80 FR 53892 - Entergy Operations, Inc.; Waterford Steam Electric Station, Unit 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 173 (September 8, 2015)

Page Range		53892-53896
FR Document		2015-22553
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-038, issued to Entergy Operations, Inc. (the licensee), for operation of the Waterford Steam Electric Station, Unit 3. The proposed amendment will modify Technical Specification (TS) 3.1.3.4, ``Control Element Assembly [CEA] Drop Time,'' and the Final Safety Analysis Report (FSAR), Chapter 15, ``Accident Analyses.'' Specifically, the amendment would change TS 3.1.3.4 to revise the arithmetic average of all CEA drop times to be less than or equal to 3.5 seconds.
Federal Register, Volume 80 Issue 173 (Tuesday, September 8, 2015)
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53892-53896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22553]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-382; NRC- 2015-0205]


Entergy Operations, Inc.; Waterford Steam Electric Station, Unit 
3

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. NPF-038, 
issued to Entergy Operations, Inc. (the licensee), for operation of the 
Waterford Steam Electric Station, Unit 3. The proposed amendment will 
modify Technical Specification (TS) 3.1.3.4, ``Control Element Assembly 
[CEA] Drop Time,'' and the Final Safety Analysis Report (FSAR), Chapter 
15, ``Accident Analyses.'' Specifically, the amendment would change TS 
3.1.3.4 to revise the arithmetic average of all CEA drop times to be 
less than or equal to 3.5 seconds.

DATES: Submit comments by October 8, 2015. Requests for a hearing or 
petition for leave to intervene must be filed by November 9, 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-2015-0205. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael D. Orenak, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3229, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0205 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-2015-0205.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0205 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-38, issued to Entergy Operations, Inc., for 
operation of the Waterford Steam Electric Station, Unit 3, located in 
St. Charles County, Louisiana.
    By letter dated July 2, 2015 (ADAMS Accession No. ML15197A106), as 
supplemented by letter dated August 14, 2015 (ADAMS Accession No. 
ML15226A346), the licensee submitted an application for a license 
amendment request. The proposed amendment would change TS 3.1.3.4 to 
revise the arithmetic average of all CEA drop times to be less than or 
equal to 3.5 seconds.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in Sec.  50.92 of Title 10 of the Code of Federal 
Regulations (10 CFR), this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR

[[Page 53893]]

50.91(a), the licensee has provided its analysis of the issue of no 
significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change increases the TS 3.1.3.4 average and 
individual CEA drop time limits. The CEA drop time is required to be 
verified prior to Modes 1 or 2 of plant operations. The probability 
of an accident previously evaluated remains unchanged since the CEAs 
drop into the core as a result of an accident or transient 
condition, and the fact that the CEA drop time was increased does 
not in itself initiate an accident.
    The proposed change to the CEA drop time requirements have been 
evaluated for impact on the accident analyses. The accident analyses 
all remain within the regulatory acceptance criteria.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change increases the TS 3.1.3.4 average and 
individual CEA drop time limits. The proposed change does not 
involve a physical alteration of the plant (no new or different type 
of equipment will be installed) or a change in the methods governing 
plant operations. The proposed change will not introduce new failure 
modes or effects and will not, in the absence of other unrelated 
failures, lead to an accident whose consequences exceed the 
consequences of accidents previously analyzed.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The increase in CEA drop time as proposed in this TS 3.1.3.4 
change has been determined to have no significant impact on the 
accident analyses described in the FSAR which means this change does 
not have a significant reduction on the existing margins of safety 
for the fuel, the fuel cladding, the reactor coolant system 
boundary, or the containment building. The change in CEA drop time 
does not impact the fuel rod design or mechanical design analysis. 
The slightly slower drop time would produce a smaller impact on the 
fuel assembly and lower stresses on the CEAs. The accident analysis 
consequences became slightly more adverse but all remained within 
the regulatory acceptance limits, thus this change does not involve 
a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a No Significant Hazards 
Consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period should circumstances change during the 30-day comment period 
such that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. Should the Commission take action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
Should the Commission make a final No Significant Hazards Consideration 
Determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

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

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. The hearing request or petition must 
specifically explain the reasons why intervention should be permitted, 
with particular reference to the following general requirements: (1) 
The name, address, and telephone number of the requestor or petitioner; 
(2) the nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/petitioner's 
interest. The hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the

[[Page 53894]]

hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Hearing requests or petitions for leave to intervene must be filed 
no later than 60 days from the date of publication of this notice. 
Requests for hearing, petitions for leave to intervene, and motions for 
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, then any hearing 
held would take place before the issuance of any amendment unless the 
Commission finds an imminent danger to the health or safety of the 
public, in which case it will issue an appropriate order or rule under 
10 CFR part 2.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the

[[Page 53895]]

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.
    For further details with respect to this action, see the 
application for license amendment dated July 2, 2015, and supplement 
dated August 14, 2015.
    Attorney for licensee: Joseph A. Aluise, Associate General 
Counsel--Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New 
Orleans, Louisiana 70113.
    NRC Branch Chief: Meena K. Khanna.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication of this notice will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and need for access, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been 
designated to rule on information access issues.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by

[[Page 53896]]

the Commission of orders ruling on such NRC staff determinations 
(whether granting or denying access) is governed by 10 CFR 2.311.\3\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
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    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 1 day of September, 2015.

    For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting, Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
                Day                            Event/activity
------------------------------------------------------------------------
0.................................  Publication of Federal Register
                                     notice of hearing 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).
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. 2015-22553 Filed 9-4-15; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53893

50.91(a), the licensee has provided its satisfied. Therefore, the NRC staff that interest may be affected by the
analysis of the issue of no significant proposes to determine that the license results of the proceeding. The hearing
hazards consideration, which is amendment request involves a No request or petition must specifically
presented below: Significant Hazards Consideration. explain the reasons why intervention
1. Does the proposed change involve a The NRC is seeking public comments should be permitted, with particular
significant increase in the probability or on this proposed determination that the reference to the following general
consequences of an accident previously license amendment request involves no requirements: (1) The name, address,
evaluated? significant hazards consideration. Any and telephone number of the requestor
Response: No. comments received within 30 days after or petitioner; (2) the nature of the
The proposed change increases the TS the date of publication of this notice requestor’s/petitioner’s right under the
3.1.3.4 average and individual CEA drop time will be considered in making any final Act to be made a party to the
limits. The CEA drop time is required to be determination.
verified prior to Modes 1 or 2 of plant
proceeding; (3) the nature and extent of
Normally, the Commission will not the requestor’s/petitioner’s property,
operations. The probability of an accident
previously evaluated remains unchanged issue the amendment until the financial, or other interest in the
since the CEAs drop into the core as a result expiration of 60 days after the date of proceeding; and (4) the possible effect of
of an accident or transient condition, and the publication of this notice. The any decision or order which may be
fact that the CEA drop time was increased Commission may issue the license entered in the proceeding on the
does not in itself initiate an accident. amendment before expiration of the 60- requestor’s/petitioner’s interest. The
The proposed change to the CEA drop time day notice period if the Commission hearing request or petition must also
requirements have been evaluated for impact concludes the amendment involves no include the specific contentions that the
on the accident analyses. The accident significant hazards consideration. In
analyses all remain within the regulatory requestor/petitioner seeks to have
acceptance criteria. addition, the Commission may issue the litigated at the proceeding.
Therefore, the proposed change does not amendment prior to the expiration of For each contention, the requestor/
involve a significant increase in the the 30-day comment period should petitioner must provide a specific
probability or consequences of an accident circumstances change during the 30-day statement of the issue of law or fact to
previously evaluated. comment period such that failure to act be raised or controverted, as well as a
2. Does the proposed change create the in a timely way would result, for brief explanation of the basis for the
possibility of a new or different kind of example, in derating or shutdown of the contention. Additionally, the requestor/
accident from any accident previously facility. Should the Commission take petitioner must demonstrate that the
evaluated?
action prior to the expiration of either issue raised by each contention is
Response: No.
The proposed change increases the TS the comment period or the notice within the scope of the proceeding and
3.1.3.4 average and individual CEA drop time period, it will publish in the Federal is material to the findings that the NRC
limits. The proposed change does not involve Register a notice of issuance. Should the must make to support the granting of a
a physical alteration of the plant (no new or Commission make a final No Significant license amendment in response to the
different type of equipment will be installed) Hazards Consideration Determination, application. The hearing request or
or a change in the methods governing plant any hearing will take place after petition must also include a concise
operations. The proposed change will not issuance. The Commission expects that statement of the alleged facts or expert
introduce new failure modes or effects and the need to take this action will occur opinion that support the contention and
will not, in the absence of other unrelated
very infrequently. on which the requestor/petitioner
failures, lead to an accident whose
consequences exceed the consequences of III. Opportunity To Request a Hearing intends to rely at the hearing, together
accidents previously analyzed. and Petition for Leave To Intervene with references to those specific sources
Therefore, the proposed change does not and documents. The hearing request or
create the possibility of a new or different Within 60 days after the date of petition must provide sufficient
kind of accident from any accident publication of this Federal Register information to show that a genuine
previously evaluated. notice, any person whose interest may dispute exists with the applicant on a
3. Does the proposed change involve a be affected by this proceeding and who material issue of law or fact, including
significant reduction in a margin of safety? desires to participate as a party in the references to specific portions of the
Response: No. proceeding must file a written request
The increase in CEA drop time as proposed application for amendment that the
for hearing or a petition for leave to petitioner disputes and the supporting
in this TS 3.1.3.4 change has been
determined to have no significant impact on intervene specifying the contentions reasons for each dispute. If the
the accident analyses described in the FSAR which the person seeks to have litigated requestor/petitioner believes that the
which means this change does not have a in the hearing with respect to the application for amendment fails to
significant reduction on the existing margins license amendment request. Requests contain information on a relevant matter
of safety for the fuel, the fuel cladding, the for hearing and petitions for leave to as required by law, the requestor/
reactor coolant system boundary, or the intervene shall be filed in accordance petitioner must identify each failure and
containment building. The change in CEA with the NRC’s ‘‘Agency Rules of the supporting reasons for the
drop time does not impact the fuel rod design
Practice and Procedure’’ in 10 CFR part requestor’s/petitioner’s belief. Each
or mechanical design analysis. The slightly
slower drop time would produce a smaller 2. Interested person(s) should consult a contention must be one which, if
impact on the fuel assembly and lower current copy of 10 CFR 2.309, which is proven, would entitle the requestor/
stresses on the CEAs. The accident analysis available at the NRC’s PDR. The NRC’s petitioner to relief. A requestor/
regulations are accessible electronically
asabaliauskas on DSK5VPTVN1PROD with NOTICES

consequences became slightly more adverse petitioner who does not satisfy these
but all remained within the regulatory from the NRC Library on the NRC’s Web requirements for at least one contention
acceptance limits, thus this change does not site at http://www.nrc.gov/reading-rm/ will not be permitted to participate as a
involve a significant reduction in a margin of doc-collections/cfr/. party.
safety. As required by 10 CFR 2.309, a Those permitted to intervene become
The NRC staff has reviewed the request for hearing or petition for leave parties to the proceeding, subject to any
licensee’s analysis and, based on this to intervene must set forth with limitations in the order granting leave to
review, it appears that the three particularity the interest of the intervene, and have the opportunity to
standards of 10 CFR 50.92(c) are petitioner in the proceeding and how participate fully in the conduct of the

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53894 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices

hearing with respect to resolution of accordance with the procedures at http://www.nrc.gov/site-help/e-
that person’s admitted contentions, described below. submittals.html. A filing is considered
including the opportunity to present To comply with the procedural complete at the time the documents are
evidence and to submit a cross- requirements of E-Filing, at least 10 submitted through the NRC’s E-Filing
examination plan for cross-examination days prior to the filing deadline, the system. To be timely, an electronic
of witnesses, consistent with NRC participant should contact the Office of filing must be submitted to the E-Filing
regulations, policies, and procedures. the Secretary by email at system no later than 11:59 p.m. Eastern
The Atomic Safety and Licensing Board hearing.docket@nrc.gov, or by telephone Time on the due date. Upon receipt of
will set the time and place for any at 301–415–1677, to request (1) a digital a transmission, the E-Filing system
prehearing conferences and evidentiary identification (ID) certificate, which time-stamps the document and sends
hearings, and the appropriate notices allows the participant (or its counsel or the submitter an email notice
will be provided. representative) to digitally sign confirming receipt of the document. The
Hearing requests or petitions for leave documents and access the E-Submittal E-Filing system also distributes an email
to intervene must be filed no later than server for any proceeding in which it is notice that provides access to the
60 days from the date of publication of participating; and (2) advise the document to the NRC’s Office of the
this notice. Requests for hearing, Secretary that the participant will be General Counsel and any others who
petitions for leave to intervene, and submitting a request or petition for have advised the Office of the Secretary
motions for leave to file new or hearing (even in instances in which the that they wish to participate in the
amended contentions that are filed after participant, or its counsel or proceeding, so that the filer need not
the 60-day deadline will not be representative, already holds an NRC- serve the documents on those
entertained absent a determination by issued digital ID certificate). Based upon participants separately. Therefore,
the presiding officer that the filing this information, the Secretary will applicants and other participants (or
demonstrates good cause by satisfying establish an electronic docket for the their counsel or representative) must
the three factors in 10 CFR hearing in this proceeding if the apply for and receive a digital ID
2.309(c)(1)(i)–(iii). Secretary has not already established an certificate before a hearing request/
If a hearing is requested, the electronic docket. petition to intervene is filed so that they
Commission will make a final Information about applying for a can obtain access to the document via
determination on the issue of no digital ID certificate is available on the the E-Filing system.
significant hazards consideration. The NRC’s public Web site at http:// A person filing electronically using
final determination will serve to decide www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system
when the hearing is held. If the final getting-started.html. System may seek assistance by contacting the
determination is that the amendment requirements for accessing the E- NRC Meta System Help Desk through
request involves no significant hazards Submittal server are detailed in the the ‘‘Contact Us’’ link located on the
consideration, the Commission may NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http://
issue the amendment and make it Submission,’’ which is available on the www.nrc.gov/site-help/e-
immediately effective, notwithstanding agency’s public Web site at http:// submittals.html, by email to
the request for a hearing. Any hearing www.nrc.gov/site-help/e- MSHD.Resource@nrc.gov, or by a toll-
held would take place after issuance of submittals.html. Participants may free call at 1–866–672–7640. The NRC
the amendment. If the final attempt to use other software not listed Meta System Help Desk is available
determination is that the amendment on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern
request involves a significant hazards NRC’s E-Filing system does not support Time, Monday through Friday,
consideration, then any hearing held unlisted software, and the NRC Meta excluding government holidays.
would take place before the issuance of System Help Desk will not be able to Participants who believe that they
any amendment unless the Commission offer assistance in using unlisted have a good cause for not submitting
finds an imminent danger to the health software. documents electronically must file an
or safety of the public, in which case it If a participant is electronically exemption request, in accordance with
will issue an appropriate order or rule submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper
under 10 CFR part 2. accordance with the E-Filing rule, the filing requesting authorization to
participant must file the document continue to submit documents in paper
IV. Electronic Submissions (E-Filing) using the NRC’s online, Web-based format. Such filings must be submitted
All documents filed in NRC submission form. In order to serve by: (1) First class mail addressed to the
adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the
request for hearing, a petition for leave Information Exchange System, users Commission, U.S. Nuclear Regulatory
to intervene, any motion or other will be required to install a Web Commission, Washington, DC 20555–
document filed in the proceeding prior browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and
to the submission of a request for site. Further information on the Web- Adjudications Staff; or (2) courier,
hearing or petition to intervene, and based submission form, including the express mail, or expedited delivery
documents filed by interested installation of the Web browser plug-in, service to the Office of the Secretary,
governmental entities participating is available on the NRC’s public Web Sixteenth Floor, One White Flint North,
under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville,
accordance with the NRC’s E-Filing rule submittals.html. Maryland 20852, Attention: Rulemaking
asabaliauskas on DSK5VPTVN1PROD with NOTICES

(72 FR 49139; August 28, 2007). The E- Once a participant has obtained a and Adjudications Staff. Participants
Filing process requires participants to digital ID certificate and a docket has filing a document in this manner are
submit and serve all adjudicatory been created, the participant can then responsible for serving the document on
documents over the internet, or in some submit a request for hearing or petition all other participants. Filing is
cases to mail copies on electronic for leave to intervene. Submissions considered complete by first-class mail
storage media. Participants may not should be in Portable Document Format as of the time of deposit in the mail, or
submit paper copies of their filings (PDF) in accordance with NRC guidance by courier, express mail, or expedited
unless they seek an exemption in available on the NRC’s public Web site delivery service upon depositing the

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53896 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices

the Commission of orders ruling on orders, in a timely fashion in order to processing and resolving requests under
such NRC staff determinations (whether minimize any unnecessary delays in these procedures.
granting or denying access) is governed identifying those petitioners who have It is so ordered.
by 10 CFR 2.311.3 standing and who have propounded
I. The Commission expects that the Dated at Rockville, Maryland, this 1 day of
contentions meeting the specificity and September, 2015.
NRC staff and presiding officers (and basis requirements in 10 CFR part 2.
any other reviewing officers) will For the Nuclear Regulatory Commission.
Attachment 1 to this Order summarizes
consider and resolve requests for access Rochelle C. Bavol,
the general target schedule for
to SUNSI, and motions for protective Acting, Secretary of the Commission.

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

0 .............................. Publication of Federal Register notice of hearing 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 informa-
tion: Supporting the standing of a potential party identified by name and address; describing the need for the informa-
tion 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 doc-
ument 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 offi-
cer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the
deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release
of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ............................ Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ............................ (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing
and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Dis-
closure Agreement for SUNSI.
A .............................. If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for ac-
cess to sensitive information (including schedule for providing access and submission of contentions) or decision re-
versing 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 pro-
tective 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 con-
tentions (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. 2015–22553 Filed 9–4–15; 8:45 am] to discuss the ACMUI subcommittee’s PUBLIC PARTICIPATION: Any member of
BILLING CODE 7590–01–P report on the ACMUI review and the public who wishes to participate in
comments of Petitions for Rulemaking the teleconference should contact Ms.
(PRM)–20–28, 20–29, and 20–30, Holiday using the contact information
NUCLEAR REGULATORY ‘‘Linear No-Threshold Model and below.
COMMISSION Standards for Protection Against
Radiation.’’ Meeting information, FOR FURTHER INFORMATION CONTACT: Ms.
Advisory Committee on the Medical including a copy of the agenda and Sophie Holiday, email: sophie.holiday@
Uses of Isotopes: Meeting Notice handouts, will be available at http:// nrc.gov, telephone: (404) 997–4691.
AGENCY: U.S. Nuclear Regulatory www.nrc.gov/reading-rm/doc- Conduct of the Meeting
Commission. collections/acmui/meetings/2015.html.
The agenda and handouts may also be Dr. Philip Alderson, ACMUI Vice
ACTION: Notice of meeting.
obtained by contacting Ms. Sophie Chairman, will preside over the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

SUMMARY: The U.S. Nuclear Regulatory Holiday using the information below. meeting. Dr. Alderson will conduct the
Commission will convene a DATES: The teleconference meeting will meeting in a manner that will facilitate
teleconference meeting of the Advisory be held on Wednesday, October 28, the orderly conduct of business. The
Committee on the Medical Uses of 2015, 2:00 p.m. to 4:00 p.m. Eastern following procedures apply to public
Isotopes (ACMUI) on October 28, 2015, Standard Time. participation in the meeting:
3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures.
49139; August 28, 2007) apply to appeals of NRC

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Document Created: 2018-02-26 10:13:17
Document Modified: 2018-02-26 10:13:17
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order.
Dates		Submit comments by October 8, 2015. Requests for a hearing or petition for leave to intervene must be filed by November 9, 2015.
Contact		Michael D. Orenak, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3229, email: [email protected]
FR Citation		80 FR 53892