80 FR 13030 - Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 48 (March 12, 2015)

Page Range		13030-13035
FR Document		2015-05679
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License No. DPR- 35, issued to Entergy Nuclear Operations, Inc., for operation of the Pilgrim Nuclear Power Station. The proposed amendment would modify the Safety Limit Minimum Critical Power Ratio from >= 1.08 to >= 1.10 for two recirculation loop operation and from >= 1.11 to >= 1.12 for single loop operation.
Federal Register, Volume 80 Issue 48 (Thursday, March 12, 2015)
[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13030-13035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05679]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293; NRC-2015-0053]


Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Renewed Facility Operating License No. DPR-
35, issued to Entergy Nuclear Operations, Inc., for operation of the 
Pilgrim Nuclear Power Station. The proposed amendment would modify the 
Safety Limit Minimum Critical Power Ratio from >= 1.08 to >= 1.10 for 
two recirculation loop operation and from >= 1.11 to >= 1.12 for single 
loop operation.

DATES: Submit comments by April 13, 2015. A request for a hearing must 
be filed by May 11, 2015. Any potential party as defined in Sec.  2.1 
of Title 10 of the Code of Federal Regulations (10 CFR) who believes 
access to Sensitive Unclassified Non-Safeguards Information is 
necessary to respond to this notice must request document access by 
March 23, 2015.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0053. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments,

[[Page 13031]]

see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Nadiyah Morgan, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1016, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0053 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0053.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 the 
SUPPLEMENTARY INFORMATION section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0053 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 posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License No. DPR-35, issued to Entergy Nuclear Operations, 
Inc., the licensee, for operation of the Pilgrim Nuclear Power Station, 
located in Plymouth, Massachusetts.
    By letter dated December 10, 2014 (ADAMS Accession No. ML14349A495 
and ML14349A496), as supplemented by letter dated February 13, 2015 
(ADAMS Accession No. ML15050A245), the licensee submitted an 
application for a license amendment request. The proposed amendment 
would modify the Safety Limit Minimum Critical Power Ratio (SLMCPR) 
from >=1.08 to >=1.10 for two recirculation loop operation and from 
>=1.11 to >=1.12 for single loop operation.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in 50.92(c), this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

1. Does the proposed change involve a significant increase in the 
probability or consequences of an accident previously evaluated?

    The proposed SLMCPR, and its use to determine the Operating 
Cycle 21 thermal limits, have been derived using NRC approved 
methods specified in the Reference section of the Technical 
Specification Bases Section for 2.0 SAFETY LIMITS. These methods do 
not change the method of operating the plant and have no effect on 
the probability of an accident initiating event or transient.
    The basis of the SLMCPR is to ensure no mechanistic fuel damage 
is calculated to occur if the limit is not violated. The new SLMCPR 
preserves the margin to transition boiling, and the probability of 
fuel damage is not increased.
    Therefore, the proposed changes to Technical Specifications do 
not involve an increase in the probability or consequences of an 
accident previously evaluated.

2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?

    The proposed changes result only from the analysis for the Cycle 
21 core reload using methods described in NEDE24011 P-A (GESTAR II). 
These methods have been reviewed and approved by the NRC, do not 
involve any new or unapproved method for operating the facility, and 
do not involve any facility modifications. No new initiating events 
or transients result from these changes.
    Therefore, the proposed changes to technical specifications do 
not create the possibility of a new or different kind of accident 
from any accident previously evaluated.

3. Does the proposed change involve a significant reduction in a margin 
of safety?

    The margin of safety as defined in the TS [Technical 
Specification] bases will remain the same. The new SLMCPR was 
derived using NRC approved methods which are in accordance with the 
current fuel design and licensing criteria. The SLMCPR remains high 
enough to ensure that greater than 99.9% of all fuel rods in the 
core will avoid transition boiling if the limit is not violated, 
thereby preserving the fuel cladding integrity.
    Therefore, the proposed changes to technical specifications do 
not involve a significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a no significant hazards 
consideration.
    The Commission is seeking public comments on this proposed 
determination that the license amendment request involves no 
significant hazards consideration. Any comments received by April 13, 
2015, will be considered in making any final determination. You may 
submit comments using any of the methods discussed under the ADDRESSES 
section of this document.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no

[[Page 13032]]

significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period should circumstances change during the 30-day comment period 
such that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. Should the Commission take action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
Should the Commission make a final No Significant Hazards Consideration 
Determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. The hearing request or petition must 
specifically explain the reasons why intervention should be permitted, 
with particular reference to the following general requirements: (1) 
The name, address, and telephone number of the requestor or petitioner; 
(2) the nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requestor's/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 requestor's/petitioner's 
interest. The hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for 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, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Hearing requests or petitions for leave to intervene must be filed 
no later than 60 days from the date of publication of this notice. 
Requests for hearing, petitions for leave to intervene, and motions for 
leave to file new or amended contentions that are filed after the 60-
day 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)-(iii).
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held 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 any 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.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). 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. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-

[[Page 13033]]

issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://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 Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Non-timely filings 
will not be entertained absent a determination by the presiding officer 
that the petition or request should be granted or the contentions 
should be admitted, based on a balancing of the factors specified in 10 
CFR 2.309(c)(1)(i)-(iii).
    Attorney for licensee: Ms. Jeanne Cho, Assistant General Counsel, 
Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, 
New York 10601.
    NRC Branch Chief: Benjamin G. Beasley.

Pilgrim Nuclear Power Station, Plymouth County, Massachusetts Order 
Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. 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 requester 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 Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission,

[[Page 13034]]

11555 Rockville Pike, Rockville, Maryland 20852. The email address for 
the Office of the Secretary and the Office of the General Counsel are 
[email protected] and [email protected], respectively.\1\ The 
request must include the following information:
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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 requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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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 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted 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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    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 need for access, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been 
designated to rule on information access issues.
    H. Review of Grants of Access. A party other than the requester 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 with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    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\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 6th day of March, 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
             Day                            Event/Activity
------------------------------------------------------------------------
0...........................  Publication of Federal Register notice of
                               hearing and opportunity to petition for
                               leave to intervene, including order with
                               instructions for access requests.
10..........................  Deadline for submitting requests for
                               access to 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).

[[Page 13035]]

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

[FR Doc. 2015-05679 Filed 3-11-15; 8:45 am]
 BILLING CODE 7590-01-P
13032 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices

significant hazards consideration. In requestor/petitioner seeks to have entertained absent a determination by
addition, the Commission may issue the litigated at the proceeding. the presiding officer that the filing
amendment prior to the expiration of For each contention, the requestor/ demonstrates good cause by satisfying
the 30-day comment period should petitioner must provide a specific the three factors in 10 CFR
circumstances change during the 30-day statement of the issue of law or fact to 2.309(c)(1)(i)-(iii).
comment period such that failure to act be raised or controverted, as well as a If a hearing is requested, the
in a timely way would result, for brief explanation of the basis for the Commission will make a final
example, in derating or shutdown of the contention. Additionally, the requestor/ determination on the issue of no
facility. Should the Commission take petitioner must demonstrate that the significant hazards consideration. The
action prior to the expiration of either issue raised by each contention is final determination will serve to decide
the comment period or the notice within the scope of the proceeding and when the hearing is held. If the final
period, it will publish in the Federal is material to the findings that the NRC determination is that the amendment
Register a notice of issuance. Should the must make to support the granting of a request involves no significant hazards
Commission make a final No Significant license amendment in response to the consideration, the Commission may
Hazards Consideration Determination, application. The hearing request or issue the amendment and make it
any hearing will take place after petition must also include a concise immediately effective, notwithstanding
issuance. The Commission expects that statement of the alleged facts or expert the request for a hearing. Any hearing
the need to take this action will occur opinion that support the contention and held would take place after issuance of
very infrequently. on which the requestor/petitioner the amendment. If the final
intends to rely at the hearing, together determination is that the amendment
III. Opportunity To Request a Hearing with references to those specific sources request involves a significant hazards
and Petition for Leave To Intervene and documents. The hearing request or consideration, then any hearing held
Within 60 days after the date of petition must provide sufficient would take place before the issuance of
publication of this Federal Register information to show that a genuine any amendment unless the Commission
notice, any person whose interest may dispute exists with the applicant on a finds an imminent danger to the health
be affected by this proceeding and who material issue of law or fact, including or safety of the public, in which case it
desires to participate as a party in the references to specific portions of the will issue an appropriate order or rule
proceeding must file a written request application for amendment that the under 10 CFR part 2.
for hearing or a petition for leave to petitioner disputes and the supporting
intervene specifying the contentions IV. Electronic Submissions (E-Filing)
reasons for each dispute. If the
which the person seeks to have litigated requestor/petitioner believes that the All documents filed in NRC
in the hearing with respect to the application for amendment fails to adjudicatory proceedings, including a
license amendment request. Requests contain information on a relevant matter request for hearing, a petition for leave
for hearing and petitions for leave to as required by law, the requestor/ to intervene, any motion or other
intervene shall be filed in accordance petitioner must identify each failure and document filed in the proceeding prior
with the NRC’s ‘‘Agency Rules of the supporting reasons for the to the submission of a request for
Practice and Procedure’’ in 10 CFR part requestor’s/petitioner’s belief. Each hearing or petition to intervene, and
2. Interested person(s) should consult a contention must be one which, if documents filed by interested
current copy of 10 CFR 2.309, which is proven, would entitle the requestor/ governmental entities participating
available at the NRC’s PDR. The NRC’s petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in
regulations are accessible electronically petitioner who does not satisfy these accordance with the NRC’s E-Filing rule
from the NRC Library on the NRC’s Web requirements for at least one contention (72 FR 49139; August 28, 2007). The E-
site at http://www.nrc.gov/reading-rm/ will not be permitted to participate as a Filing process requires participants to
doc-collections/cfr/. party. submit and serve all adjudicatory
As required by 10 CFR 2.309, a Those permitted to intervene become documents over the internet, or in some
request for hearing or petition for leave parties to the proceeding, subject to any cases to mail copies on electronic
to intervene must set forth with limitations in the order granting leave to storage media. Participants may not
particularity the interest of the intervene, and have the opportunity to submit paper copies of their filings
petitioner in the proceeding and how participate fully in the conduct of the unless they seek an exemption in
that interest may be affected by the hearing with respect to resolution of accordance with the procedures
results of the proceeding. The hearing that person’s admitted contentions, described below.
request or petition must specifically including the opportunity to present To comply with the procedural
explain the reasons why intervention evidence and to submit a cross- requirements of E-Filing, at least 10
should be permitted, with particular examination plan for cross-examination days prior to the filing deadline, the
reference to the following general of witnesses, consistent with NRC participant should contact the Office of
requirements: (1) The name, address, regulations, policies, and procedures. the Secretary by email at
and telephone number of the requestor The Atomic Safety and Licensing Board hearing.docket@nrc.gov, or by telephone
or petitioner; (2) the nature of the will set the time and place for any at 301–415–1677, to request (1) a digital
requestor’s/petitioner’s right under the prehearing conferences and evidentiary identification (ID) certificate, which
Act to be made a party to the hearings, and the appropriate notices allows the participant (or its counsel or
proceeding; (3) the nature and extent of will be provided. representative) to digitally sign
asabaliauskas on DSK5VPTVN1PROD with NOTICES

the requestor’s/petitioner’s property, Hearing requests or petitions for leave documents and access the E-Submittal
financial, or other interest in the to intervene must be filed no later than server for any proceeding in which it is
proceeding; and (4) the possible effect of 60 days from the date of publication of participating; and (2) advise the
any decision or order which may be this notice. Requests for hearing, Secretary that the participant will be
entered in the proceeding on the petitions for leave to intervene, and submitting a request or petition for
requestor’s/petitioner’s interest. The motions for leave to file new or hearing (even in instances in which the
hearing request or petition must also amended contentions that are filed after participant, or its counsel or
include the specific contentions that the the 60-day deadline will not be representative, already holds an NRC-

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13034 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices

11555 Rockville Pike, Rockville, those documents. These conditions may with jurisdiction pursuant to 10 CFR
Maryland 20852. The email address for include, but are not limited to, the 2.318(a); or (c) officer if that officer has
the Office of the Secretary and the signing of a Non-Disclosure Agreement been designated to rule on information
Office of the General Counsel are or Affidavit, or Protective Order 2 setting access issues.
Hearing.Docket@nrc.gov and forth terms and conditions to prevent H. Review of Grants of Access. A
OGCmailcenter@nrc.gov, respectively.1 the unauthorized or inadvertent party other than the requester may
The request must include the following disclosure of SUNSI by each individual challenge an NRC staff determination
information: who will be granted access to SUNSI. granting access to SUNSI whose release
(1) A description of the licensing F. Filing of Contentions. Any would harm that party’s interest
action with a citation to this Federal contentions in these proceedings that independent of the proceeding. Such a
Register notice; are based upon the information received challenge must be filed with the Chief
(2) The name and address of the as a result of the request made for Administrative Judge within 5 days of
potential party and a description of the SUNSI must be filed by the requestor no the notification by the NRC staff of its
potential party’s particularized interest later than 25 days after the requestor is grant of access.
that could be harmed by the action granted access to that information.
identified in C.(1); and If challenges to the NRC staff
However, if more than 25 days remain determinations are filed, these
(3) The identity of the individual or between the date the petitioner is
entity requesting access to SUNSI and procedures give way to the normal
granted access to the information and process for litigating disputes
the requester’s basis for the need for the the deadline for filing all other
information in order to meaningfully concerning access to information. The
contentions (as established in the notice availability of interlocutory review by
participate in this adjudicatory of hearing or opportunity for hearing),
proceeding. In particular, the request the Commission of orders ruling on
the petitioner may file its SUNSI such NRC staff determinations (whether
must explain why publicly-available
contentions by that later deadline. This granting or denying access) is governed
versions of the information requested
provision does not extend the time for by 10 CFR 2.311.3
would not be sufficient to provide the
filing a request for a hearing and
basis and specificity for a proffered I. The Commission expects that the
petition to intervene, which must
contention. NRC staff and presiding officers (and
D. Based on an evaluation of the comply with the requirements of 10 CFR
any other reviewing officers) will
information submitted under paragraph 2.309.
consider and resolve requests for access
C.(3) the NRC staff will determine G. Review of Denials of Access. to SUNSI, and motions for protective
within 10 days of receipt of the request (1) If the request for access to SUNSI orders, in a timely fashion in order to
whether: is denied by the NRC staff after a minimize any unnecessary delays in
(1) There is a reasonable basis to determination on standing and need for identifying those petitioners who have
believe the petitioner is likely to access, the NRC staff shall immediately standing and who have propounded
establish standing to participate in this notify the requestor in writing, briefly contentions meeting the specificity and
NRC proceeding; and stating the reason or reasons for the basis requirements in 10 CFR part 2.
(2) The requestor has established a denial. Attachment 1 to this Order summarizes
legitimate need for access to SUNSI. (2) The requester may challenge the the general target schedule for
E. If the NRC staff determines that the NRC staff’s adverse determination by processing and resolving requests under
requestor satisfies both D.(1) and D.(2) filing a challenge within 5 days of these procedures.
above, the NRC staff will notify the receipt of that determination with: (a)
It is so ordered.
requestor in writing that access to The presiding officer designated in this
SUNSI has been granted. The written proceeding; (b) if no presiding officer Dated at Rockville, Maryland, this 6th day
notification will contain instructions on has been appointed, the Chief of March, 2015.
how the requestor may obtain copies of Administrative Judge, or if he or she is For the Nuclear Regulatory Commission.
the requested documents, and any other unavailable, another administrative Annette L. Vietti-Cook,
conditions that may apply to access to judge, or an administrative law judge Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/Activity

0 ................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instruc-
tions 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 formula-
tion does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
asabaliauskas on DSK5VPTVN1PROD with NOTICES

1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non- 3 Requesters should note that the filing

intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must requirements of the NRC’s E-Filing Rule (72 FR
filing requirements of the NRC’s ‘‘E-Filing Rule,’’ be filed with the presiding officer or the Chief 49139; August 28, 2007) apply to appeals of NRC
the initial request to access SUNSI under these Administrative Judge if the presiding officer has not staff determinations (because they must be served
procedures should be submitted as described in this yet been designated, within 30 days of the deadline on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
paragraph. for the receipt of the written access request.
submitted to the NRC staff under these procedures.

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Document Created: 2018-02-21 09:36:10
Document Modified: 2018-02-21 09:36:10
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order.
Dates		Submit comments by April 13, 2015. A request for a hearing must be filed by May 11, 2015. Any potential party as defined in Sec. 2.1 of Title 10 of the Code of Federal Regulations (10 CFR) who believes access to Sensitive Unclassified Non-Safeguards Information is necessary to respond to this notice must request document access by March 23, 2015.
Contact		Nadiyah Morgan, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1016, email: [email protected]
FR Citation		80 FR 13030