80 FR 8701 - Southern California Edison Company; San Onofre Nuclear Generating Station, Units 2 and 3, and Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range		8701-8706
FR Document		2015-03379

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. NPF-10 and NPF-15 issued to Southern California Edison Company. The NRC proposes to determine that the amendment request involves no significant hazards consideration. In addition, the amendment request contains Sensitive Unclassified Non-Safeguards Information (SUNSI).

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8701-8706]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-03379]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-361, 50-362, and 72-41; NRC-2015-0023]

Southern California Edison Company; San Onofre Nuclear Generating
Station, Units 2 and 3, and Independent Spent Fuel Storage Installation

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. NPF-10 and
NPF-15 issued to Southern California Edison Company. The NRC proposes
to determine that the amendment request involves no significant hazards
consideration. In addition, the amendment request contains Sensitive
Unclassified Non-Safeguards Information (SUNSI).

DATES: Submit comments by March 20, 2015. A request for a hearing must
be filed by April 20, 2015. Any potential party as defined in Sec. 2.4
of Title 10 of the Code of Federal Regulations (10 CFR), who believes
access to SUNSI is necessary to respond to this notice must request
document access by March 2, 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-2015-0023. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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: Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-4037, email: Thomas.Wengert@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2015-0023 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-2015-0023.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

Please include Docket ID NRC-2015-0023 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly

[[Page 8702]]

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

II. Introduction

The NRC is considering issuance of an amendment to Facility
Operating License Nos. NPF-10 and NPF-15, issued to Southern California
Edison Company (the licensee) for operation of the San Onofre Nuclear
Generating Station (SONGS), Units 2 and 3, and Independent Spent Fuel
Storage Installation, located in San Diego County, California.
By letter dated August 28, 2013 (ADAMS Accession No. ML13242A277),
as supplemented by letters dated December 31, 2013, and May 15, 2014
(ADAMS Accession Nos. ML14007A496 and ML14139A424), the licensee
submitted an application for a license amendment request. The licensee
is requesting that the Commission grant it preemption authority
consistent with the Commission's authority under Section 161A of the
Atomic Energy Act of 1954, as amended (the Act), as amended, to
authorize the security personnel of designated classes of licensees to
possess, use, and access covered weapons for the physical security of
SONGS, Units 2 and 3, and the Independent Spent Fuel Storage
Installation, notwithstanding Federal, State or local laws prohibiting
such possession or use. If the amendment request is granted, the
licenses would be modified to reflect the Commission's grant of Section
161A preemption authority.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Act and the Commission's
regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Sec. 50.92, this means that operation of
the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:

1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change is an application to the Commission for
authorization to use preemption authority under Section 161A of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2201a), which is
solely related to procedural and administrative matters of physical
security. The application is required to maintain high assurance for
the physical protection program at San Onofre Nuclear Generating
Station (SONGS) to prevent significant core damage and spent fuel
sabotage.
The proposed change will not affect the probability of any
accident initiators because it does not affect any plant systems or
the manner in which the plant is operated.
There will be no change to accident mitigation performance since
none of the systems that mitigate accidents are changed. Equipment
credited for accident mitigation is not affected by the proposed
change, and operation will remain within the bounded assumptions of
the Updated Final Safety Analysis Report (UFSAR) analysis. The
proposed change will not alter any assumptions or change any
mitigation actions in the radiological consequence evaluations in
the UFSAR.
Therefore, the proposed changes do 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 accident from any accident previously evaluated?
Response: No.
The proposed change is solely related to procedural and
administrative matters of physical security.
The proposed change does not change any plant systems or the
method of operating the plant. Also, the proposed change will not
introduce any adverse changes to the plant design basis or
postulated accidents. The proposed change does not adversely affect
the method of operation of any plant system and does not impact any
plant systems or components.
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 proposed change is solely related to procedural and
administrative matters of physical security. The proposed change
will not reduce any margins of safety.
Therefore, this change has no impact on any parameter that would
affect a design basis limit for a fission product barrier, and there
would be no impact on any margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received by March 20, 2015, will be
considered in making any final determination. You may submit comments
using any of the methods discussed under the ADDRESSES section of this
document.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish 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

[[Page 8703]]

for hearing and petitions for leave to intervene shall be filed in
accordance with the NRC's ``Agency Rules of Practice and Procedure'' in
10 CFR part 2. Interested person(s) should consult a current copy of 10
CFR 2.309, which is available at the NRC's PDR. The NRC's regulations
are accessible electronically from the NRC Library on the NRC's Web
site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must set forth with particularity the interest of
the petitioner in the proceeding and how that interest may be affected
by the results of the proceeding. The hearing request or petition must
specifically explain the reasons why intervention should be permitted,
with particular reference to the following general requirements: (1)
The name, address, and telephone number of the requestor or petitioner;
(2) the nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
Requests for hearing, petitions for leave to intervene, and motions for
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, then any hearing
held would take place before the issuance of any amendment unless the
Commission finds an imminent danger to the health or safety of the
public, in which case it will issue an appropriate order or rule under
10 CFR part 2.

IV. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at 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

[[Page 8704]]

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, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. With respect to copyrighted works, except
for limited excerpts that serve the purpose of the adjudicatory filings
and would constitute a Fair Use application, participants are requested
not to include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(iii).
Attorney for licensee: Walker A. Matthews, Esquire, Southern
California Edison Company, 2244 Walnut Grove Avenue, Rosemead,
California 91770.
NRC Branch Chief: Douglas A. Broaddus.
Southern California Edison Company, San Onofre Nuclear Generating
Station, Units 2 and 3, and Independent Spent Fuel Storage
Installation, San Diego County, California, 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

[[Page 8705]]

participate in this adjudicatory proceeding. In particular, the request
must explain why publicly-available versions of the information
requested would not be sufficient to provide the basis and specificity
for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.

It is so ordered.
Dated at Rockville, Maryland, this 9th day of February, 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

[[Page 8706]]

------------------------------------------------------------------------
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. 2015-03379 Filed 2-17-15; 8:45 am]
BILLING CODE 7590-01-P

8702 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

disclosed in your comment submission. this means that operation of the facility The proposed change is solely related to
The NRC posts all comment in accordance with the proposed procedural and administrative matters of
submissions at http:// amendment would not (1) involve a physical security. The proposed change will
not reduce any margins of safety.
www.regulations.gov as well as entering significant increase in the probability or Therefore, this change has no impact on
the comment submissions into ADAMS. consequences of an accident previously any parameter that would affect a design
The NRC does not routinely edit evaluated; or (2) create the possibility of basis limit for a fission product barrier, and
comment submissions to remove a new or different kind of accident from there would be no impact on any margin of
identifying or contact information. any accident previously evaluated; or safety.
If you are requesting or aggregating (3) involve a significant reduction in a Therefore, the proposed changes do not
comments from other persons for margin of safety. As required by 10 CFR involve a significant reduction in a margin of
submission to the NRC, then you should safety.
50.91(a), the licensee has provided its
inform those persons not to include analysis of the issue of no significant The NRC staff has reviewed the
identifying or contact information that hazards consideration, which is licensee’s analysis and, based on this
they do not want to be publicly presented below: review, it appears that the three
disclosed in their comment submission. standards of 10 CFR 50.92(c) are
1. Does the proposed change involve a
Your request should state that the NRC significant increase in the probability or satisfied. Therefore, the NRC staff
does not routinely edit comment consequences of an accident previously proposes to determine that the
submissions to remove such information evaluated? amendment request involves no
before making the comment Response: No. significant hazards consideration.
submissions available to the public or The proposed change is an application to The Commission is seeking public
entering the comment submissions into the Commission for authorization to use comments on this proposed
ADAMS. preemption authority under Section 161A of determination. Any comments received
the Atomic Energy Act of 1954, as amended by March 20, 2015, will be considered
II. Introduction (42 U.S.C. 2201a), which is solely related to
in making any final determination. You
The NRC is considering issuance of an procedural and administrative matters of
physical security. The application is required may submit comments using any of the
amendment to Facility Operating methods discussed under the
to maintain high assurance for the physical
License Nos. NPF–10 and NPF–15, protection program at San Onofre Nuclear ADDRESSES section of this document.
issued to Southern California Edison Generating Station (SONGS) to prevent Normally, the Commission will not
Company (the licensee) for operation of significant core damage and spent fuel issue the amendment until the
the San Onofre Nuclear Generating sabotage. expiration of 60 days after the date of
Station (SONGS), Units 2 and 3, and The proposed change will not affect the publication of this notice. The
Independent Spent Fuel Storage probability of any accident initiators because Commission may issue the license
Installation, located in San Diego it does not affect any plant systems or the amendment before expiration of the 60-
County, California. manner in which the plant is operated.
day period provided that its final
By letter dated August 28, 2013 There will be no change to accident
mitigation performance since none of the determination is that the amendment
(ADAMS Accession No. ML13242A277), systems that mitigate accidents are changed. involves no significant hazards
as supplemented by letters dated Equipment credited for accident mitigation is consideration. In addition, the
December 31, 2013, and May 15, 2014 not affected by the proposed change, and Commission may issue the amendment
(ADAMS Accession Nos. ML14007A496 operation will remain within the bounded prior to the expiration of the 30-day
and ML14139A424), the licensee assumptions of the Updated Final Safety comment period should circumstances
submitted an application for a license Analysis Report (UFSAR) analysis. The change during the 30-day comment
amendment request. The licensee is proposed change will not alter any period such that failure to act in a
requesting that the Commission grant it assumptions or change any mitigation actions timely way would result, for example,
preemption authority consistent with in the radiological consequence evaluations
in derating or shutdown of the facility.
in the UFSAR.
the Commission’s authority under Therefore, the proposed changes do not Should the Commission take action
Section 161A of the Atomic Energy Act involve a significant increase in the prior to the expiration of either the
of 1954, as amended (the Act), as probability or consequences of an accident comment period or the notice period, it
amended, to authorize the security previously evaluated. will publish in the Federal Register a
personnel of designated classes of 2. Does the proposed change create the notice of issuance. Should the
licensees to possess, use, and access possibility of a new or different accident Commission make a final No Significant
covered weapons for the physical from any accident previously evaluated? Hazards Consideration Determination,
security of SONGS, Units 2 and 3, and Response: No. any hearing will take place after
the Independent Spent Fuel Storage The proposed change is solely related to
issuance. The Commission expects that
procedural and administrative matters of
Installation, notwithstanding Federal, physical security. the need to take this action will occur
State or local laws prohibiting such The proposed change does not change any very infrequently.
possession or use. If the amendment plant systems or the method of operating the III. Opportunity To Request a Hearing
request is granted, the licenses would be plant. Also, the proposed change will not and Petition for Leave To Intervene
modified to reflect the Commission’s introduce any adverse changes to the plant
grant of Section 161A preemption design basis or postulated accidents. The Within 60 days after the date of
authority. proposed change does not adversely affect publication of this Federal Register
Before issuance of the proposed the method of operation of any plant system notice, any person whose interest may
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license amendments, the Commission and does not impact any plant systems or be affected by this proceeding and who
will have made findings required by the components. desires to participate as a party in the
Therefore, the proposed change does not
Act and the Commission’s regulations. proceeding must file a written request
create the possibility of a new or different
The Commission has made a kind of accident from any accident for hearing or a petition for leave to
proposed determination that the previously evaluated. intervene specifying the contentions
amendment request involves no 3. Does the proposed change involve a which the person seeks to have litigated
significant hazards consideration. Under significant reduction in a margin of safety? in the hearing with respect to the
the Commission’s regulations in § 50.92, Response: No. license amendment request. Requests

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8703

for hearing and petitions for leave to as required by law, the requestor/ to intervene, any motion or other
intervene shall be filed in accordance petitioner must identify each failure and document filed in the proceeding prior
with the NRC’s ‘‘Agency Rules of the supporting reasons for the to the submission of a request for
Practice and Procedure’’ in 10 CFR part requestor’s/petitioner’s belief. Each hearing or petition to intervene, and
2. Interested person(s) should consult a contention must be one which, if documents filed by interested
current copy of 10 CFR 2.309, which is proven, would entitle the requestor/ governmental entities participating
available at the NRC’s PDR. The NRC’s petitioner to relief. A requestor/ under 10 CFR 2.315(c), must be filed in
regulations are accessible electronically petitioner who does not satisfy these accordance with the NRC’s E-Filing rule
from the NRC Library on the NRC’s Web requirements for at least one contention (72 FR 49139; August 28, 2007). The E-
site at http://www.nrc.gov/reading-rm/ will not be permitted to participate as a Filing process requires participants to
doc-collections/cfr/. party. submit and serve all adjudicatory
As required by 10 CFR 2.309, a Those permitted to intervene become documents over the internet, or in some
request for hearing or petition for leave parties to the proceeding, subject to any cases to mail copies on electronic
to intervene must set forth with limitations in the order granting leave to storage media. Participants may not
particularity the interest of the intervene, and have the opportunity to submit paper copies of their filings
petitioner in the proceeding and how participate fully in the conduct of the unless they seek an exemption in
that interest may be affected by the hearing with respect to resolution of accordance with the procedures
results of the proceeding. The hearing that person’s admitted contentions, described below.
request or petition must specifically including the opportunity to present To comply with the procedural
explain the reasons why intervention evidence and to submit a cross- requirements of E-Filing, at least 10
should be permitted, with particular examination plan for cross-examination days prior to the filing deadline, the
reference to the following general of witnesses, consistent with NRC participant should contact the Office of
requirements: (1) The name, address, regulations, policies, and procedures. the Secretary by email at
and telephone number of the requestor The Atomic Safety and Licensing Board hearing.docket@nrc.gov, or by telephone
or petitioner; (2) the nature of the will set the time and place for any at 301–415–1677, to request (1) a digital
requestor’s/petitioner’s right under the prehearing conferences and evidentiary identification (ID) certificate, which
Act to be made a party to the hearings, and the appropriate notices allows the participant (or its counsel or
proceeding; (3) the nature and extent of will be provided. representative) to digitally sign
the requestor’s/petitioner’s property, Hearing requests or petitions for leave documents and access the E-Submittal
financial, or other interest in the to intervene must be filed no later than server for any proceeding in which it is
proceeding; and (4) the possible effect of 60 days from the date of publication of participating; and (2) advise the
any decision or order which may be this notice. Requests for hearing, Secretary that the participant will be
entered in the proceeding on the petitions for leave to intervene, and submitting a request or petition for
requestor’s/petitioner’s interest. The motions for leave to file new or hearing (even in instances in which the
hearing request or petition must also amended contentions that are filed after participant, or its counsel or
include the specific contentions that the the 60-day deadline will not be representative, already holds an NRC-
requestor/petitioner seeks to have entertained absent a determination by issued digital ID certificate). Based upon
litigated at the proceeding. the presiding officer that the filing this information, the Secretary will
For each contention, the requestor/ demonstrates good cause by satisfying establish an electronic docket for the
petitioner must provide a specific the three factors in 10 CFR hearing in this proceeding if the
statement of the issue of law or fact to 2.309(c)(1)(i)–(iii). Secretary has not already established an
be raised or controverted, as well as a If a hearing is requested, the electronic docket.
brief explanation of the basis for the Commission will make a final Information about applying for a
contention. Additionally, the requestor/ determination on the issue of no digital ID certificate is available on the
petitioner must demonstrate that the significant hazards consideration. The NRC’s public Web site at http://
issue raised by each contention is final determination will serve to decide www.nrc.gov/site-help/e-submittals/
within the scope of the proceeding and when the hearing is held. If the final getting-started.html. System
is material to the findings that the NRC determination is that the amendment requirements for accessing the E-
must make to support the granting of a request involves no significant hazards Submittal server are detailed in the
license amendment in response to the consideration, the Commission may NRC’s ‘‘Guidance for Electronic
application. The hearing request or issue the amendment and make it Submission,’’ which is available on the
petition must also include a concise immediately effective, notwithstanding agency’s public Web site at http://
statement of the alleged facts or expert the request for a hearing. Any hearing www.nrc.gov/site-help/e-
opinion that support the contention and held would take place after issuance of submittals.html. Participants may
on which the requestor/petitioner the amendment. If the final attempt to use other software not listed
intends to rely at the hearing, together determination is that the amendment on the Web site, but should note that the
with references to those specific sources request involves a significant hazards NRC’s E-Filing system does not support
and documents. The hearing request or consideration, then any hearing held unlisted software, and the NRC Meta
petition must provide sufficient would take place before the issuance of System Help Desk will not be able to
information to show that a genuine any amendment unless the Commission offer assistance in using unlisted
dispute exists with the applicant on a finds an imminent danger to the health software.
emcdonald on DSK67QTVN1PROD with NOTICES

material issue of law or fact, including or safety of the public, in which case it If a participant is electronically
references to specific portions of the will issue an appropriate order or rule submitting a document to the NRC in
application for amendment that the under 10 CFR part 2. accordance with the E-Filing rule, the
petitioner disputes and the supporting participant must file the document
reasons for each dispute. If the IV. Electronic Submissions (E-Filing) using the NRC’s online, Web-based
requestor/petitioner believes that the All documents filed in NRC submission form. In order to serve
application for amendment fails to adjudicatory proceedings, including a documents through the Electronic
contain information on a relevant matter request for hearing, a petition for leave Information Exchange System, users

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8705

participate in this adjudicatory later than 25 days after the requestor is the notification by the NRC staff of its
proceeding. In particular, the request granted access to that information. grant of access.
must explain why publicly-available However, if more than 25 days remain If challenges to the NRC staff
versions of the information requested between the date the petitioner is determinations are filed, these
would not be sufficient to provide the granted access to the information and procedures give way to the normal
basis and specificity for a proffered the deadline for filing all other process for litigating disputes
contention. contentions (as established in the notice concerning access to information. The
D. Based on an evaluation of the of hearing or opportunity for hearing), availability of interlocutory review by
information submitted under paragraph the petitioner may file its SUNSI the Commission of orders ruling on
C.(3) the NRC staff will determine contentions by that later deadline. This such NRC staff determinations (whether
within 10 days of receipt of the request provision does not extend the time for granting or denying access) is governed
whether: filing a request for a hearing and by 10 CFR 2.311.3
(1) There is a reasonable basis to petition to intervene, which must I. The Commission expects that the
believe the petitioner is likely to comply with the requirements of 10 CFR NRC staff and presiding officers (and
establish standing to participate in this 2.309. any other reviewing officers) will
NRC proceeding; and G. Review of Denials of Access. consider and resolve requests for access
(2) The requestor has established a to SUNSI, and motions for protective
(1) If the request for access to SUNSI
legitimate need for access to SUNSI. orders, in a timely fashion in order to
E. If the NRC staff determines that the is denied by the NRC staff after a
determination on standing and need for minimize any unnecessary delays in
requestor satisfies both D.(1) and D.(2) identifying those petitioners who have
above, the NRC staff will notify the access, the NRC staff shall immediately
notify the requestor in writing, briefly standing and who have propounded
requestor in writing that access to contentions meeting the specificity and
SUNSI has been granted. The written stating the reason or reasons for the
denial. basis requirements in 10 CFR part 2.
notification will contain instructions on Attachment 1 to this Order summarizes
how the requestor may obtain copies of (2) The requester may challenge the
NRC staff’s adverse determination by the general target schedule for
the requested documents, and any other processing and resolving requests under
conditions that may apply to access to filing a challenge within 5 days of
receipt of that determination with: (a) these procedures.
those documents. These conditions may
The presiding officer designated in this It is so ordered.
include, but are not limited to, the
proceeding; (b) if no presiding officer Dated at Rockville, Maryland, this 9th day
signing of a Non-Disclosure Agreement of February, 2015.
or Affidavit, or Protective Order 2 setting has been appointed, the Chief
Administrative Judge, or if he or she is For the Nuclear Regulatory Commission.
forth terms and conditions to prevent
unavailable, another administrative Annette L. Vietti-Cook,
the unauthorized or inadvertent
disclosure of SUNSI by each individual judge, or an administrative law judge Secretary of the Commission.
who will be granted access to SUNSI. with jurisdiction pursuant to 10 CFR
ATTACHMENT 1—General Target
F. Filing of Contentions. Any 2.318(a); or (c) officer if that officer has
Schedule for Processing and Resolving
contentions in these proceedings that been designated to rule on information
Requests for Access to Sensitive
are based upon the information received access issues.
Unclassified Non-Safeguards
as a result of the request made for H. Review of Grants of Access. A Information in this Proceeding
SUNSI must be filed by the requestor no party other than the requester may
challenge an NRC staff determination 3 Requesters should note that the filing
2 Any motion for Protective Order or draft Non- granting access to SUNSI whose release requirements of the NRC’s E-Filing Rule (72 FR
Disclosure Affidavit or Agreement for SUNSI must would harm that party’s interest 49139; August 28, 2007) apply to appeals of NRC
be filed with the presiding officer or the Chief staff determinations (because they must be served
Administrative Judge if the presiding officer has not
independent of the proceeding. Such a
challenge must be filed with the Chief on a presiding officer or the Commission, as
yet been designated, within 30 days of the deadline
applicable), but not to the initial SUNSI request
for the receipt of the written access request. Administrative Judge within 5 days of
submitted to the NRC staff under these procedures.
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Document Created: 2018-02-16 11:10:54
Document Modified: 2018-02-16 11:10:54

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 March 20, 2015. A request for a hearing must be filed by April 20, 2015. Any potential party as defined in Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by March 2, 2015.
Contact		Thomas J. Wengert, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-4037, email: [email protected]
FR Citation		80 FR 8701