81 FR 12138 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 45 (March 8, 2016)

Page Range		12138-12143
FR Document		2016-03589
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment request is for Turkey Point Nuclear Generating, Unit Nos. 3 and 4. 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 81 Issue 45 (Tuesday, March 8, 2016)
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12138-12143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03589]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0025]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of one amendment request. The amendment request is 
for Turkey Point Nuclear Generating, Unit Nos. 3 and 4. 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: Comments must be filed by April 7, 2016. A request for a hearing 
must be filed by May 9, 2016. 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 18, 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-2016-0025. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

[[Page 12139]]


FOR FURTHER INFORMATION CONTACT: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1927, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0025 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-2016-0025.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2016-0025, facility name, unit 
number(s), application date, and subject in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

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

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

    The Commission has made a proposed determination that the following 
amendment request involves no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish a notice of issuance in 
the Federal Register. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Agency 
Rules of Practice and Procedure'' in 10 CFR part 2. Interested 
person(s) should consult a current copy of 10 CFR 2.309, which is 
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is 
filed within 60 days, the Commission or a presiding officer designated 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel will rule on the request and/or 
petition; and the Secretary or the Chief Administrative Judge of the 
Atomic Safety and Licensing Board will issue a notice of a hearing or 
an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's

[[Page 12140]]

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 basis 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 May 
9, 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 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 
May 9, 2016.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the

[[Page 12141]]

participant must file the document using the NRC's online, Web-based 
submission form. In order to serve documents through the Electronic 
Information Exchange System, users will be required to install a Web 
browser plug-in from the NRC's Web site. Further information on the 
Web-based submission form, including the installation of the Web 
browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    For further details with respect to this 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 
[email protected].
Florida Power & Light Company, Docket Nos. 50-250 and 50-251, Turkey 
Point Nuclear Generating, Unit Nos. 3 and 4, Miami-Dade County, Florida
    Date of amendment request: October 6, 2015. A publicly available 
version is in ADAMS at Accession No. ML15301A261.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the technical specifications (TSs) for Turkey 
Point Nuclear Generating, Unit Nos. 3 and 4 (Turkey Point), related to 
moderator temperature coefficient (MTC) requirements.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented as follows:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The safety analysis assumption of a constant moderator density 
coefficient and the actual value assumed are not changing. The Bases 
for and values of the most negative MTC Limiting Condition for 
Operation and for the Surveillance Requirement are not changing. 
Instead, a revised prediction is compared to the MTC Surveillance 
limit to determine if the limit is met.
    The proposed changes to the TS do not affect the initiators of 
any analyzed accident. In addition, operation in accordance with the 
proposed TS changes ensures that the previously evaluated accidents 
will continue to be mitigated as analyzed. The proposed changes do 
not adversely affect the design function or operation of any 
structures, systems, and components important to safety.
    The probability or consequences of accidents previously 
evaluated in the UFSAR [updated final safety analysis report] are 
unaffected by this proposed change because there is no change to any 
equipment response or accident mitigation scenario. There are no new 
or additional challenges to fission product barrier integrity.
    Therefore, it is concluded that the proposed changes do not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not involve a physical alteration of the 
plant (no new or different type of equipment will be installed).

[[Page 12142]]

The proposed changes do not create any new failure modes for 
existing equipment or any new limiting single failures. Additionally 
the proposed changes do not involve a change in the methods 
governing normal plant operation and all safety functions will 
continue to perform as previously assumed in accident analyses.
    Therefore, the proposed changes do not adversely affect the 
design function or operation of any structures, systems, and 
components important to safety.
    No new accident scenarios, failure mechanisms, or limiting 
single failures are introduced as a result of the proposed changes. 
The proposed changes do not challenge the performance or integrity 
of any safety-related system.
    Therefore, it is concluded that the proposed changes do 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 margin of safety associated with the acceptance criteria of 
any accident is unchanged. The proposed change will have no affect 
[sic] on the availability, operability, or performance of the 
safety-related systems and components. A change to a surveillance 
requirement is proposed based on an alternate method of confirming 
that the surveillance is met. The Technical Specification Limiting 
Condition for Operation limits are not being changed.
    The proposed change will not adversely affect the operation of 
plant equipment or the function of equipment assumed in the accident 
analysis.
    Therefore, it is concluded that the proposed change does not 
involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light Company, 700 Universe Blvd., MS LAW/JB, 
Juno Beach, Florida 33408-0420.
    NRC Branch Chief: Benjamin G. Beasley.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Florida Power & Light Company, Docket Nos. 50-250 and 50-251, Turkey 
Point Nuclear Generating, Unit Nos. 3 and 4, Miami-Dade County, Florida
    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication of this notice will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
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.

[[Page 12143]]

    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.
---------------------------------------------------------------------------

    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, 16th day of February 2016.

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

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            Supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of hearing or opportunity for
                            hearing), the petitioner may file its SUNSI
                            contentions by that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2016-03589 Filed 3-7-16; 8:45 am]
 BILLING CODE 7590-01-P
12140 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

right under the Act to be made a party the Commission will make a final B. Electronic Submissions (E-Filing)
to the proceeding; (3) the nature and determination on the issue of no All documents filed in NRC
extent of the requestor’s/petitioner’s significant hazards consideration. The adjudicatory proceedings, including a
property, financial, or other interest in final determination will serve to decide request for hearing, a petition for leave
the proceeding; and (4) the possible when the hearing is held. If the final to intervene, any motion or other
effect of any decision or order which determination is that the amendment document filed in the proceeding prior
may be entered in the proceeding on the request involves no significant hazards to the submission of a request for
requestor’s/petitioner’s interest. The consideration, the Commission may hearing or petition to intervene, and
petition must also set forth the specific issue the amendment and make it documents filed by interested
contentions which the requestor/ immediately effective, notwithstanding governmental entities participating
petitioner seeks to have litigated at the the request for a hearing. Any hearing under 10 CFR 2.315(c), must be filed in
proceeding. held would take place after issuance of accordance with the NRC’s E-Filing rule
Each contention must consist of a the amendment. If the final (72 FR 49139; August 28, 2007). The E-
specific statement of the issue of law or determination is that the amendment Filing process requires participants to
fact to be raised or controverted. In request involves a significant hazards
addition, the requestor/petitioner shall submit and serve all adjudicatory
consideration, then any hearing held documents over the Internet, or in some
provide a brief explanation of the basis would take place before the issuance of
for the contention and a concise cases to mail copies on electronic
any amendment unless the Commission storage media. Participants may not
statement of the alleged facts or expert finds an imminent danger to the health
opinion which support the contention submit paper copies of their filings
or safety of the public, in which case it unless they seek an exemption in
and on which the requestor/petitioner
will issue an appropriate order or rule accordance with the procedures
intends to rely in proving the contention
under 10 CFR part 2. described below.
at the hearing. The requestor/petitioner
must also provide references to those A State, local governmental body, To comply with the procedural
specific sources and documents of Federally-recognized Indian Tribe, or requirements of E-Filing, at least 10
which the petitioner is aware and on agency thereof, may submit a petition to days prior to the filing deadline, the
which the requestor/petitioner intends the Commission to participate as a party participant should contact the Office of
to rely to establish those facts or expert under 10 CFR 2.309(h)(1). The petition the Secretary by email at
opinion. The petition must include should state the nature and extent of the hearing.docket@nrc.gov, or by telephone
sufficient information to show that a petitioner’s interest in the proceeding. at 301–415–1677, to request (1) a digital
genuine dispute exists with the The petition should be submitted to the identification (ID) certificate, which
applicant on a material issue of law or Commission by May 9, 2016. The allows the participant (or its counsel or
fact. Contentions shall be limited to petition must be filed in accordance representative) to digitally sign
matters within the scope of the with the filing instructions in the documents and access the E-Submittal
amendment under consideration. The ‘‘Electronic Submissions (E-Filing)’’ server for any proceeding in which it is
contention must be one which, if section of this document, and should participating; and (2) advise the
proven, would entitle the requestor/ meet the requirements for petitions for Secretary that the participant will be
petitioner to relief. A requestor/ leave to intervene set forth in this submitting a request or petition for
petitioner who fails to satisfy these section, except that under § 2.309(h)(2) hearing (even in instances in which the
requirements with respect to at least one a State, local governmental body, or participant, or its counsel or
contention will not be permitted to Federally-recognized Indian Tribe, or representative, already holds an NRC-
participate as a party. agency thereof does not need to address issued digital ID certificate). Based upon
Those permitted to intervene become the standing requirements in 10 CFR this information, the Secretary will
parties to the proceeding, subject to any 2.309(d) if the facility is located within establish an electronic docket for the
limitations in the order granting leave to its boundaries. A State, local hearing in this proceeding if the
intervene, and have the opportunity to Secretary has not already established an
governmental body, Federally-
participate fully in the conduct of the electronic docket.
recognized Indian Tribe, or agency
hearing with respect to resolution of Information about applying for a
thereof may also have the opportunity to
that person’s admitted contentions, digital ID certificate is available on the
participate under 10 CFR 2.315(c).
including the opportunity to present NRC’s public Web site at http://
evidence and to submit a cross- If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/
examination plan for cross-examination who does not wish, or is not qualified, getting-started.html. System
of witnesses, consistent with NRC to become a party to the proceeding requirements for accessing the E-
regulations, policies and procedures. may, in the discretion of the presiding Submittal server are detailed in the
Petitions for leave to intervene must officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic
be filed no later than 60 days from the appearance pursuant to the provisions Submission,’’ which is available on the
date of publication of this notice. of 10 CFR 2.315(a). A person making a agency’s public Web site at http://
Requests for hearing, petitions for leave limited appearance may make an oral or www.nrc.gov/site-help/e-
to intervene, and motions for leave to written statement of position on the submittals.html. Participants may
file new or amended contentions that issues, but may not otherwise attempt to use other software not listed
are filed after the 60-day deadline will participate in the proceeding. A limited on the Web site, but should note that the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

not be entertained absent a appearance may be made at any session NRC’s E-Filing system does not support
determination by the presiding officer of the hearing or at any prehearing unlisted software, and the NRC Meta
that the filing demonstrates good cause conference, subject to the limits and System Help Desk will not be able to
by satisfying the three factors in 10 CFR conditions as may be imposed by the offer assistance in using unlisted
2.309(c)(1)(i)–(iii). If a hearing is presiding officer. Persons desiring to software.
requested, and the Commission has not make a limited appearance are If a participant is electronically
made a final determination on the issue requested to inform the Secretary of the submitting a document to the NRC in
of no significant hazards consideration, Commission by May 9, 2016. accordance with the E-Filing rule, the

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12142 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

The proposed changes do not create any new petition for leave to intervene, any establish standing to participate in this
failure modes for existing equipment or any potential party who believes access to NRC proceeding; and
new limiting single failures. Additionally the SUNSI is necessary to respond to this (2) The requestor has established a
proposed changes do not involve a change in legitimate need for access to SUNSI.
the methods governing normal plant
notice may request such access. A
‘‘potential party’’ is any person who E. If the NRC staff determines that the
operation and all safety functions will
continue to perform as previously assumed intends to participate as a party by requestor satisfies both D.(1) and D.(2)
in accident analyses. demonstrating standing and filing an above, the NRC staff will notify the
Therefore, the proposed changes do not admissible contention under 10 CFR requestor in writing that access to
adversely affect the design function or 2.309. Requests for access to SUNSI SUNSI has been granted. The written
operation of any structures, systems, and submitted later than 10 days after notification will contain instructions on
components important to safety. how the requestor may obtain copies of
publication of this notice will not be
No new accident scenarios, failure the requested documents, and any other
mechanisms, or limiting single failures are considered absent a showing of good
cause for the late filing, addressing why conditions that may apply to access
introduced as a result of the proposed
changes. The proposed changes do not the request could not have been filed those documents. These conditions may
challenge the performance or integrity of any earlier. include, but are not limited to, the
safety-related system. C. The requester shall submit a letter signing of a Non-Disclosure Agreement
Therefore, it is concluded that the requesting permission to access SUNSI or Affidavit, or Protective Order 2 setting
proposed changes do not create the to the Office of the Secretary, U.S. forth terms and conditions to prevent
possibility of a new or different kind of the unauthorized or inadvertent
accident from any previously evaluated. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention: disclosure of SUNSI by each individual
3. Does the proposed amendment involve who will be granted access to SUNSI.
a significant reduction in a margin of safety? Rulemakings and Adjudications Staff,
Response: No. and provide a copy to the Associate F. Filing of Contentions. Any
The margin of safety associated with the General Counsel for Hearings, contentions in these proceedings that
acceptance criteria of any accident is are based upon the information received
Enforcement and Administration, Office
unchanged. The proposed change will have as a result of the request made for
of the General Counsel, Washington, DC
no affect [sic] on the availability, operability, SUNSI must be filed by the requestor no
or performance of the safety-related systems
20555–0001. The expedited delivery or
later than 25 days after the requestor is
and components. A change to a surveillance courier mail address for both offices is:
granted access to that information.
requirement is proposed based on an U.S. Nuclear Regulatory Commission,
However, if more than 25 days remain
alternate method of confirming that the 11555 Rockville Pike, Rockville,
surveillance is met. The Technical
between the date the petitioner is
Maryland 20852. The email address for
Specification Limiting Condition for granted access to the information and
the Office of the Secretary and the
Operation limits are not being changed. the deadline for filing all other
Office of the General Counsel are
The proposed change will not adversely contentions (as established in the notice
Hearing.Docket@nrc.gov and
affect the operation of plant equipment or the of hearing or opportunity for hearing),
function of equipment assumed in the OGCmailcenter@nrc.gov, respectively.1
the petitioner may file its SUNSI
accident analysis. The request must include the following
contentions by that later deadline. This
Therefore, it is concluded that the information:
provision does not extend the time for
proposed change does not involve a (1) A description of the licensing filing a request for a hearing and
significant reduction in a margin of safety. action with a citation to this Federal petition to intervene, which must
The NRC staff has reviewed the Register notice; comply with the requirements of 10 CFR
licensee’s analysis and, based on this (2) The name and address of the 2.309.
review, it appears that the three potential party and a description of the G. Review of Denials of Access.
standards of 50.92(c) are satisfied. potential party’s particularized interest (1) If the request for access to SUNSI
Therefore, the NRC staff proposes to that could be harmed by the action is denied by the NRC staff after a
determine that the amendment request identified in C.(1); and determination on standing and need for
involves no significant hazards (3) The identity of the individual or access, the NRC staff shall immediately
consideration. entity requesting access to SUNSI and notify the requestor in writing, briefly
Attorney for licensee: William S. the requester’s basis for the need for the stating the reason or reasons for the
Blair, Managing Attorney—Nuclear, information in order to meaningfully denial.
Florida Power & Light Company, 700 participate in this adjudicatory (2) The requester may challenge the
Universe Blvd., MS LAW/JB, Juno proceeding. In particular, the request NRC staff’s adverse determination by
Beach, Florida 33408–0420. must explain why publicly-available filing a challenge within 5 days of
NRC Branch Chief: Benjamin G. versions of the information requested receipt of that determination with: (a)
Beasley. would not be sufficient to provide the The presiding officer designated in this
basis and specificity for a proffered proceeding; (b) if no presiding officer
Order Imposing Procedures for Access
contention. has been appointed, the Chief
to Sensitive Unclassified Non-
D. Based on an evaluation of the Administrative Judge, or if he or she is
Safeguards Information for Contention
information submitted under paragraph unavailable, another administrative
Preparation
C.(3) the NRC staff will determine judge, or an administrative law judge
Florida Power & Light Company, Docket within 10 days of receipt of the request with jurisdiction pursuant to 10 CFR
Nos. 50–250 and 50–251, Turkey Point whether: 2.318(a); or (c) officer if that officer has
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Nuclear Generating, Unit Nos. 3 and 4, (1) There is a reasonable basis to been designated to rule on information
Miami-Dade County, Florida believe the petitioner is likely to access issues.
A. This Order contains instructions
regarding how potential parties to this 1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non-

proceeding may request access to intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must
filing requirements of the NRC’s ‘‘E-Filing Rule,’’ be filed with the presiding officer or the Chief
documents containing SUNSI. the initial request to access SUNSI under these Administrative Judge if the presiding officer has not
B. Within 10 days after publication of procedures should be submitted as described in this yet been designated, within 30 days of the deadline
this notice of hearing and opportunity to paragraph. for the receipt of the written access request.

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Document Created: 2018-02-02 15:10:11
Document Modified: 2018-02-02 15:10:11
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 request; opportunity to comment, request a hearing, and petition for leave to intervene; order.
Dates		Comments must be filed by April 7, 2016. A request for a hearing must be filed by May 9, 2016. 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 18, 2016.
Contact		Lynn Ronewicz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1927, email: [email protected]
FR Citation		81 FR 12138