80_FR_38900 80 FR 38771 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

80 FR 38771 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38771-38780
FR Document2015-16223

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of eight amendment requests. The amendment requests are for Peach Bottom Atomic Power Station, Unit 3; Beaver Valley Power Station, Units Nos. 1 and 2; Monticello Nuclear Generating Plant; Fort Calhoun Station, Unit No. 1; Salem Nuclear Generating Station, Unit Nos. 1 and 2; Susquehanna Steam Electric Station, Unit Nos. 1 and 2; Browns Ferry Nuclear Plant, Unit 3; and Callaway Plant, Unit 1. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. In addition, each amendment request contains sensitive unclassified non-safeguards information (SUNSI).

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38771-38780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16223]



[[Page 38771]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0154]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; 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) received and is 
considering approval of eight amendment requests. The amendment 
requests are for Peach Bottom Atomic Power Station, Unit 3; Beaver 
Valley Power Station, Units Nos. 1 and 2; Monticello Nuclear Generating 
Plant; Fort Calhoun Station, Unit No. 1; Salem Nuclear Generating 
Station, Unit Nos. 1 and 2; Susquehanna Steam Electric Station, Unit 
Nos. 1 and 2; Browns Ferry Nuclear Plant, Unit 3; and Callaway Plant, 
Unit 1. For each amendment request, the NRC proposes to determine that 
they involve no significant hazards consideration. In addition, each 
amendment request contains sensitive unclassified non-safeguards 
information (SUNSI).

DATES: Comments must be filed by August 6, 2015. A request for a 
hearing must be filed by September 8, 2015. Any potential party as 
defined in Sec.  2.4 of Title 10 of the Code of Federal Regulations (10 
CFR), who believes access to SUNSI is necessary to respond to this 
notice must request document access by July 17, 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-2015-0154. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384, email: Janet.Burkhardt@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0154 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-2015-0154.
     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 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 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-2015-0154, facility name, unit 
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 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. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.

[[Page 38772]]

    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 period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish a notice of issuance in 
the Federal Register. 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.

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

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission'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, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. 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/. If a request for a hearing or petition for leave to intervene is 
filed within 60 days, the Commission or a presiding officer designated 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel, will rule on the request and/or 
petition; and the Secretary or the Chief Administrative Judge of the 
Atomic Safety and Licensing Board will issue a notice of a hearing or 
an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall 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 petition should 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 petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at 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 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements 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, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to 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.

B. 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 hearing.docket@nrc.gov, 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-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

[[Page 38773]]

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 
MSHD.Resource@nrc.gov, 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, in some instances, 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. 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).
    For further details with respect to this amendment action, see the 
application for amendment which is available for public inspection at 
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to 
pdr.resource@nrc.gov.

Exelon Generation Company, LLC, and PSEG Nuclear LLC, Docket No. 50-
278, Peach Bottom Atomic Power Station (PBAPS), Unit 3, York and 
Lancaster Counties, Pennsylvania
    Date of amendment request: April 30, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15120A290.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise the Technical Specifications related to the 
Safety Limit Minimum Critical Power Ratios. The proposed changes result 
from a cycle-specific analysis performed to support the operation of 
PBAPS Unit 3, in the upcoming Cycle 21. The re-analysis was performed 
to accommodate operation in the Maximum Extended Load Line Limit 
Analysis Plus (MELLLA+) operating domain based on a separate license 
amendment request (LAR) dated September 4, 2014 (ADAMS Accession No. 
ML14247A503, redacted to remove proprietary information).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below with NRC staff edits in square 
brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or

[[Page 38774]]

consequences of an accident previously evaluated?
    Response: No.
    The derivation of the cycle specific Safety Limit Minimum 
Critical Power Ratios (SLMCPRs) for incorporation into the Technical 
Specifications (TS), and their use to determine cycle specific 
thermal limits, has been performed using the methodology discussed 
in NEDE-24011-P-A, ``General Electric Standard Application for 
Reactor Fuel,'' Revision 20 [ADAMS Accession No. ML13352A474].
    The basis of the SLMCPR calculation is to reasonably assure 
that, during normal operation and during anticipated operational 
transients, at least 99.9% of all fuel rods in the core do not 
experience boiling transition if the limit is not violated. The new 
SLMCPRs preserve the existing margin to boiling transition.
    The MCPR [minimum critical power ratio] safety limit is 
reevaluated for each reload using NRC-approved methodologies. The 
analyses for Peach Bottom Atomic Power Station (PBAPS) Unit 3 Cycle 
21, with the addition of operation in the MELLLA+ operating domain, 
have concluded that a two recirculation loop MCPR safety limit of 
>=1.15, based on the application of Global Nuclear Fuel's NRC-
approved MCPR safety limit methodology, will reasonably assure that 
this acceptance criterion is met. For single recirculation loop 
operation, a MCPR safety limit of >=1.15 also reasonably assures 
that this acceptance criterion is met. The MCPR operating limits are 
presented and controlled in accordance with the PBAPS Unit 3 Core 
Operating Limits Report (COLR).
    The requested TS changes do not involve any additional plant 
modifications or operational changes that could affect system 
reliability or performance or that could affect the probability of 
operator error beyond those associated with the MELLLA+ LAR [ADAMS 
Accession No. ML14247A503]. The requested changes do not affect any 
postulated accident precursors, do not affect any accident 
mitigating systems, and do not introduce any new accident initiation 
mechanisms.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The SLMCPR is a TS numerical value, calculated to reasonably 
assure that during normal operation and during anticipated 
operational transients, at least 99.9% of all fuel rods in the core 
do not experience boiling transition if the limit is not violated. 
The new SLMCPRs are calculated using NRC-approved methodology 
discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 20 [ADAMS Accession No. ML13352A474]. 
The proposed changes do not involve any new modes of operation, any 
changes to setpoints, or any plant modifications beyond those 
associated with the MELLLA+ LAR [ADAMS Accession No. ML14247A503]. 
The proposed revised MCPR safety limits have been shown to be 
acceptable for Cycle 21 operation with the MELLLA+ operating domain. 
The core operating limits will continue to be developed using NRC-
approved methods. The proposed MCPR safety limits or methods for 
establishing the core operating limits do not result in the creation 
of any new precursors to an accident. Therefore, this proposed 
change does not create the possibility of a new or different kind of 
accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    There is no significant reduction in the margin of safety 
previously approved by the NRC as a result of the proposed change to 
the SLMCPRs. The new SLMCPRs are calculated using methodology 
discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 20 [ADAMS Accession No. ML13352A474]. 
The SLMCPRs reasonably assure that, during normal operation and 
during anticipated operational transients, at least 99.9% of all 
fuel rods in the core do not experience boiling transition if the 
limits are not violated, thereby preserving the fuel cladding 
integrity.
    Therefore, the proposed TS changes do not involve a significant 
reduction in the margin of safety previously approved by the NRC.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, and with the changes noted above in square brackets, it 
appears that the three standards of 10 CFR 50.92(c) are satisfied. 
Therefore, the NRC staff proposes to determine that the amendment 
request involves no significant hazards consideration.
    Attorney for licensee: J. Bradley Fewell, Esquire, Vice President 
and Deputy General Counsel, Exelon Generation Company, LLC, 4300 
Winfield Road, Warrenville, Illinois 60555.
    NRC Branch Chief: Douglas A. Broaddus.

FirstEnergy Nuclear Operating Company, et al., Docket Nos. 50-334 and 
50-412, Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 
BVPS-2), Beaver County, Pennsylvania
    Date of amendment request: March 19, 2015, as supplemented by 
letter dated May 6, 2015. Publicly-available versions are in ADAMS 
under Accession Nos. ML15084A346 and ML15127A202, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would change the BVPS-1 and BVPS-2 Operating License. 
Specifically, the proposed license amendment would revise the Cyber 
Security Plan, Milestone 8, full implementation date as set forth in 
the cyber security plan implementation schedule.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment extends the completion date for milestone 
8 of the Cyber Security Plan (CSP) implementation schedule. Revising 
the full implementation date for the CSP does not involve 
modifications to any safety-related structures, systems, or 
components (SSCs). The implementation schedule provides a timeline 
for fully implementing the CSP. The CSP describes how the 
requirements of 10 CFR 73.54 are to be implemented to identify, 
evaluate, and mitigate cyber-attacks up to and including the design 
basis cyber-attack threat; thereby achieving high assurance that the 
facility's digital computer and communications systems and networks 
are protected from cyber-attacks. The revision of the CSP 
Implementation Schedule will not alter previously evaluated design 
basis accident analysis assumptions, add any accident initiators, 
modify the function of the plant safety-related SSCs, or affect how 
any plant safety-related SSCs are operated, maintained, tested, or 
inspected.
    As the proposed change does not directly impact SSCs, and 
milestones 1 through 7 provide significant protection against cyber-
attacks, the proposed change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed change does not introduce a new mode of plant 
operation or involve a physical modification to the plant. New 
equipment is not installed with the proposed amendment, nor does the 
proposed amendment cause existing equipment to be operated in a new 
or different manner. The change to cyber security implementation 
plan milestone 8 is administrative in nature and relies on the 
significant protection against cyber-attacks that has been gained 
through the implementation of CSP milestones 1 through 7. Since the 
proposed amendment does not involve a change to the plan design or 
operation, no new system interactions are created by this change. 
The proposed changes do not result in any new failure modes, and 
thus cannot initiate an accident different from those previously 
evaluated.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.

[[Page 38775]]

    The proposed amendment does not affect the performance of any 
structures, systems or components as described in the design basis 
analyses. The change to milestone 8 of the cyber security 
implementation plan is administrative in nature.
    The proposed change does not introduce a new mode of plant 
operation or involve a physical modification to the plant. The 
proposed amendment does not introduce changes to limits established 
in the accident analysis. Since there is no impact to any SSCs, or 
any maintenance or operational practice, there is also no reduction 
in any margin of safety.
    As the proposed change does not directly impact SSCs, and 
milestones 1 through 7 provide significant protection against cyber-
attacks, the proposed change does 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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: David W. Jenkins, FirstEnergy Nuclear 
Operating Company, FirstEnergy Corporation, 76 South Main Street, 
Akron, Ohio 44308.
    NRC Branch Chief: Douglas A. Broaddus.

Northern States Power Company--Minnesota, Docket No. 50-263, Monticello 
Nuclear Generating Plant (MNGP), Wright County, Minnesota
    Date of amendment request: October 3, 2014. A publicly-available 
version is in ADAMS under Package Accession No. ML14283A125.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise the MNGP Technical Specifications and approve 
certain analytical methods to support operation in the expanded power-
flow operating domain described as the Extended Flow Window (EFW).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The probability (frequency of occurrence) of Design Basis 
Accidents occurring is not affected by the EFW operating domain 
because MNGP will continue to comply with the regulatory and design 
basis criteria established for plant equipment. Based on the EFW 
domain representing the same region as the Maximum Extended Load 
Line Limit Analysis Plus (MELLLA+), there is no change in 
consequences of postulated accidents when operating in the EFW 
operating domain compared to the operating domain previously 
evaluated. The results of accident evaluations remain within the NRC 
approved acceptance limits.
    The spectrum of postulated transients has been investigated and 
is shown to meet the plant's currently licensed regulatory criteria. 
In the area of fuel and core design, the Safety Limit Minimum 
Critical Power Ratio (SLMCPR) is still met. Continued compliance 
with the SLMCPR will be confirmed on a cycle specific basis 
consistent with the criteria accepted by the NRC. Challenges to the 
Reactor Coolant Pressure Boundary were evaluated for the extended 
operating domain conditions (pressure, temperature, flow, and 
radiation) and were found to meet their acceptance criteria for 
allowable stresses and overpressure margin.
    Evaluations have also show that the consequences of the Loss of 
Coolant Accident (LOCA) are not exacerbated by operation in the EFW 
domain.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    Equipment that could be affected by the EFW operating domain has 
been evaluated. Aside from small changes to plant setpoints, the 
only physical change that is proposed involves installation of an 
electrical jumper that had been previously approved and installed 
for several operating cycles. No new operating mode, safety-related 
equipment lineup, accident scenario, or equipment failure mode was 
identified. The full spectrum of accident considerations has been 
evaluated and no new or different kind of accident has been 
identified. The EFW operating domain uses developed technology and 
applies it within the capabilities of existing plant safety-related 
equipment in accordance with the regulatory criteria. No new 
accident or event precursor has been identified.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The EFW operating domain affects only design and operational 
margins. Challenges to the fuel, reactor coolant pressure boundary, 
and containment were evaluated for the EFW operating domain 
conditions. Fuel integrity is maintained by meeting existing design 
and regulatory limits. The calculated loads on affected structures, 
systems and components (including the reactor coolant pressure 
boundary) will remain within their design basis event categories. No 
NRC acceptance criterion is exceeded.
    Because the MNGP configuration and responses to transients and 
postulated accidents do not result in exceeding the presently-
approved NRC acceptance limits, the proposed changes do not involve 
a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Peter M. Glass, Assistant General Counsel, 
Xcel Energy Services, Inc., 414 Nicollet Mall, Minneapolis, Minnesota 
55401.
    NRC Branch Chief: David L. Pelton.

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit No. 1, Washington County, Nebraska
    Date of amendment request: November 25, 2014, as supplemented by 
letter dated April 20, 2015. Publicly-available versions are in ADAMS 
under Accession Nos. ML15070A007 and ML15110A420, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Cyber Security Plan, Milestone 8, full 
implementation date as set forth in the Fort Calhoun Station cyber 
security plan implementation schedule.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    This amendment proposes a change to the Fort Calhoun Station 
(FCS)/Omaha Public Power District (OPPD) Cyber Security Program 
(CSP) Milestone 8 (MS8) full implementation date as set forth in the 
CSP Implementation Schedule and associated regulatory commitment. 
The revision of the MS8 implementation date for the CSP does not 
involve modifications to any safety-related structures, systems, or 
components (SSCs). The revision of the CSP Implementation Schedule 
will not alter previously evaluated design basis accident analysis 
assumptions, add any accident initiators, modify the function of the 
plant safety-related SSCs, or affect how any plant safety-related 
SSCs are operated, maintained, modified, tested, or inspected.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.

[[Page 38776]]

    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    This amendment proposes a change to the CSP MS8 full 
implementation date as set forth in the CSP Implementation Schedule 
and associated regulatory commitment. The revision of the MS8 full 
implementation date for the CSP does not involve modifications to 
any safety-related SSCs. No new accident scenarios, failure 
mechanisms, or limiting single failures are introduced as a result 
of this proposed amendment.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The amendment proposes a change to the CSP MS8 full 
implementation date as set forth in the CSP Implementation Schedule 
and associated regulatory commitment. The revision of the MS8 full 
implementation date for the CSP does not involve modifications to 
any safety-related SSCs. The proposed amendment has no effect on the 
structural integrity of the fuel cladding, reactor coolant pressure 
boundary, or containment structure.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: David A. Repka, Esq., Winston & Strawn, 1700 
K Street NW., Washington, DC 20006-3817.
    NRC Branch Chief: Michael T. Markley.

PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear 
Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey
    Date of amendment request: March 27, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15086A201.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendments would revise Technical Specification 3/4.3.3, ``Reactor Trip 
System Instrumentation,'' Table 3.3-1, Action 2, to allow one channel 
to be bypassed for up to 4 hours for surveillance testing and would 
establish two new action notes for the power range nuclear 
instrumentation in Table 4.3-1, which would exclude solid state 
protection system input relays from the surveillance testing when the 
bypass test capability is used to perform the surveillance. The 
proposed changes would support the installation and use of bypass test 
capability for the power range nuclear instrumentation.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below, with the NRC staff's edits in 
square brackets:

    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The power range (PR) nuclear instrumentation is not an accident 
initiator or precursor. The PR nuclear instrumentation provides 
indication and plant protection through a reactor trip. The reactor 
trip is part of the plant's accident mitigation response. With the 
existing system, analog channel comparators are placed in the 
tripped condition for channel testing. This changes the normal two-
out-of-four coincidence trip logic to a one-out-of-three trip logic. 
In this condition, a human error, channel failure, or spurious 
transient in a redundant channel could result in a reactor trip. 
Testing the PR nuclear instrumentation channels in bypass eliminates 
the spurious reactor trip because the trip logic becomes two-out-of-
three; thereby retaining the two channels required to actuate the 
protective function.
    The proposed change does not affect how the Reactor Trip System 
(RTS) functions. The proposed change does not alter or prevent any 
structures, systems, or components from performing their intended 
design basis function(s) to mitigate the consequences of an 
initiating event within the applicable acceptance criteria. 
Surveillance testing in the bypass condition will not cause any 
design or analysis acceptance criteria to be exceeded.
    PR channel testing in bypass does not affect the source term, 
containment isolation, or radiological release assumptions used in 
evaluating the radiological consequences of an accident previously 
evaluated. The proposed change does not increase the types or 
amounts of radioactive effluent that may be released offsite, or 
significantly increase individual or cumulative occupational/public 
radiation exposures. The change is consistent with safety analysis 
assumptions and resultant consequences. Implementation of the PR 
nuclear instrumentation bypass testing capability does not affect 
the integrity of the fission product barriers utilized for the 
mitigation of radiological dose consequences as a result of a design 
basis accident. The plant response as assumed in the safety analyses 
is unaffected by this change.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The manner in which the RTS provides plant protection is not 
changed. Surveillance testing in bypass does not affect accident 
initiation sequences or response scenarios as modeled in the safety 
analyses. The PR nuclear instrumentation will continue to have the 
same setpoints. No new failure modes are created for any plant 
equipment. The bypass test instrumentation has been designed and 
qualified to applicable regulatory and industry standards. Fault 
conditions, failure detection, reliability, and equipment 
qualification have been considered. Existing accident scenarios 
remain unchanged and new or different accident scenarios are not 
created. The types of accidents defined in the Updated Final Safety 
Analysis Report (UFSAR) continue to represent the credible spectrum 
of events analyzed to determine safe plant operation.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    Safety analyses are not changed or modified as a result of the 
proposed Technical Specification (TS) changes to reflect installed 
PR nuclear instrumentation bypass test capability. The changes do 
not alter the manner in which the safety limits, limiting safety 
system setpoints, or limiting conditions for operation are 
determined. Margins associated with the applicable safety analyses 
acceptance criteria are unaffected. The current safety analyses 
remain bounding; their assumptions and conclusions are not affected 
by performing PR nuclear instrumentation surveillance testing in 
bypass. The safety systems credited in the safety analyses continue 
to remain available to perform their required mitigation functions. 
The impact of testing in bypass upon reactor safety was previously 
evaluated by the NRC during their review of WCAP-10271-P-A [titled 
``Evaluation of Surveillance Frequencies and Out of Service Times 
for the Reactor Protection Instrumentation System''], and determined 
to be acceptable.
    Therefore, the proposed changes 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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Jeffrie J. Keenan, PSEG Nuclear LLC--N21, 
P.O. Box 236, Hancocks Bridge, New Jersey 08038.
    NRC Branch Chief: Douglas A. Broaddus.

Susquehanna Nuclear, LLC, Docket Nos. 50-387 and 50-388, Susquehanna 
Steam Electric Station (SSES), Units 1 and 2, Luzerne County, 
Pennsylvania


[[Page 38777]]


    Date of amendment request: December 2, 2014, as supplemented by 
letters dated February 12, 2015, and May 4, 2015. Publicly-available 
versions are in ADAMS under Accession Nos. ML14336A246, ML15044A053, 
and ML15124A668, respectively.
    Description of amendment request: This request contains sensitive 
unclassified non-safeguards information (SUNSI). The amendments would 
revise the SSES Unit 1 and Unit 2 Cyber Security Plan, Milestone 8, 
full implementation date as set forth in the SSES cyber security plan 
implementation schedule.
    On June 1, 2015, the NRC staff issued an amendment changing the 
name on the SSES license from PPL Susquehanna, LLC, to Susquehanna 
Nuclear, LLC. This amendment was issued subsequent to an Order issued 
on April 10, 2015, to SSES approving an indirect license transfer. As 
such, all references in the basis for proposed no significant hazards 
consideration below to PPL Susquehanna, LLC, have been replaced with 
references to Susquehanna Nuclear, LLC, and are shown in square 
brackets [ ].
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below, with the NRC staff's edits in 
square brackets:

    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The amendment proposes a change to the [Susquehanna Nuclear, 
LLC, (Susquehanna)] Cyber Security Plan (CSP) Milestone 8 (M8) full 
implementation date as set forth in the [Susquehanna] CSP 
implementation schedule. The revision of the full implementation 
date for the [Susquehanna] CSP does not involve modifications to any 
safety-related structures, systems or components (SSCs). Rather, the 
implementation schedule provides a timetable for fully implementing 
the [Susquehanna] CSP. The CSP describes how the requirements of 10 
CFR 73.54 are to be implemented to identify, evaluate, and mitigate 
cyber-attacks up to and including the design basis cyber[-]attack 
threat, thereby achieving high assurance that the facility's digital 
computer and communications systems and networks are protected from 
cyber-attacks. The revision of the [Susquehanna] Cyber Security Plan 
implementation schedule will not alter previously evaluated design 
basis accident analysis assumptions, add any accident initiators, 
modify the function of the plant safety-related SSCs, or affect how 
any plant safety-related SSCs are operated, maintained, modified, 
tested, or inspected.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The implementation of the [Susquehanna] CSP does not introduce 
new equipment that could create a new or different kind of accident, 
and no new equipment failure modes are created. No new accident 
scenarios, failure mechanisms, or limiting single failures are 
introduced as a result of this proposed amendment.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No
    The margin of safety is associated with the confidence in the 
ability of the fission product barriers (i.e., fuel cladding, 
reactor coolant pressure boundary, and containment structure) to 
limit the level of radiation to the public. The proposed amendment 
does not alter the way any safety-related SSC functions and does not 
alter the way the plant is operated. The [Susquehanna] CSP provides 
assurance that safety-related SSCs are protected from cyber-attacks. 
The proposed amendment does not introduce any new uncertainties or 
change any existing uncertainties associated with any safety limit. 
The proposed amendment has no effect on the structural integrity of 
the fuel cladding, reactor coolant pressure boundary, or containment 
structure. Based on the above considerations, the proposed amendment 
does not degrade the confidence in the ability of the fission 
product barriers to limit the level of radiation to the public.
    Therefore, the proposed change does not involve a reduction in a 
margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Damon D. Obie, Assoc. General Counsel, Talen 
Energy Supply, LLC, 835 Hamilton Street, Suite 150, Allentown, 
Pennsylvania 18101.
    NRC Branch Chief: Douglas A. Broaddus.

Tennessee Valley Authority (TVA), Docket No. 50-296, Browns Ferry 
Nuclear Plant (BFN), Unit 3, Limestone County, Alabama
    Date of amendment request: March 6, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15090A436.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise Section 2.1.1.2 of the Technical Specifications 
(TSs), changing the value of the safety limit minimum critical power 
ratio (SLMCPR) for two-loop operation from the current 1.09 to 1.06, 
and for single-loop operation from the current 1.11 to 1.08. The 
proposed revised values are supported by the application of the 
methodology approved previously for BFN Unit 3 by Amendment No. 270, 
dated July 31, 2014 (ADAMS Accession No. ML1411A286).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed TS revision is based on the implementation of a 
previously approved methodology. As such, it involves no changes to 
the operation of any system or component during normal, accident, or 
transient operating conditions. The change does not affect the 
initiators of any [previously evaluated] accident.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed reduction of the SLMCPR values is based upon 
previously approved methodologies and does not involve changes to 
the plant hardware or its operating characteristics. As a result, no 
new failure modes are being introduced.
    Therefore, the proposed change does not introduce a new or 
different kind of accident from those previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    The margin of safety is established through the design of plant 
structures, systems, and components, and through the parameters for 
safe operation and setpoints of equipment relied upon to respond to 
transients and design basis accidents. The proposed change in SLMCPR 
does not change the requirements governing operation or availability 
of safety equipment assumed to operate to preserve the margin of 
safety. The change does not alter the behavior of the plant 
equipment.
    The reduction of the SLMCPR values does not change the 
requirement that no more than 0.1% of fuel rods in the core 
experience boiling transition during normal operation and 
anticipated operational occurrences.

[[Page 38778]]

    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, WT 6A-K, Knoxville, Tennessee 37902.
    NRC Branch Chief: Shana R. Helton.

Union Electric Company, Docket No. 50-483, Callaway Plant, Unit 1 
(Callaway), Callaway County, Missouri

    Date of amendment request: April 29, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15120A482.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Cyber Security Plan, Milestone 8, full 
implementation date as set forth in the Callaway cyber security plan 
implementation schedule.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    Criterion 1. The proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed change is administrative in nature as it only 
involves extending the timeframe for final implementation of the 
cyber security plan for Callaway. It involves no change to the 
intended plan itself. The change does not alter accident analysis 
assumptions, add any initiators, or affect the function of plant 
systems or the manner in which systems are operated, maintained, 
modified, tested, or inspected. The proposed change does not require 
any plant modifications that affect the performance capability of 
the structures, systems, and components (SSCs) relied upon to 
mitigate the consequences of postulated accidents, and has no impact 
on the probability or consequences of an accident previously 
evaluated.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    Criterion 2. The proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    The proposed change to the Callaway Cyber Security Plan 
Implementation Schedule is administrative in nature. This change 
does not alter accident analysis assumptions, add any initiators, or 
affect the function of plant systems or the manner in which systems 
are operated, maintained, modified, tested, or inspected. The 
proposed change does not require any plant modifications that could 
introduce new failure modes leading or contributing to a new or 
different kind of accident.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    Criterion 3. The proposed change does not involve a significant 
reduction in the margin of safety.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the Callaway Cyber Security Plan Implementation Schedule is 
administrative in nature.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: John O'Neill, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
    NRC Branch Chief: Michael T. Markley.

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

Exelon Generation Company, LLC, and PSEG Nuclear LLC, Docket No. 50-
278, Peach Bottom Atomic Power Station, Unit 3, York and Lancaster 
Counties, Pennsylvania
FirstEnergy Nuclear Operating Company, et al., Docket Nos. 50-334 and 
50-412, Beaver Valley Power Station, Unit Nos. 1 and 2, Beaver County, 
Pennsylvania
Northern States Power Company--Minnesota, Docket No. 50-263, Monticello 
Nuclear Generating Plant, Wright County, Minnesota
Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit No. 1, Washington County, Nebraska
PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear 
Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey
Susquehanna Nuclear, LLC, Docket Nos. 50-387 and 50-388, Susquehanna 
Steam Electric Station, Units 1 and 2, Luzerne County, Pennsylvania
Tennessee Valley Authority, Docket No. 50-296, Browns Ferry Nuclear 
Plant, Unit 3, Limestone County, Alabama
Union Electric Company, Docket No. 50-483, Callaway Plant, Unit 1, 
Callaway County, Missouri

    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, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
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 requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory

[[Page 38779]]

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

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

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 24th day of June 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).
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).

[[Page 38780]]

 
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/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2015-16223 Filed 7-6-15; 8:45 am]
BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                          38771

                                              NUCLEAR REGULATORY                                       OWFN–12–H08, U.S. Nuclear                             comment submissions to remove
                                              COMMISSION                                               Regulatory Commission, Washington,                    identifying or contact information.
                                                                                                       DC 20555–0001.                                          If you are requesting or aggregating
                                              [NRC–2015–0154]                                            For additional direction on obtaining               comments from other persons for
                                              Applications and Amendments to                           information and submitting comments,                  submission to the NRC, then you should
                                              Facility Operating Licenses and                          see ‘‘Obtaining Information and                       inform those persons not to include
                                              Combined Licenses Involving                              Submitting Comments’’ in the                          identifying or contact information that
                                                                                                       SUPPLEMENTARY INFORMATION section of                  they do not want to be publicly
                                              Proposed No Significant Hazards
                                              Considerations and Containing                            this document.                                        disclosed in their comment submission.
                                              Sensitive Unclassified Non-Safeguards                    FOR FURTHER INFORMATION CONTACT:                      Your request should state that the NRC
                                              Information and Order Imposing                           Janet Burkhardt, Office of Nuclear                    does not routinely edit comment
                                              Procedures for Access to Sensitive                       Reactor Regulation, U.S. Nuclear                      submissions to remove such information
                                              Unclassified Non-Safeguards                              Regulatory Commission, Washington,                    before making the comment
                                              Information                                              DC 20555–0001; telephone: 301–415–                    submissions available to the public or
                                                                                                       1384, email: Janet.Burkhardt@nrc.gov.                 entering the comment submissions into
                                              AGENCY:  Nuclear Regulatory                              SUPPLEMENTARY INFORMATION:                            ADAMS.
                                              Commission.
                                                                                                       I. Obtaining Information and                          II. Background
                                              ACTION: License amendment request;
                                              opportunity to comment, request a                        Submitting Comments                                      Pursuant to Section 189a.(2) of the
                                              hearing, and petition for leave to                       A. Obtaining Information                              Atomic Energy Act of 1954, as amended
                                              intervene; order.                                                                                              (the Act), the NRC is publishing this
                                                                                                          Please refer to Docket ID NRC–2015–
                                                                                                                                                             notice. The Act requires the
                                              SUMMARY:   The U.S. Nuclear Regulatory                   0154 when contacting the NRC about
                                                                                                                                                             Commission to publish notice of any
                                              Commission (NRC) received and is                         the availability of information for this
                                                                                                                                                             amendments issued, or proposed to be
                                              considering approval of eight                            action. You may obtain publicly-
                                                                                                                                                             issued and grants the Commission the
                                              amendment requests. The amendment                        available information related to this
                                                                                                                                                             authority to issue and make
                                              requests are for Peach Bottom Atomic                     action by any of the following methods:
                                                                                                          • Federal Rulemaking Web site: Go to               immediately effective any amendment
                                              Power Station, Unit 3; Beaver Valley                                                                           to an operating license or combined
                                              Power Station, Units Nos. 1 and 2;                       http://www.regulations.gov and search
                                                                                                       for Docket ID NRC–2015–0154.                          license, as applicable, upon a
                                              Monticello Nuclear Generating Plant;                                                                           determination by the Commission that
                                              Fort Calhoun Station, Unit No. 1; Salem                     • NRC’s Agencywide Documents
                                                                                                       Access and Management System                          such amendment involves no significant
                                              Nuclear Generating Station, Unit Nos. 1                                                                        hazards consideration, notwithstanding
                                              and 2; Susquehanna Steam Electric                        (ADAMS): You may obtain publicly-
                                                                                                       available documents online in the                     the pendency before the Commission of
                                              Station, Unit Nos. 1 and 2; Browns Ferry                                                                       a request for a hearing from any person.
                                              Nuclear Plant, Unit 3; and Callaway                      ADAMS Public Documents collection at
                                                                                                       http://www.nrc.gov/reading-rm/                           This notice includes notices of
                                              Plant, Unit 1. For each amendment                                                                              amendments containing SUNSI.
                                              request, the NRC proposes to determine                   adams.html. To begin the search, select
                                              that they involve no significant hazards                 ‘‘ADAMS Public Documents’’ and then                   III. Notice of Consideration of Issuance
                                              consideration. In addition, each                         select ‘‘Begin Web-based ADAMS                        of Amendments to Facility Operating
                                              amendment request contains sensitive                     Search.’’ For problems with ADAMS,                    Licenses and Combined Licenses,
                                              unclassified non-safeguards information                  please contact the NRC’s Public                       Proposed No Significant Hazards
                                              (SUNSI).                                                 Document Room (PDR) reference staff at                Consideration Determination, and
                                                                                                       1–800–397–4209, 301–415–4737, or by                   Opportunity for a Hearing
                                              DATES: Comments must be filed by
                                                                                                       email to pdr.resource@nrc.gov. The
                                              August 6, 2015. A request for a hearing                  ADAMS accession number for each                         The Commission has made a
                                              must be filed by September 8, 2015. Any                  document referenced (if it is available in            proposed determination that the
                                              potential party as defined in § 2.4 of                   ADAMS) is provided the first time that                following amendment requests involve
                                              Title 10 of the Code of Federal                          it is mentioned in the SUPPLEMENTARY                  no significant hazards consideration.
                                              Regulations (10 CFR), who believes                       INFORMATION section.                                  Under the Commission’s regulations in
                                              access to SUNSI is necessary to respond                     • NRC’s PDR: You may examine and                   10 CFR 50.92, this means that operation
                                              to this notice must request document                     purchase copies of public documents at                of the facility in accordance with the
                                              access by July 17, 2015.                                 the NRC’s PDR, Room O1–F21, One                       proposed amendment would not (1)
                                              ADDRESSES: You may submit comments                       White Flint North, 11555 Rockville                    involve a significant increase in the
                                              by any of the following methods (unless                  Pike, Rockville, Maryland 20852.                      probability or consequences of an
                                              this document describes a different                                                                            accident previously evaluated, or (2)
                                              method for submitting comments on a                      B. Submitting Comments                                create the possibility of a new or
                                              specific subject):                                         Please include Docket ID NRC–2015–                  different kind of accident from any
                                                • Federal Rulemaking Web site: Go to                   0154, facility name, unit number(s),                  accident previously evaluated, or (3)
                                              http://www.regulations.gov and search                    application date, and subject in your                 involve a significant reduction in a
                                              for Docket ID NRC–2015–0154. Address                     comment submission.                                   margin of safety. The basis for this
                                              questions about NRC dockets to Carol                       The NRC cautions you not to include                 proposed determination for each
                                              Gallagher; telephone: 301–415–3463;                      identifying or contact information that               amendment request is shown below.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              email: Carol.Gallagher@nrc.gov. For                      you do not want to be publicly                          The Commission is seeking public
                                              technical questions, contact the                         disclosed in your comment submission.                 comments on this proposed
                                              individual listed in the FOR FURTHER                     The NRC posts all comment                             determination. Any comments received
                                              INFORMATION CONTACT section of this                      submissions at http://                                within 30 days after the date of
                                              document.                                                www.regulations.gov as well as entering               publication of this notice will be
                                                • Mail comments to: Cindy Bladey,                      the comment submissions into ADAMS.                   considered in making any final
                                              Office of Administration, Mail Stop:                     The NRC does not routinely edit                       determination.


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                                              38772                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                                 Normally, the Commission will not                     the petitioner in the proceeding, and                 consideration, the Commission may
                                              issue the amendment until the                            how that interest may be affected by the              issue the amendment and make it
                                              expiration of 60 days after the date of                  results of the proceeding. The petition               immediately effective, notwithstanding
                                              publication of this notice. The                          should specifically explain the reasons               the request for a hearing. Any hearing
                                              Commission may issue the license                         why intervention should be permitted                  held would take place after issuance of
                                              amendment before expiration of the 60-                   with particular reference to the                      the amendment. If the final
                                              day period provided that its final                       following general requirements: (1) The               determination is that the amendment
                                              determination is that the amendment                      name, address, and telephone number of                request involves a significant hazards
                                              involves no significant hazards                          the requestor or petitioner; (2) the                  consideration, then any hearing held
                                              consideration. In addition, the                          nature of the requestor’s/petitioner’s                would take place before the issuance of
                                              Commission may issue the amendment                       right under the Act to be made a party                any amendment unless the Commission
                                              prior to the expiration of the 30-day                    to the proceeding; (3) the nature and                 finds an imminent danger to the health
                                              comment period should circumstances                      extent of the requestor’s/petitioner’s                or safety of the public, in which case it
                                              change during the 30-day comment                         property, financial, or other interest in             will issue an appropriate order or rule
                                              period such that failure to act in a                     the proceeding; and (4) the possible                  under 10 CFR part 2.
                                              timely way would result, for example,                    effect of any decision or order which
                                                                                                                                                             B. Electronic Submissions (E-Filing)
                                              in derating or shutdown of the facility.                 may be entered in the proceeding on the
                                              Should the Commission take action                        requestor’s/petitioner’s interest. The                   All documents filed in NRC
                                              prior to the expiration of either the                    petition must also set forth the specific             adjudicatory proceedings, including a
                                              comment period or the notice period, it                  contentions which the requestor/                      request for hearing, a petition for leave
                                              will publish a notice of issuance in the                 petitioner seeks to have litigated at the             to intervene, any motion or other
                                              Federal Register. Should the                             proceeding.                                           document filed in the proceeding prior
                                              Commission make a final No Significant                      Each contention must consist of a                  to the submission of a request for
                                              Hazards Consideration Determination,                     specific statement of the issue of law or             hearing or petition to intervene, and
                                              any hearing will take place after                        fact to be raised or controverted. In                 documents filed by interested
                                              issuance. The Commission expects that                    addition, the requestor/petitioner shall              governmental entities participating
                                              the need to take this action will occur                  provide a brief explanation of the bases              under 10 CFR 2.315(c), must be filed in
                                              very infrequently.                                       for the contention and a concise                      accordance with the NRC’s E-Filing rule
                                                                                                       statement of the alleged facts or expert              (72 FR 49139; August 28, 2007). The E-
                                              A. Opportunity To Request a Hearing                      opinion which support the contention                  Filing process requires participants to
                                              and Petition for Leave To Intervene                      and on which the requestor/petitioner                 submit and serve all adjudicatory
                                                 Within 60 days after the date of                      intends to rely in proving the contention             documents over the internet, or in some
                                              publication of this notice, any person(s)                at the hearing. The requestor/petitioner              cases to mail copies on electronic
                                              whose interest may be affected by this                   must also provide references to those                 storage media. Participants may not
                                              action may file a request for a hearing                  specific sources and documents of                     submit paper copies of their filings
                                              and a petition to intervene with respect                 which the petitioner is aware and on                  unless they seek an exemption in
                                              to issuance of the amendment to the                      which the requestor/petitioner intends                accordance with the procedures
                                              subject facility operating license or                    to rely to establish those facts or expert            described below.
                                              combined license. Requests for a                         opinion. The petition must include                       To comply with the procedural
                                              hearing and a petition for leave to                      sufficient information to show that a                 requirements of E-Filing, at least 10
                                              intervene shall be filed in accordance                   genuine dispute exists with the                       days prior to the filing deadline, the
                                              with the Commission’s ‘‘Agency Rules                     applicant on a material issue of law or               participant should contact the Office of
                                              of Practice and Procedure’’ in 10 CFR                    fact. Contentions shall be limited to                 the Secretary by email at
                                              part 2. Interested person(s) should                      matters within the scope of the                       hearing.docket@nrc.gov, or by telephone
                                              consult a current copy of 10 CFR 2.309,                  amendment under consideration. The                    at 301–415–1677, to request (1) a digital
                                              which is available at the NRC’s PDR,                     contention must be one which, if                      identification (ID) certificate, which
                                              located at One White Flint North, Room                   proven, would entitle the requestor/                  allows the participant (or its counsel or
                                              O1–F21, 11555 Rockville Pike (first                      petitioner to relief. A requestor/                    representative) to digitally sign
                                              floor), Rockville, Maryland 20852. The                   petitioner who fails to satisfy these                 documents and access the E-Submittal
                                              NRC’s regulations are accessible                         requirements with respect to at least one             server for any proceeding in which it is
                                              electronically from the NRC Library on                   contention will not be permitted to                   participating; and (2) advise the
                                              the NRC’s Web site at http://                            participate as a party.                               Secretary that the participant will be
                                              www.nrc.gov/reading-rm/doc-                                 Those permitted to intervene become                submitting a request or petition for
                                              collections/cfr/. If a request for a hearing             parties to the proceeding, subject to any             hearing (even in instances in which the
                                              or petition for leave to intervene is filed              limitations in the order granting leave to            participant, or its counsel or
                                              within 60 days, the Commission or a                      intervene, and have the opportunity to                representative, already holds an NRC-
                                              presiding officer designated by the                      participate fully in the conduct of the               issued digital ID certificate). Based upon
                                              Commission or by the Chief                               hearing.                                              this information, the Secretary will
                                              Administrative Judge of the Atomic                          If a hearing is requested, and the                 establish an electronic docket for the
                                              Safety and Licensing Board Panel, will                   Commission has not made a final                       hearing in this proceeding if the
                                              rule on the request and/or petition; and                 determination on the issue of no                      Secretary has not already established an
                                              the Secretary or the Chief                               significant hazards consideration, the                electronic docket.
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                                              Administrative Judge of the Atomic                       Commission will make a final                             Information about applying for a
                                              Safety and Licensing Board will issue a                  determination on the issue of no                      digital ID certificate is available on the
                                              notice of a hearing or an appropriate                    significant hazards consideration. The                NRC’s public Web site at http://
                                              order.                                                   final determination will serve to decide              www.nrc.gov/site-help/e-submittals/
                                                 As required by 10 CFR 2.309, a                        when the hearing is held. If the final                getting-started.html. System
                                              petition for leave to intervene shall set                determination is that the amendment                   requirements for accessing the E-
                                              forth with particularity the interest of                 request involves no significant hazards               Submittal server are detailed in the


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                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                              38773

                                              NRC’s ‘‘Guidance for Electronic                          NRC’s public Web site at http://                         Petitions for leave to intervene must
                                              Submission,’’ which is available on the                  www.nrc.gov/site-help/e-                              be filed no later than 60 days from the
                                              agency’s public Web site at http://                      submittals.html, by email to                          date of publication of this notice.
                                              www.nrc.gov/site-help/e-                                 MSHD.Resource@nrc.gov, or by a toll-                  Requests for hearing, petitions for leave
                                              submittals.html. Participants may                        free call at 1–866–672–7640. The NRC                  to intervene, and motions for leave to
                                              attempt to use other software not listed                 Meta System Help Desk is available                    file new or amended contentions that
                                              on the Web site, but should note that the                between 8 a.m. and 8 p.m., Eastern                    are filed after the 60-day deadline will
                                              NRC’s E-Filing system does not support                   Time, Monday through Friday,                          not be entertained absent a
                                              unlisted software, and the NRC Meta                      excluding government holidays.                        determination by the presiding officer
                                              System Help Desk will not be able to                        Participants who believe that they                 that the filing demonstrates good cause
                                              offer assistance in using unlisted                       have a good cause for not submitting                  by satisfying the three factors in 10 CFR
                                              software.                                                documents electronically must file an                 2.309(c)(1)(i)–(iii).
                                                 If a participant is electronically                    exemption request, in accordance with                    For further details with respect to this
                                              submitting a document to the NRC in                      10 CFR 2.302(g), with their initial paper             amendment action, see the application
                                              accordance with the E-Filing rule, the                   filing requesting authorization to                    for amendment which is available for
                                              participant must file the document                       continue to submit documents in paper                 public inspection at the NRC’s PDR,
                                              using the NRC’s online, Web-based                        format. Such filings must be submitted                located at One White Flint North, Room
                                              submission form. In order to serve                       by: (1) First class mail addressed to the             O1–F21, 11555 Rockville Pike (first
                                              documents through the Electronic                         Office of the Secretary of the                        floor), Rockville, Maryland 20852.
                                              Information Exchange System, users                       Commission, U.S. Nuclear Regulatory                   Publicly available documents created or
                                              will be required to install a Web                        Commission, Washington, DC 20555–                     received at the NRC are accessible
                                              browser plug-in from the NRC’s Web                       0001, Attention: Rulemaking and                       electronically through ADAMS in the
                                              site. Further information on the Web-                    Adjudications Staff; or (2) courier,                  NRC Library at http://www.nrc.gov/
                                              based submission form, including the                     express mail, or expedited delivery                   reading-rm/adams.html. If you do not
                                              installation of the Web browser plug-in,                 service to the Office of the Secretary,               have access to ADAMS or if there are
                                              is available on the NRC’s public Web                     Sixteenth Floor, One White Flint North,               problems in accessing the documents
                                              site at http://www.nrc.gov/site-help/e-                  11555 Rockville Pike, Rockville,                      located in ADAMS, contact the PDR’s
                                              submittals.html.                                         Maryland 20852, Attention: Rulemaking                 Reference staff at 1–800–397–4209, 301–
                                                 Once a participant has obtained a                     and Adjudications Staff. Participants                 415–4737, or by email to pdr.resource@
                                              digital ID certificate and a docket has                  filing a document in this manner are                  nrc.gov.
                                              been created, the participant can then                   responsible for serving the document on
                                              submit a request for hearing or petition                                                                       Exelon Generation Company, LLC, and
                                                                                                       all other participants. Filing is
                                              for leave to intervene. Submissions                                                                               PSEG Nuclear LLC, Docket No. 50–
                                                                                                       considered complete by first-class mail
                                              should be in Portable Document Format                                                                             278, Peach Bottom Atomic Power
                                                                                                       as of the time of deposit in the mail, or
                                              (PDF) in accordance with NRC guidance                                                                             Station (PBAPS), Unit 3, York and
                                                                                                       by courier, express mail, or expedited
                                              available on the NRC’s public Web site                                                                            Lancaster Counties, Pennsylvania
                                                                                                       delivery service upon depositing the
                                              at http://www.nrc.gov/site-help/e-                                                                                Date of amendment request: April 30,
                                                                                                       document with the provider of the
                                              submittals.html. A filing is considered                                                                        2015. A publicly-available version is in
                                                                                                       service. A presiding officer, having
                                              complete at the time the documents are                                                                         ADAMS under Accession No.
                                                                                                       granted an exemption request from
                                              submitted through the NRC’s E-Filing                                                                           ML15120A290.
                                                                                                       using E-Filing, may require a participant
                                              system. To be timely, an electronic                                                                               Description of amendment request:
                                                                                                       or party to use E-Filing if the presiding
                                              filing must be submitted to the E-Filing                                                                       This amendment request contains
                                                                                                       officer subsequently determines that the
                                              system no later than 11:59 p.m. Eastern                                                                        sensitive unclassified non-safeguards
                                                                                                       reason for granting the exemption from
                                              Time on the due date. Upon receipt of                                                                          information (SUNSI). The proposed
                                                                                                       use of E-Filing no longer exists.
                                              a transmission, the E-Filing system                         Documents submitted in adjudicatory                amendment would revise the Technical
                                              time-stamps the document and sends                       proceedings will appear in the NRC’s                  Specifications related to the Safety
                                              the submitter an email notice                            electronic hearing docket which is                    Limit Minimum Critical Power Ratios.
                                              confirming receipt of the document. The                  available to the public at http://                    The proposed changes result from a
                                              E-Filing system also distributes an email                ehd1.nrc.gov/ehd/, unless excluded                    cycle-specific analysis performed to
                                              notice that provides access to the                       pursuant to an order of the Commission,               support the operation of PBAPS Unit 3,
                                              document to the NRC’s Office of the                      or the presiding officer. Participants are            in the upcoming Cycle 21. The re-
                                              General Counsel and any others who                       requested not to include personal                     analysis was performed to accommodate
                                              have advised the Office of the Secretary                 privacy information, such as social                   operation in the Maximum Extended
                                              that they wish to participate in the                     security numbers, home addresses, or                  Load Line Limit Analysis Plus
                                              proceeding, so that the filer need not                   home phone numbers in their filings,                  (MELLLA+) operating domain based on
                                              serve the documents on those                             unless an NRC regulation or other law                 a separate license amendment request
                                              participants separately. Therefore,                      requires submission of such                           (LAR) dated September 4, 2014
                                              applicants and other participants (or                    information. However, in some                         (ADAMS Accession No. ML14247A503,
                                              their counsel or representative) must                    instances, a request to intervene will                redacted to remove proprietary
                                              apply for and receive a digital ID                       require including information on local                information).
                                              certificate before a hearing request/                    residence in order to demonstrate a                      Basis for proposed no significant
                                              petition to intervene is filed so that they              proximity assertion of interest in the                hazards consideration determination:
                                                                                                                                                             As required by 10 CFR 50.91(a), the
tkelley on DSK3SPTVN1PROD with NOTICES




                                              can obtain access to the document via                    proceeding. With respect to copyrighted
                                              the E-Filing system.                                     works, except for limited excerpts that               licensee has provided its analysis of the
                                                 A person filing electronically using                  serve the purpose of the adjudicatory                 issue of no significant hazards
                                              the NRC’s adjudicatory E-Filing system                   filings and would constitute a Fair Use               consideration, which is presented below
                                              may seek assistance by contacting the                    application, participants are requested               with NRC staff edits in square brackets:
                                              NRC Meta System Help Desk through                        not to include copyrighted materials in                  1. Does the proposed amendment involve
                                              the ‘‘Contact Us’’ link located on the                   their submission.                                     a significant increase in the probability or



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                                              38774                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                              consequences of an accident previously                   to be acceptable for Cycle 21 operation with             Basis for proposed no significant
                                              evaluated?                                               the MELLLA+ operating domain. The core                hazards consideration determination:
                                                 Response: No.                                         operating limits will continue to be                  As required by 10 CFR 50.91(a), the
                                                 The derivation of the cycle specific Safety           developed using NRC-approved methods.
                                                                                                       The proposed MCPR safety limits or methods
                                                                                                                                                             licensee has provided its analysis of the
                                              Limit Minimum Critical Power Ratios
                                              (SLMCPRs) for incorporation into the                     for establishing the core operating limits do         issue of no significant hazards
                                              Technical Specifications (TS), and their use             not result in the creation of any new                 consideration, which is presented
                                              to determine cycle specific thermal limits,              precursors to an accident. Therefore, this            below:
                                              has been performed using the methodology                 proposed change does not create the                      1. Does the proposed amendment involve
                                              discussed in NEDE–24011–P–A, ‘‘General                   possibility of a new or different kind of             a significant increase in the probability or
                                              Electric Standard Application for Reactor                accident from any previously evaluated.               consequences of an accident previously
                                              Fuel,’’ Revision 20 [ADAMS Accession No.                    3. Does the proposed amendment involve             evaluated?
                                              ML13352A474].                                            a significant reduction in a margin of safety?           Response: No.
                                                 The basis of the SLMCPR calculation is to                Response: No.
                                                                                                                                                                The proposed amendment extends the
                                              reasonably assure that, during normal                       There is no significant reduction in the
                                                                                                                                                             completion date for milestone 8 of the Cyber
                                              operation and during anticipated operational             margin of safety previously approved by the
                                                                                                                                                             Security Plan (CSP) implementation
                                              transients, at least 99.9% of all fuel rods in           NRC as a result of the proposed change to the
                                                                                                                                                             schedule. Revising the full implementation
                                              the core do not experience boiling transition            SLMCPRs. The new SLMCPRs are calculated
                                                                                                                                                             date for the CSP does not involve
                                              if the limit is not violated. The new                    using methodology discussed in NEDE–
                                                                                                                                                             modifications to any safety-related structures,
                                              SLMCPRs preserve the existing margin to                  24011–P–A, ‘‘General Electric Standard
                                                                                                                                                             systems, or components (SSCs). The
                                              boiling transition.                                      Application for Reactor Fuel,’’ Revision 20
                                                                                                                                                             implementation schedule provides a timeline
                                                 The MCPR [minimum critical power ratio]               [ADAMS Accession No. ML13352A474]. The
                                                                                                                                                             for fully implementing the CSP. The CSP
                                              safety limit is reevaluated for each reload              SLMCPRs reasonably assure that, during
                                                                                                                                                             describes how the requirements of 10 CFR
                                              using NRC-approved methodologies. The                    normal operation and during anticipated
                                                                                                                                                             73.54 are to be implemented to identify,
                                              analyses for Peach Bottom Atomic Power                   operational transients, at least 99.9% of all
                                                                                                                                                             evaluate, and mitigate cyber-attacks up to
                                              Station (PBAPS) Unit 3 Cycle 21, with the                fuel rods in the core do not experience
                                                                                                                                                             and including the design basis cyber-attack
                                              addition of operation in the MELLLA+                     boiling transition if the limits are not
                                                                                                                                                             threat; thereby achieving high assurance that
                                              operating domain, have concluded that a two              violated, thereby preserving the fuel cladding
                                                                                                                                                             the facility’s digital computer and
                                              recirculation loop MCPR safety limit of                  integrity.
                                                                                                                                                             communications systems and networks are
                                              ≥1.15, based on the application of Global                   Therefore, the proposed TS changes do not
                                                                                                                                                             protected from cyber-attacks. The revision of
                                              Nuclear Fuel’s NRC-approved MCPR safety                  involve a significant reduction in the margin
                                                                                                                                                             the CSP Implementation Schedule will not
                                              limit methodology, will reasonably assure                of safety previously approved by the NRC.
                                                                                                                                                             alter previously evaluated design basis
                                              that this acceptance criterion is met. For                  The NRC staff has reviewed the                     accident analysis assumptions, add any
                                              single recirculation loop operation, a MCPR              licensee’s analysis and, based on this                accident initiators, modify the function of the
                                              safety limit of ≥1.15 also reasonably assures            review, and with the changes noted                    plant safety-related SSCs, or affect how any
                                              that this acceptance criterion is met. The               above in square brackets, it appears that             plant safety-related SSCs are operated,
                                              MCPR operating limits are presented and                  the three standards of 10 CFR 50.92(c)                maintained, tested, or inspected.
                                              controlled in accordance with the PBAPS                                                                           As the proposed change does not directly
                                                                                                       are satisfied. Therefore, the NRC staff
                                              Unit 3 Core Operating Limits Report (COLR).                                                                    impact SSCs, and milestones 1 through 7
                                                 The requested TS changes do not involve               proposes to determine that the
                                                                                                                                                             provide significant protection against cyber-
                                              any additional plant modifications or                    amendment request involves no                         attacks, the proposed change does not
                                              operational changes that could affect system             significant hazards consideration.                    involve a significant increase in the
                                              reliability or performance or that could affect             Attorney for licensee: J. Bradley                  probability or consequences of an accident
                                              the probability of operator error beyond those           Fewell, Esquire, Vice President and                   previously evaluated.
                                              associated with the MELLLA+ LAR [ADAMS                   Deputy General Counsel, Exelon                           2. Does the proposed amendment create
                                              Accession No. ML14247A503]. The requested                Generation Company, LLC, 4300                         the possibility of a new or different kind of
                                              changes do not affect any postulated accident            Winfield Road, Warrenville, Illinois                  accident from any accident previously
                                              precursors, do not affect any accident                   60555.                                                evaluated?
                                              mitigating systems, and do not introduce any                NRC Branch Chief: Douglas A.                          Response: No.
                                              new accident initiation mechanisms.                                                                               The proposed change does not introduce a
                                                                                                       Broaddus.                                             new mode of plant operation or involve a
                                                 Therefore, the proposed TS changes do not
                                              involve a significant increase in the                    FirstEnergy Nuclear Operating                         physical modification to the plant. New
                                              probability or consequences of an accident                  Company, et al., Docket Nos. 50–334                equipment is not installed with the proposed
                                              previously evaluated.                                       and 50–412, Beaver Valley Power                    amendment, nor does the proposed
                                                 2. Does the proposed amendment create                    Station, Unit Nos. 1 and 2 (BVPS–1                 amendment cause existing equipment to be
                                              the possibility of a new or different kind of               and BVPS–2), Beaver County,                        operated in a new or different manner. The
                                              accident from any accident previously                       Pennsylvania                                       change to cyber security implementation
                                              evaluated?                                                  Date of amendment request: March                   plan milestone 8 is administrative in nature
                                                 Response: No.                                         19, 2015, as supplemented by letter                   and relies on the significant protection
                                                 The SLMCPR is a TS numerical value,                                                                         against cyber-attacks that has been gained
                                              calculated to reasonably assure that during
                                                                                                       dated May 6, 2015. Publicly-available                 through the implementation of CSP
                                              normal operation and during anticipated                  versions are in ADAMS under                           milestones 1 through 7. Since the proposed
                                              operational transients, at least 99.9% of all            Accession Nos. ML15084A346 and                        amendment does not involve a change to the
                                              fuel rods in the core do not experience                  ML15127A202, respectively.                            plan design or operation, no new system
                                              boiling transition if the limit is not violated.            Description of amendment request:                  interactions are created by this change. The
                                              The new SLMCPRs are calculated using NRC-                This amendment request contains                       proposed changes do not result in any new
                                              approved methodology discussed in NEDE–                  sensitive unclassified non-safeguards                 failure modes, and thus cannot initiate an
                                              24011–P–A, ‘‘General Electric Standard                   information (SUNSI). The amendment                    accident different from those previously
                                              Application for Reactor Fuel,’’ Revision 20                                                                    evaluated.
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                                                                                                       would change the BVPS–1 and BVPS–
                                              [ADAMS Accession No. ML13352A474]. The                                                                            Therefore, the proposed change does not
                                                                                                       2 Operating License. Specifically, the
                                              proposed changes do not involve any new                                                                        create the possibility of a new or different
                                              modes of operation, any changes to setpoints,            proposed license amendment would                      kind of accident from any previously
                                              or any plant modifications beyond those                  revise the Cyber Security Plan,                       evaluated.
                                              associated with the MELLLA+ LAR [ADAMS                   Milestone 8, full implementation date as                 3. Do the proposed changes involve a
                                              Accession No. ML14247A503]. The proposed                 set forth in the cyber security plan                  significant reduction in a margin of safety?
                                              revised MCPR safety limits have been shown               implementation schedule.                                 Response: No.



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                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                               38775

                                                 The proposed amendment does not affect                the EFW domain representing the same                    Because the MNGP configuration and
                                              the performance of any structures, systems or            region as the Maximum Extended Load Line              responses to transients and postulated
                                              components as described in the design basis              Limit Analysis Plus (MELLLA+), there is no            accidents do not result in exceeding the
                                              analyses. The change to milestone 8 of the               change in consequences of postulated                  presently-approved NRC acceptance limits,
                                              cyber security implementation plan is                    accidents when operating in the EFW                   the proposed changes do not involve a
                                              administrative in nature.                                operating domain compared to the operating            significant reduction in a margin of safety.
                                                 The proposed change does not introduce a              domain previously evaluated. The results of              The NRC staff has reviewed the
                                              new mode of plant operation or involve a                 accident evaluations remain within the NRC            licensee’s analysis and, based on this
                                              physical modification to the plant. The                  approved acceptance limits.                           review, it appears that the three
                                              proposed amendment does not introduce                       The spectrum of postulated transients has
                                                                                                       been investigated and is shown to meet the
                                                                                                                                                             standards of 10 CFR 50.92(c) are
                                              changes to limits established in the accident
                                              analysis. Since there is no impact to any                plant’s currently licensed regulatory criteria.       satisfied. Therefore, the NRC staff
                                              SSCs, or any maintenance or operational                  In the area of fuel and core design, the Safety       proposes to determine that the
                                              practice, there is also no reduction in any              Limit Minimum Critical Power Ratio                    amendment request involves no
                                              margin of safety.                                        (SLMCPR) is still met. Continued compliance           significant hazards consideration.
                                                 As the proposed change does not directly              with the SLMCPR will be confirmed on a                   Attorney for licensee: Peter M. Glass,
                                              impact SSCs, and milestones 1 through 7                  cycle specific basis consistent with the              Assistant General Counsel, Xcel Energy
                                              provide significant protection against cyber-            criteria accepted by the NRC. Challenges to           Services, Inc., 414 Nicollet Mall,
                                              attacks, the proposed change does not                    the Reactor Coolant Pressure Boundary were            Minneapolis, Minnesota 55401.
                                              involve a significant reduction in the margin            evaluated for the extended operating domain              NRC Branch Chief: David L. Pelton.
                                              of safety.                                               conditions (pressure, temperature, flow, and
                                                                                                       radiation) and were found to meet their               Omaha Public Power District, Docket
                                                 The NRC staff has reviewed the                                                                                 No. 50–285, Fort Calhoun Station,
                                                                                                       acceptance criteria for allowable stresses and
                                              licensee’s analysis and, based on this                   overpressure margin.                                     Unit No. 1, Washington County,
                                              review, it appears that the three                           Evaluations have also show that the                   Nebraska
                                              standards of 10 CFR 50.92(c) are                         consequences of the Loss of Coolant Accident             Date of amendment request:
                                              satisfied. Therefore, the NRC staff                      (LOCA) are not exacerbated by operation in            November 25, 2014, as supplemented by
                                              proposes to determine that the                           the EFW domain.                                       letter dated April 20, 2015. Publicly-
                                              amendment request involves no                               Therefore, the proposed changes do not             available versions are in ADAMS under
                                              significant hazards consideration.                       involve a significant increase in the
                                                                                                                                                             Accession Nos. ML15070A007 and
                                                 Attorney for licensee: David W.                       probability or consequences of an accident
                                                                                                       previously evaluated.                                 ML15110A420, respectively.
                                              Jenkins, FirstEnergy Nuclear Operating                                                                            Description of amendment request:
                                                                                                          2. Does the proposed amendment create
                                              Company, FirstEnergy Corporation, 76                     the possibility of a new or different kind of         This amendment request contains
                                              South Main Street, Akron, Ohio 44308.                    accident from any accident previously                 sensitive unclassified non-safeguards
                                                 NRC Branch Chief: Douglas A.                          evaluated?                                            information (SUNSI). The amendment
                                              Broaddus.                                                   Response: No.                                      would revise the Cyber Security Plan,
                                              Northern States Power Company—                              Equipment that could be affected by the            Milestone 8, full implementation date as
                                                 Minnesota, Docket No. 50–263,                         EFW operating domain has been evaluated.              set forth in the Fort Calhoun Station
                                                 Monticello Nuclear Generating Plant                   Aside from small changes to plant setpoints,          cyber security plan implementation
                                                 (MNGP), Wright County, Minnesota                      the only physical change that is proposed
                                                                                                                                                             schedule.
                                                                                                       involves installation of an electrical jumper
                                                 Date of amendment request: October                                                                             Basis for proposed no significant
                                                                                                       that had been previously approved and
                                              3, 2014. A publicly-available version is                 installed for several operating cycles. No new        hazards consideration determination:
                                              in ADAMS under Package Accession                         operating mode, safety-related equipment              As required by 10 CFR 50.91(a), the
                                              No. ML14283A125.                                         lineup, accident scenario, or equipment               licensee has provided its analysis of the
                                                 Description of amendment request:                     failure mode was identified. The full                 issue of no significant hazards
                                              This amendment request contains                          spectrum of accident considerations has been          consideration, which is presented
                                              sensitive unclassified non-safeguards                    evaluated and no new or different kind of             below:
                                              information (SUNSI). The proposed                        accident has been identified. The EFW
                                                                                                       operating domain uses developed technology               1. Does the proposed amendment involve
                                              amendment would revise the MNGP                                                                                a significant increase in the probability or
                                              Technical Specifications and approve                     and applies it within the capabilities of
                                                                                                                                                             consequences of an accident previously
                                                                                                       existing plant safety-related equipment in
                                              certain analytical methods to support                    accordance with the regulatory criteria. No
                                                                                                                                                             evaluated?
                                              operation in the expanded power-flow                                                                              Response: No.
                                                                                                       new accident or event precursor has been
                                              operating domain described as the                                                                                 This amendment proposes a change to the
                                                                                                       identified.
                                              Extended Flow Window (EFW).                                                                                    Fort Calhoun Station (FCS)/Omaha Public
                                                                                                          Therefore, the proposed changes do not             Power District (OPPD) Cyber Security
                                                 Basis for proposed no significant                     create the possibility of a new or different          Program (CSP) Milestone 8 (MS8) full
                                              hazards consideration determination:                     kind of accident from any accident                    implementation date as set forth in the CSP
                                              As required by 10 CFR 50.91(a), the                      previously evaluated.                                 Implementation Schedule and associated
                                              licensee has provided its analysis of the                   3. Does the proposed amendment involve             regulatory commitment. The revision of the
                                              issue of no significant hazards                          a significant reduction in a margin of safety?        MS8 implementation date for the CSP does
                                                                                                          Response: No.                                      not involve modifications to any safety-
                                              consideration, which is presented
                                                                                                          The EFW operating domain affects only              related structures, systems, or components
                                              below:                                                   design and operational margins. Challenges            (SSCs). The revision of the CSP
                                                 1. Does the proposed amendment involve                to the fuel, reactor coolant pressure                 Implementation Schedule will not alter
                                              a significant increase in the probability or             boundary, and containment were evaluated              previously evaluated design basis accident
                                              consequences of an accident previously                   for the EFW operating domain conditions.              analysis assumptions, add any accident
                                              evaluated?                                               Fuel integrity is maintained by meeting
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                                                                                                                                                             initiators, modify the function of the plant
                                                 Response: No.                                         existing design and regulatory limits. The            safety-related SSCs, or affect how any plant
                                                 The probability (frequency of occurrence)             calculated loads on affected structures,              safety-related SSCs are operated, maintained,
                                              of Design Basis Accidents occurring is not               systems and components (including the                 modified, tested, or inspected.
                                              affected by the EFW operating domain                     reactor coolant pressure boundary) will                  Therefore, the proposed change does not
                                              because MNGP will continue to comply with                remain within their design basis event                involve a significant increase in the
                                              the regulatory and design basis criteria                 categories. No NRC acceptance criterion is            probability or consequences of an accident
                                              established for plant equipment. Based on                exceeded.                                             previously evaluated.



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                                              38776                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                                 2. Does the proposed amendment create                 surveillance. The proposed changes                       Response: No.
                                              the possibility of a new or different kind of            would support the installation and use                   The manner in which the RTS provides
                                              accident from any accident previously                    of bypass test capability for the power               plant protection is not changed. Surveillance
                                              evaluated?                                                                                                     testing in bypass does not affect accident
                                                                                                       range nuclear instrumentation.
                                                 Response: No.                                                                                               initiation sequences or response scenarios as
                                                 This amendment proposes a change to the                  Basis for proposed no significant                  modeled in the safety analyses. The PR
                                              CSP MS8 full implementation date as set                  hazards consideration determination:                  nuclear instrumentation will continue to
                                              forth in the CSP Implementation Schedule                 As required by 10 CFR 50.91(a), the                   have the same setpoints. No new failure
                                              and associated regulatory commitment. The                licensee has provided its analysis of the             modes are created for any plant equipment.
                                              revision of the MS8 full implementation date             issue of no significant hazards                       The bypass test instrumentation has been
                                              for the CSP does not involve modifications to            consideration, which is presented                     designed and qualified to applicable
                                              any safety-related SSCs. No new accident                 below, with the NRC staff’s edits in                  regulatory and industry standards. Fault
                                              scenarios, failure mechanisms, or limiting                                                                     conditions, failure detection, reliability, and
                                                                                                       square brackets:
                                              single failures are introduced as a result of                                                                  equipment qualification have been
                                              this proposed amendment.                                    1. Do the proposed changes involve a               considered. Existing accident scenarios
                                                 Therefore, the proposed change does not               significant increase in the probability or            remain unchanged and new or different
                                              create the possibility of a new or different             consequences of an accident previously                accident scenarios are not created. The types
                                              kind of accident from any previously                     evaluated?                                            of accidents defined in the Updated Final
                                              evaluated.                                                  Response: No.                                      Safety Analysis Report (UFSAR) continue to
                                                 3. Does the proposed amendment involve                   The power range (PR) nuclear                       represent the credible spectrum of events
                                              a significant reduction in a margin of safety?           instrumentation is not an accident initiator or       analyzed to determine safe plant operation.
                                                 Response: No.                                         precursor. The PR nuclear instrumentation                Therefore, the proposed changes do not
                                                 The amendment proposes a change to the                provides indication and plant protection              create the possibility of a new or different
                                              CSP MS8 full implementation date as set                  through a reactor trip. The reactor trip is part      kind of accident from any previously
                                              forth in the CSP Implementation Schedule                 of the plant’s accident mitigation response.          evaluated.
                                              and associated regulatory commitment. The                With the existing system, analog channel                 3. Do the proposed changes involve a
                                              revision of the MS8 full implementation date             comparators are placed in the tripped                 significant reduction in a margin of safety?
                                              for the CSP does not involve modifications to            condition for channel testing. This changes              Response: No.
                                              any safety-related SSCs. The proposed                    the normal two-out-of-four coincidence trip              Safety analyses are not changed or
                                              amendment has no effect on the structural                logic to a one-out-of-three trip logic. In this       modified as a result of the proposed
                                              integrity of the fuel cladding, reactor coolant          condition, a human error, channel failure, or         Technical Specification (TS) changes to
                                              pressure boundary, or containment structure.             spurious transient in a redundant channel             reflect installed PR nuclear instrumentation
                                                 Therefore, the proposed change does not               could result in a reactor trip. Testing the PR        bypass test capability. The changes do not
                                              involve a significant reduction in a margin of           nuclear instrumentation channels in bypass            alter the manner in which the safety limits,
                                              safety.                                                  eliminates the spurious reactor trip because          limiting safety system setpoints, or limiting
                                                 The NRC staff has reviewed the                        the trip logic becomes two-out-of-three;              conditions for operation are determined.
                                              licensee’s analysis and, based on this                   thereby retaining the two channels required           Margins associated with the applicable safety
                                              review, it appears that the three                        to actuate the protective function.                   analyses acceptance criteria are unaffected.
                                                                                                          The proposed change does not affect how            The current safety analyses remain bounding;
                                              standards of 10 CFR 50.92(c) are                         the Reactor Trip System (RTS) functions. The
                                              satisfied. Therefore, the NRC staff                                                                            their assumptions and conclusions are not
                                                                                                       proposed change does not alter or prevent             affected by performing PR nuclear
                                              proposes to determine that the                           any structures, systems, or components from           instrumentation surveillance testing in
                                              amendment request involves no                            performing their intended design basis                bypass. The safety systems credited in the
                                              significant hazards consideration.                       function(s) to mitigate the consequences of           safety analyses continue to remain available
                                                 Attorney for licensee: David A. Repka,                an initiating event within the applicable             to perform their required mitigation
                                              Esq., Winston & Strawn, 1700 K Street                    acceptance criteria. Surveillance testing in          functions. The impact of testing in bypass
                                              NW., Washington, DC 20006–3817.                          the bypass condition will not cause any               upon reactor safety was previously evaluated
                                                 NRC Branch Chief: Michael T.                          design or analysis acceptance criteria to be          by the NRC during their review of WCAP–
                                              Markley.                                                 exceeded.                                             10271–P–A [titled ‘‘Evaluation of
                                                                                                          PR channel testing in bypass does not              Surveillance Frequencies and Out of Service
                                              PSEG Nuclear LLC, Docket Nos. 50–272                     affect the source term, containment isolation,        Times for the Reactor Protection
                                                 and 50–311, Salem Nuclear                             or radiological release assumptions used in           Instrumentation System’’], and determined to
                                                 Generating Station, Unit Nos. 1 and 2,                evaluating the radiological consequences of           be acceptable.
                                                 Salem County, New Jersey                              an accident previously evaluated. The                    Therefore, the proposed changes do not
                                                 Date of amendment request: March                      proposed change does not increase the types           involve a significant reduction in the margin
                                              27, 2015. A publicly-available version is                or amounts of radioactive effluent that may           of safety.
                                              in ADAMS under Accession No.                             be released offsite, or significantly increase
                                                                                                       individual or cumulative occupational/                   The NRC staff has reviewed the
                                              ML15086A201.                                                                                                   licensee’s analysis and, based on this
                                                 Description of amendment request:                     public radiation exposures. The change is
                                                                                                       consistent with safety analysis assumptions           review, it appears that the three
                                              This amendment request contains
                                                                                                       and resultant consequences. Implementation            standards of 10 CFR 50.92(c) are
                                              sensitive unclassified non-safeguards                    of the PR nuclear instrumentation bypass              satisfied. Therefore, the NRC staff
                                              information (SUNSI). The proposed                        testing capability does not affect the integrity      proposes to determine that the
                                              amendments would revise Technical                        of the fission product barriers utilized for the      amendment request involves no
                                              Specification 3/4.3.3, ‘‘Reactor Trip                    mitigation of radiological dose consequences          significant hazards consideration.
                                              System Instrumentation,’’ Table 3.3–1,                   as a result of a design basis accident. The
                                              Action 2, to allow one channel to be                     plant response as assumed in the safety                  Attorney for licensee: Jeffrie J. Keenan,
                                              bypassed for up to 4 hours for                           analyses is unaffected by this change.                PSEG Nuclear LLC—N21, P.O. Box 236,
                                                                                                          Therefore, the proposed changes do not             Hancocks Bridge, New Jersey 08038.
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                                              surveillance testing and would establish
                                              two new action notes for the power                       involve a significant increase in the                    NRC Branch Chief: Douglas A.
                                                                                                       probability or consequences of an accident            Broaddus.
                                              range nuclear instrumentation in Table                   previously evaluated.
                                              4.3–1, which would exclude solid state                      2. Do the proposed changes create the              Susquehanna Nuclear, LLC, Docket Nos.
                                              protection system input relays from the                  possibility of a new or different kind of                50–387 and 50–388, Susquehanna
                                              surveillance testing when the bypass                     accident from any accident previously                    Steam Electric Station (SSES), Units 1
                                              test capability is used to perform the                   evaluated?                                               and 2, Luzerne County, Pennsylvania


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                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                              38777

                                                 Date of amendment request:                               Therefore, the proposed changes do not             information (SUNSI). The amendment
                                              December 2, 2014, as supplemented by                     involve a significant increase in the                 would revise Section 2.1.1.2 of the
                                              letters dated February 12, 2015, and                     probability or consequences of an accident            Technical Specifications (TSs),
                                                                                                       previously evaluated.
                                              May 4, 2015. Publicly-available versions                                                                       changing the value of the safety limit
                                                                                                          2. Do the proposed changes create the
                                              are in ADAMS under Accession Nos.                        possibility of a new or different kind of             minimum critical power ratio (SLMCPR)
                                              ML14336A246, ML15044A053, and                            accident from any accident previously                 for two-loop operation from the current
                                              ML15124A668, respectively.                               evaluated?                                            1.09 to 1.06, and for single-loop
                                                 Description of amendment request:                        Response: No.                                      operation from the current 1.11 to 1.08.
                                              This request contains sensitive                             The implementation of the [Susquehanna]            The proposed revised values are
                                              unclassified non-safeguards information                  CSP does not introduce new equipment that             supported by the application of the
                                              (SUNSI). The amendments would revise                     could create a new or different kind of               methodology approved previously for
                                              the SSES Unit 1 and Unit 2 Cyber                         accident, and no new equipment failure                BFN Unit 3 by Amendment No. 270,
                                              Security Plan, Milestone 8, full                         modes are created. No new accident
                                                                                                                                                             dated July 31, 2014 (ADAMS Accession
                                                                                                       scenarios, failure mechanisms, or limiting
                                              implementation date as set forth in the                                                                        No. ML1411A286).
                                                                                                       single failures are introduced as a result of
                                              SSES cyber security plan                                 this proposed amendment.                                 Basis for proposed no significant
                                              implementation schedule.                                    Therefore, the proposed change does not            hazards consideration determination:
                                                 On June 1, 2015, the NRC staff issued                 create the possibility of a new or different          As required by 10 CFR 50.91(a), the
                                              an amendment changing the name on                        kind of accident from any previously                  licensee has provided its analysis of the
                                              the SSES license from PPL                                evaluated.                                            issue of no significant hazards
                                              Susquehanna, LLC, to Susquehanna                            3. Do the proposed changes involve a               consideration, which is presented
                                              Nuclear, LLC. This amendment was                         significant reduction in a margin of safety?          below:
                                              issued subsequent to an Order issued on                     Response: No
                                                                                                          The margin of safety is associated with the           1. Does the proposed amendment involve
                                              April 10, 2015, to SSES approving an                                                                           a significant increase in the probability or
                                                                                                       confidence in the ability of the fission
                                              indirect license transfer. As such, all                                                                        consequences of an accident previously
                                                                                                       product barriers (i.e., fuel cladding, reactor
                                              references in the basis for proposed no                  coolant pressure boundary, and containment            evaluated?
                                              significant hazards consideration below                  structure) to limit the level of radiation to the        Response: No.
                                              to PPL Susquehanna, LLC, have been                       public. The proposed amendment does not                  The proposed TS revision is based on the
                                              replaced with references to                              alter the way any safety-related SSC                  implementation of a previously approved
                                              Susquehanna Nuclear, LLC, and are                        functions and does not alter the way the              methodology. As such, it involves no changes
                                              shown in square brackets [ ].                            plant is operated. The [Susquehanna] CSP              to the operation of any system or component
                                                 Basis for proposed no significant                     provides assurance that safety-related SSCs           during normal, accident, or transient
                                                                                                       are protected from cyber-attacks. The                 operating conditions. The change does not
                                              hazards consideration determination:                                                                           affect the initiators of any [previously
                                              As required by 10 CFR 50.91(a), the                      proposed amendment does not introduce any
                                                                                                       new uncertainties or change any existing              evaluated] accident.
                                              licensee has provided its analysis of the                uncertainties associated with any safety                 Therefore, the proposed change does not
                                              issue of no significant hazards                          limit. The proposed amendment has no effect           involve a significant increase in the
                                              consideration, which is presented                        on the structural integrity of the fuel               probability or consequences of an accident
                                              below, with the NRC staff’s edits in                     cladding, reactor coolant pressure boundary,          previously evaluated.
                                              square brackets:                                         or containment structure. Based on the above             2. Does the proposed amendment create
                                                                                                       considerations, the proposed amendment                the possibility of a new or different kind of
                                                1. Do the proposed changes involve a                                                                         accident from any accident previously
                                              significant increase in the probability or               does not degrade the confidence in the ability
                                                                                                       of the fission product barriers to limit the          evaluated?
                                              consequences of an accident previously
                                                                                                       level of radiation to the public.                        Response: No.
                                              evaluated?
                                                                                                          Therefore, the proposed change does not               The proposed reduction of the SLMCPR
                                                Response: No.
                                                                                                       involve a reduction in a margin of safety.            values is based upon previously approved
                                                The amendment proposes a change to the
                                                                                                                                                             methodologies and does not involve changes
                                              [Susquehanna Nuclear, LLC, (Susquehanna)]                   The NRC staff has reviewed the
                                              Cyber Security Plan (CSP) Milestone 8 (M8)                                                                     to the plant hardware or its operating
                                                                                                       licensee’s analysis and, based on this                characteristics. As a result, no new failure
                                              full implementation date as set forth in the             review, it appears that the three
                                              [Susquehanna] CSP implementation                                                                               modes are being introduced.
                                                                                                       standards of 10 CFR 50.92(c) are                         Therefore, the proposed change does not
                                              schedule. The revision of the full
                                              implementation date for the [Susquehanna]                satisfied. Therefore, the NRC staff                   introduce a new or different kind of accident
                                              CSP does not involve modifications to any                proposes to determine that the                        from those previously evaluated.
                                              safety-related structures, systems or                    amendment request involves no                            3. Does the proposed amendment involve
                                              components (SSCs). Rather, the                           significant hazards consideration.                    a significant reduction in the margin of
                                              implementation schedule provides a                          Attorney for licensee: Damon D. Obie,              safety?
                                              timetable for fully implementing the                     Assoc. General Counsel, Talen Energy                     Response: No.
                                              [Susquehanna] CSP. The CSP describes how                                                                          The margin of safety is established through
                                                                                                       Supply, LLC, 835 Hamilton Street, Suite               the design of plant structures, systems, and
                                              the requirements of 10 CFR 73.54 are to be               150, Allentown, Pennsylvania 18101.
                                              implemented to identify, evaluate, and                                                                         components, and through the parameters for
                                                                                                          NRC Branch Chief: Douglas A.                       safe operation and setpoints of equipment
                                              mitigate cyber-attacks up to and including
                                              the design basis cyber[-]attack threat, thereby          Broaddus.                                             relied upon to respond to transients and
                                              achieving high assurance that the facility’s             Tennessee Valley Authority (TVA),                     design basis accidents. The proposed change
                                              digital computer and communications                         Docket No. 50–296, Browns Ferry                    in SLMCPR does not change the
                                              systems and networks are protected from                     Nuclear Plant (BFN), Unit 3,                       requirements governing operation or
                                              cyber-attacks. The revision of the                          Limestone County, Alabama                          availability of safety equipment assumed to
                                                                                                                                                             operate to preserve the margin of safety. The
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                                              [Susquehanna] Cyber Security Plan                           Date of amendment request: March 6,
                                              implementation schedule will not alter                                                                         change does not alter the behavior of the
                                                                                                       2015. A publicly-available version is in              plant equipment.
                                              previously evaluated design basis accident
                                              analysis assumptions, add any accident                   ADAMS under Accession No.                                The reduction of the SLMCPR values does
                                              initiators, modify the function of the plant             ML15090A436.                                          not change the requirement that no more
                                              safety-related SSCs, or affect how any plant                Description of amendment request:                  than 0.1% of fuel rods in the core experience
                                              safety-related SSCs are operated, maintained,            This amendment request contains                       boiling transition during normal operation
                                              modified, tested, or inspected.                          sensitive unclassified non-safeguards                 and anticipated operational occurrences.



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                                              38778                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                                Therefore, the proposed change does not                Schedule is administrative in nature. This               Steam Electric Station, Units 1 and 2,
                                              involve a significant reduction in a margin of           change does not alter accident analysis                  Luzerne County, Pennsylvania
                                              safety.                                                  assumptions, add any initiators, or affect the        Tennessee Valley Authority, Docket No.
                                                 The NRC staff has reviewed the                        function of plant systems or the manner in               50–296, Browns Ferry Nuclear Plant,
                                              licensee’s analysis and, based on this                   which systems are operated, maintained,                  Unit 3, Limestone County, Alabama
                                                                                                       modified, tested, or inspected. The proposed
                                              review, it appears that the three                                                                              Union Electric Company, Docket No.
                                                                                                       change does not require any plant
                                              standards of 10 CFR 50.92(c) are                         modifications that could introduce new
                                                                                                                                                                50–483, Callaway Plant, Unit 1,
                                              satisfied. Therefore, the NRC staff                      failure modes leading or contributing to a               Callaway County, Missouri
                                              proposes to determine that the                           new or different kind of accident.                       A. This Order contains instructions
                                              amendment request involves no                               Therefore, the proposed change does not            regarding how potential parties to this
                                              significant hazards consideration.                       create the possibility of a new or different          proceeding may request access to
                                                 Attorney for licensee: General                        kind of accident from any accident                    documents containing SUNSI.
                                              Counsel, Tennessee Valley Authority,                     previously evaluated.                                    B. Within 10 days after publication of
                                              400 West Summit Hill Drive, WT 6A–                          Criterion 3. The proposed change does not          this notice of hearing and opportunity to
                                              K, Knoxville, Tennessee 37902.                           involve a significant reduction in the margin         petition for leave to intervene, any
                                                 NRC Branch Chief: Shana R. Helton.                    of safety.
                                                                                                          Plant safety margins are established
                                                                                                                                                             potential party who believes access to
                                              Union Electric Company, Docket No.                       through limiting conditions for operation,            SUNSI is necessary to respond to this
                                                 50–483, Callaway Plant, Unit 1                        limiting safety system settings, and safety           notice may request such access. A
                                                 (Callaway), Callaway County,                          limits specified in the technical                     ‘‘potential party’’ is any person who
                                                 Missouri                                              specifications. The proposed change to the            intends to participate as a party by
                                                 Date of amendment request: April 29,                  Callaway Cyber Security Plan                          demonstrating standing and filing an
                                                                                                       Implementation Schedule is administrative             admissible contention under 10 CFR
                                              2015. A publicly-available version is in                 in nature.
                                              ADAMS under Accession No.                                                                                      2.309. Requests for access to SUNSI
                                                                                                          Therefore, the proposed change does not            submitted later than 10 days after
                                              ML15120A482.                                             involve a significant reduction in a margin of
                                                 Description of amendment request:                                                                           publication of this notice will not be
                                                                                                       safety.
                                              This amendment request contains                                                                                considered absent a showing of good
                                                                                                          The NRC staff has reviewed the                     cause for the late filing, addressing why
                                              sensitive unclassified non-safeguards                    licensee’s analysis and, based on this
                                              information (SUNSI). The amendment                                                                             the request could not have been filed
                                                                                                       review, it appears that the three                     earlier.
                                              would revise the Cyber Security Plan,                    standards of 10 CFR 50.92(c) are                         C. The requester shall submit a letter
                                              Milestone 8, full implementation date as                 satisfied. Therefore, the NRC staff                   requesting permission to access SUNSI
                                              set forth in the Callaway cyber security                 proposes to determine that the                        to the Office of the Secretary, U.S.
                                              plan implementation schedule.                            amendment request involves no                         Nuclear Regulatory Commission,
                                                 Basis for proposed no significant                     significant hazards consideration.                    Washington, DC 20555–0001, Attention:
                                              hazards consideration determination:                        Attorney for licensee: John O’Neill,               Rulemakings and Adjudications Staff,
                                              As required by 10 CFR 50.91(a), the                      Esq., Pillsbury Winthrop Shaw Pittman                 and provide a copy to the Associate
                                              licensee has provided its analysis of the                LLP, 2300 N Street NW., Washington,                   General Counsel for Hearings,
                                              issue of no significant hazards                          DC 20037.                                             Enforcement and Administration, Office
                                              consideration, which is presented                           NRC Branch Chief: Michael T.                       of the General Counsel, Washington, DC
                                              below:                                                   Markley.                                              20555–0001. The expedited delivery or
                                                Criterion 1. The proposed change does not                                                                    courier mail address for both offices is:
                                              involve a significant increase in the                    Order Imposing Procedures for Access
                                                                                                       to Sensitive Unclassified Non-                        U.S. Nuclear Regulatory Commission,
                                              probability or consequences of an accident                                                                     11555 Rockville Pike, Rockville,
                                              previously evaluated.                                    Safeguards Information for Contention
                                                The proposed change is administrative in               Preparation                                           Maryland 20852. The email address for
                                              nature as it only involves extending the                                                                       the Office of the Secretary and the
                                                                                                       Exelon Generation Company, LLC, and                   Office of the General Counsel are
                                              timeframe for final implementation of the
                                              cyber security plan for Callaway. It involves              PSEG Nuclear LLC, Docket No. 50–                    Hearing.Docket@nrc.gov and
                                              no change to the intended plan itself. The                 278, Peach Bottom Atomic Power                      OGCmailcenter@nrc.gov, respectively.1
                                              change does not alter accident analysis                    Station, Unit 3, York and Lancaster                 The request must include the following
                                              assumptions, add any initiators, or affect the             Counties, Pennsylvania                              information:
                                              function of plant systems or the manner in               FirstEnergy Nuclear Operating                            (1) A description of the licensing
                                              which systems are operated, maintained,                    Company, et al., Docket Nos. 50–334                 action with a citation to this Federal
                                              modified, tested, or inspected. The proposed               and 50–412, Beaver Valley Power                     Register notice;
                                              change does not require any plant                          Station, Unit Nos. 1 and 2, Beaver                     (2) The name and address of the
                                              modifications that affect the performance
                                                                                                         County, Pennsylvania                                potential party and a description of the
                                              capability of the structures, systems, and
                                              components (SSCs) relied upon to mitigate                Northern States Power Company—                        potential party’s particularized interest
                                              the consequences of postulated accidents,                  Minnesota, Docket No. 50–263,                       that could be harmed by the action
                                              and has no impact on the probability or                    Monticello Nuclear Generating Plant,                identified in C.(1); and
                                              consequences of an accident previously                     Wright County, Minnesota                               (3) The identity of the individual or
                                              evaluated.                                               Omaha Public Power District, Docket                   entity requesting access to SUNSI and
                                                Therefore, the proposed changes do not                   No. 50–285, Fort Calhoun Station,                   the requester’s basis for the need for the
                                              involve a significant increase in the                      Unit No. 1, Washington County,                      information in order to meaningfully
                                              probability or consequences of an accident
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                                                                                                         Nebraska                                            participate in this adjudicatory
                                              previously evaluated.
                                                                                                       PSEG Nuclear LLC, Docket Nos. 50–272
                                                Criterion 2. The proposed change does not
                                              create the possibility of a new or different               and 50–311, Salem Nuclear                              1 While a request for hearing or petition to

                                                                                                         Generating Station, Unit Nos. 1 and 2,              intervene in this proceeding must comply with the
                                              kind of accident from any accident                                                                             filing requirements of the NRC’s ‘‘E-Filing Rule,’’
                                              previously evaluated.                                      Salem County, New Jersey                            the initial request to access SUNSI under these
                                                The proposed change to the Callaway                    Susquehanna Nuclear, LLC, Docket Nos.                 procedures should be submitted as described in this
                                              Cyber Security Plan Implementation                         50–387 and 50–388, Susquehanna                      paragraph.



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                                                                                     Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                                  38779

                                              proceeding. In particular, the request                         granted access to that information.                   granting access to SUNSI whose release
                                              must explain why publicly-available                            However, if more than 25 days remain                  would harm that party’s interest
                                              versions of the information requested                          between the date the petitioner is                    independent of the proceeding. Such a
                                              would not be sufficient to provide the                         granted access to the information and                 challenge must be filed with the Chief
                                              basis and specificity for a proffered                          the deadline for filing all other                     Administrative Judge within 5 days of
                                              contention.                                                    contentions (as established in the notice             the notification by the NRC staff of its
                                                 D. Based on an evaluation of the                            of hearing or opportunity for hearing),               grant of access.
                                              information submitted under paragraph                          the petitioner may file its SUNSI                       If challenges to the NRC staff
                                              C.(3) the NRC staff will determine                             contentions by that later deadline. This              determinations are filed, these
                                              within 10 days of receipt of the request                       provision does not extend the time for                procedures give way to the normal
                                              whether:                                                       filing a request for a hearing and                    process for litigating disputes
                                                 (1) There is a reasonable basis to                          petition to intervene, which must                     concerning access to information. The
                                              believe the petitioner is likely to                            comply with the requirements of 10 CFR                availability of interlocutory review by
                                              establish standing to participate in this                      2.309.                                                the Commission of orders ruling on
                                              NRC proceeding; and                                               G. Review of Denials of Access.
                                                 (2) The requestor has established a                                                                               such NRC staff determinations (whether
                                                                                                                (1) If the request for access to SUNSI             granting or denying access) is governed
                                              legitimate need for access to SUNSI.
                                                 E. If the NRC staff determines that the                     is denied by the NRC staff after a                    by 10 CFR 2.311.3
                                              requestor satisfies both D.(1) and D.(2)                       determination on standing and need for                  I. The Commission expects that the
                                              above, the NRC staff will notify the                           access, the NRC staff shall immediately               NRC staff and presiding officers (and
                                              requestor in writing that access to                            notify the requestor in writing, briefly              any other reviewing officers) will
                                              SUNSI has been granted. The written                            stating the reason or reasons for the                 consider and resolve requests for access
                                              notification will contain instructions on                      denial.                                               to SUNSI, and motions for protective
                                              how the requestor may obtain copies of                            (2) The requester may challenge the                orders, in a timely fashion in order to
                                              the requested documents, and any other                         NRC staff’s adverse determination by                  minimize any unnecessary delays in
                                              conditions that may apply to access to                         filing a challenge within 5 days of                   identifying those petitioners who have
                                              those documents. These conditions may                          receipt of that determination with: (a)               standing and who have propounded
                                              include, but are not limited to, the                           The presiding officer designated in this              contentions meeting the specificity and
                                              signing of a Non-Disclosure Agreement                          proceeding; (b) if no presiding officer               basis requirements in 10 CFR part 2.
                                              or Affidavit, or Protective Order 2 setting                    has been appointed, the Chief                         Attachment 1 to this Order summarizes
                                              forth terms and conditions to prevent                          Administrative Judge, or if he or she is              the general target schedule for
                                              the unauthorized or inadvertent                                unavailable, another administrative                   processing and resolving requests under
                                              disclosure of SUNSI by each individual                         judge, or an administrative law judge                 these procedures.
                                              who will be granted access to SUNSI.                           with jurisdiction pursuant to 10 CFR
                                                                                                             2.318(a); or (c) officer if that officer has            IT IS SO ORDERED.
                                                 F. Filing of Contentions. Any
                                              contentions in these proceedings that                          been designated to rule on information                  Dated at Rockville, Maryland, this 24th day
                                              are based upon the information received                        access issues.                                        of June 2015.
                                              as a result of the request made for                               H. Review of Grants of Access. A                     For the Nuclear Regulatory Commission.
                                              SUNSI must be filed by the requestor no                        party other than the requester may                    Annette L. Vietti-Cook,
                                              later than 25 days after the requestor is                      challenge an NRC staff determination                  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 in-
                                                                              structions 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 formu-
                                                                              lation 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 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 in-
                                                                              forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
                                                                              formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
                                                                              essing (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).
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                                                2 Any motion for Protective Order or draft Non-              yet been designated, within 30 days of the deadline   staff determinations (because they must be served
                                              Disclosure Affidavit or Agreement for SUNSI must               for the receipt of the written access request.        on a presiding officer or the Commission, as
                                                                                                               3 Requesters should note that the filing
                                              be filed with the presiding officer or the Chief                                                                     applicable), but not to the initial SUNSI request
                                              Administrative Judge if the presiding officer has not          requirements of the NRC’s E-Filing Rule (72 FR        submitted to the NRC staff under these procedures.
                                                                                                             49139; August 28, 2007) apply to appeals of NRC



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                                              38780                                 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

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

                                              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 protec-
                                                                             tive 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/Intervenor reply to answers.
                                              >A + 60 .............       Decision on contention admission.



                                              [FR Doc. 2015–16223 Filed 7–6–15; 8:45 am]                    You may obtain publicly-available                     Natural Phenomena Hazards (NPH) in
                                              BILLING CODE 7590–01–P                                        information related to this document                  Fuel Cycle Facilities was published in
                                                                                                            using any of the following methods:                   the Federal Register on February 24,
                                                                                                               • Federal Rulemaking Web site: Go to               2015 (80 FR 9755). Comments were
                                              NUCLEAR REGULATORY                                            http://www.regulations.gov and search                 received from Stephen McDuffie
                                              COMMISSION                                                    for Docket ID NRC–2015–0035. Address                  (Agencywide Document and
                                              [NRC–2015–0035]                                               questions about NRC dockets to Carol                  Management System (ADAMS)
                                                                                                            Gallagher; telephone: 301–415–3463;                   Accession No. ML15096A476) and the
                                              Natural Phenomena Hazards in Fuel                             email: Carol.Gallagher@nrc.gov. For                   Nuclear Energy Institute (ADAMS
                                              Cycle Facilities                                              technical questions, contact the                      Accession No. ML15104A341). The
                                                                                                            individual listed in the FOR FURTHER                  evaluation of these comments and the
                                              AGENCY:  Nuclear Regulatory                                   INFORMATION CONTACT section of this                   resulting changes to the interim staff
                                              Commission.                                                   document.                                             guidance are discussed in a publicly-
                                              ACTION: Interim staff guidance; issuance.                        • NRC’s Agencywide Documents                       available document which is available
                                              SUMMARY:   The U.S. Nuclear Regulatory                        Access and Management System                          in ADAMS under Accession No.
                                              Commission (NRC) is announcing the                            (ADAMS): You may obtain publicly                      ML15121A039.
                                              availability of Interim Staff Guidance                        available documents online in the                       The final interim staff guidance is
                                              (ISG) for Natural Phenomena Hazards                           ADAMS Public Documents collection at                  available in ADAMS under Accession
                                              (NPH) in Fuel Cycle Facilities. Fuel                          http://www.nrc.gov/reading-rm/                        No. ML15121A044.
                                              cycle facility licensees are required to                      adams.html. To begin the search, select                 Dated at Rockville, Maryland, this 26th day
                                              conduct and maintain an Integrated                            ‘‘ADAMS Public Documents’’ and then                   of June, 2015.
                                              Safety Analysis (ISA). This analysis                          select ‘‘Begin Web-based ADAMS                          For the U.S. Nuclear Regulatory
                                              must examine potential accident                               Search.’’ For problems with ADAMS,                    Commission.
                                              sequences caused by process deviations                        please contact the NRC’s Public                       Marissa Bailey,
                                              or other events internal to the facility                      Document Room (PDR) reference staff at                Director, Division of Fuel Cycle Safety,
                                              and credible external events, including                       1–800–397–4209, 301–415–4737, or by                   Safeguards, and Environmental Review,
                                              natural phenomena. The staff is issuing                       email to pdr.resource@nrc.gov. The                    Office of Nuclear Material Safety and
                                              this ISG to provide additional guidance                       ADAMS accession number for each                       Safeguards.
                                              to the NRC staff for the review of fuel                       document referenced in this document                  [FR Doc. 2015–16542 Filed 7–6–15; 8:45 am]
                                              cycle facilities ISA evaluation of                            (if that document is available in                     BILLING CODE 7590–01–P
                                              accident sequences that may result from                       ADAMS) is provided the first time that
                                              NPH. This ISG will be incorporated into                       a document is referenced.
                                              future revisions of Appendix D of                                • NRC’s PDR: You may examine and                   NUCLEAR REGULATORY
                                              Chapter 3 of NUREG 1520, ‘‘Standard                           purchase copies of public documents at                COMMISSION
                                              Review Plan for the Review of a License                       the NRC’s PDR, Room O1–F21, One                       [NRC–2015–0106]
                                              Application for a Fuel Cycle Facility.’’                      White Flint North, 11555 Rockville
                                              Specific emphasis was provided on                             Pike, Rockville, Maryland 20852.                      Standard Review Plan for Renewal of
                                              seismic hazards due to recent events                          FOR FURTHER INFORMATION CONTACT:                      Specific Licenses and Certificates of
                                              such as the Fukushima Dai-ichi accident                       Jonathan Marcano, Office of Nuclear                   Compliance for Dry Storage of Spent
                                              and recent updates to the U.S.                                Materials Safety and Safeguards, U.S.                 Nuclear Fuel
                                              Geological Survey hazard curves.                              Nuclear Regulatory Commission,
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                                                                                                                                                                  AGENCY: Nuclear Regulatory
                                              DATES: The final ISG is available as of                       Washington, DC 20555–0001; telephone:                 Commission.
                                              July 7, 2015.                                                 301–415–6731, email:
                                                                                                                                                                  ACTION: Draft NUREG; request for
                                              ADDRESSES: Please refer to Docket ID                          Jonathan.Marcano@nrc.gov.
                                                                                                                                                                  comment.
                                              NRC–2015–0035 when contacting the                             SUPPLEMENTARY INFORMATION: A notice
                                              NRC about the availability of                                 of opportunity for public comment on                  SUMMARY:The U.S. Nuclear Regulatory
                                              information regarding this document.                          Draft Interim Staff Guidance (ISG) for                Commission (NRC) is issuing for public


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Document Created: 2015-12-15 13:26:59
Document Modified: 2015-12-15 13:26:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order.
DatesComments must be filed by August 6, 2015. A request for a hearing must be filed by September 8, 2015. Any potential party as defined in Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by July 17, 2015.
ContactJanet Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384, email: [email protected]
FR Citation80 FR 38771 

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