80 FR 68573 - Exelon Generation Company, LLC; Dresden Nuclear Power Station, Units 2 and 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range		68573-68578
FR Document		2015-28290

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. DPR-19 and DPR-25, issued to Exelon Generation Company, LLC (the licensee), for operation of the Dresden Nuclear Power Station (DNPS), Units 2 and 3. The proposed amendment uses a new Criticality Safety Analysis (CSA) methodology for performing the criticality safety evaluation for legacy fuel types in addition to the new ATRIUM 10XM fuel design in the DNPS spent fuel pools (SFPs). In addition, the licensee's amendment request proposes a change to the DNPS Technical Specification (TS) 4.3.1, ``Criticality,'' in support of the new CSA.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68573-68578]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-28290]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237 and 50-249; NRC-2015-0250]

Exelon Generation Company, LLC; Dresden Nuclear Power Station,
Units 2 and 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 Nos. DPR-19 and
DPR-25, issued to Exelon Generation Company, LLC (the licensee), for
operation of the Dresden Nuclear Power Station (DNPS), Units 2 and 3.
The proposed amendment uses a new Criticality Safety Analysis (CSA)
methodology for performing the criticality safety evaluation for legacy
fuel types in addition to the new ATRIUM 10XM fuel design in the DNPS
spent fuel pools (SFPs). In addition, the licensee's amendment request
proposes a change to the DNPS Technical Specification (TS) 4.3.1,
``Criticality,'' in support of the new CSA.

DATES: Submit comments by December 7, 2015. Requests for a hearing or
petition for leave to intervene must be filed by January 4, 2016.

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-2015-0250. 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: Russell S. Haskell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1129, email: Russell.Haskell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2015-0250 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-2015-0250.
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
license amendment request dated December 30, 2014, and supplemental
letters dated May 8, and July 30, 2015, are publicly available in ADAMS
under Accession Nos. ML14364A100, ML15128A305, and ML15215A336.
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-2015-0250 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 Nos. DPR-19 and DPR-25, issued to Exelon Generation
Company, LLC, for operation of the Dresden Nuclear Power Station
(DNPS), Units 2 and 3, located in Grundy County, Illinois. The proposed
amendment uses a new Criticality Safety Analysis (CSA) methodology for
performing the criticality safety evaluation for legacy fuel types in
addition to the new ATRIUM 10XM fuel design in the DNPS spent fuel
pools (SFPs). In addition, the licensee's amendment request proposes a
change to the DNPS Technical Specification (TS) 4.3.1, ``Criticality,''
in support of the new CSA.
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)

[[Page 68574]]

involve a significant increase in the probability or consequences of an
accident previously evaluated; (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment involves a revised CSA for the DNPS Units 2
and 3, SFPs using a new methodology and proposes a new TS requirement
limiting the maximum in-rack k-infinity. The proposed amendment does
not change or modify the fuel, fuel handling processes, spent fuel
storage racks, number of fuel assemblies that may be stored in the SFP,
decay heat generation rate, or the SFP cooling and cleanup system.
The proposed amendment was evaluated for impact on the following
previously evaluated events and accidents:
A fuel handling accident (FHA),
A fuel mis-positioning event,
A seismic event, and
A loss of SFP cooling event
The probability of a FHA is not increased because implementation of
the proposed amendment will employ the same equipment and processes to
handle fuel assemblies that are currently used. The FHA radiological
consequences are not increased because the methodology used in support
of the CSA does not impact the radiological source term of a single
fuel assembly.
Therefore, the proposed amendment does not significantly increase
the probability or consequences of an FHA.
Operation in accordance with the proposed amendment will not
significantly increase the probability of a fuel mis-positioning event
because fuel movement will continue to be controlled by approved fuel
handling procedures. These procedures continue to require
identification of the initial and target locations for each fuel
assembly that is moved. The consequences of a fuel mis-positioning
event are not changed because the reactivity analysis demonstrates that
the new sub-criticality criteria and requirements will be met for the
worst-case fuel mis-positioning event.
Operation in accordance with the proposed amendment will not change
the probability of a seismic event. The consequences of a seismic event
are not increased because the forcing functions for seismic excitation
are not increased and because the mass of storage racks has not
changed. Operation in accordance with the proposed amendment will not
change the probability of a loss of SFP cooling event because the
systems and events that could affect SFP cooling are unchanged. The
consequences are not significantly increased because there are no
changes in the SFP heat load or SFP cooling systems, structures or
components due to the proposed change in CSA methodology. Furthermore,
conservative analyses indicate that the current design requirements and
criteria continue to be met with the presence of Boral blisters.
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.
Onsite storage of spent fuel assemblies in the DNPS, Units 2 and 3,
SFPs is a normal activity for which DNPS has been designed and
licensed. As part of assuring that this normal activity can be
performed without endangering the public health and safety, the ability
to safely accommodate different possible accidents in the spent fuel
pool have been previously analyzed. These analyses address accidents
such as radiological releases due to dropping a fuel assembly; and
potential inadvertent criticality due to mis-loading a fuel assembly.
The proposed amendment does not change the method of fuel movement or
spent fuel storage and does not create the potential for a new
accident.
The proposed use of a new methodology for performing the DNPS SFP
CSA and addition of a new TS requirement limiting the maximum in-rack
k-infinity does not change or modify the fuel, fuel handling processes,
spent fuel racks, number of fuel assemblies that may be stored in the
pool, decay heat generation rate, or the SFP cooling and cleanup
system. The potential for blistering on the Boral has been evaluated
and the neutron poison will continue to fulfill its function.
The limiting fuel assembly mis-positioning event does not represent
a new or different type of accident. The mis-positioning of a fuel
assembly within the fuel storage racks has always been possible. The
proposed amendment involves a revised CSA for the DNPS Units 2 and 3,
SFPs using a new methodology. The associated analysis results show that
the storage racks remain sub-critical, with substantial margin,
following a worst-case fuel mis-loading event.
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 proposed amendment involves a revised CSA for the DNPS Units 2
and 3, SFPs using a new methodology and proposes a new TS requirement
limiting the maximum in-rack k-infinity. This change was evaluated for
its effect on margins of safety related to criticality and spent fuel
heat removal capability.
DNPS TS 4.3, ``Fuel Storage,'' Specification 4.3.1.1.a requires the
spent fuel storage racks to maintain the effective neutron
multiplication factor, k-eff, less than or equal to 0.95 when fully
flooded with unborated water, which includes an allowance for
uncertainties. Therefore, for spent fuel pool criticality
considerations, the required safety margin is 5 percent.
The proposed change ensures, as verified by the associated
criticality analysis, that k-eff continues to be less than or equal to
0.95, thus preserving the required safety margin of 5 percent. In
addition, using the in-rack k-infinity limit ensures that the SFP
criticality analysis remains bounding and provides adequate protection
to ensure public health and safety in that it determines the reactivity
limit for the fuel assemblies that are allowed to be stored in the SFP
storage racks.
The proposed use of a new methodology for performing the DNPS SFP
CSA does not affect spent fuel heat generation or the spent fuel
cooling systems. A conservative analysis indicates that the design
basis requirements and criteria for spent fuel cooling continue to be
met with Boral blistering considered.
In addition, the radiological consequences of a dropped fuel
assembly remain unchanged as the anticipated fuel damage due to a fuel
handling accident is unaffected by the use of a new methodology to
perform the CSA. The proposed change also does not increase the
capacity of the Unit 2 and Unit 3 spent fuel pools beyond the current
capacity of not more than 3537 fuel assemblies.
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

[[Page 68575]]

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 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 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 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 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.
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, 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.
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
January 4, 2016. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
under Sec. 2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian tribe, or agency thereof does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency

[[Page 68576]]

thereof may also have the opportunity to participate under 10 CFR
2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
January 4, 2016.

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 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 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

[[Page 68577]]

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 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.
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: Tamra (Tami) Domeyer, Exelon Generation
Company, LLC, 4300 Winfield Road, Warrenville, Illinois 60555.
NRC Branch Chief: Travis L. Tate.
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 Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
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.
---------------------------------------------------------------------------

\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

[[Page 68578]]

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 ordered.

Dated at Rockville, Maryland, this 30th day of October, 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).
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. 2015-28290 Filed 11-4-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68575

proposes to determine that the license Panel, will rule on the request and/or that person’s admitted contentions,
amendment request involves a No petition; and the Secretary or the Chief including the opportunity to present
Significant Hazards Consideration. Administrative Judge of the Atomic evidence and to submit a cross-
The NRC is seeking public comments Safety and Licensing Board will issue a examination plan for cross-examination
on this proposed determination that the notice of a hearing or an appropriate of witnesses, consistent with NRC
license amendment request involves no order. regulations, policies and procedures.
significant hazards consideration. Any As required by 10 CFR 2.309, a Petitions for leave to intervene must
comments received within 30 days after request for hearing or petition for leave be filed no later than 60 days from the
the date of publication of this notice to intervene must set forth with date of publication of this notice.
will be considered in making any final particularity the interest of the Requests for hearing, petitions for leave
determination. petitioner in the proceeding, and how to intervene, and motions for leave to
Normally, the Commission will not that interest may be affected by the file new or amended contentions that
issue the amendment until the results of the proceeding. The hearing are filed after the 60-day deadline will
expiration of 60 days after the date of request or petition must specifically not be entertained absent a
publication of this notice. The explain the reasons why intervention determination by the presiding officer
Commission may issue the license should be permitted with particular that the filing demonstrates good cause
amendment before expiration of the 60- reference to the following general by satisfying the three factors in 10 CFR
day notice period if the Commission requirements: (1) The name, address, 2.309(c)(1)(i)–(iii).
concludes the amendment involves no and telephone number of the requestor If a hearing is requested, and the
significant hazards consideration. In or petitioner; (2) the nature of the Commission has not made a final
addition, the Commission may issue the requestor’s/petitioner’s right under the determination on the issue of no
amendment prior to the expiration of Act to be made a party to the significant hazards consideration, the
the 30-day comment period should proceeding; (3) the nature and extent of Commission will make a final
circumstances change during the 30-day the requestor’s/petitioner’s property, determination on the issue of no
comment period such that failure to act financial, or other interest in the significant hazards consideration. The
in a timely way would result, for proceeding; and (4) the possible effect of
final determination will serve to decide
example, in derating or shutdown of the any decision or order which may be
when the hearing is held. If the final
facility. Should the Commission take entered in the proceeding on the
action prior to the expiration of either determination is that the amendment
requestor’s/petitioner’s interest. The
the comment period or the notice request involves no significant hazards
petition must also set forth the specific
period, it will publish in the Federal consideration, the Commission may
contentions which the requestor/
Register a notice of issuance. Should the issue the amendment and make it
petitioner seeks to have litigated at the
Commission make a final No Significant immediately effective, notwithstanding
proceeding.
Hazards Consideration Determination, Each contention must consist of a the request for a hearing. Any hearing
any hearing will take place after specific statement of the issue of law or held would take place after issuance of
issuance. The Commission expects that fact to be raised or controverted. In the amendment. If the final
the need to take this action will occur addition, the requestor/petitioner shall determination is that the amendment
very infrequently. provide a brief explanation of the bases request involves a significant hazards
for the contention and a concise consideration, then any hearing held
III. Opportunity To Request a Hearing would take place before the issuance of
statement of the alleged facts or expert
and Petition for Leave To Intervene any amendment unless the Commission
opinion which support the contention
Within 60 days after the date of and on which the requestor/petitioner finds an imminent danger to the health
publication of this notice, any person(s) intends to rely in proving the contention or safety of the public, in which case it
whose interest may be affected by this at the hearing. The requestor/petitioner will issue an appropriate order or rule
action may file a request for a hearing must also provide references to those under 10 CFR part 2.
and a petition to intervene with respect specific sources and documents of A State, local governmental body,
to issuance of the amendment to the which the petitioner is aware and on Federally-recognized Indian tribe, or
subject facility operating license or which the requestor/petitioner intends agency thereof, may submit a petition to
combined license. Requests for a to rely to establish those facts or expert the Commission to participate as a party
hearing and a petition for leave to opinion. The petition must include under 10 CFR 2.309(h)(1). The petition
intervene shall be filed in accordance sufficient information to show that a should state the nature and extent of the
with the Commission’s ‘‘Agency Rules genuine dispute exists with the petitioner’s interest in the proceeding.
of Practice and Procedure’’ in 10 CFR applicant on a material issue of law or The petition should be submitted to the
part 2. Interested person(s) should fact. Contentions shall be limited to Commission by January 4, 2016. The
consult a current copy of 10 CFR 2.309, matters within the scope of the petition must be filed in accordance
which is available at the NRC’s PDR, amendment under consideration. The with the filing instructions in the
located at One White Flint North, Room contention must be one which, if ‘‘Electronic Submissions (E-Filing)’’
O1–F21, 11555 Rockville Pike (first proven, would entitle the requestor/ section of this document, and should
floor), Rockville, Maryland 20852. The petitioner to relief. A requestor/ meet the requirements for petitions for
NRC’s regulations are accessible petitioner who fails to satisfy these leave to intervene set forth in this
electronically from the NRC Library on requirements with respect to at least one section, except that under § 2.309(h)(2)
the NRC’s Web site at http://www.nrc. a State, local governmental body, or
jstallworth on DSK7TPTVN1PROD with NOTICES

contention will not be permitted to
gov/reading-rm/doc-collections/cfr/. If a participate as a party. Federally-recognized Indian tribe, or
request for a hearing or petition for Those permitted to intervene become agency thereof does not need to address
leave to intervene is filed within 60 parties to the proceeding, subject to any the standing requirements in 10 CFR
days, the Commission or a presiding limitations in the order granting leave to 2.309(d) if the facility is located within
officer designated by the Commission or intervene, and have the opportunity to its boundaries. A State, local
by the Chief Administrative Judge of the participate fully in the conduct of the governmental body, Federally-
Atomic Safety and Licensing Board hearing with respect to resolution of recognized Indian tribe, or agency

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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68577

proceeding. With respect to copyrighted Rulemakings and Adjudications Staff, forth terms and conditions to prevent
works, except for limited excerpts that and provide a copy to the Associate the unauthorized or inadvertent
serve the purpose of the adjudicatory General Counsel for Hearings, disclosure of SUNSI by each individual
filings and would constitute a Fair Use Enforcement and Administration, Office who will be granted access to SUNSI.
application, participants are requested of the General Counsel, Washington, DC F. Filing of Contentions. Any
not to include copyrighted materials in 20555–0001. The expedited delivery or contentions in these proceedings that
their submission. courier mail address for both offices is: are based upon the information received
For further details with respect to this U.S. Nuclear Regulatory Commission, as a result of the request made for
amendment action, see the application 11555 Rockville Pike, Rockville, SUNSI must be filed by the requestor no
for amendment which is available for Maryland 20852. The email address for later than 25 days after the requestor is
public inspection at the NRC’s PDR, the Office of the Secretary and the granted access to that information.
located at One White Flint North, Room Office of the General Counsel are However, if more than 25 days remain
O1–F21, 11555 Rockville Pike (first Hearing.Docket@nrc.gov and between the date the petitioner is
floor), Rockville, Maryland 20852. OGCmailcenter@nrc.gov, respectively.1 granted access to the information and
Publicly available documents created or The request must include the following the deadline for filing all other
received at the NRC are accessible information: contentions (as established in the notice
electronically through ADAMS in the (1) A description of the licensing of hearing or opportunity for hearing),
NRC Library at http://www.nrc.gov/ action with a citation to this Federal the petitioner may file its SUNSI
reading-rm/adams.html. If you do not Register notice; contentions by that later deadline. This
have access to ADAMS or if there are (2) The name and address of the provision does not extend the time for
problems in accessing the documents potential party and a description of the filing a request for a hearing and
located in ADAMS, contact the PDR’s potential party’s particularized interest petition to intervene, which must
Reference staff at 1–800–397–4209, 301– that could be harmed by the action comply with the requirements of 10 CFR
415–4737, or by email to pdr.resource@ identified in C.(1); and 2.309.
nrc.gov. (3) The identity of the individual or
The NRC staff has reviewed the G. Review of Denials of Access.
entity requesting access to SUNSI and
licensee’s analysis and, based on this the requester’s basis for the need for the (1) If the request for access to SUNSI
review, it appears that the three information in order to meaningfully is denied by the NRC staff after a
standards of 10 CFR 50.92(c) are participate in this adjudicatory determination on standing and need for
satisfied. Therefore, the NRC staff proceeding. In particular, the request access, the NRC staff shall immediately
proposes to determine that the must explain why publicly-available notify the requestor in writing, briefly
amendment request involves no versions of the information requested stating the reason or reasons for the
significant hazards consideration. would not be sufficient to provide the denial.
Attorney for licensee: Tamra (Tami) basis and specificity for a proffered (2) The requester may challenge the
Domeyer, Exelon Generation Company, contention. NRC staff’s adverse determination by
LLC, 4300 Winfield Road, Warrenville, D. Based on an evaluation of the filing a challenge within 5 days of
Illinois 60555. information submitted under paragraph receipt of that determination with: (a)
NRC Branch Chief: Travis L. Tate. C.(3) the NRC staff will determine The presiding officer designated in this
Order Imposing Procedures for Access within 10 days of receipt of the request proceeding; (b) if no presiding officer
to Sensitive Unclassified Non- whether: has been appointed, the Chief
Safeguards Information for Contention (1) There is a reasonable basis to Administrative Judge, or if he or she is
Preparation believe the petitioner is likely to unavailable, another administrative
establish standing to participate in this judge, or an administrative law judge
A. This Order contains instructions
NRC proceeding; and with jurisdiction pursuant to 10 CFR
regarding how potential parties to this
(2) The requestor has established a 2.318(a); or (c) officer if that officer has
proceeding may request access to
legitimate need for access to SUNSI. been designated to rule on information
documents containing SUNSI.
B. Within 10 days after publication of E. If the NRC staff determines that the access issues.
this notice of hearing and opportunity to requestor satisfies both D.(1) and D.(2) H. Review of Grants of Access. A
petition for leave to intervene, any above, the NRC staff will notify the party other than the requester may
potential party who believes access to requestor in writing that access to challenge an NRC staff determination
SUNSI is necessary to respond to this SUNSI has been granted. The written granting access to SUNSI whose release
notice may request such access. A notification will contain instructions on would harm that party’s interest
‘‘potential party’’ is any person who how the requestor may obtain copies of independent of the proceeding. Such a
intends to participate as a party by the requested documents, and any other challenge must be filed with the Chief
demonstrating standing and filing an conditions that may apply to access to Administrative Judge within 5 days of
admissible contention under 10 CFR those documents. These conditions may the notification by the NRC staff of its
2.309. Requests for access to SUNSI include, but are not limited to, the grant of access.
submitted later than 10 days after signing of a Non-Disclosure Agreement If challenges to the NRC staff
publication of this notice will not be or Affidavit, or Protective Order 2 setting determinations are filed, these
considered absent a showing of good 1 While a request for hearing or petition to
procedures give way to the normal
jstallworth on DSK7TPTVN1PROD with NOTICES

cause for the late filing, addressing why intervene in this proceeding must comply with the
process for litigating disputes
the request could not have been filed filing requirements of the NRC’s ‘‘E-Filing Rule,’’ concerning access to information. The
earlier. the initial request to access SUNSI under these availability of interlocutory review by
C. The requester shall submit a letter procedures should be submitted as described in this the Commission of orders ruling on
requesting permission to access SUNSI paragraph.
2 Any motion for Protective Order or draft Non-
such NRC staff determinations (whether
to the Office of the Secretary, U.S. Disclosure Affidavit or Agreement for SUNSI must
Nuclear Regulatory Commission, be filed with the presiding officer or the Chief yet been designated, within 30 days of the deadline
Washington, DC 20555–0001, Attention: Administrative Judge if the presiding officer has not for the receipt of the written access request.

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Document Created: 2015-12-14 15:03:01
Document Modified: 2015-12-14 15:03:01

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 December 7, 2015. Requests for a hearing or petition for leave to intervene must be filed by January 4, 2016.
Contact		Russell S. Haskell, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1129, email: [email protected]
FR Citation		80 FR 68573