81 FR 23011 - Completion Date of Cyber Security Plan Implementation Milestone 8; Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 75 (April 19, 2016)
Federal Register Volume 81, Issue 75 (April 19, 2016)
| Page Range | 23011-23016 | |
| FR Document | 2016-09042 |
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)] [Notices] [Pages 23011-23016] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09042] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-390; NRC-2016-0076] Completion Date of Cyber Security Plan Implementation Milestone 8; Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1 AGENCY: Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-90, issued to the Tennessee Valley Authority, for operation of the Watts Bar Nuclear Plant (WBN), Unit 1. The proposed amendment would revise the WBN, Unit 1, Cyber Security Plan (CSP) implementation schedule for Milestone 8 and would revise the associated license condition in the Facility Operating License. The amendment request contains sensitive unclassified non-safeguards information (SUNSI). DATES: Submit comments by May 19, 2016. Requests for a hearing or petition for leave to intervene must be filed by June 20, 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 April 29, 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-2016-0076. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Robert Schaaf, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6020, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0076 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-2016-0076. 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 License Amendment Request (WBN-TS-16-04) to Change the Completion Date of Cyber Security Plan Implementation Milestone 8 is available in ADAMS under Accession No. ML16064A488. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One [[Page 23012]] White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2016-0076 and ``Watts Bar Nuclear Plant, Unit 1, application dated March 4, 2016, license amendment request to change the completion date of Cyber Security Plan Implementation Milestone 8,'' in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Introduction The NRC is considering issuance of an amendment to Facility Operating License No. NPF-90, issued to the Tennessee Valley Authority, for operation of the WBN, Unit 1, located in Rhea County, Tennessee. The proposed amendment would revise the WBN, Unit 1, CSP implementation schedule for Milestone 8 and would revise the associated license condition in the Facility Operating License. Before any issuance of the proposed license amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and NRC's regulations. The NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations in 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. 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 revises the CSP Milestone 8 implementation date. This change does not alter accident analysis assumptions, add any initiators, or affect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected. The proposed change is an extension to the completion date of implementation Milestone 8, that in itself does not require any plant modifications which affect the performance capability of the structures, systems, and components relied upon to mitigate the consequences of postulated accidents and have no impact on the probability or consequences of an accident previously evaluated. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed change revises the CSP Implementation Schedule. This proposed change to extend the completion date of implementation Milestone 8 does not alter accident analysis assumptions, add any initiators, or affect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected. The proposed change does not require any plant modifications which affect the performance capability of the structures, systems and components relied upon to mitigate the consequences of postulated accidents. This change also does not create the possibility of a new or different kind of accident from any accident previously evaluated. 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. Plant safety margins are established through limiting conditions for operation, limiting safety system settings, and safety limits specified in the technical specifications. The proposed change extends the CSP Implementation Schedule. Because there is no change to these established safety margins as result of this change, the proposed change does not involve a significant reduction in a margin of safety. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a No Significant Hazards Consideration. The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. III. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license or combined license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR, located at One White Flint North, Room O1- F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief [[Page 23013]] Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the requestor/petitioner seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the requestor/ petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the requestor/petitioner to relief. A requestor/ petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing 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 June 20, 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 June 20, 2016. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [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. [[Page 23014]] Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's ``Guidance for Electronic Submission,'' which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ``Contact Us'' link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, in some instances, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. For further details with respect to this action, see the application for license amendment dated March 4, 2016. Attorney for licensee: Ms. Sherry A. Quirk, Executive Vice President and General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902. NRC Branch Chief: Benjamin Beasley. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation Tennessee Valley Authority, Docket No. 50-390, Watts Bar Nuclear Plant, Unit 1, Rhea County, Tennessee 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\ [[Page 23015]] The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the dates the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to intervene, which must comply with the requirements of 10 CFR 2.309. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 12th day of April, 2016. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0............................. Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10............................ Deadline for submitting requests for access to Sensitive Unclassified Non- Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60............................ Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20............................ U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). [[Page 23016]] 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. 2016-09042 Filed 4-18-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23011
please contact the NRC’s Public does not produce a significant change in this document describes a different
Document Room (PDR) reference staff at either the type or amount of effluents method for submitting comments on a
1–800–397–4209, 301–415–4737, or by released to the environment; (ii) does specific subject):
email to pdr.resource@nrc.gov. The not produce a significant increase in • Federal Rulemaking Web site: Go to
ADAMS accession number for each occupational radiation exposure; (iii) http://www.regulations.gov and search
document referenced (if that document does not have significant construction for Docket ID NRC–2016–0076. Address
is available in ADAMS) is provided the impacts; and (iv) does not produce a questions about NRC dockets to Carol
first time that a document is referenced. significant increase in the potential for Gallagher; telephone: 301–415–3463;
• NRC’s PDR: You may examine and or consequences from radiological email: Carol.Gallagher@nrc.gov. For
purchase copies of public documents at accidents. Accordingly, pursuant to 10 technical questions, contact the
the NRC’s PDR, Room O1–F21, One CFR 51.22(b), neither an environmental individual listed in the FOR FURTHER
White Flint North, 11555 Rockville assessment nor an environmental INFORMATION CONTACT section of this
Pike, Rockville, Maryland 20852. impact statement was required for this document.
FOR FURTHER INFORMATION CONTACT: proposed action. This amendment was • Mail comments to: Cindy Bladey,
William Allen, Office of Nuclear effective upon issuance. Office of Administration, Mail Stop:
Material Safety and Safeguards, U.S. Dated at Rockville, Maryland, this 7th day OWFN–12–H08, U.S. Nuclear
Nuclear Regulatory Commission, of April, 2016. Regulatory Commission, Washington,
Washington, DC 20555–0001; telephone: For the Nuclear Regulatory Commission. DC 20555–0001.
301–415–6877, email: William.Allen@ Steve Ruffin, For additional direction on obtaining
nrc.gov. Acting Chief, Spent Fuel Licensing Branch, information and submitting comments,
SUPPLEMENTARY INFORMATION: By letter Division of Spent Fuel Management, Office see ‘‘Obtaining Information and
dated September 16, 2015 (ADAMS of Nuclear Material Safety and Safeguards. Submitting Comments’’ in the
Accession No. ML15259A590), as [FR Doc. 2016–09041 Filed 4–18–16; 8:45 am] SUPPLEMENTARY INFORMATION section of
supplemented January 27, 2016 BILLING CODE 7590–01–P this document.
(ADAMS Accession No. ML16027A357), FOR FURTHER INFORMATION CONTACT:
PG&E submitted a license amendment Robert Schaaf, Office of Nuclear Reactor
request (LAR) to the NRC in accordance NUCLEAR REGULATORY Regulation, U.S. Nuclear Regulatory
with section 72.56 of title 10 of the Code COMMISSION Commission, Washington, DC 20555–
of Federal Regulations (10 CFR). The [Docket No. 50–390; NRC–2016–0076] 0001; telephone: 301–415–6020, email:
LAR requested that the TS of Materials Robert.Schaaf@nrc.gov.
License No. SNM–2511 be amended by Completion Date of Cyber Security SUPPLEMENTARY INFORMATION:
(a) removing references to preferential Plan Implementation Milestone 8;
loading from the TS, and (b) making Tennessee Valley Authority; Watts Bar I. Obtaining Information and
editorial corrections to the TS, to Nuclear Plant, Unit 1 Submitting Comments
improve their readability and human A. Obtaining Information
factors usage. The NRC staff (staff) AGENCY: Nuclear Regulatory
docketed the application, and in Commission. Please refer to Docket ID NRC–2016–
accordance with 10 CFR 72.46(b)(1), a ACTION: License amendment application; 0076 when contacting the NRC about
Notice of Proposed Action and a Notice opportunity to comment, request a the availability of information for this
of Opportunity for Hearing was hearing, and petition for leave to action. You may obtain publicly-
published in the Federal Register on intervene; order. available information related to this
October 30, 2015 (80 FR 66938). No action by any of the following methods:
SUMMARY: The U.S. Nuclear Regulatory • Federal Rulemaking Web site: Go to
requests for a hearing or leave to Commission (NRC) is considering
intervene were submitted. http://www.regulations.gov and search
issuance of an amendment to Facility for Docket ID NRC–2016–0076.
The staff has completed its review of Operating License No. NPF–90, issued
the September, 2015 LAR, and has • NRC’s Agencywide Documents
to the Tennessee Valley Authority, for Access and Management System
determined that it complies with the operation of the Watts Bar Nuclear Plant
standards and requirements of the (ADAMS): You may obtain publicly-
(WBN), Unit 1. The proposed available documents online in the
Atomic Energy Act of 1954, as amended amendment would revise the WBN,
(the Act), as well as the NRC’s rules and ADAMS Public Documents collection at
Unit 1, Cyber Security Plan (CSP) http://www.nrc.gov/reading-rm/
regulations. As required by the Act and implementation schedule for Milestone
the NRC’s rules and regulations in 10 adams.html. To begin the search, select
8 and would revise the associated ‘‘ADAMS Public Documents’’ and then
CFR Chapter 1, the staff made the license condition in the Facility
appropriate findings which are select ‘‘Begin Web-based ADAMS
Operating License. The amendment Search.’’ For problems with ADAMS,
contained in a Safety Evaluation Report request contains sensitive unclassified
(ADAMS Accession No. ML16048A478). please contact the NRC’s Public
non-safeguards information (SUNSI). Document Room (PDR) reference staff at
The NRC has thus granted the LAR and
DATES: Submit comments by May 19, 1–800–397–4209, 301–415–4737, or by
has accordingly issued Amendment No.
2016. Requests for a hearing or petition email to pdr.resource@nrc.gov. The
5 to Materials License No. SNM–2511.
for leave to intervene must be filed by License Amendment Request (WBN–
Environmental Consideration June 20, 2016. Any potential party as
mstockstill on DSK4VPTVN1PROD with NOTICES
TS–16–04) to Change the Completion
The staff’s environmental review of defined in § 2.4 of title 10 of the Code Date of Cyber Security Plan
the proposed action is set forth in the of Federal Regulations (10 CFR), who Implementation Milestone 8 is available
Safety Evaluation Report. The staff believes access to SUNSI is necessary to in ADAMS under Accession No.
found that the LAR met the categorical respond to this notice must request ML16064A488.
exclusion criteria in 10 CFR document access by April 29, 2016. • NRC’s PDR: You may examine and
51.22(c)(11). Specifically, the staff ADDRESSES: You may submit comments purchase copies of public documents at
determined that granting the LAR (i) by any of the following methods (unless the NRC’s PDR, Room O1–F21, One
VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1](https://thefederalregister.org/doc/81_FR_23086/page/1.svg)
![23016 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/activity
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 protec-
tive order.
A + 28 ................ Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
A + 53 ................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 ................ (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 .............. Decision on contention admission.
[FR Doc. 2016–09042 Filed 4–18–16; 8:45 am] (Telephone 301–415–5844 or Email: Dated: April 6, 2016.
BILLING CODE 7590–01–P Quynh.Nguyen@nrc.gov) five days prior Mark L. Banks,
to the meeting, if possible, so that Chief, Technical Support Branch, Advisory
arrangements can be made. Thirty-five Committee on Reactor Safeguards.
NUCLEAR REGULATORY hard copies of each presentation or [FR Doc. 2016–09078 Filed 4–18–16; 8:45 am]
COMMISSION handout should be provided to the DFO BILLING CODE 7590–01–P
thirty minutes before the meeting. In
Advisory Committee on Reactor addition, one electronic copy of each
Safeguards (ACRS); Meeting of the presentation should be emailed to the NUCLEAR REGULATORY
ACRS Subcommittee on Planning and DFO one day before the meeting. If an COMMISSION
Procedures; Notice of Meeting electronic copy cannot be provided
The ACRS Subcommittee on Planning within this timeframe, presenters [NRC–2016–0001]
and Procedures will hold a meeting on should provide the DFO with a CD
May 4, 2016, Room T–2B3, 11545 containing each presentation at least Sunshine Act Meeting
Rockville Pike, Rockville, Maryland. thirty minutes before the meeting.
The meeting will be open to public Electronic recordings will be permitted DATE: April 18, 25, May 2, 9, 16, 23,
attendance with the exception of a only during those portions of the 2016.
portion that may be closed pursuant to meeting that are open to the public.
PLACE:Commissioners’ Conference
5 U.S.C. 552b(c)(2) and (6) to discuss Detailed procedures for the conduct of
Room, 11555 Rockville Pike, Rockville,
organizational and personnel matters and participation in ACRS meetings
Maryland.
that relate solely to the internal were published in the Federal Register
personnel rules and practices of the on October 21, 2015 (80 FR 63846). STATUS: Public and Closed.
ACRS, and information the release of Information regarding changes to the Week of April 18, 2016
which would constitute a clearly agenda, whether the meeting has been
unwarranted invasion of personal canceled or rescheduled, and the time Tuesday, April 19, 2016
privacy. allotted to present oral statements can
be obtained by contacting the identified 9:30 a.m. Meeting with the
The agenda for the subject meeting Organization of Agreement States
shall be as follows: DFO. Moreover, in view of the
possibility that the schedule for ACRS and the Conference of Radiation
Wednesday, May 4, 2016—12:00 p.m. meetings may be adjusted by the Control Program Directors (Public
Until 1:00 p.m. Chairman as necessary to facilitate the Meeting) (Contact: Paul Michalak:
conduct of the meeting, persons 301–415–5804)
The Subcommittee will discuss
proposed ACRS activities and related planning to attend should check with This meeting will be webcast live at
matters. The Subcommittee will gather the DFO if such rescheduling would the Web address—http://www.nrc.gov/.
mstockstill on DSK4VPTVN1PROD with NOTICES
information, analyze relevant issues and result in a major inconvenience. Week of April 25, 2016—Tentative
facts, and formulate proposed positions If attending this meeting, please enter
and actions, as appropriate, for through the One White Flint North There are no meetings scheduled for
deliberation by the Full Committee. building, 11555 Rockville Pike, the week of April 25, 2016.
Members of the public desiring to Rockville, MD. After registering with Week of May 2, 2016—Tentative
provide oral statements and/or written security, please contact Mr. Theron
comments should notify the Designated Brown (240–888–9835) to be escorted to There are no meetings scheduled for
Federal Official (DFO), Quynh Nguyen the meeting room. the week of May 2, 2016.
VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1](https://thefederalregister.org/doc/81_FR_23086/page/6.svg)
Document Created: 2016-04-19 00:15:37
Document Modified: 2016-04-19 00:15:37
| 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 May 19, 2016. Requests for a hearing or petition for leave to intervene must be filed by June 20, 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 April 29, 2016. | |
| Contact | Robert Schaaf, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6020, email: [email protected] | |
| FR Citation | 81 FR 23011 |
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