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, 62609-62617 [2018-25452]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
of employers maintaining or
contributing to multiemployer plans);
three members shall be representatives
appointed from the general public (one
of whom shall be a person representing
those receiving benefits from a pension
plan); and there shall be one
representative each from the fields of
insurance, corporate trust, actuarial
counseling, investment counseling,
investment management, and
accounting.
The Advisory Council will report to
the Secretary of Labor. It will function
solely as an advisory body and in
compliance with the provisions of the
Federal Advisory Committee Act, and
its charter will be filed under the Act.
For further information, contact Larry I.
Good, Executive Secretary, Advisory
Council on Employee Welfare and
Pension Benefit Plans, U.S. Department
of Labor, 200 Constitution Avenue NW,
Washington, DC 20210, telephone (202)
693–8668.
Signed at Washington, DC this 27th day of
November, 2018.
Preston Rutledge,
Assistant Secretary, Employee Benefits
Security Administration.
[FR Doc. 2018–26261 Filed 12–3–18; 8:45 am]
BILLING CODE 4510–29–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0001]
Sunshine Act Meetings
Weeks of December 3,
10, 17, 24, 31, 2018, January 7, 2019.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Week of December 3, 2018
Monday, December 3, 2018
10:00 a.m. Briefing on Equal
Employment Opportunity,
Affirmative Employment, and Small
Business (Public); (Contact:
Larniece McKoy Moore: 301–415–
1942)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
Thursday, December 6, 2018
10:00 a.m. Meeting with Advisory
Committee on Reactor Safeguards
(Public); (Contact: Mark Banks:
301–415–3718)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
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Week of December 10, 2018—Tentative
There are no meetings scheduled for
the week of December 10, 2018.
Week of December 17, 2018—Tentative
There are no meetings scheduled for
the week of December 17, 2018.
Week of December 24, 2018—Tentative
There are no meetings scheduled for
the week of December 24, 2018.
Week of December 31, 2018—Tentative
There are no meetings scheduled for
the week of December 31, 2018.
Week of January 7, 2019—Tentative
There are no meetings scheduled for
the week of January 7, 2019.
CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov. The
schedule for Commission meetings is
subject to change on short notice.
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify
Kimberly Meyer-Chambers, NRC
Disability Program Manager, at 301–
287–0739, by videophone at 240–428–
3217, or by email at Kimberly.MeyerChambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or by email at
Wendy.Moore@nrc.gov or
Diane.Garvin@nrc.gov.
Dated at Rockville, Maryland, this 30th day
of November 2018.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2018–26454 Filed 11–30–18; 4:15 pm]
BILLING CODE 7590–01–P
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62609
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0267]
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 four
amendment requests. The amendment
requests are for North Anna Power
Station, Unit Nos. 1 and 2; Shearon
Harris Nuclear Power Plant, Unit 1; H.
B. Robinson Steam Electric Plant Unit
No. 2; and Virgil C. Summer Nuclear
Station, Unit No. 1. For each
amendment request, the NRC proposes
to determine that they involve no
significant hazards consideration.
Because each amendment request
contains sensitive unclassified nonsafeguards information (SUNSI) an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
SUMMARY:
Comments must be filed by
January 3, 2019. A request for a hearing
must be filed by February 4, 2019. Any
potential party as defined in section 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 December 14, 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–2018–0267. 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.
DATES:
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
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:
Lynn Ronewicz, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1927, email: Lynn.Ronewicz@nrc.gov.
SUPPLEMENTARY 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.
I. Obtaining Information and
Submitting Comments
II. Background
Pursuant to Section 189a.(2) of the
Atomic Energy Act of 1954, as amended
(the Act), the NRC is publishing this
notice. The Act requires the
Commission to publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license or combined
license, as applicable, upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This notice includes notices of
amendments containing SUNSI.
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0267, 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–2018–0267.
• 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 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–
0267, 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.
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III. Notice of Consideration of Issuance
of Amendments to Facility Operating
Licenses and Combined Licenses,
Proposed No Significant Hazards
Consideration Determination, and
Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated, or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated, or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
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Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period if circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
If the Commission takes action prior to
the expiration of either the comment
period or the notice period, it will
publish a notice of issuance in the
Federal Register. If the Commission
makes a final no significant hazards
consideration determination, any
hearing will take place after issuance.
The Commission expects that the need
to take this action will occur very
infrequently.
A. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s 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
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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
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after issuance of the amendment. If the
final determination is that the
amendment request involves a
significant hazards consideration, then
any hearing held would take place
before the issuance of the amendment
unless the Commission finds an
imminent danger to the health or safety
of the public, in which case it will issue
an appropriate order or rule under 10
CFR part 2.
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission no later than 60 days from
the date of publication of this notice.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section, except that under
10 CFR 2.309(h)(2) a State, local
governmental body, or Federallyrecognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federallyrecognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at the discretion of the
presiding officer, be permitted to make
a limited appearance pursuant to the
provisions of 10 CFR 2.315(a). A person
making a limited appearance may make
an oral or written statement of his or her
position on the issues but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to the
limits and conditions as may be
imposed by the presiding officer. Details
regarding the opportunity to make a
limited appearance will be provided by
the presiding officer if such sessions are
scheduled.
B. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
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62611
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
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
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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/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
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pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click cancel when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
South Carolina Electric & Gas Company,
South Carolina Public Service
Authority, Docket No. 50–395, Virgil C.
Summer Nuclear Station, Unit No. 1,
Fairfield County, South Carolina
Date of amendment request: August
29, 2018. A publicly-available version is
in ADAMS under Accession No.
ML18242A658.
Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendment
would revise license conditions and
approve changes to plant modifications
evaluated using fire probabilistic risk
assessment methods and approaches
that have been accepted previously in
Amendment No. 199 or that have been
accepted for another nuclear power
plant station and approve performancebased alternatives for Chapter 3,
National Fire Protection Association
(NFPA) 805 (10 CFR 50.48(c)(2)(vii)),
specifically, NFPA 805, Section 3.3.4,
‘‘Insulation Materials,’’ and NFPA 805,
Section 3.3.5.1, ‘‘Wiring above
Suspended Ceilings.’’
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
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The purpose of this amendment is to
provide updated information associated with
the modifications that were described and
committed to in the VCSNS [Virgil C.
Summer Nuclear Station] License
Amendment Request and subsequently
approved by the NRC. This amendment also
provides updated information related to
Nuclear Safety Compliance Strategies
(including recovery actions). The NRC
considers that NFPA 805 provides an
acceptable methodology and performance
criteria for licensees to identify fire
protection requirements that are an
acceptable alternative to the 10 CFR part 50,
Appendix R, fire protection features (69 FR
33536; June 16, 2004).
Operation of VCSNS in accordance with
the proposed amendment does not result in
a significant increase in the probability or
consequences of accidents previously
evaluated. The proposed amendment does
not affect accident initiators or precursors as
described in the VCSNS Safety Analysis
Report (SAR), nor does it adversely alter
design assumptions, conditions, or
configurations of the facility, and it does not
adversely impact the ability of structures,
systems, or components (SSCs) to perform
their intended function to mitigate the
consequences of accidents described and
evaluated in the SAR. The proposed
amendment does not adversely alter safetyrelated systems nor affect the way in which
safety-related systems perform their
functions as required by the accident
analysis. The SSCs required to safely shut
down the reactor and to maintain it in a safe
shutdown condition will remain capable of
performing the associated design functions.
Therefore, this change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
Implementation of the new risk-informed,
performance-based fire protection licensing
basis, with the revised modifications and
Nuclear Safety Compliance Strategies
complies with the requirements in 10 CFR
50.48(a) and 10 CFR 50.48(c), as well as the
guidance contained in RG [Regulatory Guide]
1.205, and does not result in new or different
kinds of accidents. The requirements in
NFPA 805 address only fire protection and
the impacts of fire effects on the plant have
been evaluated. The proposed amendment
does not involve new failure mechanisms or
malfunctions that could initiate a new or
different kind of accident beyond those
already analyzed in the SAR.
Therefore, this change does not create the
possibility of a new or different kind of
accident from an accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The proposed amendment has been
evaluated to ensure that risk and safety
margins are maintained within acceptable
limits. The risk evaluations for plant changes
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in relation to the potential for reducing a
safety margin, were measured quantitatively
for acceptability using the delta risk (i.e.,
change in core damage frequency and change
in large early release frequency) criteria from
Section 5.3.5, ‘‘Acceptance Criteria,’’ of
Nuclear Energy Institute 04–02, ‘‘Guidance
for Implementing a Risk-Informed,
Performance-based Fire Protection Program
under 10 CFR 50.48(c),’’ as well as the
guidance contained in RG 1.205. Engineering
analyses, which may include engineering
evaluations, probabilistic safety assessments,
and fire modeling calculations, have been
performed to demonstrate that the
performance-based methods of NFPA 805 do
not result in a significant reduction in the
margin of safety.
Therefore, this change does not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Kathryn M.
Sutton, Morgan, Lewis & Bockius LLP,
1111 Pennsylvania Avenue NW,
Washington, DC 20004.
NRC Branch Chief: Michael T.
Markley.
Duke Energy Progress, LLC, Docket No.
50–400, Shearon Harris Nuclear Power
Plant, Unit 1 (Shearon Harris or HNP),
Wake and Chatham Counties, North
Carolina
Duke Energy Progress, LLC, Docket No.
50–261, H. B. Robinson Steam Electric
Plant Unit No. 2 (Robinson or RNP),
Darlington County, South Carolina
Date of amendment request: October
19, 2017, as supplemented by letters
dated June 5, 2018; October 15, 2018;
and November 6, 2018. Publiclyavailable versions are in ADAMS under
Accession Nos. ML17292A040,
ML18156A209, ML18288A276, and
ML18310A131, respectively.
Description of amendment request:
The supplement dated June 5, 2018,
contains sensitive unclassified nonsafeguards information (SUNSI). The
NRC staff previously made a proposed
determination that the license
amendment request dated October 19,
2017, involves no significant hazards
consideration (83 FR 166; January 2,
2018). Subsequently, by letter dated
November 6, 2018, the licensee
provided additional information that
expanded the scope of the amendment
request as originally noticed.
Accordingly, this notice supersedes the
previous notice in its entirety. The
proposed amendment request consists
of five changes that would revise the
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Jkt 247001
Technical Specifications (TSs) to
support the allowance of Duke Energy to
self-perform core reload design and
safety analyses. These changes would
(1) add the NRC-approved COPERNIC
Topical Report (TR) to the list of TRs for
Shearon Harris and Robinson and revise
the peak fuel centerline temperature
equation in Robinson TS 2.1.1.2 and
Shearon Harris TS 2.1.1.b to be the
equation used by COPERNIC; (2)
relocate several TS parameters to the
Core Operating Limits Reports for
Shearon Harris and Robinson; (3) revise
the Robinson TS moderator temperature
coefficient maximum upper limit, (4)
revise the Sharon Harris TS definition of
shutdown margin consistent with
Technical Specifications Task Force
(TSTF) Traveler TSTF–248, Revision 0
(ADAMS Accession No. ML040611010),
‘‘Revise Shutdown Margin Definition for
Stuck Rod Exception’’; and (5) revise the
Robinson and Shearon Harris power
distribution limits limiting condition for
operation actions and surveillance
requirements, as well as the Robinson
Reactor Protection System
Instrumentation Table 3.3.1–1 to allow
operation of a reactor core designed
using the DPC–NE–2011–P
[proprietary], ‘‘Nuclear Design
Methodology Report for Core Operating
Limits of Westinghouse Reactors,’’
methodology. (A redacted version,
designated as DPC–NE–2011, is
publicly-available under ADAMS
Accession No. ML16125A420.)
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
COPERNIC
The proposed change adds a topical report
for an NRC-reviewed and approved fuel
performance code to the list of topical reports
in RNP and HNP Technical Specifications
(TS), which is administrative in nature and
has no impact on a plant configuration or
system performance relied upon to mitigate
the consequences of an accident. The list of
topical reports in the TS used to develop the
core operating limits does not impact either
the initiation of an accident or the mitigation
of its consequences.
The proposed change also revises a limit
on peak fuel centerline temperature in the
RNP and HNP TS that is based on a NRC
reviewed and approved fuel performance
code, and does not require a physical change
to plant systems, structures, or components.
Plant operations and analysis will continue
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Sfmt 4703
62613
to be in accordance with the licensing basis.
The peak fuel centerline temperature limit
provides protection to the fuel and is
consistent with the safety analysis.
Relocate TS Parameters to the COLR
The proposed change relocates certain
cycle-specific core operating limits from the
RNP and HNP TS to the Core Operating
Limits Report (COLR). The cycle-specific
values must be calculated using the NRC
approved methodologies listed in the COLR
section of the TS. Because the parameter
limits are determined using the NRC
methodologies, they will continue to be
within the limit assumed in the accident
analysis. As a result, neither the probability
nor the consequences of any accident
previously evaluated will be affected.
RNP MTC TS Change
The proposed change revises the RNP
Technical Specification maximum upper
Moderator Temperature Coefficient (MTC)
limit. Revision of the MTC limit does not
affect the performance of any equipment
used to mitigate the consequences of an
analyzed accident. There is no impact on the
source term or pathways assumed in
accidents previously assumed. No analysis
assumptions are violated and there are no
adverse effects on the factors that contribute
to offsite or onsite dose as the result of an
accident.
HNP TSTF–248
The proposed change revises the HNP
Technical Specification definition of
Shutdown Margin (SDM) consistent with
existing NRC-approved definition. The
proposed revision to the SDM definition will
result in analytical flexibility for determining
SDM. Revision of the SDM definition does
not affect the performance of any equipment
used to mitigate the consequences of an
analyzed accident. There is no impact on the
source term or pathways assumed in
accidents previously assumed. No analysis
assumptions are violated and there are no
adverse effects on the factors that contribute
to offsite or onsite dose as the result of an
accident.
DPC–NE–2011–P TS Changes
The proposed change revises the RNP and
HNP TS to allow operation of a reactor core
designed using the DPC–NE–2011–P
methodology. The DPC–NE–2011–P
methodology has already been approved by
the NRC for use at RNP and HNP. Revision
of the TS to align with the NRC-approved
methodology does not affect the performance
of any equipment used to mitigate the
consequences of an analyzed accident. There
is no impact on the source term or pathways
assumed in accidents previously assumed.
No analysis assumptions are violated and
there are no adverse effects on the factors that
contribute to offsite or onsite dose as the
result of an accident.
Therefore, the proposed changes do not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
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accident from any accident previously
evaluated?
Response: No.
COPERNIC
The proposed change adds a topical report
for an NRC-reviewed and approved fuel
performance code to the list of topical reports
in HNP and RNP TS, which is administrative
in nature and has no impact on a plant
configuration or on system performance. The
proposed change updates the list of NRCapproved topical reports used to develop the
core operating limits. There is no change to
the parameters within which the plant is
normally operated. The possibility of a new
or different kind of accident is not created.
The proposed change also revises a limit
on peak fuel centerline temperature in the
RNP and HNP TS that is based on a NRC
reviewed and approved fuel performance
code, and does not require physical changes
to plant systems, structures, or components.
Specifying peak fuel centerline temperature
ensures that the fuel design limits are met.
Operations and analysis will continue to be
in compliance with NRC regulations.
Revising the peak fuel centerline temperature
limit does not affect any accident initiators
that would create a new accident.
Relocate TS Parameters to the COLR
The proposed change relocates certain
cycle-specific core operating limits from the
RNP and HNP TS to the COLR. No new or
different accidents result from utilizing the
proposed change. The changes do not involve
a physical alteration of the plant (i.e., no new
or different type of equipment will be
installed) or a change in the methods
governing normal plant operation. In
addition, the changes do not impose any new
or different requirements or eliminate any
existing requirements. The changes do not
alter assumptions made in the safety
analyses. The proposed changes are
consistent with the safety analyses
assumptions and current plant operating
practice.
RNP MTC TS Change
The proposed change revises the RNP
Technical Specification maximum upper
MTC limit. The proposed change does not
physically alter the plant; that is, no new or
different type of equipment will be installed.
Therefore the proposed change could also not
initiate an equipment malfunction that
would result in a new or different type of
accident from any previously evaluated. This
change does not create new failure modes or
mechanisms which are not identifiable
during testing, and no new accident
precursors are generated.
HNP TSTF–248
Revising the HNP Technical Specification
definition of SDM would not require revision
to any SDM boron calculations. Rather, it
would afford the analytical flexibility for
determining SDM for a particular
circumstance. The proposed change does not
physically alter the plant; that is, no new or
different type of equipment will be installed.
Therefore the proposed change could also not
initiate an equipment malfunction that
would result in a new or different type of
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17:36 Dec 03, 2018
Jkt 247001
accident from any previously evaluated. This
change does not create new failure modes or
mechanisms which are not identifiable
during testing, and no new accident
precursors are generated.
DPC–NE–2011–P TS Changes
The proposed change revises the RNP and
HNP TS to allow operation of a reactor core
designed using the DPC–NE–2011–P
methodology. The DPC–NE–2011–P
methodology has already been approved by
the NRC for use at RNP and HNP. The
proposed change does not physically alter
the plant, that is, no new or different type of
equipment will be installed. Therefore the
proposed change could also not initiate an
equipment malfunction that would result in
a new or different type of accident from any
previously evaluated. Operating the reactor
in accordance with the NRC-approved
methodology will ensure that the core will
operate within safe limits. This change does
not create new failure modes or mechanisms
which are not identifiable during testing, and
no new accident precursors are generated.
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 change involve a
significant reduction in a margin of safety?
Response: No.
Margin of safety is related to the
confidence in the ability of the fission
product barriers to perform their design
functions during and following an accident.
These barriers include the fuel cladding, the
reactor coolant system, and the containment
system.
COPERNIC
The proposed change adds a topical report
for an NRC-reviewed and approved fuel
performance code to the list of topical reports
in HNP and RNP TS, which is administrative
in nature and does not amend the cycle
specific parameters presently required by the
TS. The individual TS continue to require
operation of the plant within the bounds of
the limits specified in the COLR. The
proposed change to the list of analytical
methods referenced in the COLR does not
impact the margin of safety.
The proposed change also revises a limit
on peak fuel centerline temperature in the
RNP and HNP TS that is based on a NRC
reviewed and approved fuel performance
code, and does not require physical changes
to plant systems, structures, or components.
Plant operations and analysis will continue
to be in accordance with the licensing basis.
Revising the peak fuel centerline temperature
limit defined by the NRC reviewed and
approved fuel performance code will
continue to ensure that applicable design and
safety limits are satisfied such that the fission
product barriers will continue to perform
their design functions and thereby margin of
safety is not reduced.
Relocate TS Parameters to the COLR
The proposed change relocates certain
cycle-specific core operating limits from the
RNP and HNP TS to the COLR. This change
will have no effect on the margin of safety.
The relocated cycle-specific parameters will
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Fmt 4703
Sfmt 4703
continue to be calculated using NRCapproved methodologies and will provide the
same margin of safety as the values currently
located in the TS.
RNP MTC TS Change
The proposed change revises the RNP
Technical Specification maximum upper
MTC limit. The MTC limit change does not
impact the reliability of the fission product
barriers to function.
Radiological dose to plant operators or to
the public will not be impacted as a result
of the proposed change. The current Updated
Final Safety Analysis Report (UFSAR)
Chapter 15 analyses of record remain
bounding with the proposed change to the
maximum upper MTC limit. Therefore, all of
the applicable acceptance criteria continue to
be met for each of the analyses with the
revised maximum upper MTC limit.
HNP TSTF–248
The proposed revision to the HNP
Technical Specification definition of SDM
does not impact the reliability of the fission
product barriers to function. Radiological
dose to plant operators or to the public will
not be impacted as a result of the proposed
change. Adequate SDM will continue to be
ensured for all operational conditions.
DPC–NE–2011–P TS Changes
The proposed change revises the RNP and
HNP TS to allow operation of a reactor core
designed using the DPC–NE–2011–P
methodology. As a portion of the overall
Duke Energy methodology for cycle reload
safety analyses, DPC–NE–2011–P has already
been approved by the NRC for use at RNP
and HNP. The proposed change will continue
to ensure that applicable design and safety
limits are satisfied such that the fission
product barriers will continue to perform
their design functions. Operation of the
reactor in accordance with the DPC–NE–
2011–P methodology will ensure the margin
of safety is not reduced.
Therefore, the proposed changes do not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Kathryn B.
Nolan, Deputy General Counsel, Duke
Energy Corporation, 550 South Tryon
Street, Mail Code DEC45A, Charlotte,
NC 28202.
NRC Branch Chief: Undine Shoop.
Virginia Electric and Power Company,
Docket Nos. 50–338 and 50–339, North
Anna Power Station (North Anna), Units
No. 1 and No. 2, Louisa County, Virginia
Date of amendment request: July 12,
2018. A publicly-available version is in
ADAMS under Package Accession No.
ML18198A133.
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Description of amendment request:
This amendment request contains
sensitive unclassified non-safeguards
information (SUNSI). The amendments
would revise the Technical
Specification (TS) requirements to add
Framatome Topical Report EMF–
2328(P)(A), Revision 0, ‘‘PWR Small
Break [loss-of-coolant accident] LOCA
Evaluation Model, S–RELAP5 Based,’’
as supplemented by the North Annaspecific application report ANP–3467P,
Revision 0, ‘‘North Anna Fuel-Vendor
Independent Small Break LOCA
Analysis Licensing Report,’’ to the list of
methodologies approved for reference in
the Core Operating Limits Report
(COLR) in TS 5.6.5.b at North Anna,
Unit Nos. 1 and 2. Framatome Topical
Report EMF–2328(P)(A), as
supplemented by the North Annaspecific application report, replaces two
existing COLR references for the current
Westinghouse Small Break LOCA
Evaluation Model. The amendments
would also remove one obsolete COLR
reference in TS 5.6.5.b that supported
use of the Advanced Mark-BW (AMBW)
fuel product, since the AMBW fuel
product is not planned to be used in
future North Anna cores.
Basis for proposed no significant
hazards consideration determination:
As required by 10 CFR 50.91(a), the
licensee has provided its analysis of the
issue of no significant hazards
consideration, which is presented
below:
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed change to TS 5.6.5.b permits
the use of an NRC-approved methodology for
analysis of the Small Break Loss of Coolant
Accident (SBLOCA) to determine if North
Anna Power Station (NAPS) Units 1 and 2
continue to meet the applicable design and
safety analysis acceptance criteria. The
proposed change to the list of NRC-approved
methodologies in TS 5.6.5.b has no direct
impact upon plant operation or
configuration. The list of methodologies in
TS 5.6.5.b does not impact either the
initiation of an accident or the mitigation of
its consequences.
The results of the revised SBLOCA
transient analysis and existing pre-transient
oxidation limits demonstrate that NAPS
Units 1 and 2 continue to satisfy the 10 CFR
50.46(b)(1–3) Emergency Core Cooling
System performance acceptance criteria
using an NRC-approved evaluation model.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
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Jkt 247001
Response: No.
The proposed change will not create the
possibility of a new or different accident due
to credible new failure mechanisms,
malfunctions, or accident initiators not
previously considered. There is no change to
the parameters within which the plant is
normally operated, and thus, the possibility
of a new or different type of accident is not
created.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
No design basis or safety limits are
exceeded or altered by this change. Approved
methodologies have been used to ensure that
the plant continues to meet applicable design
criteria and safety analysis acceptance
criteria.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
Attorney for licensee: Lillian M.
Cuoco, Senior Counsel, Dominion
Resources Services, Inc., 120 Tredegar
Street, RS–2, Richmond, VA 23219.
Branch Chief: Undine Shoop.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
South Carolina Electric & Gas Company,
South Carolina Public Service
Authority, Docket No. 50–395, Virgil C.
Summer Nuclear Station, Unit No. 1,
Fairfield County, South Carolina
Duke Energy Progress, LLC, Docket No.
50–400, Shearon Harris Nuclear Power
Plant, Unit 1, Wake and Chatham
Counties, North Carolina
Duke Energy Progress, LLC, Docket No.
50–261, H. B. Robinson Steam Electric
Plant Unit No. 2, Darlington County,
South Carolina
Virginia Electric and Power Company,
Docket Nos. 50–338 and 50–339, North
Anna Power Station, Units No. 1 and
No. 2, Louisa County, Virginia
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
PO 00000
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62615
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 Deputy
General Counsel for Hearings and
Administration, Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. The expedited delivery or courier
mail address for both offices is: U.S.
Nuclear Regulatory Commission, 11555
Rockville Pike, Rockville, Maryland
20852. The email address for the Office
of the Secretary and the Office of the
General Counsel are Hearing.Docket@
nrc.gov and RidsOgcMailCenter.
Resource@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
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.
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after receipt of (or
access to) that information. However, if
more than 25 days remain between the
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
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, on
November 16, 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.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
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
VerDate Sep<11>2014
17:36 Dec 03, 2018
Jkt 247001
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\04DEN1.SGM
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
62617
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/activity
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.
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.
A + 3 ..................
A + 28 ................
A + 53 ................
A + 60 ................
>A + 60 ..............
in the FOR FURTHER INFORMATION
CONTACT section of this document.
[FR Doc. 2018–25452 Filed 12–3–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0134]
Fuel Cycle Safety, Safeguards, and
Environmental Review Interim Staff
Guidance
Nuclear Regulatory
Commission.
ACTION: Interim staff guidance;
withdrawal.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is announcing the
withdrawal of several Interim Staff
Guidance (ISG) documents associated
with fuel cycle facilities. These
documents are being withdrawn
because the guidance contained in the
documents have since been
incorporated into NUREG–1520,
‘‘Standard Review Plan for Fuel Cycle
Facilities License Applications.’’
DATES: The withdrawal of the Fuel
Cycle Safety, Safeguards, and
Environmental Review ISG documents
were issued on December 4, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2018–0134 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0134. Address
questions about NRC dockets in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
SUMMARY:
VerDate Sep<11>2014
17:36 Dec 03, 2018
Jkt 247001
• 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 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. In addition, for the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of 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.
FOR FURTHER INFORMATION CONTACT:
Jennifer Fisher, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1456, email: Jennifer.Fisher@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC is withdrawing select Fuel
Cycle Safety, Safeguards, and
Environmental Review ISG documents
because the content was incorporated in
NUREG–1520, ‘‘Standard Review Plan
for Fuel Cycle Facilities License
Applications’’ (ADAMS Accession No.
ML15176A258). The content in
NUREG–1520 supersedes the original
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
ISG and therefore these documents are
being withdrawn. In some instances, the
ISG was incorporated in its entirety and
at other times only sections that were
still relevant at the date of publish were
included. The following ISG documents
are being withdrawn:
FCSS–ISG–01, ‘‘Qualitative Criteria
for Evaluation of Likelihood’’ (ADAMS
Accession No. ML051520236), was
incorporated in NUREG–1520, Chapter
3, Appendix B, ‘‘Qualitative Criteria for
Evaluation of Likelihood.’’
FCSS–ISG–03, ‘‘Nuclear Criticality
Safety Performance Requirements and
Double Contingency Principle’’
(ADAMS Accession No. ML050690302),
was incorporated in NUREG–1520,
Chapter 5, Appendix A, ‘‘Nuclear
Criticality Performance Requirements
and Double-Contingency Principle.’’
FCSS–ISG–05, ‘‘Additional Reporting
Requirements of 10 CFR 70.74’’
(ADAMS Accession No. ML053630228),
is superseded by NUREG–1520, Chapter
5, Section 5.4.1, ‘‘Nuclear Criticality
Safety; Acceptance Criteria; Regulatory
Requirements.’’
FCSS–ISG–08, ‘‘Natural Phenomena
Hazards’’ (ADAMS Accession No.
ML052650305), was incorporated into
NUREG–1520, Chapter 3, Appendix D,
‘‘Natural Phenomena Hazards.’’
FCSS–ISG–09, ‘‘Initiating Event
Frequencies’’ (ADAMS Accession No.
ML051520323), was incorporated into
NUREG–1520, Chapter 3, Appendix C,
‘‘Initiating Event Frequency.’’
FCSS–ISG–10, ‘‘Justification for
Minimum Margin of Subcriticality for
Safety’’ (ADAMS Accession No.
ML061650370), was incorporated into
NUREG–1520, Chapter 5, Appendix B,
‘‘Justification for Minimum Margin of
Subcriticality for Safety.’’
II. Availability of Documents
E:\FR\FM\04DEN1.SGM
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Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62609-62617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25452]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2018-0267]
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 four amendment requests. The amendment requests
are for North Anna Power Station, Unit Nos. 1 and 2; Shearon Harris
Nuclear Power Plant, Unit 1; H. B. Robinson Steam Electric Plant Unit
No. 2; and Virgil C. Summer Nuclear Station, Unit No. 1. For each
amendment request, the NRC proposes to determine that they involve no
significant hazards consideration. Because each amendment request
contains sensitive unclassified non-safeguards information (SUNSI) an
order imposes procedures to obtain access to SUNSI for contention
preparation.
DATES: Comments must be filed by January 3, 2019. A request for a
hearing must be filed by February 4, 2019. Any potential party as
defined in section 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 December 14, 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-2018-0267. 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.
[[Page 62610]]
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: Lynn Ronewicz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1927, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0267, 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-2018-0267.
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 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-2018-0267, facility name, unit
number(s), plant docket number, application date, and subject in your
comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the NRC is publishing this notice. The Act requires
the Commission to publish notice of any amendments issued, or proposed
to be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This notice includes notices of amendments containing SUNSI.
III. Notice of Consideration of Issuance of Amendments to Facility
Operating Licenses and Combined Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for
example, in derating or shutdown of the facility. If the Commission
takes action prior to the expiration of either the comment period or
the notice period, it will publish a notice of issuance in the Federal
Register. If the Commission makes a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's 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
[[Page 62611]]
specific contentions which the petitioner seeks to have litigated in
the proceeding. Each contention must consist of a specific statement of
the issue of law or fact to be raised or controverted. In addition, the
petitioner must provide a brief explanation of the bases for the
contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally-recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
B. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC 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
[[Page 62612]]
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]">MSHD.[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.
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, South Carolina
Date of amendment request: August 29, 2018. A publicly-available
version is in ADAMS under Accession No. ML18242A658.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise license conditions and approve changes to plant
modifications evaluated using fire probabilistic risk assessment
methods and approaches that have been accepted previously in Amendment
No. 199 or that have been accepted for another nuclear power plant
station and approve performance-based alternatives for Chapter 3,
National Fire Protection Association (NFPA) 805 (10 CFR
50.48(c)(2)(vii)), specifically, NFPA 805, Section 3.3.4, ``Insulation
Materials,'' and NFPA 805, Section 3.3.5.1, ``Wiring above Suspended
Ceilings.''
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The purpose of this amendment is to provide updated information
associated with the modifications that were described and committed
to in the VCSNS [Virgil C. Summer Nuclear Station] License Amendment
Request and subsequently approved by the NRC. This amendment also
provides updated information related to Nuclear Safety Compliance
Strategies (including recovery actions). The NRC considers that NFPA
805 provides an acceptable methodology and performance criteria for
licensees to identify fire protection requirements that are an
acceptable alternative to the 10 CFR part 50, Appendix R, fire
protection features (69 FR 33536; June 16, 2004).
Operation of VCSNS in accordance with the proposed amendment
does not result in a significant increase in the probability or
consequences of accidents previously evaluated. The proposed
amendment does not affect accident initiators or precursors as
described in the VCSNS Safety Analysis Report (SAR), nor does it
adversely alter design assumptions, conditions, or configurations of
the facility, and it does not adversely impact the ability of
structures, systems, or components (SSCs) to perform their intended
function to mitigate the consequences of accidents described and
evaluated in the SAR. The proposed amendment does not adversely
alter safety-related systems nor affect the way in which safety-
related systems perform their functions as required by the accident
analysis. The SSCs required to safely shut down the reactor and to
maintain it in a safe shutdown condition will remain capable of
performing the associated design functions.
Therefore, this change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
Implementation of the new risk-informed, performance-based fire
protection licensing basis, with the revised modifications and
Nuclear Safety Compliance Strategies complies with the requirements
in 10 CFR 50.48(a) and 10 CFR 50.48(c), as well as the guidance
contained in RG [Regulatory Guide] 1.205, and does not result in new
or different kinds of accidents. The requirements in NFPA 805
address only fire protection and the impacts of fire effects on the
plant have been evaluated. The proposed amendment does not involve
new failure mechanisms or malfunctions that could initiate a new or
different kind of accident beyond those already analyzed in the SAR.
Therefore, this change does not create the possibility of a new
or different kind of accident from an accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed amendment has been evaluated to ensure that risk
and safety margins are maintained within acceptable limits. The risk
evaluations for plant changes
[[Page 62613]]
in relation to the potential for reducing a safety margin, were
measured quantitatively for acceptability using the delta risk
(i.e., change in core damage frequency and change in large early
release frequency) criteria from Section 5.3.5, ``Acceptance
Criteria,'' of Nuclear Energy Institute 04-02, ``Guidance for
Implementing a Risk-Informed, Performance-based Fire Protection
Program under 10 CFR 50.48(c),'' as well as the guidance contained
in RG 1.205. Engineering analyses, which may include engineering
evaluations, probabilistic safety assessments, and fire modeling
calculations, have been performed to demonstrate that the
performance-based methods of NFPA 805 do not result in a significant
reduction in the margin of safety.
Therefore, this change does not involve a significant reduction
in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Kathryn M. Sutton, Morgan, Lewis & Bockius
LLP, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
NRC Branch Chief: Michael T. Markley.
Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear
Power Plant, Unit 1 (Shearon Harris or HNP), Wake and Chatham Counties,
North Carolina
Duke Energy Progress, LLC, Docket No. 50-261, H. B. Robinson Steam
Electric Plant Unit No. 2 (Robinson or RNP), Darlington County, South
Carolina
Date of amendment request: October 19, 2017, as supplemented by
letters dated June 5, 2018; October 15, 2018; and November 6, 2018.
Publicly-available versions are in ADAMS under Accession Nos.
ML17292A040, ML18156A209, ML18288A276, and ML18310A131, respectively.
Description of amendment request: The supplement dated June 5,
2018, contains sensitive unclassified non-safeguards information
(SUNSI). The NRC staff previously made a proposed determination that
the license amendment request dated October 19, 2017, involves no
significant hazards consideration (83 FR 166; January 2, 2018).
Subsequently, by letter dated November 6, 2018, the licensee provided
additional information that expanded the scope of the amendment request
as originally noticed. Accordingly, this notice supersedes the previous
notice in its entirety. The proposed amendment request consists of five
changes that would revise the Technical Specifications (TSs) to support
the allowance of Duke Energy to self-perform core reload design and
safety analyses. These changes would (1) add the NRC-approved COPERNIC
Topical Report (TR) to the list of TRs for Shearon Harris and Robinson
and revise the peak fuel centerline temperature equation in Robinson TS
2.1.1.2 and Shearon Harris TS 2.1.1.b to be the equation used by
COPERNIC; (2) relocate several TS parameters to the Core Operating
Limits Reports for Shearon Harris and Robinson; (3) revise the Robinson
TS moderator temperature coefficient maximum upper limit, (4) revise
the Sharon Harris TS definition of shutdown margin consistent with
Technical Specifications Task Force (TSTF) Traveler TSTF-248, Revision
0 (ADAMS Accession No. ML040611010), ``Revise Shutdown Margin
Definition for Stuck Rod Exception''; and (5) revise the Robinson and
Shearon Harris power distribution limits limiting condition for
operation actions and surveillance requirements, as well as the
Robinson Reactor Protection System Instrumentation Table 3.3.1-1 to
allow operation of a reactor core designed using the DPC-NE-2011-P
[proprietary], ``Nuclear Design Methodology Report for Core Operating
Limits of Westinghouse Reactors,'' methodology. (A redacted version,
designated as DPC-NE-2011, is publicly-available under ADAMS Accession
No. ML16125A420.)
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
COPERNIC
The proposed change adds a topical report for an NRC-reviewed
and approved fuel performance code to the list of topical reports in
RNP and HNP Technical Specifications (TS), which is administrative
in nature and has no impact on a plant configuration or system
performance relied upon to mitigate the consequences of an accident.
The list of topical reports in the TS used to develop the core
operating limits does not impact either the initiation of an
accident or the mitigation of its consequences.
The proposed change also revises a limit on peak fuel centerline
temperature in the RNP and HNP TS that is based on a NRC reviewed
and approved fuel performance code, and does not require a physical
change to plant systems, structures, or components. Plant operations
and analysis will continue to be in accordance with the licensing
basis. The peak fuel centerline temperature limit provides
protection to the fuel and is consistent with the safety analysis.
Relocate TS Parameters to the COLR
The proposed change relocates certain cycle-specific core
operating limits from the RNP and HNP TS to the Core Operating
Limits Report (COLR). The cycle-specific values must be calculated
using the NRC approved methodologies listed in the COLR section of
the TS. Because the parameter limits are determined using the NRC
methodologies, they will continue to be within the limit assumed in
the accident analysis. As a result, neither the probability nor the
consequences of any accident previously evaluated will be affected.
RNP MTC TS Change
The proposed change revises the RNP Technical Specification
maximum upper Moderator Temperature Coefficient (MTC) limit.
Revision of the MTC limit does not affect the performance of any
equipment used to mitigate the consequences of an analyzed accident.
There is no impact on the source term or pathways assumed in
accidents previously assumed. No analysis assumptions are violated
and there are no adverse effects on the factors that contribute to
offsite or onsite dose as the result of an accident.
HNP TSTF-248
The proposed change revises the HNP Technical Specification
definition of Shutdown Margin (SDM) consistent with existing NRC-
approved definition. The proposed revision to the SDM definition
will result in analytical flexibility for determining SDM. Revision
of the SDM definition does not affect the performance of any
equipment used to mitigate the consequences of an analyzed accident.
There is no impact on the source term or pathways assumed in
accidents previously assumed. No analysis assumptions are violated
and there are no adverse effects on the factors that contribute to
offsite or onsite dose as the result of an accident.
DPC-NE-2011-P TS Changes
The proposed change revises the RNP and HNP TS to allow
operation of a reactor core designed using the DPC-NE-2011-P
methodology. The DPC-NE-2011-P methodology has already been approved
by the NRC for use at RNP and HNP. Revision of the TS to align with
the NRC-approved methodology does not affect the performance of any
equipment used to mitigate the consequences of an analyzed accident.
There is no impact on the source term or pathways assumed in
accidents previously assumed. No analysis assumptions are violated
and there are no adverse effects on the factors that contribute to
offsite or onsite dose as the result of an accident.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of
[[Page 62614]]
accident from any accident previously evaluated?
Response: No.
COPERNIC
The proposed change adds a topical report for an NRC-reviewed
and approved fuel performance code to the list of topical reports in
HNP and RNP TS, which is administrative in nature and has no impact
on a plant configuration or on system performance. The proposed
change updates the list of NRC-approved topical reports used to
develop the core operating limits. There is no change to the
parameters within which the plant is normally operated. The
possibility of a new or different kind of accident is not created.
The proposed change also revises a limit on peak fuel centerline
temperature in the RNP and HNP TS that is based on a NRC reviewed
and approved fuel performance code, and does not require physical
changes to plant systems, structures, or components. Specifying peak
fuel centerline temperature ensures that the fuel design limits are
met. Operations and analysis will continue to be in compliance with
NRC regulations. Revising the peak fuel centerline temperature limit
does not affect any accident initiators that would create a new
accident.
Relocate TS Parameters to the COLR
The proposed change relocates certain cycle-specific core
operating limits from the RNP and HNP TS to the COLR. No new or
different accidents result from utilizing the proposed change. The
changes do not involve a physical alteration of the plant (i.e., no
new or different type of equipment will be installed) or a change in
the methods governing normal plant operation. In addition, the
changes do not impose any new or different requirements or eliminate
any existing requirements. The changes do not alter assumptions made
in the safety analyses. The proposed changes are consistent with the
safety analyses assumptions and current plant operating practice.
RNP MTC TS Change
The proposed change revises the RNP Technical Specification
maximum upper MTC limit. The proposed change does not physically
alter the plant; that is, no new or different type of equipment will
be installed. Therefore the proposed change could also not initiate
an equipment malfunction that would result in a new or different
type of accident from any previously evaluated. This change does not
create new failure modes or mechanisms which are not identifiable
during testing, and no new accident precursors are generated.
HNP TSTF-248
Revising the HNP Technical Specification definition of SDM would
not require revision to any SDM boron calculations. Rather, it would
afford the analytical flexibility for determining SDM for a
particular circumstance. The proposed change does not physically
alter the plant; that is, no new or different type of equipment will
be installed. Therefore the proposed change could also not initiate
an equipment malfunction that would result in a new or different
type of accident from any previously evaluated. This change does not
create new failure modes or mechanisms which are not identifiable
during testing, and no new accident precursors are generated.
DPC-NE-2011-P TS Changes
The proposed change revises the RNP and HNP TS to allow
operation of a reactor core designed using the DPC-NE-2011-P
methodology. The DPC-NE-2011-P methodology has already been approved
by the NRC for use at RNP and HNP. The proposed change does not
physically alter the plant, that is, no new or different type of
equipment will be installed. Therefore the proposed change could
also not initiate an equipment malfunction that would result in a
new or different type of accident from any previously evaluated.
Operating the reactor in accordance with the NRC-approved
methodology will ensure that the core will operate within safe
limits. This change does not create new failure modes or mechanisms
which are not identifiable during testing, and no new accident
precursors are generated.
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 change involve a significant reduction in a
margin of safety?
Response: No.
Margin of safety is related to the confidence in the ability of
the fission product barriers to perform their design functions
during and following an accident. These barriers include the fuel
cladding, the reactor coolant system, and the containment system.
COPERNIC
The proposed change adds a topical report for an NRC-reviewed
and approved fuel performance code to the list of topical reports in
HNP and RNP TS, which is administrative in nature and does not amend
the cycle specific parameters presently required by the TS. The
individual TS continue to require operation of the plant within the
bounds of the limits specified in the COLR. The proposed change to
the list of analytical methods referenced in the COLR does not
impact the margin of safety.
The proposed change also revises a limit on peak fuel centerline
temperature in the RNP and HNP TS that is based on a NRC reviewed
and approved fuel performance code, and does not require physical
changes to plant systems, structures, or components. Plant
operations and analysis will continue to be in accordance with the
licensing basis. Revising the peak fuel centerline temperature limit
defined by the NRC reviewed and approved fuel performance code will
continue to ensure that applicable design and safety limits are
satisfied such that the fission product barriers will continue to
perform their design functions and thereby margin of safety is not
reduced.
Relocate TS Parameters to the COLR
The proposed change relocates certain cycle-specific core
operating limits from the RNP and HNP TS to the COLR. This change
will have no effect on the margin of safety. The relocated cycle-
specific parameters will continue to be calculated using NRC-
approved methodologies and will provide the same margin of safety as
the values currently located in the TS.
RNP MTC TS Change
The proposed change revises the RNP Technical Specification
maximum upper MTC limit. The MTC limit change does not impact the
reliability of the fission product barriers to function.
Radiological dose to plant operators or to the public will not
be impacted as a result of the proposed change. The current Updated
Final Safety Analysis Report (UFSAR) Chapter 15 analyses of record
remain bounding with the proposed change to the maximum upper MTC
limit. Therefore, all of the applicable acceptance criteria continue
to be met for each of the analyses with the revised maximum upper
MTC limit.
HNP TSTF-248
The proposed revision to the HNP Technical Specification
definition of SDM does not impact the reliability of the fission
product barriers to function. Radiological dose to plant operators
or to the public will not be impacted as a result of the proposed
change. Adequate SDM will continue to be ensured for all operational
conditions.
DPC-NE-2011-P TS Changes
The proposed change revises the RNP and HNP TS to allow
operation of a reactor core designed using the DPC-NE-2011-P
methodology. As a portion of the overall Duke Energy methodology for
cycle reload safety analyses, DPC-NE-2011-P has already been
approved by the NRC for use at RNP and HNP. The proposed change will
continue to ensure that applicable design and safety limits are
satisfied such that the fission product barriers will continue to
perform their design functions. Operation of the reactor in
accordance with the DPC-NE-2011-P methodology will ensure the margin
of safety is not reduced.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel,
Duke Energy Corporation, 550 South Tryon Street, Mail Code DEC45A,
Charlotte, NC 28202.
NRC Branch Chief: Undine Shoop.
Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339,
North Anna Power Station (North Anna), Units No. 1 and No. 2, Louisa
County, Virginia
Date of amendment request: July 12, 2018. A publicly-available
version is in ADAMS under Package Accession No. ML18198A133.
[[Page 62615]]
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendments would revise the Technical Specification (TS) requirements
to add Framatome Topical Report EMF-2328(P)(A), Revision 0, ``PWR Small
Break [loss-of-coolant accident] LOCA Evaluation Model, S-RELAP5
Based,'' as supplemented by the North Anna-specific application report
ANP-3467P, Revision 0, ``North Anna Fuel-Vendor Independent Small Break
LOCA Analysis Licensing Report,'' to the list of methodologies approved
for reference in the Core Operating Limits Report (COLR) in TS 5.6.5.b
at North Anna, Unit Nos. 1 and 2. Framatome Topical Report EMF-
2328(P)(A), as supplemented by the North Anna-specific application
report, replaces two existing COLR references for the current
Westinghouse Small Break LOCA Evaluation Model. The amendments would
also remove one obsolete COLR reference in TS 5.6.5.b that supported
use of the Advanced Mark-BW (AMBW) fuel product, since the AMBW fuel
product is not planned to be used in future North Anna cores.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change to TS 5.6.5.b permits the use of an NRC-
approved methodology for analysis of the Small Break Loss of Coolant
Accident (SBLOCA) to determine if North Anna Power Station (NAPS)
Units 1 and 2 continue to meet the applicable design and safety
analysis acceptance criteria. The proposed change to the list of
NRC-approved methodologies in TS 5.6.5.b has no direct impact upon
plant operation or configuration. The list of methodologies in TS
5.6.5.b does not impact either the initiation of an accident or the
mitigation of its consequences.
The results of the revised SBLOCA transient analysis and
existing pre-transient oxidation limits demonstrate that NAPS Units
1 and 2 continue to satisfy the 10 CFR 50.46(b)(1-3) Emergency Core
Cooling System performance acceptance criteria using an NRC-approved
evaluation model.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed change will not create the possibility of a new or
different accident due to credible new failure mechanisms,
malfunctions, or accident initiators not previously considered.
There is no change to the parameters within which the plant is
normally operated, and thus, the possibility of a new or different
type of accident is not created.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
No design basis or safety limits are exceeded or altered by this
change. Approved methodologies have been used to ensure that the
plant continues to meet applicable design criteria and safety
analysis acceptance criteria.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion
Resources Services, Inc., 120 Tredegar Street, RS-2, Richmond, VA
23219.
Branch Chief: Undine Shoop.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
South Carolina Electric & Gas Company, South Carolina Public Service
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit
No. 1, Fairfield County, South Carolina
Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear
Power Plant, Unit 1, Wake and Chatham Counties, North Carolina
Duke Energy Progress, LLC, Docket No. 50-261, H. B. Robinson Steam
Electric Plant Unit No. 2, Darlington County, South Carolina
Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339,
North Anna Power Station, Units No. 1 and No. 2, Louisa County,
Virginia
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 Deputy General Counsel
for Hearings and Administration, Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is: U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852.
The email address for the Office of the Secretary and the Office of the
General Counsel are [email protected] and RidsOgcMailCenter.
[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
[[Page 62616]]
establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for 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, on November 16, 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.
[[Page 62617]]
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.
------------------------------------------------------------------------
[FR Doc. 2018-25452 Filed 12-3-18; 8:45 am]
BILLING CODE 7590-01-P