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, 74665-74670 [2022-25851]
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
Reauthorization Act of 2010 § 505,
codified in the National Science
Foundation Act of 1950, as amended,
the National Center for Science and
Engineering Statistics (NCSES) serves as
a central Federal clearinghouse for the
collection, interpretation, analysis, and
dissemination of objective data on
science, engineering, technology, and
research and development for use by
practitioners, researchers, policymakers,
and the public.
NCSES is the primary sponsor of the
Survey of Doctorate Recipients (SDR);
the National Institutes of Health (NIH)
serves as a co-sponsor. The SDR has
been conducted biennially since 1973
and is a longitudinal survey. The 2023
SDR will consist of a sample of
individuals under 76 years of age who
have earned a research doctoral degree
in a science, engineering, or health
(SEH) field from a U.S. academic
institution. The purpose of this panel
survey is to collect data to provide
national estimates on the doctoral
science and engineering workforce and
changes in their employment,
education, and demographic
characteristics. NCSES uses these data
to prepare essential congressionally
mandated reports (explained below).
Government agencies and academic
researchers use SDR data and
publications to make planning decisions
regarding science and engineering
research, training, and employment
opportunities. Employers also use the
SDR to understand trends in
employment sectors, industry types, and
salary. Students who want to learn
about the relationship between graduate
education and careers often obtain
valuable information from the SDR. Data
and publications from the SDR are
available to the public on the NCSES
website: https://www.nsf.gov/statistics/
srvydoctoratework/. The first SDR
longitudinal data products were
released in 2022.
The SDR will collect data by web
survey, mail questionnaire, and
computer-assisted telephone interviews
beginning in June 2023. The survey will
be collected in conformance with the
Confidential Information Protection and
Statistical Efficiency Act (CIPSEA) of
2018 and the individual’s response to
the survey is voluntary. NCSES will
ensure that all information collected
will be kept strictly confidential and
will be used only for statistical
purposes.
Use of the Information: NCSES uses
the information from the SDR to prepare
two congressionally mandated reports:
Diversity and STEM: Women,
Minorities, and Persons with Disabilities
and Science and Engineering Indicators.
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NCSES publishes statistics from the
SDR in many reports, primarily in the
biennial series, Characteristics of
Scientists and Engineers with U.S.
Doctorates. As with prior SDR data
collections, a cross-sectional public
release file of collected data designed to
protect respondent confidentiality will
be made available to researchers on the
NCSES website: https://
ncsesdata.nsf.gov/datadownload/.
Expected Respondents: The U.S.
Office of Management and Budget
(OMB) previously directed that NCSES
enhance and expand the sample to
measure employment outcomes by the
fine field of degree taxonomy used in
the Survey of Earned Doctorates (SED).
NCSES initiated this change in the 2015
cycle and has since maintained it by
developing a detailed field of degree
taxonomy based on the SED fine fields
that is aggregated to a level that is
reportable and sustainable. (For
information defining these fields, see
the survey technical notes.) The SDR
sample is drawn using the SED as a
frame. The SDR uses a fixed panel
design with a sample of new doctoral
graduates added to the panel in each
biennial survey cycle. The sample
stratification, allocation, and estimation
precision targets are described in the
survey description.
For the 2023 SDR, a statistical sample
of approximately 130,000 individuals
with U.S. earned doctorates in science,
engineering, or health will be contacted.
The sample consists of all eligible cases
from the previous cycle (115,000) after
removing cases that have never
responded (6,700), including those from
the 2017 SDR new sample and the 2019
SDR supplemental sample, as well as a
sample of 10,000 new doctoral
graduates. In addition, the sample
includes 5,000 cases that will be part of
a non-production bridge panel designed
to quantify the potential impact of
question wording modifications on key
survey estimates. For 2023, the new
graduate sample received their U.S.
doctorate between July 2019 and June
2021. Across the full sample, NCSES
estimates approximately 88% of
individuals will reside in the U.S. and
the remaining 12% will reside abroad.
Estimate of Burden: NCSES expects
the overall 2023 SDR response rate to be
approximately 70 percent. The amount
of time to complete the questionnaire
may vary depending on an individual’s
circumstances; however, based on 2021
SDR completion times and the potential
addition of new retirement-related items
for a subsample of respondents, NCSES
estimates an average completion time of
approximately 25 minutes. NCSES
estimates that the average annual
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burden for the 2023 survey cycle over
the course of the three-year OMB
clearance period will be no more than
12,639 hours [(130,000 individuals ×
70% response × 25 minutes)/60
minutes/3 years].
Comments: Comments are invited on
(a) whether the proposed collection of
information is necessary for the proper
performance of the functions of NCSES,
including whether the information shall
have practical utility; (b) the accuracy of
NCSES’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, including through the use
of automated collection techniques or
other forms of information technology;
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.
Dated: November 30, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2022–26422 Filed 12–5–22; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0199]
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 three
amendment requests. The amendment
requests are for Joseph M. Farley
Nuclear Plant, Units 1 and 2; Byron
Station, Unit 2; and Beaver Valley
Power Station, Units 1 and 2. For each
amendment request, the NRC proposes
to determine that they involve no
significant hazards consideration
SUMMARY:
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(NSHC). Because each amendment
request contains sensitive unclassified
non-safeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation by persons who file a
hearing request or petition for leave to
intervene.
DATES: Comments must be filed by
January 5, 2023. A request for a hearing
or petitions for leave to intervene must
be filed by February 6, 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 December 16, 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–2022–0199. 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:
Kathleen Entz, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–2464, email:
Kathleen.Entz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2022–
0199, 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–2022–0199.
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• 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 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 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–2022–0199, 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
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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 NSHC,
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
NSHC. 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 in this
notice.
The Commission is seeking public
comments on these proposed
determinations. 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 any of these
license amendments before expiration of
the 60-day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue any of these
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
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consideration determination for any of
these amendments, 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 any of these actions may file
a request for a hearing and petition for
leave to intervene (petition) with respect
to that 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 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 that 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 that 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 that, if proven, would entitle the
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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 NSHC, the
Commission will make a final
determination on the issue of NSHC.
The final determination will serve to
establish when the hearing is held. If the
final determination is that the
amendment request involves NSHC, 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
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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 petition is submitted, 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
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
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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 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 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 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.
Constellation Energy Generation, LLC; Byron Station, Unit 2; Will County, IL
Docket No(s) .............................................................
Application Date ........................................................
ADAMS Accession No ..............................................
Location in Application of NSHC ...............................
Brief Description of Amendment(s) ...........................
Proposed Determination ............................................
Name of Attorney for Licensee, Mailing Address .....
NRC Project Manager, Telephone Number ..............
50–455.
August 31, 2022.
ML22243A094.
Attachment 1, Pages 13–16.
The amendment proposes to revise language in Byron Station technical specification (TS)
2.1.1, ‘‘Reactor Core SLs [Safety Limits],’’ and TS 4.2.1, ‘‘Fuel Assemblies,’’ to allow a
previously irradiated accident tolerant fuel lead test assembly to be further irradiated
during Byron Station, Unit 2, Cycle 25, starting in the fall 2023.
NSHC.
Jason Zorn, Associate General Counsel, Constellation Energy Generation, 101 Constitution Ave NW, Washington, DC 20001.
Joel Wiebe, 301–415–6606.
Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Beaver Valley Power Station, Units 1 and 2; Beaver County,
PA
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Docket No(s) .............................................................
Application Date ........................................................
ADAMS Accession No ..............................................
Location in Application of NSHC ...............................
Brief Description of Amendment(s) ...........................
Proposed Determination ............................................
Name of Attorney for Licensee, Mailing Address .....
NRC Project Manager, Telephone Number ..............
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50–334, 50–412.
August 31, 2022.
ML22249A257.
Attachment 1, Pages 6–8.
The proposed amendment requests to revise TS 5.6.3, ‘‘Core Operating Limits Report
(COLR),’’ to add Westinghouse Electric Company LLC Topical Report WCAP–16996–P–
A, Rev, 1. ‘‘Realistic LOCA [Loss of Coolant Accident] Evaluation Methodology Applied
to the Full Spectrum of Break Sizes (FULL SPECTRUM LOCA Methodology),’’ to the list
of approved analytical methods used to determine core operating limits and adds a note
to restrict future use of legacy methods. The proposed amendment would also revise TS
4.2.1, ‘‘Fuel Assemblies,’’ by removing Zircalloy from the list of fuel rod cladding.
NSHC.
Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., 168 E Market Street,
Akron, OH 44308–2014.
Brent Ballard, 301–415–0680.
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
74669
Southern Nuclear Operating Company, Inc.; Joseph M. Farley Nuclear Plant, Units 1 and 2; Houston County, AL
Docket No(s) .............................................................
Application Date ........................................................
ADAMS Accession No ..............................................
Location in Application of NSHC ...............................
Brief Description of Amendment(s) ...........................
Proposed Determination ............................................
Name of Attorney for Licensee, Mailing Address .....
NRC Project Manager, Telephone Number ..............
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
Constellation Energy Generation, LLC;
Byron Station, Unit 2; Will County, IL
Energy Harbor Nuclear Corp. and
Energy Harbor Nuclear Generation LLC;
Beaver Valley Power Station, Units 1
and 2; Beaver County, PA
lotter on DSK11XQN23PROD with NOTICES1
Southern Nuclear Operating Company,
Inc.; Joseph M. Farley Nuclear Plant,
Units 1 and 2; Houston County, AL
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
VerDate Sep<11>2014
17:51 Dec 05, 2022
Jkt 259001
50–348, 50–364.
September 21, 2022.
ML22264A300.
Pages E–5 through E–7 of the Enclosure.
The licensee proposes an amendment to the Joseph M. Farley Nuclear Plant, Units 1 and
2, TS to revise TS 4.3, ‘‘Fuel Storage,’’ to correct tabulated values in the associated
spent fuel pool criticality analysis.
NSHC.
Millicent Ronnlund, Vice President and General Counsel, Southern Nuclear Operating Co.,
Inc., P.O. Box 1295, Birmingham, AL 35201–1295.
John Lamb, 301–415–3100.
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),
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
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
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
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
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.
E:\FR\FM\06DEN1.SGM
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74670
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
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.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
The attachment to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
It is so ordered.
Dated: November 22, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
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.
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 NonDisclosure 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.
(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.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
ACTION:
[FR Doc. 2022–25851 Filed 12–5–22; 8:45 am]
Notice.
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.
SUMMARY:
POSTAL REGULATORY COMMISSION
lotter on DSK11XQN23PROD with NOTICES1
[Docket Nos. MC2023–67 and CP2023–67;
MC2023–68 and CP2023–68]
New Postal Products
AGENCY:
DATES:
Postal Regulatory Commission.
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
17:51 Dec 05, 2022
Jkt 259001
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.
ADDRESSES:
BILLING CODE 7590–01–P
Comments are due: December 8,
2022.
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\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74665-74670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25851]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0199]
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 three amendment requests. The amendment
requests are for Joseph M. Farley Nuclear Plant, Units 1 and 2; Byron
Station, Unit 2; and Beaver Valley Power Station, Units 1 and 2. For
each amendment request, the NRC proposes to determine that they involve
no significant hazards consideration
[[Page 74666]]
(NSHC). Because each amendment request contains sensitive unclassified
non-safeguards information (SUNSI), an order imposes procedures to
obtain access to SUNSI for contention preparation by persons who file a
hearing request or petition for leave to intervene.
DATES: Comments must be filed by January 5, 2023. A request for a
hearing or petitions for leave to intervene must be filed by February
6, 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
December 16, 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-2022-0199. 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: Kathleen Entz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-2464, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0199, 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-2022-0199.
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 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 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-2022-0199, 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 NSHC, 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 NSHC. 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 in this
notice.
The Commission is seeking public comments on these proposed
determinations. 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 any of these license amendments before expiration
of the 60-day period provided that its final determination is that the
amendment involves no significant hazards consideration. In addition,
the Commission may issue any of these 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
[[Page 74667]]
consideration determination for any of these amendments, 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 any of these
actions may file a request for a hearing and petition for leave to
intervene (petition) with respect to that 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 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 that 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 that 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 that, 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 NSHC, the Commission will make a final
determination on the issue of NSHC. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves NSHC, 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 petition is submitted, 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
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
[[Page 74668]]
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
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 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.
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Constellation Energy Generation, LLC; Byron Station, Unit 2; Will
County, IL
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Docket No(s).................... 50-455.
Application Date................ August 31, 2022.
ADAMS Accession No.............. ML22243A094.
Location in Application of NSHC. Attachment 1, Pages 13-16.
Brief Description of The amendment proposes to revise
Amendment(s). language in Byron Station technical
specification (TS) 2.1.1, ``Reactor
Core SLs [Safety Limits],'' and TS
4.2.1, ``Fuel Assemblies,'' to allow
a previously irradiated accident
tolerant fuel lead test assembly to
be further irradiated during Byron
Station, Unit 2, Cycle 25, starting
in the fall 2023.
Proposed Determination.......... NSHC.
Name of Attorney for Licensee, Jason Zorn, Associate General Counsel,
Mailing Address. Constellation Energy Generation, 101
Constitution Ave NW, Washington, DC
20001.
NRC Project Manager, Telephone Joel Wiebe, 301-415-6606.
Number.
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Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC;
Beaver Valley Power Station, Units 1 and 2; Beaver County, PA
------------------------------------------------------------------------
Docket No(s).................... 50-334, 50-412.
Application Date................ August 31, 2022.
ADAMS Accession No.............. ML22249A257.
Location in Application of NSHC. Attachment 1, Pages 6-8.
Brief Description of The proposed amendment requests to
Amendment(s). revise TS 5.6.3, ``Core Operating
Limits Report (COLR),'' to add
Westinghouse Electric Company LLC
Topical Report WCAP-16996-P-A, Rev,
1. ``Realistic LOCA [Loss of Coolant
Accident] Evaluation Methodology
Applied to the Full Spectrum of Break
Sizes (FULL SPECTRUM LOCA
Methodology),'' to the list of
approved analytical methods used to
determine core operating limits and
adds a note to restrict future use of
legacy methods. The proposed
amendment would also revise TS 4.2.1,
``Fuel Assemblies,'' by removing
Zircalloy from the list of fuel rod
cladding.
Proposed Determination.......... NSHC.
Name of Attorney for Licensee, Rick Giannantonio, General Counsel,
Mailing Address. Energy Harbor Nuclear Corp., 168 E
Market Street, Akron, OH 44308-2014.
NRC Project Manager, Telephone Brent Ballard, 301-415-0680.
Number.
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[[Page 74669]]
Southern Nuclear Operating Company, Inc.; Joseph M. Farley Nuclear
Plant, Units 1 and 2; Houston County, AL
------------------------------------------------------------------------
Docket No(s).................... 50-348, 50-364.
Application Date................ September 21, 2022.
ADAMS Accession No.............. ML22264A300.
Location in Application of NSHC. Pages E-5 through E-7 of the
Enclosure.
Brief Description of The licensee proposes an amendment to
Amendment(s). the Joseph M. Farley Nuclear Plant,
Units 1 and 2, TS to revise TS 4.3,
``Fuel Storage,'' to correct
tabulated values in the associated
spent fuel pool criticality analysis.
Proposed Determination.......... NSHC.
Name of Attorney for Licensee, Millicent Ronnlund, Vice President and
Mailing Address. General Counsel, Southern Nuclear
Operating Co., Inc., P.O. Box 1295,
Birmingham, AL 35201-1295.
NRC Project Manager, Telephone John Lamb, 301-415-3100.
Number.
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Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Constellation Energy Generation, LLC; Byron Station, Unit 2; Will
County, IL Energy Harbor Nuclear Corp. and Energy Harbor Nuclear
Generation LLC; Beaver Valley Power Station, Units 1 and 2; Beaver
County, PA
Southern Nuclear Operating Company, Inc.; Joseph M. Farley Nuclear
Plant, Units 1 and 2; Houston County, AL
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:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(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), 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.
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\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.
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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
[[Page 74670]]
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.
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\
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\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.
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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: November 22, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
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.
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.
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[FR Doc. 2022-25851 Filed 12-5-22; 8:45 am]
BILLING CODE 7590-01-P
