and
components (SSC) accident initiator or
initiating sequence of events. The proposed
changes do not adversely affect the physical
design and operation of the PCS including asinstalled inspections, testing, and
maintenance requirements, as described in
the UFSAR. Therefore, the operation of the
PCS is not adversely affected. A LOCA and
a MSLB are considered and identified as the
limiting events for the AP1000 design with
respect to containment peak pressure and
temperature. However, the proposed changes
do not adversely affect the probability of
either a LOCA or MSLB from occurring.
Therefore, the probabilities of the accidents
previously evaluated in the UFSAR are not
affected.
The proposed changes do not adversely
affect the ability of the PCS to perform its
design functions. The design of the PCS
continues to meet the same regulatory
acceptance criteria, codes, and standards as
required by the UFSAR. In addition, the
proposed changes maintain the capabilities
of the PCS to mitigate the consequences of an
accident and to meet the applicable
regulatory acceptance criteria. The proposed
changes do not adversely affect the
prevention and mitigation of other abnormal
events, e.g., anticipated operational
occurrences, earthquakes, floods and turbine
missiles, or their safety or design analyses.
Therefore, the consequences of accidents
evaluated in the UFSAR are not affected.
Therefore, the proposed amendment does
not involve a significant increase in the
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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.
This change proposes updates to the plantspecific containment integrity analyses. Heat
sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled
in the WGOTHIC EM. Various methodology
changes are also made to the WGOTHIC
methodology for the AP1000 plant design.
M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the
recalculation of the containment integrity
calculations. Additionally, changes are
proposed to ITAAC acceptance criteria
related to flow rate testing of the passive
containment cooling system PCS in order to
capture lessons learned from testing at
[China’s AP1000] Sanmen Unit 1.
The proposed changes would not introduce
a new failure mode, fault, or sequence of
events that could result in a radioactive
material release. The proposed changes do
not alter the design, configuration, or method
of operation of the plant beyond standard
functional capabilities of the equipment.
Therefore, this activity does not allow for a
new fission product release path, result in a
new fission product barrier failure mode, or
create a new sequence of events which
results in significant fuel cladding failures.
Therefore, the proposed changes do 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.
This change proposes updates to the plantspecific containment integrity analyses. Heat
sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled
in the WGOTHIC EM. Various methodology
changes are also made to the WGOTHIC
methodology for the AP1000 plant design.
M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the
recalculation of the containment integrity
calculations. Additionally, changes are
proposed to ITAAC acceptance criteria
related to flow rate testing of the passive
containment cooling system (PCS) in order to
capture lessons learned from testing at
[China’s AP1000] Sanmen Unit 1.
Safety margins are applied at many levels
to the design and licensing basis functions
and to the controlling values of parameters to
account for various uncertainties and to
avoid exceeding regulatory or licensing
limits. The proposed changes maintain
existing safety margins, and in some cases,
provide additional margin. The proposed
changes maintain the capabilities of the PCS
to perform its design functions. Therefore,
the proposed changes satisfy the same design
functions in accordance with the same codes
and standards as stated in the UFSAR. These
changes do not adversely affect any design
code, function, safety analysis, safety
analysis input or results, or design/safety
margin. No safety analysis or design basis
acceptance limit/criterion is challenged or
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exceeded by the proposed changes, and no
margin of safety is reduced.
Therefore, the proposed amendment does
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Kathryn M.
Sutton, Morgan, Lewis & Bockius LLC,
1111 Pennsylvania Avenue NW,
Washington, DC 20004–2514.
NRC Branch Chief: Jennifer DixonHerrity.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
Southern Nuclear Operating Company,
Inc., Docket Nos. 52–025 and 52–026,
Vogtle Electric Generating Plant, Units 3
and 4, Burke County, Georgia
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request access to SUNSI. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication of this notice will not be
considered absent a showing of good
cause for the late filing, addressing why
the request could not have been filed
earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. The expedited delivery
or courier mail address for both offices
is: U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses
for the Office of the Secretary and the
PO 00000
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Fmt 4703
Sfmt 4703
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); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3), the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after receipt of (or
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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access to) that information. However, if
more than 25 days remain between the
petitioner’s receipt of (or access to) the
information and the deadline for filing
all other contentions (as established in
the notice of hearing or opportunity for
hearing), the petitioner may file its
SUNSI contentions by that later
deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing and requisite
need, the NRC staff shall immediately
notify the requestor in writing, briefly
stating the reason or reasons for the
denial.
(2) The requester may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an Administrative Law Judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
(3) Further appeals of decisions under
this paragraph must be made pursuant
to 10 CFR 2.311.
H. Review of Grants of Access. A
party other than the requester may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed within 5 days of
the notification by the NRC staff of its
grant of access and must be filed with:
(a) The presiding officer designated in
this proceeding; (b) if no presiding
officer has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an Administrative Law Judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
20871
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
The attachment to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 9th of
April 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its
SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
sradovich on DSK3GMQ082PROD with NOTICES
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
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18:41 May 07, 2018
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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
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Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices
[FR Doc. 2018–07705 Filed 5–7–18; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Temporary Emergency Committee of
the Board of Governors; Sunshine Act
Meeting
Wednesday, May 9,
2018, at 10:30 a.m.
PLACE: Washington, DC, and via
Teleconference.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Wednesday, May 9, 2018, at 10:30 a.m.
1. Strategic Items.
2. Financial Matters.
3. Executive Session—Discussion of
prior agenda items and Temporary
Emergency Committee governance.
General Counsel Certification: The
General Counsel of the United States
Postal Service has certified that the
meeting may be closed under the
Government in the Sunshine Act.
CONTACT PERSON FOR MORE INFORMATION:
Julie S. Moore, Secretary of the Board,
U.S. Postal Service, 475 L’Enfant Plaza
SW, Washington, DC 20260–1000.
Telephone: (202) 268–4800.
Julie S. Moore,
Secretary.
[FR Doc. 2018–09905 Filed 5–4–18; 4:15 pm]
BILLING CODE 7710–12–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review, Request for Comments
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) is forwarding
SUMMARY:
an Information Collection Request (ICR)
to the Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget (OMB). Our
ICR describes the information we seek
to collect from the public. Review and
approval by OIRA ensures that we
impose appropriate paperwork burdens.
The RRB invites comments on the
proposed collections of information to
determine (1) the practical utility of the
collections; (2) the accuracy of the
estimated burden of the collections; (3)
ways to enhance the quality, utility, and
clarity of the information that is the
subject of collection; and (4) ways to
minimize the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to the RRB or OIRA must
contain the OMB control number of the
ICR. For proper consideration of your
comments, it is best if the RRB and
OIRA receive them within 30 days of
the publication date.
1. Title and purpose of information
collection: Appeal Under the Railroad
Retirement and Railroad Unemployment
Insurance Act; OMB 3220–0007.
Under Section 7(b)(3) of the Railroad
Retirement Act (RRA), and Section 5(c)
of the Railroad Unemployment
Insurance Act (RUIA) any person
aggrieved by a decision made by an
office of the RRB on his or her
application for an annuity or benefit
under those Acts has the right to appeal
to the RRB. This right is prescribed in
20 CFR 260 and 20 CFR 320. The
notification letter, which is provided at
the time of filing the original
application, informs the applicant of
such right. When an applicant protests
a decision, the concerned RRB office
reviews the entire file and any
additional evidence submitted and
sends the applicant a letter explaining
the basis of the determination. The
applicant is then notified that to protest
further, they can appeal to the RRB’s
Bureau of Hearings and Appeals. The
appeal process is prescribed in 20 CFR
260.5 and 260.9 and 20 CFR 320.12 and
320.38.
To file a request for an appeal the
applicant must complete Form HA–1,
Appeal Under the Railroad Retirement
Act or Railroad Unemployment
Insurance Act. The form asks the
applicant to explain the basis for their
request for an appeal and, if necessary,
to describe any additional evidence they
wish to submit in support of the appeal.
Completion is voluntary, however, if the
information is not provided the RRB
cannot process the appeal.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (83 FR 7511 on February
21, 2018) required by 44 U.S.C.
3506(c)(2). That request elicited no
comments.
Information Collection Request (ICR)
Title: Appeal Under the Railroad
Retirement and Railroad Unemployment
Insurance Act.
OMB Control Number: 3220–0007.
Form(s) submitted: HA–1.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Individuals or
Households.
Abstract: Under Section 7(b)(3) of the
Railroad Retirement Act and Section
5(c) of the Railroad Unemployment
Insurance Act, a person aggrieved by a
decision on his or her application for an
annuity or other benefit has the right to
appeal to the RRB. The collection
provides the means for the appeal
action.
Changes proposed: The RRB proposes
no changes to Form HA–1.
The burden estimate for the ICR is as
follows:
Annual
responses
Form No.
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HA–1 ........................................................................................................................................................
2. Title and Purpose of information
collection: Annual Earnings
Questionnaire; OMB 3220–0179.
Under section 2(e)(3) of the Railroad
Retirement Act (RRA), an annuity is not
payable for any month in which a
beneficiary works for a railroad. In
addition, an annuity is reduced for any
month in which the beneficiary works
for an employer other than a railroad
employer and earns more than a
prescribed amount. Under the 1988
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18:41 May 07, 2018
Jkt 244001
amendments to the RRA, the Tier II
portion of the regular annuity and any
supplemental annuity must be reduced
by one dollar for each two dollars of
Last Pre-Retirement Non-Railroad
Employment (LPE) earnings for each
month of such service. However, the
reduction cannot exceed 50 percent of
the Tier II and supplemental annuity
amount for the month to which such
deductions apply. The LPE generally
refers to an annuitant’s last employment
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
550
Time
(minutes)
20
Burden
(hours)
185
with a non-railroad person, company, or
institution prior to retirement, which
was performed at the same time as
railroad employment or after the
annuitant stopped railroad employment.
The collection obtains earnings
information needed by the RRB to
determine if possible reductions in
annuities are in order due to LPE.
The RRB utilizes Form G–19L,
Annual Earnings Questionnaire, to
obtain LPE earnings information from
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]]>Agencies
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20866-20872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07705]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025 and 52-026; NRC-2018-0071]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; notice of opportunity to comment,
request a hearing, and petition for leave to intervene; order imposing
procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of one amendment request for Vogtle Electric
Generating Plant, Units 3 and 4. The NRC proposes to determine that the
amendment request involves no significant hazards consideration.
Because the amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain
access to SUNSI for contention preparation.
DATES: Comments must be filed by June 7, 2018. A request for a hearing
must be filed by July 9, 2018. Any potential party, as defined in Sec.
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to respond to this notice must
request document access by May 18, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0071. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: TWFN-7-A60, 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
[[Page 20867]]
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Kay Goldstein, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1506, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0071, 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0071.
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 [email protected]. 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-2018-0071, 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 189.a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the NRC is publishing this notice. The Act requires
the Commission to publish notice of any amendments issued, or proposed
to be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This notice includes notices of amendments containing SUNSI.
III. Notice of Consideration of Issuance of Amendments to Facility
Operating Licenses or Combined Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment request involves no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for the 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
person (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 website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (First
Floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must
[[Page 20868]]
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 website 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 [email protected], 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 website 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 website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary
[[Page 20869]]
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 website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], 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.
Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52-
026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County,
Georgia
Date of amendment request: December 21, 2017. A publicly-available
version is in ADAMS under Accession No. ML18029A243.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment request proposes changes to the Updated Final Safety Analysis
Report (UFSAR) in the form of departures from the incorporated plant-
specific Design Control Document (DCD) Tier 2* and Tier 2 information
and related changes to the Vogtle Electric Generating Plant, Units 3
and 4, Combined License (COL) Appendix A and COL Appendix C (and
corresponding plant-specific DCD Tier 1) information. An exemption
request relating to the proposed changes to the AP1000 DCD Tier 1 is
included with the request. Specifically, the amendment request states
that design changes within containment have necessitated recalculation
of geometry input to the WGOTHIC evaluation model (EM) used for
containment integrity analyses. Heat sinks, control volumes, and flow
paths have been recalculated, and are in turn modeled in the WGOTHIC
EM. Mass and energy (M&E) releases for Loss of Coolant Accident (LOCA)
and Main Steam Line Break (MSLB) events are also recalculated. Various
methodology changes are also made to the WGOTHIC methodology for the
AP1000 design. These updates culminate in the recalculation of the
containment integrity analyses. Additionally, changes are proposed to
Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) related
to flow rate testing of the passive containment cooling system (PCS) in
order to capture lessons learned from preoperational testing performed
at China's AP1000 nuclear power station, Sanmen Unit 1.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below with NRC staff edits in square
brackets:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
This change proposes updates to the plant-specific containment
integrity analyses. Heat sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled in the WGOTHIC EM.
Various methodology changes are also made to the WGOTHIC methodology
for the AP1000 plant design. M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the recalculation of the
containment integrity calculations. Additionally, changes are
proposed to ITAAC acceptance criteria related to flow rate testing
of the PCS in order to capture lessons learned from testing at
[China's AP1000] Sanmen Unit 1.
The proposed changes do not adversely affect the operation of
any systems or equipment that initiate an analyzed accident or alter
any structures, systems, and components (SSC) accident initiator or
initiating sequence of events. The proposed changes do not adversely
affect the physical design and operation of the PCS including as-
installed inspections, testing, and maintenance requirements, as
described in the UFSAR. Therefore, the operation of the PCS is not
adversely affected. A LOCA and a MSLB are considered and identified
as the limiting events for the AP1000 design with respect to
containment peak pressure and temperature. However, the proposed
changes do not adversely affect the probability of either a LOCA or
MSLB from occurring. Therefore, the probabilities of the accidents
previously evaluated in the UFSAR are not affected.
The proposed changes do not adversely affect the ability of the
PCS to perform its design functions. The design of the PCS continues
to meet the same regulatory acceptance criteria, codes, and
standards as required by the UFSAR. In addition, the proposed
changes maintain the capabilities of the PCS to mitigate the
consequences of an accident and to meet the applicable regulatory
acceptance criteria. The proposed changes do not adversely affect
the prevention and mitigation of other abnormal events, e.g.,
anticipated operational occurrences, earthquakes, floods and turbine
missiles, or their safety or design analyses. Therefore, the
consequences of accidents evaluated in the UFSAR are not affected.
Therefore, the proposed amendment does not involve a significant
increase in the
[[Page 20870]]
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.
This change proposes updates to the plant-specific containment
integrity analyses. Heat sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled in the WGOTHIC EM.
Various methodology changes are also made to the WGOTHIC methodology
for the AP1000 plant design. M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the recalculation of the
containment integrity calculations. Additionally, changes are
proposed to ITAAC acceptance criteria related to flow rate testing
of the passive containment cooling system PCS in order to capture
lessons learned from testing at [China's AP1000] Sanmen Unit 1.
The proposed changes would not introduce a new failure mode,
fault, or sequence of events that could result in a radioactive
material release. The proposed changes do not alter the design,
configuration, or method of operation of the plant beyond standard
functional capabilities of the equipment. Therefore, this activity
does not allow for a new fission product release path, result in a
new fission product barrier failure mode, or create a new sequence
of events which results in significant fuel cladding failures.
Therefore, the proposed changes do 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.
This change proposes updates to the plant-specific containment
integrity analyses. Heat sinks, control volumes, and flow paths have
been recalculated, and are in turn modeled in the WGOTHIC EM.
Various methodology changes are also made to the WGOTHIC methodology
for the AP1000 plant design. M&E releases for LOCA and MSLB are also
recalculated. These updates culminate in the recalculation of the
containment integrity calculations. Additionally, changes are
proposed to ITAAC acceptance criteria related to flow rate testing
of the passive containment cooling system (PCS) in order to capture
lessons learned from testing at [China's AP1000] Sanmen Unit 1.
Safety margins are applied at many levels to the design and
licensing basis functions and to the controlling values of
parameters to account for various uncertainties and to avoid
exceeding regulatory or licensing limits. The proposed changes
maintain existing safety margins, and in some cases, provide
additional margin. The proposed changes maintain the capabilities of
the PCS to perform its design functions. Therefore, the proposed
changes satisfy the same design functions in accordance with the
same codes and standards as stated in the UFSAR. These changes do
not adversely affect any design code, function, safety analysis,
safety analysis input or results, or design/safety margin. No safety
analysis or design basis acceptance limit/criterion is challenged or
exceeded by the proposed changes, and no margin of safety is
reduced.
Therefore, the proposed amendment does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Kathryn M. Sutton, Morgan, Lewis & Bockius
LLC, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2514.
NRC Branch Chief: Jennifer Dixon-Herrity.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52-
026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County,
Georgia
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request access to SUNSI. A ``potential party'' is any person who
intends to participate as a party by demonstrating standing and filing
an admissible contention under 10 CFR 2.309. Requests for access to
SUNSI submitted later than 10 days after publication of this notice
will not be considered absent a showing of good cause for the late
filing, addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. The expedited delivery or courier mail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike,
Rockville, Maryland 20852. The email addresses for the Office of the
Secretary and the Office of the General Counsel are
[email protected] and [email protected], respectively.\1\ The
request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3), the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or
[[Page 20871]]
access to) that information. However, if more than 25 days remain
between the petitioner's receipt of (or access to) the information and
the deadline for filing all other contentions (as established in the
notice of hearing or opportunity for hearing), the petitioner may file
its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requester may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) The
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if he or
she is unavailable, another administrative judge, or an Administrative
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if
another officer has been designated to rule on information access
issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 9th of April 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of opportunity to request a hearing
and petition for leave to intervene), the
petitioner may file its SUNSI contentions by
that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
------------------------------------------------------------------------
[[Page 20872]]
[FR Doc. 2018-07705 Filed 5-7-18; 8:45 am]
BILLING CODE 7590-01-P
