Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, 50971-50975 [2018-22016]
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
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comment submission. The NRC will
post all comment submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS,
and 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
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: NRC Form 398, ‘‘Personal
Qualification Statement—Licensee.’’
2. OMB approval number: 3150–0090.
3. Type of submission: Extension.
4. The form number, if applicable:
NRC Form 398.
5. How often the collection is required
or requested: Upon application for an
initial or upgrade operator license and
every six years for the renewal of
operator or senior operator licenses.
6. Who will be required or asked to
respond: Facility licensees who are
tasked with certifying that the
applicants and renewal operators are
qualified to be licensed as reactor
operators and senior reactor operators.
7. The estimated number of annual
responses: 1,074.
8. The estimated number of annual
respondents: 1,074.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 5,711
10. Abstract: NRC Form 398 is used to
transmit detailed information required
to be submitted to the NRC by a facility
licensee on each applicant applying for
new and upgraded licenses or license
renewals to operate the controls at a
nuclear reactor facility. This
information is used to determine that
each applicant or renewal operator
seeking a license or renewal of a license
is qualified to be issued a license and
that the licensed operator would not be
expected to cause operational errors and
endanger public health and safety.
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III. Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated at Rockville, Maryland, this 4th day
of October 2018.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2018–21993 Filed 10–9–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446; NRC–
2018–0205]
Vistra Operations Company LLC;
Comanche Peak Nuclear Power Plant,
Unit Nos. 1 and 2
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of amendments to Facility
Operating License Nos. NPF–87 and
NPF–89, issued to Vistra Operations
Company LLC (Vistra OpCo, the
licensee), for operation of the Comanche
Peak Nuclear Power Plant (CPNPP),
Unit Nos. 1 and 2. The proposed exigent
amendments would revise CPNPP
Technical Specification (TS) 3.8.4, ‘‘DC
[Direct Current] Sources—Operating,’’
by adding a new REQUIRED ACTION to
CONDITION B and an extended
COMPLETION TIME (CT), on a onetime basis, to repair two affected battery
cells on the CPNPP Unit No. 1, Train B
safety-related batteries. Specifically, the
amendments would change the TS CT
for each of the Unit No. 1, Train B
safety-related batteries (BT1ED2 and
BT1ED4) during Unit 1, Cycle 20, from
2 hours to 18 hours.
DATES: Submit comments by October 24,
2018. Requests for a hearing or petition
SUMMARY:
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50971
for leave to intervene must be filed by
December 10, 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–2018–0205. Address
questions about Docket IDs in
regulations.gov 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–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Margaret O’Banion, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1233, email: Margaret.O’Banion@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0205 or Docket Nos. 50–445 and 50–446
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–2018–0205.
• 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
‘‘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 license amendment request
dated September 5, 2018, as
supplemented by letters dated
September 20 and October 3, 2018 are
available in ADAMS under Accession
Nos. ML18250A186, ML18267A059,
and ML18277A207, respectively.
• NRC’s PDR: You may examine and
purchase copies of public documents at
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the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
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B. Submitting Comments
Please include Docket ID NRC–2018–
0205 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. Introduction
The NRC is considering issuance of
amendments to Facility Operating
License Nos. NPF–87 and NPF–89,
issued to Vistra OpCo, for operation of
the CPNPP Unit Nos. 1 and 2, located
in Somervell County, Texas.
The proposed exigent amendments
would revise CPNPP TS 3.8.4, ‘‘DC
Sources—Operating,’’ by adding a new
REQUIRED ACTION to CONDITION B
and an extended CT, on a one-time
basis, to repair two affected battery cells
on the CPNPP Unit No. 1, Train B
safety-related batteries. Specifically, the
amendments would change the TS CT
for each of the Unit No. 1, Train B
safety-related batteries (BT1ED2 and
BT1ED4) during Unit No. 1, Cycle 20,
from 2 hours to 18 hours. The new
REQUIRED ACTION B.2 would provide
up to an 18 hour CT to replace cell 27
in battery BT1ED2 and up to an 18 hour
CT to replace cell 41 in battery BT1ED4
(not at the same time). In addition, the
amendments would place operational
limits on Unit Nos. 1 and 2 during the
extended CT as protective measures, as
described in Attachment 2 of the letter
dated September 20, 2018.
This notice is being reissued in its
entirety due to the revised scope of the
license amendment request resulting
from the supplements dated September
20 and October 3, 2018.
On November 8, 2017, the licensee
experienced cell jar cracking on cell 41
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in battery BT1ED4. On July 2, 2018, the
licensee experienced cell jar cracking on
cell 27 in battery BT1ED2. Both affected
battery cells have been jumpered out to
restore operability of Unit No. 1, Train
B batteries BT1ED4 and BT1ED2. The
licensee stated that by replacing the
affected battery cells, the licensee would
regain margin on its safety-related
batteries.
In accordance with the requirements
of paragraph 50.91(a)(6) of title 10 of the
Code of Federal Regulations (10 CFR),
the licensee requested approval of the
amendments under exigent
circumstances. The licensee stated that
exigent approval was needed to avoid a
potential shutdown in the event of an
unanticipated second battery cell failure
on either of the CPNPP Unit No. 1, Train
B batteries. In addition, the licensee
stated that it had made a good faith
effort to submit the license amendment
request in a timely manner following
the failure of one of the affected battery
cells in July 2018. The NRC staff
determined that if a second battery cell
were to fail on either of the CPNPP Unit
No. 1, Train B batteries, the licensee
would be unable to restore the affected
battery(ies) to OPERABLE status within
2 hours and would be required to
shutdown. In addition, the NRC staff
determined that if the licensee
requested license amendments under
emergency circumstances per 10 CFR
50.91(a)(5) to extend the CT during the
2-hour CT, the staff would not have
enough time to process the emergency
amendments within the 2-hour CT and
the licensee would be required to
shutdown. As a result, the NRC staff
finds that exigent circumstances exist.
Before any issuance of the proposed
license amendments, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
Pursuant to 10 CFR 50.91(a)(6), for
amendments to be granted under
exigent circumstances, the NRC has
made a proposed determination that the
license amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in 10 CFR 50.92,
this means that operation of the facility
in accordance with the proposed
amendments 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. As required by 10 CFR
50.91(a), the licensee has provided a
revised analysis of the issue of no
significant hazards consideration in
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letter dated October 3, 2018, which is
presented below:
1. Do the proposed changes involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed changes add provisions to
increase the COMPLETION TIME (CT) from
two hours to eighteen hours, on a one-time
basis for Comanche Peak Nuclear Power
Plant Class 1E Batteries BT1ED2 and
BT1ED4. This one-time increase will only be
used once per battery during Unit 1 Cycle 20
(not at the same time). An additional
REQUIRED ACTION, new Note, and
associated COMPLETION TIME is specified
when batteries BT1ED2 and BT1ED4,
associated with the plant Class 1 E Direct
Current (DC) electrical power subsystem, are
declared inoperable to replace a jumpered
cell. Regulatory Commitment 5644411
includes conditions (preventive measures)
for Unit 1 and Unit 2 to reduce site risk for
the planned replacement of cell 27 in battery
BT1ED2 and cell 41 in battery BT1ED4. The
proposed changes do not physically alter any
plant structures, systems, or components,
and are not accident initiators: Therefore,
there is no effect on the probability of
accidents previously evaluated. As part of the
single failure design feature, loss of any one
DC electrical power subsystem does not
prevent the minimum safety function from
being performed. Also, the proposed changes
do not affect the type or amounts of
radionuclides release following an accident,
or affect the initiation and duration of their
release. Therefore, the consequences of
accidents previously evaluated, which rely
on the safety related Class 1E battery to
mitigate, are not significantly increased.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Do the proposed changes create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed changes do not involve a
change in design, configuration, or method of
operation of the plant. The proposed changes
will not alter the manner in which
equipment is operated, nor will the
functional demands on credited equipment
be changed. The proposed changes do not
impact the interaction of any systems whose
failure or malfunction can initiate an
accident.
There are no identified redundant
components affected by these changes and
thus there are no new common cause failures
or any existing common cause failures that
are affected by extending the CT. The
proposed changes do not create any new
failure modes.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
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The proposed changes are based upon a
deterministic evaluation. This evaluation is
supplemented by risk information.
The deterministic evaluation concluded
with one inoperable battery associated with
the Class 1E DC electrical power subsystem,
the redundant OPERABLE Class 1E DC
electrical power subsystems will be able to
perform the safety function as described in
the accident analysis.
Supplemental risk information supporting
this license amendment request concluded
that the additional REQUIRED ACTION, new
Note, associated COMPLETION TIME have a
negligible impact on overall plant risk and is
consistent with the NRC Safety Goal Policy
statement and the thresholds in Regulatory
Guide (RG) 1.174, ‘‘An Approach for Using
Probabilistic Risk Assessment in RiskInformed Decisions on Plant-Specific
Changes to the Licensing Basis,’’ and RG
1.177, ‘‘An Approach for Plant-Specific, RiskInformed Decisionmaking: Technical
Specifications.’’
The deterministic evaluation,
supplemental risk information, and
Regulatory Commitment 5644411 (conditions
for Unit 1 and Unit 2) provide assurance that
the plant Class 1E DC electrical power
subsystem will be able to perform its design
function with a longer COMPLETION TIME
for inoperable batteries BT1ED2 and BT1ED4
during Unit 1 Cycle 20, and risk is not
significantly impacted by the change.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves a no
significant hazards consideration. In
accordance with 10 CFR 50.91(a)(6),
where the Commission finds that
exigent circumstances exist, in that a
licensee and the Commission must act
quickly and that time does not permit
the Commission to publish a Federal
Register notice allowing 30 days for
prior public comment, and it also
determines that the amendment
involves no significant hazards
considerations, it will issue a Federal
Register notice providing notice of an
opportunity for hearing and allowing at
least two weeks from the date of the
notice for prior public comment.
Therefore, in accordance with 10 CFR
50.91(a)(6)(i)(A), the NRC staff is
providing a 14-day notice period for
public comment.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. Any
comments received within 14 days after
the date of publication of this notice
will be considered in making any final
determination.
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Normally, the Commission will not
issue the amendments until the
expiration of the 14-day notice period.
However, if circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in shutdown of the
facility, the Commission may issue the
license amendments before the
expiration of the 14-day notice period,
provided that its final determination is
that the amendment involves no
significant hazards consideration. The
final determination will consider all
public and State comments received. If
the Commission takes this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s 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
consist of a specific statement of the
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50973
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
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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.
IV. 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
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77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
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
that they wish to participate in the
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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
as described above, click cancel when
E:\FR\FM\10OCN1.SGM
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
For further details with respect to this
action, see the application for license
amendment dated September 5, 2018, as
supplemented by letters dated
September 20, and October 3, 2018.
Attorney for licensee: Timothy P.
Matthews, Esq., Morgan, Lewis and
Bockius, 1111 Pennsylvania Avenue
NW, Washington, DC 20004.
NRC Branch Chief: Robert J.
Pascarelli.
Dated at Rockville, Maryland, on October
4, 2018.
For the Nuclear Regulatory Commission.
Margaret W. O’Banion,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2018–22016 Filed 10–9–18; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Reinstatement
of a Previously Approved Information
Collection Without Change, Standard
Form 2812, 2812–A, and OPM Form
1523
Office of Personnel
Management.
ACTION: 30-Day Notice and request for
Reinstatement.
AGENCY:
The Office of Personnel
Management (OPM) offers the general
public and other federal agencies the
opportunity to comment on a revised
information collection request (ICR) for
Standard Form 2812, 2812–A and OPM
Form 1523. The information collection
was previously published in the Federal
Register on February 21, 2018 at
Volume # 83 FR 7504 allowing for a 60-
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
21:20 Oct 09, 2018
Jkt 247001
day public comment period. No
comments were received for this
information collection. The purpose of
this notice is to allow an additional 30
days for public comments.
DATES: Comments are encouraged and
will be accepted until November 9,
2018.
Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
Management or sent via electronic mail
to oira_submission@omb.eop.gov or
faxed to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the U.S. Office of
Personnel Management, Chief Financial
Office, Financial Services, 1900 E Street
NW, Room 5478, Washington, DC
20415, Attention: Antoinette
Cunningham, or sent by email to
Antoinette.Cunningham@opm.gov.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995, (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is
providing an additional 30 days for
public comments. OPM previously
solicited comments for this collection,
with a 60-day public comment period,
at 83 FR 7504 (February 21, 2018). No
comments were received. The Middle
Class Tax Relief and Job Creation Act of
2012 (Pub. L. 112–96, Section 5001),
made two significant changes to the
Federal Employees’ Retirement System
(FERS). First, beginning in 2013, new
employees (as designated in the statute)
will have to pay significantly higher
employee contributions, an increase of
2.3 percent of salary. Second, new
Members of Congress and Congressional
employees, in addition to paying higher
retirement contributions, will accrue
retirement benefits at the same rate as
regular employees. New employees
affected by this law will be classified in
a new retirement category; the Federal
Employees’ Retirement System—
Revised Annuity Employees (FERS–
RAE). The current Standard Form 2812,
Standard Form 2812–A, and OPM Form
1523, have been changed to reflect this
additional category.
Reinstatement will allow continued
use of the collection and an additional
180 days to complete the full Paperwork
Reduction Act approval process. The
Office of Personnel Management is
ADDRESSES:
PO 00000
Frm 00092
Fmt 4703
Sfmt 9990
50975
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Trust Fund Management of
the Office of the Chief Financial Officer,
Office of Personnel Management.
Title: (1) Report of Withholdings and
Contributions for Health Benefits, Life
Insurance and Retirement (Standard
Form 2812); (2) Report of Withholdings
and Contributions for Health Benefits by
Enrollment Code (Standard Form 2812–
A); (3) Supplemental Semiannual
Headcount Report (OPM Form 1523).
OMB Number: 3206–0262.
Frequency: Semiannually for OPM
Form 1523 and once-per-pay-period for
Standard Form 2812 and Standard Form
2812–A.
Affected Public: Public Entities with
Federal Employees and Retirees.
Number of Respondents: 100.
Estimated Time per Respondent: 30
Minutes.
Total Burden Hours: 2,700.
U.S. Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
[FR Doc. 2018–21918 Filed 10–9–18; 8:45 am]
BILLING CODE 6325–23–P
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Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50971-50975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22016]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445 and 50-446; NRC-2018-0205]
Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant,
Unit Nos. 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of amendments to Facility Operating License Nos. NPF-87 and
NPF-89, issued to Vistra Operations Company LLC (Vistra OpCo, the
licensee), for operation of the Comanche Peak Nuclear Power Plant
(CPNPP), Unit Nos. 1 and 2. The proposed exigent amendments would
revise CPNPP Technical Specification (TS) 3.8.4, ``DC [Direct Current]
Sources--Operating,'' by adding a new REQUIRED ACTION to CONDITION B
and an extended COMPLETION TIME (CT), on a one-time basis, to repair
two affected battery cells on the CPNPP Unit No. 1, Train B safety-
related batteries. Specifically, the amendments would change the TS CT
for each of the Unit No. 1, Train B safety-related batteries (BT1ED2
and BT1ED4) during Unit 1, Cycle 20, from 2 hours to 18 hours.
DATES: Submit comments by October 24, 2018. Requests for a hearing or
petition for leave to intervene must be filed by December 10, 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-2018-0205. Address
questions about Docket IDs in regulations.gov 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-A60M, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Margaret O'Banion, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1233, email: Margaret.O'[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0205 or Docket Nos. 50-445 and
50-446 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-2018-0205.
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 ``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 license amendment request dated
September 5, 2018, as supplemented by letters dated September 20 and
October 3, 2018 are available in ADAMS under Accession Nos.
ML18250A186, ML18267A059, and ML18277A207, respectively.
NRC's PDR: You may examine and purchase copies of public
documents at
[[Page 50972]]
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-2018-0205 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. Introduction
The NRC is considering issuance of amendments to Facility Operating
License Nos. NPF-87 and NPF-89, issued to Vistra OpCo, for operation of
the CPNPP Unit Nos. 1 and 2, located in Somervell County, Texas.
The proposed exigent amendments would revise CPNPP TS 3.8.4, ``DC
Sources--Operating,'' by adding a new REQUIRED ACTION to CONDITION B
and an extended CT, on a one-time basis, to repair two affected battery
cells on the CPNPP Unit No. 1, Train B safety-related batteries.
Specifically, the amendments would change the TS CT for each of the
Unit No. 1, Train B safety-related batteries (BT1ED2 and BT1ED4) during
Unit No. 1, Cycle 20, from 2 hours to 18 hours. The new REQUIRED ACTION
B.2 would provide up to an 18 hour CT to replace cell 27 in battery
BT1ED2 and up to an 18 hour CT to replace cell 41 in battery BT1ED4
(not at the same time). In addition, the amendments would place
operational limits on Unit Nos. 1 and 2 during the extended CT as
protective measures, as described in Attachment 2 of the letter dated
September 20, 2018.
This notice is being reissued in its entirety due to the revised
scope of the license amendment request resulting from the supplements
dated September 20 and October 3, 2018.
On November 8, 2017, the licensee experienced cell jar cracking on
cell 41 in battery BT1ED4. On July 2, 2018, the licensee experienced
cell jar cracking on cell 27 in battery BT1ED2. Both affected battery
cells have been jumpered out to restore operability of Unit No. 1,
Train B batteries BT1ED4 and BT1ED2. The licensee stated that by
replacing the affected battery cells, the licensee would regain margin
on its safety-related batteries.
In accordance with the requirements of paragraph 50.91(a)(6) of
title 10 of the Code of Federal Regulations (10 CFR), the licensee
requested approval of the amendments under exigent circumstances. The
licensee stated that exigent approval was needed to avoid a potential
shutdown in the event of an unanticipated second battery cell failure
on either of the CPNPP Unit No. 1, Train B batteries. In addition, the
licensee stated that it had made a good faith effort to submit the
license amendment request in a timely manner following the failure of
one of the affected battery cells in July 2018. The NRC staff
determined that if a second battery cell were to fail on either of the
CPNPP Unit No. 1, Train B batteries, the licensee would be unable to
restore the affected battery(ies) to OPERABLE status within 2 hours and
would be required to shutdown. In addition, the NRC staff determined
that if the licensee requested license amendments under emergency
circumstances per 10 CFR 50.91(a)(5) to extend the CT during the 2-hour
CT, the staff would not have enough time to process the emergency
amendments within the 2-hour CT and the licensee would be required to
shutdown. As a result, the NRC staff finds that exigent circumstances
exist.
Before any issuance of the proposed license amendments, the NRC
will need to make the findings required by the Atomic Energy Act of
1954, as amended (the Act), and NRC's regulations.
Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under
exigent circumstances, the NRC has made a proposed determination that
the license amendment request involves no significant hazards
consideration. Under the NRC's regulations in 10 CFR 50.92, this means
that operation of the facility in accordance with the proposed
amendments 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. As required by 10 CFR 50.91(a), the licensee has
provided a revised analysis of the issue of no significant hazards
consideration in letter dated October 3, 2018, which is presented
below:
1. Do the proposed changes involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes add provisions to increase the COMPLETION
TIME (CT) from two hours to eighteen hours, on a one-time basis for
Comanche Peak Nuclear Power Plant Class 1E Batteries BT1ED2 and
BT1ED4. This one-time increase will only be used once per battery
during Unit 1 Cycle 20 (not at the same time). An additional
REQUIRED ACTION, new Note, and associated COMPLETION TIME is
specified when batteries BT1ED2 and BT1ED4, associated with the
plant Class 1 E Direct Current (DC) electrical power subsystem, are
declared inoperable to replace a jumpered cell. Regulatory
Commitment 5644411 includes conditions (preventive measures) for
Unit 1 and Unit 2 to reduce site risk for the planned replacement of
cell 27 in battery BT1ED2 and cell 41 in battery BT1ED4. The
proposed changes do not physically alter any plant structures,
systems, or components, and are not accident initiators: Therefore,
there is no effect on the probability of accidents previously
evaluated. As part of the single failure design feature, loss of any
one DC electrical power subsystem does not prevent the minimum
safety function from being performed. Also, the proposed changes do
not affect the type or amounts of radionuclides release following an
accident, or affect the initiation and duration of their release.
Therefore, the consequences of accidents previously evaluated, which
rely on the safety related Class 1E battery to mitigate, are not
significantly increased.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Do the proposed changes create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed changes do not involve a change in design,
configuration, or method of operation of the plant. The proposed
changes will not alter the manner in which equipment is operated,
nor will the functional demands on credited equipment be changed.
The proposed changes do not impact the interaction of any systems
whose failure or malfunction can initiate an accident.
There are no identified redundant components affected by these
changes and thus there are no new common cause failures or any
existing common cause failures that are affected by extending the
CT. The proposed changes do not create any new failure modes.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
[[Page 50973]]
The proposed changes are based upon a deterministic evaluation.
This evaluation is supplemented by risk information.
The deterministic evaluation concluded with one inoperable
battery associated with the Class 1E DC electrical power subsystem,
the redundant OPERABLE Class 1E DC electrical power subsystems will
be able to perform the safety function as described in the accident
analysis.
Supplemental risk information supporting this license amendment
request concluded that the additional REQUIRED ACTION, new Note,
associated COMPLETION TIME have a negligible impact on overall plant
risk and is consistent with the NRC Safety Goal Policy statement and
the thresholds in Regulatory Guide (RG) 1.174, ``An Approach for
Using Probabilistic Risk Assessment in Risk-Informed Decisions on
Plant-Specific Changes to the Licensing Basis,'' and RG 1.177, ``An
Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical
Specifications.''
The deterministic evaluation, supplemental risk information, and
Regulatory Commitment 5644411 (conditions for Unit 1 and Unit 2)
provide assurance that the plant Class 1E DC electrical power
subsystem will be able to perform its design function with a longer
COMPLETION TIME for inoperable batteries BT1ED2 and BT1ED4 during
Unit 1 Cycle 20, and risk is not significantly impacted by the
change.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a no significant hazards
consideration. In accordance with 10 CFR 50.91(a)(6), where the
Commission finds that exigent circumstances exist, in that a licensee
and the Commission must act quickly and that time does not permit the
Commission to publish a Federal Register notice allowing 30 days for
prior public comment, and it also determines that the amendment
involves no significant hazards considerations, it will issue a Federal
Register notice providing notice of an opportunity for hearing and
allowing at least two weeks from the date of the notice for prior
public comment. Therefore, in accordance with 10 CFR 50.91(a)(6)(i)(A),
the NRC staff is providing a 14-day notice period for public comment.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendments until the
expiration of the 14-day notice period. However, if circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in shutdown of the facility, the
Commission may issue the license amendments before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received. If
the Commission takes this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's 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 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
[[Page 50974]]
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.
IV. 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 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
[[Page 50975]]
the link requests certificates and you will be automatically directed
to the NRC's electronic hearing dockets where you will be able to
access any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated September 5, 2018, as
supplemented by letters dated September 20, and October 3, 2018.
Attorney for licensee: Timothy P. Matthews, Esq., Morgan, Lewis and
Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
NRC Branch Chief: Robert J. Pascarelli.
Dated at Rockville, Maryland, on October 4, 2018.
For the Nuclear Regulatory Commission.
Margaret W. O'Banion,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-22016 Filed 10-9-18; 8:45 am]
BILLING CODE 7590-01-P