81 FR 26583 - 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 85 (May 3, 2016)
Federal Register Volume 81, Issue 85 (May 3, 2016)
| Page Range | 26583-26589 | |
| FR Document | 2016-09981 |
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)] [Notices] [Pages 26583-26589] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09981] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2016-0079] 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. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment requests are for Exelon Generation Company, LLC, Quad Cities Nuclear Power Station (QCNPS), Units 1 and 2. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. In addition, each amendment request contains sensitive unclassified non-safeguards information (SUNSI). DATES: Comments must be filed by May 31, 2016. A request for a hearing must be filed by June 27, 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 May 9, 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-2016-0079. 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 [[Page 26584]] SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Mable Henderson, Licensing Assistant, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3760, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0079 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-2016-0079. 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-2016-0079, 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 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 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 notices 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 requests involve 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 [[Page 26585]] 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 27, 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 27, 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 26586]] 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]. Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad Cities Nuclear Power Station (QCNPS), Units 1 and 2, Rock Island County, Illinois Date of amendment request: December 14, 2015. A publicly-available version is in ADAMS under Accession No. ML15348A396. Description of amendment request: This amendment request contains sensitive unclassified non-safeguards information (SUNSI). The amendment would revise the design bases in the updated final safety analysis report to reflect the use of a new criticality safety assessment (CSA) fuel channel bow/bulge methodology to support the performance of criticality safety evaluation for ATRIUM-10XM fuel design in the spent fuel pool (SFP). 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 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 involves a revised CSA for the QCNPS Units 1 and 2 SFPs using a new fuel channel bow/bulge methodology. The proposed change does not alter or modify the fuel, fuel handling processes, spent fuel storage racks, number of fuel assemblies that may be stored in the SFP, decay heat generation rate, or the SFP cooling and cleanup system. The proposed change was evaluated for impact on the following previously evaluated events and accidents: A fuel handling accident (FHA), A fuel mispositioning event, A seismic event, and A loss of SFP cooling event. The probability of a FHA is not increased because implementation of the proposed change will employ the same equipment and processes to handle fuel assemblies that are currently used. The FHA radiological consequences are not increased because the fuel channel bow/bulge methodology used in the CSA does not impact the radiological source term of a single fuel assembly. Therefore, the proposed change does not significantly increase the probability or consequences of an FHA. Operation in accordance with the proposed change will not significantly increase the probability of a fuel mispositioning event because fuel movement will continue to be controlled by approved fuel handling procedures. These procedures continue to require identification of the initial and target locations for each fuel assembly that is [[Page 26587]] moved. The consequences of a fuel mispositioning event are not changed because the reactivity analysis demonstrates that the new subcriticality criteria and requirements will be met for the worst- case fuel mispositioning event. Operation in accordance with the proposed change will not change the probability of a seismic event. The consequences of a seismic event are not increased because the forcing functions for seismic excitation are not increased and because the mass of storage racks has not changed. Operation in accordance with the proposed change will not change the probability of a loss of SFP cooling event because the systems and events that could affect SFP cooling are unchanged. The consequences are not significantly increased because there are no changes in the SFP heat load or SFP cooling systems, structures or components due to the proposed change in fuel channel bow/bulge methodology used in the CSA. 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. Onsite storage of spent fuel assemblies in the QCNPS, Units 1 and 2, SFPs is a normal activity for which QCNPS has been designed and licensed. As part of assuring that this normal activity can be performed without endangering the public health and safety, the ability to safely accommodate different possible accidents in the spent fuel pool have been previously analyzed. These analyses address accidents such as radiological releases due to dropping a fuel assembly; and potential inadvertent criticality due to misloading a fuel assembly. The proposed change does not alter the method of fuel movement or spent fuel storage and does not create the potential for a new accident. The proposed use of a new fuel channel bow/bulge methodology for performing the QCNPS revised SFP CSA does not change or modify the fuel, fuel handling processes, spent fuel racks, number of fuel assemblies that may be stored in the pool, decay heat generation rate, or the SFP cooling and cleanup system. The limiting fuel assembly mispositioning event does not represent a new or different type of accident. The mispositioning of a fuel assembly within the fuel storage racks has always been possible. The proposed change involves a revised CSA for the QCNPS, Units 1 and 2, SFPs using a new fuel channel bow/bulge methodology. The associated analysis results show that the storage racks remain sub-critical, with substantial margin, following a worst-case fuel misloading event. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed change involves a revised CSA for the QCNPS, Units 1 and 2, SFPs using a new fuel channel bow/bulge methodology. This change was evaluated for its effect on margins of safety related to criticality and spent fuel heat removal capability. QCNPS Technical Specifications Section 4.3, ``Fuel Storage,'' Specification 4.3.1.1.a requires the spent fuel storage racks to maintain the effective neutron multiplication factor, keff, less than or equal to 0.95 when fully flooded with unborated water, which includes an allowance for uncertainties. Therefore, for SFP criticality considerations, the required safety margin is five percent. The proposed change ensures, as verified by the associated criticality analysis, that keff continues to be less than or equal to 0.95, thus preserving the required safety margin of five percent. The proposed use of a new fuel channel bow/bulge methodology for performing the QCNPS SFP CSA does not affect spent fuel heat generation or the spent fuel cooling systems. In addition, the radiological consequences of a dropped fuel assembly remain unchanged as the anticipated fuel damage due to a fuel handling accident is unaffected by the use of a new fuel channel bow/bulge methodology to perform the CSA. The proposed change also does not increase the capacity of the Unit 1 and Unit 2 spent fuel pools beyond the current capacity of no more than 3657 and 3897 fuel assemblies, respectively. 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 amendment request involves no significant hazards consideration. Attorney for licensee: Bradley J. Fewell, Associate General Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, Illinois 60555. NRC Acting Branch Chief: Justin C. Poole. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad Cities Nuclear Power Station (QCNPS), Units 1 and 2, Rock Island County, Illinois 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: --------------------------------------------------------------------------- \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. [[Page 26588]] E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to intervene, which must comply with the requirements of 10 CFR 2.309. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether 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 21st 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). 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. [[Page 26589]] 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. 2016-09981 Filed 5-2-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26583
• Information gathered will be used Frequency of Response: Once per NUCLEAR REGULATORY
only internally for general service request. COMMISSION
improvement and program management Average Minutes per Response: 2.
Burden Hours: 60. [NRC–2016–0079]
purposes and is not intended for release
outside of the agency; Request for Comments: Comments
Applications and Amendments to
• Information gathered will not be submitted in response to this notice will
Facility Operating Licenses and
used for the purpose of substantially be summarized and/or included in the
request for OMB approval. Comments Combined Licenses Involving
informing influential policy decisions; Proposed No Significant Hazards
and are invited on: (a) Whether the
Considerations and Containing
• Information gathered will yield collection of information is necessary
for the proper performance of the Sensitive Unclassified Non-Safeguards
quantitative information; the collections
functions of the agency, including Information and Order Imposing
will not be designed or expected to
whether the information shall have Procedures for Access to Sensitive
yield statistically reliable results or used
practical utility; (b) the accuracy of the Unclassified Non-Safeguards
as though the results are generalizable to
agency’s estimate of the burden of the Information
the population of study.
Feedback collected under this generic collection of information; (c) ways to AGENCY: Nuclear Regulatory
clearance provides useful information, enhance the quality, utility, and clarity Commission.
but it does not yield data that can be of the information to be collected; (d) ACTION: License amendment request;
generalized to the overall population. ways to minimize the burden of the opportunity to comment, request a
This type of generic clearance for collection of information on hearing, and petition for leave to
quantitative information will not be respondents, including through the use intervene; order.
used for information collections that are of automated collection techniques or
designed to yield reliably actionable other forms of information technology; SUMMARY: The U.S. Nuclear Regulatory
results, such as monitoring trends over and (e) estimates of capital or start-up Commission (NRC) received and is
time or documenting program costs and costs of operation, considering approval of one amendment
performance. Such data uses require maintenance, and purchase of services request. The amendment requests are for
more rigorous designs that address: The to provide information. Burden means Exelon Generation Company, LLC, Quad
target population to which the total time, effort, or financial Cities Nuclear Power Station (QCNPS),
generalizations will be made, the resources expended by persons to Units 1 and 2. For each amendment
sampling frame, the sample design generate, maintain, retain, disclose or request, the NRC proposes to determine
(including stratification and clustering), provide information to or for a Federal that they involve no significant hazards
the precision requirements or power agency. This includes the time needed consideration. In addition, each
calculations that justify the proposed to review instructions; to develop, amendment request contains sensitive
sample size, the expected response rate, acquire, install and utilize technology unclassified non-safeguards information
methods for assessing potential non- and systems for the purpose of (SUNSI).
response bias, the protocols for data collecting, validating and verifying DATES: Comments must be filed by May
collection, and any testing procedures information, processing and 31, 2016. A request for a hearing must
that were or will be undertaken prior to maintaining information, and disclosing be filed by June 27, 2016. Any potential
fielding the study. Depending on the and providing information; to train party as defined in § 2.4 of title 10 of the
degree of influence the results are likely personnel and to be able to respond to Code of Federal Regulations (10 CFR),
to have, such collections may still be a collection of information, to search who believes access to SUNSI is
eligible for submission for other generic data sources, to complete and review necessary to respond to this notice must
mechanisms that are designed to yield the collection of information; and to request document access by May 9,
testable quantitative results. transmit or otherwise disclose the 2016.
As a general matter, information information.
collections will not result in any new All written comments will be ADDRESSES: You may submit comments
system of records containing privacy available for public inspection by any of the following methods (unless
information and will not ask questions Regulations.gov. this document describes a different
of a sensitive nature, such as sexual An agency may not conduct or method for submitting comments on a
behavior and attitudes, religious beliefs, sponsor, and a person is not required to specific subject):
respond to, a collection of information • Federal Rulemaking Web site: Go to
and other matters that are commonly
unless it displays a currently valid http://www.regulations.gov and search
considered private.
Current Actions: New Generic Office of Management and Budget for Docket ID NRC–2016–0079. Address
Information Collection Request. control number. questions about NRC dockets to Carol
Type of Review: New Collection. If additional information is required Gallagher; telephone: 301–415–3463;
Affected Public: Individuals and contact: Jerri Murray, Department email: Carol.Gallagher@nrc.gov. For
Households, Non-profit organizations, Clearance Officer, United States technical questions, contact the
State, Local or Tribal Government to Department of Justice, Justice individual listed in the FOR FURTHER
include Law Enforcement Officials. Management Division, Policy and INFORMATION CONTACT section of this
Estimated Number of Respondents: Planning Staff, Two Constitution document.
• Mail comments to: Cindy Bladey,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1,000. Square, 145 N Street NE., Room 3E–
Below we provide projected average 405B, Washington, DC 20530. Office of Administration, Mail Stop:
estimates for the next three years: OWFN–12–H08, U.S. Nuclear
Dated: April 26, 2016. Regulatory Commission, Washington,
Average Expected Annual Number of
Activities: 1 (just once over the three Jerri Murray, DC 20555–0001.
years). Department Clearance Officer for PRA, U.S. For additional direction on obtaining
Average Number of Respondents per Department of Justice. information and submitting comments,
Activity: 2,000. [FR Doc. 2016–10276 Filed 5–2–16; 8:45 am] see ‘‘Obtaining Information and
Annual Responses: 2,000. BILLING CODE 4410–05–P Submitting Comments’’ in the
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![Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26589
Day Event/Activity
A + 28 ........... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days re-
main between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as es-
tablished in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later dead-
line.
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. 2016–09981 Filed 5–2–16; 8:45 am] please contact the NRC’s Public enables the NRC to ensure that the
BILLING CODE P Document Room (PDR) reference staff licensee is using the proper radiation
at: 1–800–397–4209, 301–415–4737, or release criteria and to determine the
by email to pdr.resource@nrc.gov. The adequacy of the licensee’s final site
NUCLEAR REGULATORY ADAMS accession number for each survey. Upon PG&E demonstrating that
COMMISSION document referenced (if it is available in it has reduced the residual radioactivity
[Docket No.: 50–133; NRC–2016–0091]
ADAMS) is provided the first time that at HBPP Unit 3 to levels permitting its
it is mentioned in this document. release for unrestricted use (in
Humboldt Bay Power Plant Unit 3 • NRC’s PDR: You may examine and accordance with the NRC’s regulation,
License Termination Plan, Pacific Gas purchase copies of public documents at 10 CFR 20.1402), as demonstrated by
& Electric Company the NRC’s PDR, Room O1–F21, One the final site survey, the NRC will
White Flint North, 11555 Rockville terminate PG&E’s license. The NRC, in
AGENCY: Nuclear Regulatory Pike, Rockville, Maryland 20852. the EA, considered a no-action
Commission. FOR FURTHER INFORMATION CONTACT: alternative in which the NRC would not
ACTION: Environmental assessment and Alan Bjornsen, Office of Nuclear approve the LTP, therefore preventing
finding of no significant impact; Materials Safety and Safeguards, U.S. the termination of the HBPP Unit 3
issuance. Nuclear Regulatory Commission, operating license. The no-action
Washington DC 20555–0001; telephone: alternative would keep the PG&E
SUMMARY: The U.S. Nuclear Regulatory 301–415–6925; email:
Commission (NRC) is issuing an operating license in effect, and the site
Alan.Bjornsen@nrc.gov. would not be available for another use.
environmental assessment (EA) and a
finding of no significant impact (FONSI) SUPPLEMENTARY INFORMATION: As a result, the no-action alternative
for a license amendment request was not evaluated further in the EA. The
I. Introduction
submitted by Pacific Gas and Electric NRC evaluated the potential impacts to
In accordance with section 50.90 of threatened and endangered species,
Company (PG&E or licensee) related to
title 10 of the Code of Federal environmental justice, and offsite land
its shutdown Humboldt Bay Power
Regulations (10 CFR), and 10 CFR use for waste disposal. The NRC
Plant (HBPP) Unit 3 License
50.82(a)(9), PG&E submitted a request to determined that approval of the LTP for
Termination Plan (LTP).
the NRC dated May 3, 2013 (ADAMS HBPP Unit 3 would not result in a
DATES: The EA and FONSI referenced in Accession Nos. ML13130A008 and
this document are available on May 3, significant impact to the human
ML13130A009, respectively) to amend environment.
2016. its nuclear power plant operating
ADDRESSES: Please refer to Docket ID license (DPR–7) for HBPP Unit 3 which The NRC staff consulted with a
NRC–2016–0091 when contacting the is located near Eureka, California. The number of Federal, State and local
NRC about the availability of license amendment request proposed to agencies, and other parties regarding the
information regarding this document. add license conditions that incorporate potential environmental impacts of the
You may obtain publicly-available the LTP and establish the criteria for proposed action. These consultations
information related to this document determining when changes to the LTP were intended to afford these agencies
using any of the following methods: require NRC approval. The NRC and parties the opportunity to comment
• Federal Rulemaking Web site: Go to performed a safety and environmental on the proposed action, and to ensure
http://www.regulations.gov and search review for this license amendment that the requirements of Section 102(2)
for Docket ID NRC–2016–0091. Address request. This EA documents the staff’s of NEPA, Section 106 of the National
questions about NRC dockets to Carol environmental review and its Historic Preservation Act, Section 7 of
Gallagher; telephone: 301–415–3463; compliance with Section 102(2) of the the Endangered Species Act, and
email: Carol.Gallagher@nrc.gov. For National Environmental Policy Act of Section 305 of the Magnuson-Stevens
technical questions, contact the 1969, as amended (NEPA). Fishery Conservation and Management
individual listed in the FOR FURTHER Act were met. Regarding these laws, the
INFORMATION CONTACT section of this
II. Environmental Assessment NRC staff requested input from the
document. Summary Army Corps of Engineers and consulted
• NRC’s Agencywide Documents Under the requirements of §§ 51.21 with the U.S. Fish and Wildlife Service,
Access and Management System and 51.30(a), the NRC staff developed the National Marine Fisheries Service,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(ADAMS): You may obtain publicly- an EA (ADAMS Accession No. the California Office of Historic
available documents online in the ML16106A054) to evaluate the proposed Preservation, the California Native
ADAMS Public Documents collection action to amend PG&E’s operating American Heritage Commission, the
at: http://www.nrc.gov/reading-rm/ license for HBPP Unit 3 to include the California Office of Native American
adams.html. To begin the search, select LTP. The LTP provides the basis for the Affairs, three Federally-recognized
‘‘ADAMS Public Documents’’ and then NRC to ensure that the licensee has Native American Tribes (the Wiyot
select ‘‘Begin Web-based ADAMS adequate funds available to complete Tribe, the Bear River Band of
Search.’’ For problems with ADAMS, decommissioning. In addition, the LTP Rohnerville Rancheria, and the Blue
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Document Created: 2016-05-03 00:30:18
Document Modified: 2016-05-03 00:30:18
| 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 May 31, 2016. A request for a hearing must be filed by June 27, 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 May 9, 2016. | |
| Contact | Mable Henderson, Licensing Assistant, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3760, email: [email protected] | |
| FR Citation | 81 FR 26583 |
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