Applications for Amendments to Facility Operating 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, 14181-14186 [2023-03293]

Download as PDF Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices The National Transportation Safety Board is holding this meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). Dated: Friday, March 3, 2023. LaSean R. McCray, Assistant Federal Register Liaison Officer. [FR Doc. 2023–04766 Filed 3–3–23; 4:15 pm] BILLING CODE 7533–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0047] Applications for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information Nuclear Regulatory Commission. ACTION: License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of four amendment requests. The amendment requests are for LaSalle County Station, Units 1 and 2; Prairie Island Nuclear Generating Plants, Unit Nos. 1 and 2; Callaway Plant, Unit No. 1; and Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2. For each amendment request, the NRC proposes to determine that it involves no significant hazards consideration (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 April 6, 2023. A request for a hearing or petitions for leave to intervene must be filed by May 8, 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 March 17, 2023. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:34 Mar 06, 2023 Jkt 259001 • Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0047. 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: Shirley Rohrer, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 5411, email: Shirley.Rohrer@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2023– 0047, 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–2023–0047. • 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 14181 send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 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–2023–0047, 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.(1)–(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, 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 E:\FR\FM\07MRN1.SGM 07MRN1 14182 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated, or (3) involve a significant reduction in a margin of safety. 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 on any of these amendments prior to the expiration of either the comment period or the notice period, it will publish a notice of issuance in the Federal Register. If the Commission makes a final no significant hazards consideration determination for any of these amendments, any hearing on those amendments 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 public website at https://www.nrc.gov/reading- VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 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) ddrumheller on DSK120RN23PROD with NOTICES1 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 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. VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 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 a.m. and 6 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 14183 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. The following table provides the plant names, docket numbers, date of application, ADAMS accession number, and location in the application of the licensee’ proposed NSHC determination. For further details with respect to these license amendment applications, see the applications for amendment, publicly available portions of which are available for public inspection in ADAMS. For additional direction on accessing information related to this document, see the ‘‘Obtaining Information and Submitting Comments’’ section of this document. E:\FR\FM\07MRN1.SGM 07MRN1 14184 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices Constellation Energy Generation, LLC; LaSalle County Station, Units 1 and 2; LaSalle 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 ....... 50–373, 50–374. November 10, 2022, as supplemented by letter(s) dated January 10, 2023. ML22332A448 (package), ML23010A227. Pages 6–8 of Attachment 1. The proposed amendments would modify the LaSalle County Station, Units 1 and 2, technical specifications, section 1.0 ‘‘Definitions,’’ Section 3.4.11 ‘‘RCS [Reactor Coolant System] Pressure and Temperature (P/T) Limits,’’ and section 5.0 ‘‘Administrative Controls’’ by replacing the existing reactor vessel heatup and cooldown rate limits and the P/T limit curves with references to the P/T limit report. NSHC. Jason Zorn, Associate General Counsel, Constellation Energy Generation, 4300 Winfield Road, Warrenville, IL 60555. Robert Kuntz, 301–415–3733. Northern States Power Company; Prairie Island Nuclear Generating Plant, Unit Nos. 1 and 2; Goodhue County, MN 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 ....... 50–282, 50–306. December 2, 2022. ML22343A257. Pages 10–12 of Enclosure 1. The proposed amendments would revise Prairie Island Nuclear Generating Plant Technical Specification (TS) 5.6.6, ‘‘Reactor Coolant System (RCS) Pressure and Temperature Limits Report (PTLR),’’ to replace the current PTLR method with more recent analytical methods. Additionally, the proposed amendment would remove from TS 5.6.6 a reference to an American Society of Mechanical Engineers Code Case. NSHC. Peter M. Glass, Assistant General Counsel, Xcel Energy, 414 Nicollet Mall—401–8, Minneapolis, MN 55401. Brent Ballard, 301–415–0680. Union Electric Company; Callaway Plant, Unit No. 1; Callaway County, MO 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 ....... 50–483. October 12, 2022, as supplemented by letter(s) dated December 1, 2022. ML22285A115 (package), ML22335A497 (package). Pages 18–21 of Enclosure 1. The proposed amendment would revise the technical specifications to allow use of Framatome GAIA fuel with M5 as a fuel cladding material. Since the Framatome GAIA fuel will use M5 fuel rod cladding, a 10 CFR 50.46 and 10 CFR part 50, appendix K, exemption request is included as part of this license amendment request. The licensee is implementing a plan that would provide for the option of transitioning from the use of fuel manufactured by Westinghouse Electric Company, as currently used in the Callaway Plant, Unit No. 1 reactor core, to the use of fuel manufactured by Framatome, Inc. NSHC. Jay E. Silberg, Pillsbury Winthrop Shaw Pittman LLP, 1200 17th St. NW, Washington, DC 20036. Mahesh Chawla, 301–415–8371. Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Somervell County, TX Docket No(s) ....................................................... Application Date .................................................. ADAMS Accession No ........................................ Location in Application of NSHC ........................ Brief Description of Amendment(s) .................... ddrumheller on DSK120RN23PROD with NOTICES1 Proposed Determination ..................................... Name of Attorney for Licensee, Mailing Address NRC Project Manager, Telephone Number ....... VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 50–445, 50–446. November 21, 2022. ML22325A324. Pages 7–8 of the Enclosure. The proposed amendments would revise the technical specifications (TSs) to adopt WCAP– 16996–P–A, Revision 1, ‘‘Realistic LOCA [Loss-of-Coolant Accident] Evaluation Methodology Applied to the Full Spectrum of Break Sizes (FULL SPECTRUM LOCA Methodology)’’; to revise the TS reactor core safety limit to reflect the peak fuel centerline melt temperature specified in WCAP–17642–P–A, Revision 1, ‘‘Westinghouse Performance Analysis and Design Model (PAD5)’’; and to revise the TS reactor core fuel assemblies design feature by removing the discussion of Zircalloy fuel rods and ZIRLO lead test assemblies. NSHC. Timothy P. Matthews, Esq., Morgan, Lewis and Bockius LLP, 1111 Pennsylvania Avenue NW, Washington, DC 20004. Dennis Galvin, 301–415–6256. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 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 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 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 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. 2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information for Contention Preparation Constellation Energy Generation, LLC; LaSalle County Station, Units 1 and 2; LaSalle County, IL Northern States Power Company; Prairie Island Nuclear Generating Plant, Unit Nos. 1 and 2; Goodhue County, MN Union Electric Company; Callaway Plant, Unit No. 1; Callaway County, MO ddrumheller on DSK120RN23PROD with NOTICES1 Vistra Operations Company, LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Somervell County, TX VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 14185 (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. 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 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. E:\FR\FM\07MRN1.SGM 07MRN1 14186 Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices 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: February 13, 2023. 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 ............... construction and operation of non-light water reactor designs, including power and non-power reactors. [FR Doc. 2023–03293 Filed 3–6–23; 8:45 am] BILLING CODE 7590–01–P Submit comments by May 8, 2023. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. DATES: NUCLEAR REGULATORY COMMISSION [NRC–2022–0215] Material Compatibility for Non-Light Water Reactors ddrumheller on DSK120RN23PROD with NOTICES1 The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment on its draft Interim Staff Guidance (ISG) ‘‘Material Compatibility for non-Light Water Reactors, DANU– ISG–2023–01.’’ The purpose of this draft ISG is to assist the NRC staff in reviewing certain applications for SUMMARY: VerDate Sep<11>2014 19:49 Mar 06, 2023 Jkt 259001 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–2022–0215. 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 individuals listed ADDRESSES: Nuclear Regulatory Commission. ACTION: Draft interim staff guidance; request for comment. AGENCY: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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: Meg Audrain, telephone: 301–415–2133, email: Margaret.Audrain@nrc.gov and Jordan Hoellman, telephone: 301–415– 5481, email: Jordan.Hoellman2@nrc.gov. Both are staff of the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14181-14186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03293]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2023-0047]


Applications for Amendments to Facility Operating Licenses 
Involving Proposed No Significant Hazards Considerations and Containing 
Sensitive Unclassified Non-Safeguards Information and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of four amendment requests. The amendment requests 
are for LaSalle County Station, Units 1 and 2; Prairie Island Nuclear 
Generating Plants, Unit Nos. 1 and 2; Callaway Plant, Unit No. 1; and 
Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2. For each 
amendment request, the NRC proposes to determine that it involves no 
significant hazards consideration (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 April 6, 2023. A request for a hearing 
or petitions for leave to intervene must be filed by May 8, 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 March 17, 
2023.

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-2023-0047. 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: Shirley Rohrer, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-5411, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0047, 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-2023-0047.
     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 
a.m. and 4 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-2023-0047, 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.(1)-(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, 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

[[Page 14182]]

regulations in 10 CFR 50.92, this means that operation of the facility 
in accordance with the proposed amendments would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated, or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated, or 
(3) involve a significant reduction in a margin of safety. 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 on any of these amendments prior to the 
expiration of either the comment period or the notice period, it will 
publish a notice of issuance in the Federal Register. If the Commission 
makes a final no significant hazards consideration determination for 
any of these amendments, any hearing on those amendments 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 public 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

[[Page 14183]]

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 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 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 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.
    The following table provides the plant names, docket numbers, date 
of application, ADAMS accession number, and location in the application 
of the licensee' proposed NSHC determination. For further details with 
respect to these license amendment applications, see the applications 
for amendment, publicly available portions of which are available for 
public inspection in ADAMS. For additional direction on accessing 
information related to this document, see the ``Obtaining Information 
and Submitting Comments'' section of this document.

[[Page 14184]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
  Constellation Energy Generation, LLC; LaSalle County Station, Units 1
                        and 2; LaSalle County, IL
------------------------------------------------------------------------
Docket No(s).................  50-373, 50-374.
Application Date.............  November 10, 2022, as supplemented by
                                letter(s) dated January 10, 2023.
ADAMS Accession No...........  ML22332A448 (package), ML23010A227.
Location in Application of     Pages 6-8 of Attachment 1.
 NSHC.
Brief Description of           The proposed amendments would modify the
 Amendment(s).                  LaSalle County Station, Units 1 and 2,
                                technical specifications, section 1.0
                                ``Definitions,'' Section 3.4.11 ``RCS
                                [Reactor Coolant System] Pressure and
                                Temperature (P/T) Limits,'' and section
                                5.0 ``Administrative Controls'' by
                                replacing the existing reactor vessel
                                heatup and cooldown rate limits and the
                                P/T limit curves with references to the
                                P/T limit report.
Proposed Determination.......  NSHC.
Name of Attorney for           Jason Zorn, Associate General Counsel,
 Licensee, Mailing Address.     Constellation Energy Generation, 4300
                                Winfield Road, Warrenville, IL 60555.
NRC Project Manager,           Robert Kuntz, 301-415-3733.
 Telephone Number.
------------------------------------------------------------------------
 Northern States Power Company; Prairie Island Nuclear Generating Plant,
                  Unit Nos. 1 and 2; Goodhue County, MN
------------------------------------------------------------------------
Docket No(s).................  50-282, 50-306.
Application Date.............  December 2, 2022.
ADAMS Accession No...........  ML22343A257.
Location in Application of     Pages 10-12 of Enclosure 1.
 NSHC.
Brief Description of           The proposed amendments would revise
 Amendment(s).                  Prairie Island Nuclear Generating Plant
                                Technical Specification (TS) 5.6.6,
                                ``Reactor Coolant System (RCS) Pressure
                                and Temperature Limits Report (PTLR),''
                                to replace the current PTLR method with
                                more recent analytical methods.
                                Additionally, the proposed amendment
                                would remove from TS 5.6.6 a reference
                                to an American Society of Mechanical
                                Engineers Code Case.
Proposed Determination.......  NSHC.
Name of Attorney for           Peter M. Glass, Assistant General
 Licensee, Mailing Address.     Counsel, Xcel Energy, 414 Nicollet Mall--
                                401-8, Minneapolis, MN 55401.
NRC Project Manager,           Brent Ballard, 301-415-0680.
 Telephone Number.
------------------------------------------------------------------------
 Union Electric Company; Callaway Plant, Unit No. 1; Callaway County, MO
------------------------------------------------------------------------
Docket No(s).................  50-483.
Application Date.............  October 12, 2022, as supplemented by
                                letter(s) dated December 1, 2022.
ADAMS Accession No...........  ML22285A115 (package), ML22335A497
                                (package).
Location in Application of     Pages 18-21 of Enclosure 1.
 NSHC.
Brief Description of           The proposed amendment would revise the
 Amendment(s).                  technical specifications to allow use of
                                Framatome GAIA fuel with M5 as a fuel
                                cladding material. Since the Framatome
                                GAIA fuel will use M5 fuel rod cladding,
                                a 10 CFR 50.46 and 10 CFR part 50,
                                appendix K, exemption request is
                                included as part of this license
                                amendment request. The licensee is
                                implementing a plan that would provide
                                for the option of transitioning from the
                                use of fuel manufactured by Westinghouse
                                Electric Company, as currently used in
                                the Callaway Plant, Unit No. 1 reactor
                                core, to the use of fuel manufactured by
                                Framatome, Inc.
Proposed Determination.......  NSHC.
Name of Attorney for           Jay E. Silberg, Pillsbury Winthrop Shaw
 Licensee, Mailing Address.     Pittman LLP, 1200 17th St. NW,
                                Washington, DC 20036.
NRC Project Manager,           Mahesh Chawla, 301-415-8371.
 Telephone Number.
------------------------------------------------------------------------
 Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit
                   Nos. 1 and 2; Somervell County, TX
------------------------------------------------------------------------
Docket No(s).................  50-445, 50-446.
Application Date.............  November 21, 2022.
ADAMS Accession No...........  ML22325A324.
Location in Application of     Pages 7-8 of the Enclosure.
 NSHC.
Brief Description of           The proposed amendments would revise the
 Amendment(s).                  technical specifications (TSs) to adopt
                                WCAP-16996-P-A, Revision 1, ``Realistic
                                LOCA [Loss-of-Coolant Accident]
                                Evaluation Methodology Applied to the
                                Full Spectrum of Break Sizes (FULL
                                SPECTRUM LOCA Methodology)''; to revise
                                the TS reactor core safety limit to
                                reflect the peak fuel centerline melt
                                temperature specified in WCAP-17642-P-A,
                                Revision 1, ``Westinghouse Performance
                                Analysis and Design Model (PAD5)''; and
                                to revise the TS reactor core fuel
                                assemblies design feature by removing
                                the discussion of Zircalloy fuel rods
                                and ZIRLO lead test assemblies.
Proposed Determination.......  NSHC.
Name of Attorney for           Timothy P. Matthews, Esq., Morgan, Lewis
 Licensee, Mailing Address.     and Bockius LLP, 1111 Pennsylvania
                                Avenue NW, Washington, DC 20004.
NRC Project Manager,           Dennis Galvin, 301-415-6256.
 Telephone Number.
------------------------------------------------------------------------


[[Page 14185]]

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

Constellation Energy Generation, LLC; LaSalle County Station, Units 1 
and 2; LaSalle County, IL

Northern States Power Company; Prairie Island Nuclear Generating Plant, 
Unit Nos. 1 and 2; Goodhue County, MN

Union Electric Company; Callaway Plant, Unit No. 1; Callaway County, MO

Vistra Operations Company, LLC; Comanche Peak Nuclear Power Plant, Unit 
Nos. 1 and 2; Somervell County, TX

    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), 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.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

    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

[[Page 14186]]

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: February 13, 2023.

    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.
------------------------------------------------------------------------

[FR Doc. 2023-03293 Filed 3-6-23; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.