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, 26720-26725 [2020-08353]

Download as PDF 26720 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices NUCLEAR REGULATORY COMMISSION [NRC–2020–0093] 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 two amendment requests. The amendment requests are for Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 1 and 2; and Sequoyah Nuclear Plant, Units 1 and 2. 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 June 4, 2020. A request for a hearing or petitions for leave to intervene must be filed by July 6, 2020. Any potential party as defined in § 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by May 15, 2020. DATES: You may submit comments by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0093. 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. khammond on DSKJM1Z7X2PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 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: Paula Blechman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001, telephone: 301–415–2242, email: Paula.Blechman@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2020– 0093, facility name, unit number(s), docket number(s), 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–2020–0093. • 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. B. Submitting Comments Please include Docket ID NRC–2020– 0093, facility name, unit number(s), docket number(s), 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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 amendments until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendments before expiration of the 60day period provided that its final determination is that the amendments involve no significant hazards consideration. In addition, the E:\FR\FM\05MYN1.SGM 05MYN1 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Commission may issue the amendments 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/. 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 VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 26721 A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner’s interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federallyrecognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federallyrecognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. B. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC’s E-Filing rule (72 FR 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 E:\FR\FM\05MYN1.SGM 05MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 26722 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices 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 (ET) on the due date. Upon receipt of a transmission, the EFiling system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the 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 VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 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., ET, 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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. Exelon Generation Company, LLC, Docket Nos. STN 50–456 and STN 50– 457, Braidwood Station, Units 1 and 2 (Braidwood), Will County, Illinois and Docket Nos. STN 50–454 and STN 50– 455, Byron Station, Unit Nos. 1 and 2 (Byron), Ogle County, Illinois Date of amendment request: February 28, 2020. A publicly-available version is in ADAMS under Accession No. ML20063L400. Description of amendment request: This amendment request contains SUNSI. The amendments would revise Technical Specification (TS) 5.6.5, ‘‘Core Operating Limits Report (COLR),’’ to replace the current NRC-approved loss-of-coolant accident (LOCA) methodologies with a single, newer NRC-approved LOCA methodology, the FULL SPECTRUMTM LOCA Evaluation Model (FSLOCATM EM). 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 proposed change revises TS 5.6.5.b to replace the current NRC approved LOCA methodologies listed in TS 5.6.5.b with another NRC approved methodology contained in WCAP–16996–P–A, Rev. 1, ‘‘Realistic LOCA Evaluation Methodology Applied to the Full Spectrum of Break Sizes (FULL SPECTRUM[TM] LOCA Methodology).’’ The proposed changes to the TS 5.6.5.b core operating limits methodologies, consists of replacing three current LOCA methodologies with a newer, single NRC approved methodology (the FSLOCATM EM). The NRC review of the FSLOCATM EM concluded that the analytical methods are acceptable as a replacement for the current LOCA analytical methods listed in TS 5.6.5.b. E:\FR\FM\05MYN1.SGM 05MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices The proposed change does not affect the design or function of any plant structures, systems, and components (SSCs). Thus, the proposed change does not affect plant operation, design features, or the capability of any SSC to perform its safety function. In addition, the proposed change does not affect any previously evaluated accidents in the UFSAR [Updated Final Safety Analysis Report], or any SSCs, operating procedures, and administrative controls that have the function of preventing or mitigating any accident previously evaluated in the UFSAR. Thus, the proposed use of the FSLOCATM EM will continue to assure that the plant operates in the same safe manner as before and will not involve an increase in the probability of an accident. The analyses results determined by use of the proposed new methodology will not increase the reactor power level or the core fission product inventory and will not change any transport assumptions or the shutdown margin requirements of the Braidwood and Byron TS. As such, Braidwood and Byron will continue to operate within the power distribution limits and shutdown margins required by the TS and within the assumptions of the safety analyses described in the UFSAR. As such, the proposed changes do not involve a significant increase in the consequences of an accident. Therefore, the proposed 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 accident from any accident previously evaluated? Response: No. The proposed change revises TS 5.6.5.b to replace the current NRC approved LOCA methodologies listed in TS 5.6.5.b with a single, newer NRC approved methodology contained in WCAP–16996–P–A, Rev. 1, ‘‘Realistic LOCA Evaluation Methodology Applied to the Full Spectrum of Break Sizes (FULL SPECTRUM[TM] LOCA Methodology).’’ The NRC review of the FSLOCATM EM concluded that the analytical methods are acceptable as a replacement for the current LOCA analytical methods listed in TS 5.6.5.b. The proposed change provides revised analytical methods and does not change any system functions or maintenance activities. The change does not involve physical alteration of the plant; that is, no new or different type of equipment will be installed. The change does not impact the ability of any SSC to perform its safety function consistent with the assumptions of the safety analyses and continues to assure the plant is operated within safe limits. As such, the proposed change does not create new failure modes or mechanisms that are not identifiable during testing, and no new accident precursors are generated. Therefore, the proposed change does not create the possibility of a new or different accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 The margin of safety is established through equipment design, operating parameters, and the setpoints at which automatic actions are initiated. The proposed change does not physically alter safety-related systems, nor does it affect the way in which safety-related systems perform their functions. The setpoints at which protective actions are initiated are not altered by the proposed change. Therefore, sufficient equipment remains available to actuate upon demand for the purpose of mitigating an analyzed event. The NRC has reviewed and approved the new methodology for the intended use in lieu of the current methodologies; thus, the margin of safety is not reduced due to this change. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee’s analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. Attorney for licensee: Tamra Domeyer, Associate General Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555. NRC Branch Chief: Nancy L. Salgado. Tennessee Valley Authority, Docket Nos. 50–327 and 50–328, Sequoyah Nuclear Plant, Units 1 and 2, Hamilton County, Tennessee Date of amendment request: January 14, 2020. A publicly-available version is in ADAMS under Accession No. ML20016A396. Description of amendment request: This amendment request contains SUNSI. The amendments would revise the Sequoyah Nuclear Plant (SQN) Units 1 and 2, UFSAR to reflect the results of the new hydrologic analysis. 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 changes reflect the updated hydrologic analysis, including changes in the PMP [probable maximum precipitation] used in the LIP [local intense precipitation] and the rivers and streams flooding models, revision of the geometry and reservoir overbank storage in the HEC–RAS [Hydrology Engineering Center River Analysis System] model, updated wind speed used in the wind wave analysis, updated seismically-induced dam failure flooding analysis to current NRC guidance, PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 26723 and revision of the warning time plan resulting from these changes. The proposed changes result in additional margin between the revised design basis flood elevations and limiting safety-related systems, structures, and components. Implementation of these changes does not (1) prevent the safety function of any safety-related system, structure, or component during an external flood; (2) alter, degrade, or prevent action described or assumed in any accident described in the SQN Units 1 and 2 UFSAR from being performed, because the safetyrelated systems, structures, or components remain adequately protected from the effects of external floods; (3) alter any assumptions previously made in evaluating radiological consequences; or (4) affect the integrity of any fission product barrier. Therefore, this proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed changes reflect the updated hydrologic analysis, including changes in the PMP used in the LIP and the rivers and streams flooding models, revision of the geometry and reservoir overbank storage in the HEC–RAS model, updated wind speed used in the wind wave analysis, updated seismically-induced dam failure flooding analysis to current NRC guidance, and revision of the warning time plan resulting from these changes. The proposed changes do not introduce any new accident causal mechanisms, nor do they impact any plant systems that are potential accident initiators. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The proposed changes reflect the updated hydrologic analysis, including changes in the PMP used in the LIP and the rivers and streams flooding models, revision of the geometry and reservoir overbank storage in the HEC–RAS model, updated wind speed used in the wind wave analysis, updated seismically-induced dam failure flooding analysis to current NRC guidance, and revision of the warning time plan resulting from these changes. The proposed changes do not alter the permanent plant design, including instrument set points, that is the basis of the assumptions contained in the safety analyses. The results of the updated hydrologic analysis increase the margin to the design analysis flood elevation required to protect safety-related systems, structures, or components during external flooding events. Therefore, the proposed changes do not prevent any safety-related structures, systems, or components from performing their required functions during an external flood. Consistent with existing regulatory guidance, including regulatory recommendations, and discussions regarding calibration of hydrology models using E:\FR\FM\05MYN1.SGM 05MYN1 26724 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices historical flood data and consideration of sensitivity analyses, the hydrologic analysis is considered a reasonable best estimate that has accounted for uncertainties using the best data available. 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: General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, 6A West Tower, Knoxville, TN 37902. NRC Branch Chief: Undine Shoop. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information for Contention Preparation Exelon Generation Company, LLC, Docket Nos. STN 50–456 and STN 50– 457, Braidwood Station, Units 1 and 2, Will County, Illinois and Docket Nos. STN 50–454 and STN 50–455, Byron Station, Unit Nos. 1 and 2, Ogle County, Illinois khammond on DSKJM1Z7X2PROD with NOTICES Tennessee Valley Authority, Docket Nos. 50–327 and 50–328, Sequoyah Nuclear Plant, Units 1 and 2, Hamilton County, Tennessee A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing 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 requestor 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 VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 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 requestor’s basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. 2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 requestor 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 requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party’s interest independent of the proceeding. Such a challenge must be filed within 5 days of 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 E:\FR\FM\05MYN1.SGM 05MYN1 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices 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. Day 0 10 60 20 25 30 40 A A+3 A + 28 A + 53 A + 60 >A + 60 Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding 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 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 requestor 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/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2020–0106] Guidance for Changes During Construction for New Nuclear Power Plants Licenses Under 10 CFR Part 52 Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Dated: April 15, 2020. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Event/activity [FR Doc. 2020–08353 Filed 5–4–20; 8:45 am] The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG) DG–1321, ‘‘Guidance for Changes SUMMARY: 3 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR VerDate Sep<11>2014 26725 19:16 May 04, 2020 Jkt 250001 During Construction for New Nuclear Power Plants Licenses Under 10 CFR Part 52.’’ This DG proposes new guidance that the NRC staff consider acceptable for implementation of a process for making changes to the design of structures, systems, and components of a facility being constructed under a combined license. The staff is also seeking input on whether to incorporate guidance on two issues into DG–1321: The continued viability of an existing process for treating changes during construction, i.e., the preliminary amendment request process and the timing and review of license amendment requests submitted after the Commission publishes a Notice of Intended Operations. Submit comments by July 6, 2020. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. In addition to general comments, the NRC is also requesting specific comments as discussed below in the SUPPLEMENTARY INFORMATION section of this document. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search 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. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 DATES: E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26720-26725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08353]



[[Page 26720]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2020-0093]


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 two amendment requests. The amendment requests 
are for Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 1 
and 2; and Sequoyah Nuclear Plant, Units 1 and 2. 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 June 4, 2020. A request for a hearing 
or petitions for leave to intervene must be filed by July 6, 2020. Any 
potential party as defined in Sec.  2.4 of title 10 of the Code of 
Federal Regulations (10 CFR), who believes access to SUNSI is necessary 
to respond to this notice must request document access by May 15, 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-2020-0093. 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 Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Paula Blechman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001, telephone: 301-415-2242, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0093, facility name, unit 
number(s), docket number(s), 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-2020-0093.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2020-0093, facility name, unit 
number(s), docket number(s), 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 amendments until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendments before expiration of the 
60-day period provided that its final determination is that the 
amendments involve no significant hazards consideration. In addition, 
the

[[Page 26721]]

Commission may issue the amendments 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/. 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.

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

[[Page 26722]]

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 (ET) 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., ET, 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.
Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, 
Braidwood Station, Units 1 and 2 (Braidwood), Will County, Illinois and 
Docket Nos. STN 50-454 and STN 50-455, Byron Station, Unit Nos. 1 and 2 
(Byron), Ogle County, Illinois
    Date of amendment request: February 28, 2020. A publicly-available 
version is in ADAMS under Accession No. ML20063L400.
    Description of amendment request: This amendment request contains 
SUNSI. The amendments would revise Technical Specification (TS) 5.6.5, 
``Core Operating Limits Report (COLR),'' to replace the current NRC-
approved loss-of-coolant accident (LOCA) methodologies with a single, 
newer NRC-approved LOCA methodology, the FULL SPECTRUM\TM\ LOCA 
Evaluation Model (FSLOCA\TM\ EM).
    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 proposed change revises TS 5.6.5.b to replace the current 
NRC approved LOCA methodologies listed in TS 5.6.5.b with another 
NRC approved methodology contained in WCAP-16996-P-A, Rev. 1, 
``Realistic LOCA Evaluation Methodology Applied to the Full Spectrum 
of Break Sizes (FULL SPECTRUM\[TM]\ LOCA Methodology).''
    The proposed changes to the TS 5.6.5.b core operating limits 
methodologies, consists of replacing three current LOCA 
methodologies with a newer, single NRC approved methodology (the 
FSLOCA\TM\ EM). The NRC review of the FSLOCA\TM\ EM concluded that 
the analytical methods are acceptable as a replacement for the 
current LOCA analytical methods listed in TS 5.6.5.b.

[[Page 26723]]

    The proposed change does not affect the design or function of 
any plant structures, systems, and components (SSCs). Thus, the 
proposed change does not affect plant operation, design features, or 
the capability of any SSC to perform its safety function. In 
addition, the proposed change does not affect any previously 
evaluated accidents in the UFSAR [Updated Final Safety Analysis 
Report], or any SSCs, operating procedures, and administrative 
controls that have the function of preventing or mitigating any 
accident previously evaluated in the UFSAR. Thus, the proposed use 
of the FSLOCA\TM\ EM will continue to assure that the plant operates 
in the same safe manner as before and will not involve an increase 
in the probability of an accident.
    The analyses results determined by use of the proposed new 
methodology will not increase the reactor power level or the core 
fission product inventory and will not change any transport 
assumptions or the shutdown margin requirements of the Braidwood and 
Byron TS. As such, Braidwood and Byron will continue to operate 
within the power distribution limits and shutdown margins required 
by the TS and within the assumptions of the safety analyses 
described in the UFSAR. As such, the proposed changes do not involve 
a significant increase in the consequences of an accident.
    Therefore, the proposed 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 accident from any accident previously evaluated?
    Response: No.
    The proposed change revises TS 5.6.5.b to replace the current 
NRC approved LOCA methodologies listed in TS 5.6.5.b with a single, 
newer NRC approved methodology contained in WCAP-16996-P-A, Rev. 1, 
``Realistic LOCA Evaluation Methodology Applied to the Full Spectrum 
of Break Sizes (FULL SPECTRUM\[TM]\ LOCA Methodology).'' The NRC 
review of the FSLOCA\TM\ EM concluded that the analytical methods 
are acceptable as a replacement for the current LOCA analytical 
methods listed in TS 5.6.5.b.
    The proposed change provides revised analytical methods and does 
not change any system functions or maintenance activities. The 
change does not involve physical alteration of the plant; that is, 
no new or different type of equipment will be installed. The change 
does not impact the ability of any SSC to perform its safety 
function consistent with the assumptions of the safety analyses and 
continues to assure the plant is operated within safe limits. As 
such, the proposed change does not create new failure modes or 
mechanisms that are not identifiable during testing, and no new 
accident precursors are generated.
    Therefore, the proposed change does not create the possibility 
of a new or different accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The margin of safety is established through equipment design, 
operating parameters, and the setpoints at which automatic actions 
are initiated. The proposed change does not physically alter safety-
related systems, nor does it affect the way in which safety-related 
systems perform their functions. The setpoints at which protective 
actions are initiated are not altered by the proposed change. 
Therefore, sufficient equipment remains available to actuate upon 
demand for the purpose of mitigating an analyzed event. The NRC has 
reviewed and approved the new methodology for the intended use in 
lieu of the current methodologies; thus, the margin of safety is not 
reduced due to this change.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    NRC Branch Chief: Nancy L. Salgado.
Tennessee Valley Authority, Docket Nos. 50-327 and 50-328, Sequoyah 
Nuclear Plant, Units 1 and 2, Hamilton County, Tennessee
    Date of amendment request: January 14, 2020. A publicly-available 
version is in ADAMS under Accession No. ML20016A396.
    Description of amendment request: This amendment request contains 
SUNSI. The amendments would revise the Sequoyah Nuclear Plant (SQN) 
Units 1 and 2, UFSAR to reflect the results of the new hydrologic 
analysis.
    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 changes reflect the updated hydrologic analysis, 
including changes in the PMP [probable maximum precipitation] used 
in the LIP [local intense precipitation] and the rivers and streams 
flooding models, revision of the geometry and reservoir overbank 
storage in the HEC-RAS [Hydrology Engineering Center River Analysis 
System] model, updated wind speed used in the wind wave analysis, 
updated seismically-induced dam failure flooding analysis to current 
NRC guidance, and revision of the warning time plan resulting from 
these changes. The proposed changes result in additional margin 
between the revised design basis flood elevations and limiting 
safety-related systems, structures, and components. Implementation 
of these changes does not (1) prevent the safety function of any 
safety-related system, structure, or component during an external 
flood; (2) alter, degrade, or prevent action described or assumed in 
any accident described in the SQN Units 1 and 2 UFSAR from being 
performed, because the safety-related systems, structures, or 
components remain adequately protected from the effects of external 
floods; (3) alter any assumptions previously made in evaluating 
radiological consequences; or (4) affect the integrity of any 
fission product barrier.
    Therefore, this proposed amendment does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes reflect the updated hydrologic analysis, 
including changes in the PMP used in the LIP and the rivers and 
streams flooding models, revision of the geometry and reservoir 
overbank storage in the HEC-RAS model, updated wind speed used in 
the wind wave analysis, updated seismically-induced dam failure 
flooding analysis to current NRC guidance, and revision of the 
warning time plan resulting from these changes. The proposed changes 
do not introduce any new accident causal mechanisms, nor do they 
impact any plant systems that are potential accident initiators.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes reflect the updated hydrologic analysis, 
including changes in the PMP used in the LIP and the rivers and 
streams flooding models, revision of the geometry and reservoir 
overbank storage in the HEC-RAS model, updated wind speed used in 
the wind wave analysis, updated seismically-induced dam failure 
flooding analysis to current NRC guidance, and revision of the 
warning time plan resulting from these changes. The proposed changes 
do not alter the permanent plant design, including instrument set 
points, that is the basis of the assumptions contained in the safety 
analyses. The results of the updated hydrologic analysis increase 
the margin to the design analysis flood elevation required to 
protect safety-related systems, structures, or components during 
external flooding events. Therefore, the proposed changes do not 
prevent any safety-related structures, systems, or components from 
performing their required functions during an external flood. 
Consistent with existing regulatory guidance, including regulatory 
recommendations, and discussions regarding calibration of hydrology 
models using

[[Page 26724]]

historical flood data and consideration of sensitivity analyses, the 
hydrologic analysis is considered a reasonable best estimate that 
has accounted for uncertainties using the best data available.
    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: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, 6A West Tower, Knoxville, TN 37902.
    NRC Branch Chief: Undine Shoop.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, 
Braidwood Station, Units 1 and 2, Will County, Illinois and Docket Nos. 
STN 50-454 and STN 50-455, Byron Station, Unit Nos. 1 and 2, Ogle 
County, Illinois

Tennessee Valley Authority, Docket Nos. 50-327 and 50-328, Sequoyah 
Nuclear Plant, Units 1 and 2, Hamilton County, Tennessee

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing 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 requestor 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 
[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 requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or 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 requestor 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 requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of 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

[[Page 26725]]

granting or denying access) is governed by 10 CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
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: April 15, 2020.

    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 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 requestor 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/requestor to file a motion
                               seeking a ruling to reverse the NRC
                               staff's denial of access; NRC staff files
                               copy of access determination with the
                               presiding officer (or Chief
                               Administrative Judge or other designated
                               officer, as appropriate). If NRC staff
                               finds ``need'' for SUNSI, the deadline
                               for any party to the proceeding whose
                               interest independent of the proceeding
                               would be harmed by the release of the
                               information to file a motion seeking a
                               ruling to reverse the NRC staff's grant
                               of access.
30                            Deadline for NRC staff reply to motions to
                               reverse NRC staff determination(s).
40                            (Receipt +30) If NRC staff finds standing
                               and need for SUNSI, deadline for NRC
                               staff to complete information processing
                               and file motion for Protective Order and
                               draft Non-Disclosure Affidavit. Deadline
                               for applicant/licensee to file Non-
                               Disclosure Agreement for SUNSI.
A                             If access granted: Issuance of presiding
                               officer or other designated officer
                               decision on motion for protective order
                               for access to sensitive information
                               (including schedule for providing access
                               and submission of contentions) or
                               decision reversing a final adverse
                               determination by the NRC staff.
A + 3                         Deadline for filing executed Non-
                               Disclosure Affidavits. Access provided to
                               SUNSI consistent with decision issuing
                               the protective order.
A + 28                        Deadline for submission of contentions
                               whose development depends upon access to
                               SUNSI. However, if more than 25 days
                               remain between the petitioner's receipt
                               of (or access to) the information and the
                               deadline for filing all other contentions
                               (as established in the notice of
                               opportunity to request a hearing and
                               petition for leave to intervene), the
                               petitioner may file its SUNSI contentions
                               by that later deadline.
A + 53                        (Contention receipt +25) Answers to
                               contentions whose development depends
                               upon access to SUNSI.
A + 60                        (Answer receipt +7) Petitioner/Intervenor
                               reply to answers.
>A + 60                       Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2020-08353 Filed 5-4-20; 8:45 am]
 BILLING CODE 7590-01-P