Entergy Operations, Inc.; Arkansas Nuclear One; Unit 1, 66328-66333 [2022-23829]
Download as PDF
<![CDATA[
66328
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Permit Form (NSF 1078) has been in use
for several years. The form requests
general information, such as name,
affiliation, location, etc., and more
specific information as to the type of
object to be taken (plant, native
mammal, or native bird).
Use of the Information: The purpose
of the regulations (45 CFR 670) is to
conserve and protect the native
mammals, birds, plants, and
invertebrates of Antarctica and the
ecosystem upon which they depend and
to implement the Antarctic
Conservation Act of 1978, Public Law
95–541, as amended by the Antarctic
Science, Tourism, and Conservation Act
of 1996, Public Law 104–227.
Burden on the Public: The Foundation
estimates about 25 responses annually
at 45 minutes per response; this
computes to approximately 19 hours
annually.
Dated: October 28, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2022–23867 Filed 11–2–22; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request; National
Science Foundation (NSF) Polar Media
Program Application Form for the
Arctic and the U.S. Antarctic Program
(USAP)
National Science Foundation.
Submission for OMB review;
comment request.
AGENCY:
ACTION:
The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995. This is the
second notice for public comment; the
first was published in the Federal
Register, and no comments were
received. NSF is forwarding the
proposed submission to the Office of
Management and Budget (OMB) for
clearance simultaneously with the
publication of this second notice.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAmain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
FOR FURTHER INFORMATION CONTACT:
Suzanne H. Plimpton, Reports Clearance
Officer, National Science Foundation,
2415 Eisenhower Avenue, Alexandria,
Virginia 22314; telephone (703) 292–
7556; or send email to splimpto@
nsf.gov. Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, which is accessible 24 hours a
day, 7 days a week, 365 days a year
(including Federal holidays).
SUPPLEMENTARY INFORMATION:
Comments: Comments regarding (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
NSF, including whether the information
shall have practical utility; (b) the
accuracy of the NSF’s estimate of the
burden of the proposed collection of
information; (c) ways to enhance the
quality, use, and clarity of the
information on respondents; and (d)
ways to minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology
should be addressed to the points of
contact in the FOR FURTHER INFORMATION
CONTACT section.
Copies of the submission may be
obtained by calling 703–292–7556. NSF
may not conduct or sponsor a collection
of information unless the collection of
information displays a currently valid
OMB control number, and the agency
informs potential persons who are to
respond to the collection of information
that such persons are not required to
respond to the collection of information
unless it displays a currently valid OMB
control number.
Title of Collection: National Science
Foundation (NSF) Polar Media Program
Application Form for the Arctic and the
U.S. Antarctic Program (USAP).
OMB Control No.: 3145–New.
Abstract: The purpose of the National
Science Foundation (NSF) Polar Media
Program is to raise awareness of the
United States’ scientific and operational
activities in the Arctic region and in
Antarctica and the Southern Ocean.
Members of the media can apply and be
selected for the program whose
reporting targets these activities and
covers multiple media channels that
will reach large and targeted audiences.
This program supports the President’s
Memorandum Regarding Antarctica,
Memorandum 6646, that ‘‘The United
States Antarctic Program shall be
maintained at a level providing an
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
active and influential presence in
Antarctica designed to support the range
of U.S. Antarctic interests.’’
The NSF Polar Media Program
Application Form will collect
information from media groups
interested in participating in the
program in response to an official yearly
media call (example of a previous media
call: https://www.nsf.gov/news/news_
summ.jsp?cntn_id=295843). Information
collected will include media contact
information (first and last name,
occupation, organization and
organization website URL and reach,
social media channel information,
passport number, country, date of
issuance, email address, mailing
address, and phone number) in addition
to organization travel desires, proposal
information and specific criteria related
to the proposal. Information collected
will be the basis of selection for
participating in the program.
Respondents: Individuals.
Estimated Number of Annual
Respondents: 20.
Burden on the Public: Estimated 45
minutes to fill out the form, including
the collection of data to fill in the fields.
This information should be readily
available for most interested parties.
The estimated burden time is 15 hours.
Dated: October 31, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2022–23974 Filed 11–2–22; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–313; NRC–2022–0186]
Entergy Operations, Inc.; Arkansas
Nuclear One; Unit 1
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene; order imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License No. DPR–51,
issued to Entergy Operations, Inc., for
operation of Arkansas Nuclear One,
Unit 1 (ANO–1). The proposed
amendment would revise the dose
equivalent Iodine (I)–131 and the
reactor coolant system (RCS) primary
activity limits required by ANO–1
Technical Specification (TS) 3.4.12,
‘‘RCS Specific Activity,’’ and the
SUMMARY:
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
primary-to-secondary leak rate limit
provided in TS 3.4.13, ‘‘RCS
Operational LEAKAGE.’’ For this
amendment request, the NRC proposes
to determine that it involves no
significant hazards consideration.
Because this amendment request
contains sensitive unclassified nonsafeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
Submit comments by December
5, 2022. A request for a hearing or
petitions for leave to intervene must be
filed by January 3, 2023. Any potential
party as defined in section 2.4 of title 10
of the Code of Federal Regulations (10
CFR), who believes access to SUNSI is
necessary to respond to this notice must
request document access by November
14, 2022.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0186. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
4037, email: Thomas.Wengert@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
lotter on DSK11XQN23PROD with NOTICES1
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0186 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:
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0186.
• 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
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time (ET), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2022–0186 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 Information
On February 22, 2022, the NRC staff
published a proposed no significant
hazards consideration (NSHC)
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
66329
determination in the Federal Register
(87 FR 9651) for the proposed
amendment. Subsequently, by letters
dated June 2, 2022 (ADAMS Accession
No. ML22153A464) and October 13,
2022 (ADAMS Accession No.
ML22286A249), the licensee provided
additional information that clarified the
scope of the amendment request as
originally noticed in the Federal
Register. Accordingly, this second
proposed NSHC determination
supersedes the original notice in its
entirety.
III. Introduction
The NRC is considering issuance of an
amendment to Renewed Facility
Operating License No. DPR–51, issued
to Entergy Operations, Inc., for
operation of the ANO–1, located in Pope
County, Arkansas.
By letter dated September 30, 2021
(ADAMS Accession No. ML21274A874),
as supplemented by letters dated
December 2, 2021 (ADAMS Accession
No. ML21337A245), June 2, 2022, and
October 13, 2022, Entergy Operations,
Inc. (the licensee) requested a license
amendment for ANO–1. The proposed
amendment would revise the dose
equivalent I–131 and the RCS primary
activity limits required by ANO–1 TS
3.4.12, ‘‘RCS Specific Activity.’’ In
addition, the primary-to-secondary leak
rate limit provided in TS 3.4.13, ‘‘RCS
Operational LEAKAGE,’’ would be
revised. The licensee stated that these
proposed changes are due to nonconservative inputs used in the steam
generator tube rupture accident, the
main steam line break accident, and the
control rod ejection accident dose
calculations.
Before any issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and NRC’s regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in 10 CFR 50.92,
this means that operation of the facility
in accordance with the proposed
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. 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:
E:\FR\FM\03NON1.SGM
03NON1
66330
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed amendment re-analyzes EAB
[exclusion area boundary], LPZ [low
population zone], and CR [control room]
doses for three design basis accidents to
address non-conservative inputs previously
used. There are no plant modifications or
operating procedure changes that would
increase the probability of an accident
previously evaluated. While the revised
doses generally increase, they remain below
the allowable regulatory limits.
Therefore, the proposed changes do 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 amendment changes
accident analysis inputs for calculating dose
consequences at the EAB, LPZ, and CR.
There are no plant modifications or operating
procedure changes.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
Response: No.
The proposed amendment re-analyzes
EAB, LPZ, and CR doses for three design
basis accidents to address non-conservative
inputs used previously. While the revised
doses generally increase, they are below the
allowable regulatory limits. The margin of
safety for the radiological consequences of
these accidents is provided by meeting the
applicable regulatory limits. An acceptable
margin of safety is inherent in these limits.
Therefore, the proposed change does not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves no
significant hazards consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. Any
comments received within 30 days after
the date of publication of this notice
will be considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day notice period if the Commission
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period should
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
make 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.
IV. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any person
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult 10 CFR 2.309. If
a petition is filed, the presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than
60 days from the date of publication of
this notice in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. 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).
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, which
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
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h) no later than 60 days from the
date of publication of this notice.
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).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 (https://
adamswebsearch2.nrc.gov/webSearch2/
main.jsp?AccessionNumber=
ML20340A053) and on the NRC’s public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/
hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings including
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. 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, unless an
exemption permitting an alternative
filing method, as further discussed, is
granted. Detailed guidance on electronic
submissions is located in the ‘‘Guidance
for Electronic Submissions to the NRC’’
(ADAMS Accession No. ML13031A056)
and on the NRC’s public website at
https://www.nrc.gov/site-help/esubmittals.html.
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
E:\FR\FM\03NON1.SGM
03NON1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
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 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. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on
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. ET on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email confirming
receipt of the document. The E-Filing
system also distributes an email 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 to 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 9:00 a.m. and 6:00 p.m., ET,
Monday through Friday, except Federal
holidays.
Participants who believe that they
have 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 in accordance with
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued digital ID certificate as
previously described, 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. 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 should not include
copyrighted materials in their
submission.
For further details with respect to this
action, see the application for license
amendment dated September 30, 2021,
as supplemented on December 2, 2021,
June 2, 2022, and October 13, 2022.
Attorney for licensee: Ms. Anna
Vinson Jones Senior Counsel Entergy
Services, LLC 101 Constitution Avenue
NW, Suite 200 East L–ENT–WDC
Washington, DC 20001.
NRC Branch Chief: Jennifer L. DixonHerrity.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing or opportunity for
hearing, 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
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
66331
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 Licensing,
Hearings, and Enforcement, Office of the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. The expedited delivery
or courier mail address for both offices
is: U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses
for the Office of the Secretary and the
Office of the General Counsel are
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, 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),
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.
E:\FR\FM\03NON1.SGM
03NON1
66332
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
the NRC staff will notify the requestor
in writing that access to SUNSI has been
granted. The written notification will
contain instructions on how the
requestor may obtain copies of the
requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after receipt of (or
access to) that information. However, if
more than 25 days remain between the
petitioner’s receipt of (or access to) the
information and the deadline for filing
all other contentions (as established in
the notice of hearing or opportunity for
hearing), the petitioner may file its
SUNSI contentions by that later
deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing and requisite
need, the NRC staff shall immediately
notify the requestor in writing, briefly
stating the reason or reasons for the
denial.
(2) The 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 this
individual 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 this
individual 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.
I. If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3 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: October 28, 2022.
For the Nuclear Regulatory Commission.
Russell E. Chazell,
Acting 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 ............................
10 ..........................
Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the
standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the 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 Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit
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 Agreements or 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 hearing
or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
60 ..........................
20 ..........................
25 ..........................
30 ..........................
40 ..........................
A ...........................
A + 3 .....................
lotter on DSK11XQN23PROD with NOTICES1
A + 28 ...................
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.
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
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, 78 FR 34247, June 7, 2013)
apply to appeals of NRC staff determinations
(because they must be served on a presiding officer
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff
under these procedures.
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
66333
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/activity
A + 53 ...................
A + 60 ...................
>A + 60 .................
(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.
[FR Doc. 2022–23829 Filed 11–2–22; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2023–30 and CP2023–29]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: November 7,
2022.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
II. Docketed Proceeding(s)
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
lotter on DSK11XQN23PROD with NOTICES1
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
VerDate Sep<11>2014
16:41 Nov 02, 2022
Jkt 259001
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
1. Docket No(s).: MC2023–30 and
CP2023–29; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail, First-Class Package Service &
Parcel Select Contract 77 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: October 28, 2022; Filing Authority:
39 U.S.C. 3642, 39 CFR 3040.130
through 3040.135, and 39 CFR 3035.105;
Public Representative: Kenneth R.
Moeller; Comments Due: November 7,
2022.
This Notice will be published in the
Federal Register.
[FR Doc. 2022–23957 Filed 11–2–22; 8:45 am]
BILLING CODE 7710–FW–P
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
Frm 00077
Fmt 4703
Product Change—Priority Mail
Express, Priority Mail, First-Class
Package Service, and Parcel Select
Service Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice:
November 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on October 27,
2022, it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Express, Priority Mail,
First-Class Package Service, and Parcel
Select Service Contract 75 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2023–28, CP2023–27.
SUMMARY:
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2022–23861 Filed 11–2–22; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Product Change—Priority Mail
Express, Priority Mail, First-Class
Package Service, and Parcel Select
Service Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice:
November 3, 2022.
SUMMARY:
Erica A. Barker,
Secretary.
PO 00000
POSTAL SERVICE
Sfmt 4703
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66328-66333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23829]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-313; NRC-2022-0186]
Entergy Operations, Inc.; Arkansas Nuclear One; Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene; order imposing
procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Renewed Facility Operating License No. DPR-
51, issued to Entergy Operations, Inc., for operation of Arkansas
Nuclear One, Unit 1 (ANO-1). The proposed amendment would revise the
dose equivalent Iodine (I)-131 and the reactor coolant system (RCS)
primary activity limits required by ANO-1 Technical Specification (TS)
3.4.12, ``RCS Specific Activity,'' and the
[[Page 66329]]
primary-to-secondary leak rate limit provided in TS 3.4.13, ``RCS
Operational LEAKAGE.'' For this amendment request, the NRC proposes to
determine that it involves no significant hazards consideration.
Because this amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain
access to SUNSI for contention preparation.
DATES: Submit comments by December 5, 2022. A request for a hearing or
petitions for leave to intervene must be filed by January 3, 2023. Any
potential party as defined in section 2.4 of title 10 of the Code of
Federal Regulations (10 CFR), who believes access to SUNSI is necessary
to respond to this notice must request document access by November 14,
2022.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0186. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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: Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-4037, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0186 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-2022-0186.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0186 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 Information
On February 22, 2022, the NRC staff published a proposed no
significant hazards consideration (NSHC) determination in the Federal
Register (87 FR 9651) for the proposed amendment. Subsequently, by
letters dated June 2, 2022 (ADAMS Accession No. ML22153A464) and
October 13, 2022 (ADAMS Accession No. ML22286A249), the licensee
provided additional information that clarified the scope of the
amendment request as originally noticed in the Federal Register.
Accordingly, this second proposed NSHC determination supersedes the
original notice in its entirety.
III. Introduction
The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. DPR-51, issued to Entergy Operations, Inc., for
operation of the ANO-1, located in Pope County, Arkansas.
By letter dated September 30, 2021 (ADAMS Accession No.
ML21274A874), as supplemented by letters dated December 2, 2021 (ADAMS
Accession No. ML21337A245), June 2, 2022, and October 13, 2022, Entergy
Operations, Inc. (the licensee) requested a license amendment for ANO-
1. The proposed amendment would revise the dose equivalent I-131 and
the RCS primary activity limits required by ANO-1 TS 3.4.12, ``RCS
Specific Activity.'' In addition, the primary-to-secondary leak rate
limit provided in TS 3.4.13, ``RCS Operational LEAKAGE,'' would be
revised. The licensee stated that these proposed changes are due to
non-conservative inputs used in the steam generator tube rupture
accident, the main steam line break accident, and the control rod
ejection accident dose calculations.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed 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. 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:
[[Page 66330]]
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment re-analyzes EAB [exclusion area
boundary], LPZ [low population zone], and CR [control room] doses
for three design basis accidents to address non-conservative inputs
previously used. There are no plant modifications or operating
procedure changes that would increase the probability of an accident
previously evaluated. While the revised doses generally increase,
they remain below the allowable regulatory limits.
Therefore, the proposed changes do 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 amendment changes accident analysis inputs for
calculating dose consequences at the EAB, LPZ, and CR. There are no
plant modifications or operating procedure changes.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed amendment re-analyzes EAB, LPZ, and CR doses for
three design basis accidents to address non-conservative inputs used
previously. While the revised doses generally increase, they are
below the allowable regulatory limits. The margin of safety for the
radiological consequences of these accidents is provided by meeting
the applicable regulatory limits. An acceptable margin of safety is
inherent in these limits. Therefore, the proposed change does not
involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should 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 make 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.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
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, which 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 designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
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).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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
[[Page 66331]]
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 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. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on 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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated September 30, 2021, as
supplemented on December 2, 2021, June 2, 2022, and October 13, 2022.
Attorney for licensee: Ms. Anna Vinson Jones Senior Counsel Entergy
Services, LLC 101 Constitution Avenue NW, Suite 200 East L-ENT-WDC
Washington, DC 20001.
NRC Branch Chief: Jennifer L. Dixon-Herrity.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, 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 Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected], respectively.\1\ The request must
include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the 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, 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),
[[Page 66332]]
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 this individual 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 this
individual 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.
I. If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\ 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.
---------------------------------------------------------------------------
\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, 78 FR 34247, June 7, 2013) 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.
---------------------------------------------------------------------------
It is so ordered.
Dated: October 28, 2022.
For the Nuclear Regulatory Commission.
Russell E. Chazell,
Acting 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 or opportunity for hearing,
including order with instructions for
access requests.
10............................ Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) with
information: supporting the standing of
a potential party identified by name
and address; describing the need for
the information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60............................ Deadline for submitting petition for
intervention containing: (i)
demonstration of standing; and (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7
petitioner/requestor reply).
20............................ U.S. Nuclear Regulatory Commission (NRC)
staff informs the 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 Agreement or Affidavit.
Deadline for applicant/licensee to file
Non-Disclosure Agreement or Affidavit
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 Agreements or 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 hearing or notice of
opportunity for hearing), the
petitioner may file its SUNSI
contentions by that later deadline.
[[Page 66333]]
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. 2022-23829 Filed 11-2-22; 8:45 am]
BILLING CODE 7590-01-P
