Entergy Operations, Inc.; River Bend Station, Unit 1, 18590-18593 [2020-06906]
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18590
Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Notices
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posted on the internet, without
redaction. DOL encourages commenters
not to include personally identifiable
information, confidential business data,
or other sensitive statements/
information in any comments.
DOL is particularly interested in
comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology
(e.g., permitting electronic submission
of responses).
Agency: DOL–ETA.
Type of Review: Extension Without
Changes.
Title of Collection: Form ETA–750A,
Application for Alien Employment
Certification and Form ETA–750B,
Application for Alien Employment
Certification.
Form: Form ETA–750A and Form
ETA–750B.
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(Authority: 44 U.S.C. 3506(c)(2)(A))
John Pallasch,
Assistant Secretary for Employment and
Training.
[FR Doc. 2020–06875 Filed 4–1–20; 8:45 am]
BILLING CODE 4510–FP–P
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (20–040)]
Aerospace Safety Advisory Panel;
Meeting.
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, the
National Aeronautics and Space
Administration announces a
forthcoming meeting of the Aerospace
Safety Advisory Panel (ASAP).
DATES: Thursday, April 23, 2020, 12:00
p.m. to 1:15 p.m., Eastern Time.
ADDRESSES: This will be a virtual
meeting via teleconference.
FOR FURTHER INFORMATION,
CONTACT: Ms. Lisa M. Hackley, ASAP
Administrative Officer, NASA
Headquarters, Washington, DC 20546,
(202) 358–1947 or lisa.m.hackley@
nasa.gov.
SUPPLEMENTARY INFORMATION: The
Aerospace Safety Advisory Panel
(ASAP) will hold its Second Quarterly
Meeting for 2020. This discussion is
pursuant to carrying out its statutory
duties for which the Panel reviews,
identifies, evaluates, and advises on
those program activities, systems,
procedures, and management activities
that can contribute to program risk.
Priority is given to those programs that
involve the safety of human flight. The
agenda will include:
—Updates on the International Space
Station Program
—Updates on the Commercial Crew
Program
—Updates on Exploration System
Development Program
—Updates on Human Lunar Exploration
Program
This meeting is a virtual meeting, and
only available telephonically. Any
interested person may call the USA toll
free conference call number 800–593–
9979; pass code 8001361 and then the
# sign. At the beginning of the meeting,
members of the public may make a
verbal presentation to the Panel on the
subject of safety in NASA, not to exceed
5 minutes in length. To do so, members
of the public must contact Ms. Lisa M.
Hackley at lisa.m.hackley@nasa.gov or
at (202) 358–1947 at least 48 hours in
advance. Any member of the public is
permitted to file a written statement
with the Panel via electronic submission
to Ms. Hackley at the email address
previously noted. Verbal presentations
and written statements should be
limited to the subject of safety in NASA.
It is imperative that the meeting be held
on this date to accommodate the
scheduling priorities of the key
participants.
Patricia Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2020–06868 Filed 4–1–20; 8:45 am]
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SUMMARY:
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–458, NRC–2020–0090]
Entergy Operations, Inc.; River Bend
Station, Unit 1
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License No. NPF–47,
issued to Entergy Operations, Inc. (the
licensee), for operation of the River
Bend Station, Unit 1. The proposed
amendment would extend the
implementation time from May 13,
2020, to September 30, 2020, for the
NRC-approved license amendment
issued May 14, 2019, associated with
revising the emergency action levels
(EALs) scheme based on Nuclear Energy
Institute (NEI) guidance. The licensee is
requesting this extension due to
unforeseen circumstances.
DATES: Submit comments by May 4,
2020. Requests for a hearing or petition
for leave to intervene must be filed by
June 1, 2020.
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–2020–0090. Address
questions about NRC 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: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
SUMMARY:
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Federal Register / Vol. 85, No. 64 / Thursday, April 2, 2020 / Notices
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
4037; email: Thomas.Wengert@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2020–
0090 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–2020–0090.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The license amendment request
dated March 23, 2020, is available in
ADAMS under Accession No.
ML20083N719.
• 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–2020–
0090 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
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submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an
amendment to Renewed Facility
Operating License No. NPF–47 issued to
Entergy Operations, Inc., for operation
of River Bend Station, Unit 1, located in
West Feliciana Parish, Louisiana.
The proposed amendment would
extend the implementation time from
May 13, 2020, to September 30, 2020,
for the NRC-approved license
amendment issued May 14, 2019
(Amendment No. 197; ADAMS
Accession No. ML19070A062),
associated with revising the EALs
scheme based on NEI guidance in NEI
99–01, Revision 6 (ADAMS Accession
No. ML13091A209), which was
endorsed by the NRC in a letter dated
March 28, 2013 (ADAMS Accession No.
ML12346A463). The licensee is
requesting this extension due to
unforeseen circumstances because of the
ongoing COVID–19 pandemic, which
has resulted in a need to delay
implementation of NEI 99–01 Revision
6 EALs beyond the May 13, 2020, date
specified in the approved license
amendment dated May 14, 2019. An
extension of the implementation date to
September 30, 2020, will account for
unforeseen impacts that have interfered
with implementation of the Revision 6
EALs as originally planned.
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in section 50.92 of
title 10 of the Code of Federal
Regulations (10 CFR), this means that
operation of the facility in accordance
with the proposed amendments would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided 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?
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18591
Response: No.
An Emergency Plan provides mitigative
and recovery efforts associated with certain
station events that could impact the health
and safety of the public. The RBS [River
Bend Station, Unit 1] Emergency Plan is
unrelated to any accident or event initiator.
The RBS Emergency Plan currently in use is
based on NEI 99–01 guidance, as previously
approved by the NRC. An Emergency Plan
based on previous revisions to the NEI
guidance is effective and acceptable for
establishing all necessary actions necessary
to mitigate the consequences of an accident
previously evaluated and have been
previously endorsed by the NRC. Therefore,
delaying implementation of the NEI 99–01,
Revision 6—based RBS Emergency Plan 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.
As stated previously, an Emergency Plan is
not associated with any accident initiator but
acts only to limit the consequences of an
accident. The proposed amendment does not
alter any plant equipment or otherwise affect
the RBS accident analyses. Therefore,
delaying implementation of the NEI 99–01,
Revision 6—based RBS Emergency Plan does
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.
As stated previously, an Emergency Plan
based on earlier revisions of the NEI
guidance is effective and acceptable for
establishing all necessary actions necessary
to mitigate the consequences of an accident
previously evaluated and have been
previously endorsed by the NRC. RBS will
continue to utilize the station Emergency
Plan based on previous revisions of NEI 99–
01 until Revision 6 of the NEI guidance is
fully implemented. Therefore, delaying
implementation of the NEI 99–01, Revision
6—based RBS Emergency Plan does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves no
significant hazards consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. 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
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publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day notice period if the Commission
concludes 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 in the Federal Register a
notice of issuance. 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.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s website at
https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of
the regulations is available at the NRC’s
Public Document Room, located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. If a petition is filed,
the Commission or a presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
As required by 10 CFR 2.309(d) the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
standing: (1) The name, address, and
telephone number of the petitioner; (2)
the nature of the petitioner’s right under
the Act to be made a party to the
proceeding; (3) the nature and extent of
the petitioner’s property, financial, or
other interest in the proceeding; and (4)
the possible effect of any decision or
order which may be entered in the
proceeding on the petitioner’s interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
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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.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
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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/sitehelp/e-submittals.html. Participants
may not submit paper copies of their
filings unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the hearing in this proceeding
if the Secretary has not already
established an electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public 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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18593
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘Cancel’’
when the link requests certificates and
you will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
For further details with respect to this
action, see the licensee’s application
dated March 23, 2020 (ADAMS
Accession No. ML20083N719).
Attorney for Licensee: Anna Vinson
Jones., Senior Counsel—Entergy
Services, Inc., 101 Constitution Avenue
NW, Suite 200 East, Washington, DC
20001.
NRC Branch Chief: Jennifer L. DixonHerrity.
Dated at Rockville, Maryland, this 30th day
of March, 2020.
For the Nuclear Regulatory Commission.
Thomas J. Wengert,
Sr. Project Manager, Plant Licensing Branch
IV, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
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OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
This notice identifies
Schedule A, B, and C appointing
authorities applicable to a single agency
that were established or revoked from
December 1, 2019 to December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Julia
Alford, Senior Executive Resources
Services, Senior Executive Services and
Performance Management, Employee
Services, 202–606–2246.
SUMMARY:
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18590-18593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06906]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-458, NRC-2020-0090]
Entergy Operations, Inc.; River Bend Station, Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Renewed Facility Operating License No. NPF-
47, issued to Entergy Operations, Inc. (the licensee), for operation of
the River Bend Station, Unit 1. The proposed amendment would extend the
implementation time from May 13, 2020, to September 30, 2020, for the
NRC-approved license amendment issued May 14, 2019, associated with
revising the emergency action levels (EALs) scheme based on Nuclear
Energy Institute (NEI) guidance. The licensee is requesting this
extension due to unforeseen circumstances.
DATES: Submit comments by May 4, 2020. Requests for a hearing or
petition for leave to intervene must be filed by June 1, 2020.
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-2020-0090. Address
questions about NRC 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: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and
[[Page 18591]]
Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-4037; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0090 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-2020-0090.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The license amendment request dated
March 23, 2020, is available in ADAMS under Accession No. ML20083N719.
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-2020-0090 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. NPF-47 issued to Entergy Operations, Inc., for
operation of River Bend Station, Unit 1, located in West Feliciana
Parish, Louisiana.
The proposed amendment would extend the implementation time from
May 13, 2020, to September 30, 2020, for the NRC-approved license
amendment issued May 14, 2019 (Amendment No. 197; ADAMS Accession No.
ML19070A062), associated with revising the EALs scheme based on NEI
guidance in NEI 99-01, Revision 6 (ADAMS Accession No. ML13091A209),
which was endorsed by the NRC in a letter dated March 28, 2013 (ADAMS
Accession No. ML12346A463). The licensee is requesting this extension
due to unforeseen circumstances because of the ongoing COVID-19
pandemic, which has resulted in a need to delay implementation of NEI
99-01 Revision 6 EALs beyond the May 13, 2020, date specified in the
approved license amendment dated May 14, 2019. An extension of the
implementation date to September 30, 2020, will account for unforeseen
impacts that have interfered with implementation of the Revision 6 EALs
as originally planned.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in section 50.92 of title 10 of the Code of
Federal Regulations (10 CFR), this means that operation of the facility
in accordance with the proposed amendments would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided 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.
An Emergency Plan provides mitigative and recovery efforts
associated with certain station events that could impact the health
and safety of the public. The RBS [River Bend Station, Unit 1]
Emergency Plan is unrelated to any accident or event initiator. The
RBS Emergency Plan currently in use is based on NEI 99-01 guidance,
as previously approved by the NRC. An Emergency Plan based on
previous revisions to the NEI guidance is effective and acceptable
for establishing all necessary actions necessary to mitigate the
consequences of an accident previously evaluated and have been
previously endorsed by the NRC. Therefore, delaying implementation
of the NEI 99-01, Revision 6--based RBS Emergency Plan 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.
As stated previously, an Emergency Plan is not associated with
any accident initiator but acts only to limit the consequences of an
accident. The proposed amendment does not alter any plant equipment
or otherwise affect the RBS accident analyses. Therefore, delaying
implementation of the NEI 99-01, Revision 6--based RBS Emergency
Plan does 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.
As stated previously, an Emergency Plan based on earlier
revisions of the NEI guidance is effective and acceptable for
establishing all necessary actions necessary to mitigate the
consequences of an accident previously evaluated and have been
previously endorsed by the NRC. RBS will continue to utilize the
station Emergency Plan based on previous revisions of NEI 99-01
until Revision 6 of the NEI guidance is fully implemented.
Therefore, delaying implementation of the NEI 99-01, Revision 6--
based RBS Emergency Plan does not involve a significant reduction in
a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. 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
[[Page 18592]]
publication of this notice. The Commission may issue the license
amendment before expiration of the 60-day notice period if the
Commission concludes 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 in the
Federal Register a notice of issuance. 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.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally-recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that
[[Page 18593]]
request to participate under 10 CFR 2.315(c), must be filed in
accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007,
as amended at 77 FR 46562; August 3, 2012). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the internet, or in some cases to mail copies on electronic
storage media. Detailed guidance on making electronic submissions may
be found in the Guidance for Electronic Submissions to the NRC and on
the NRC website at https://www.nrc.gov/site-help/e-submittals.html.
Participants may not submit paper copies of their filings unless they
seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the licensee's
application dated March 23, 2020 (ADAMS Accession No. ML20083N719).
Attorney for Licensee: Anna Vinson Jones., Senior Counsel--Entergy
Services, Inc., 101 Constitution Avenue NW, Suite 200 East, Washington,
DC 20001.
NRC Branch Chief: Jennifer L. Dixon-Herrity.
Dated at Rockville, Maryland, this 30th day of March, 2020.
For the Nuclear Regulatory Commission.
Thomas J. Wengert,
Sr. Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-06906 Filed 4-1-20; 8:45 am]
BILLING CODE 7590-01-P
